HomeMy WebLinkAbout12-08-201441
CITY OF
'AUBURN
WASHINGTON
City Council Chambers
25 West Main Street
Case No: PLT14 -0001 (Willow Place)
HEARING EXAMINER
December 8, 2014
6:30 p.m.
Applicant:
William Goodwin, Willow Place LLC
Request:
The proposed Preliminary Plat ( "Project ") will subdivide a 3.35 -
acre lot ( "Site ") into twelve (12) lots for the construction of single -
family residences on eleven (11) lots and retention of an existing
single - family residence on one (1) lot. The scope of work includes
construction of public right -of -way (ROW) and improvements,
stormwater facilities, utilities, and associated grading activity.
Project Location:
30605 132nd AVE SE
N E '/4 of Section 09 -21 -05
Case No:
Police Incident Report 14 -09720
Applicant: Deniece Tozier
Request: Appeal of Potentially Dangerous Dog Designation
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Willow Place
PLT1 4-0001
Application Date: January 14, 2014
ApplimanV
Property Owner: William Goodwin
Willow Place LLC
15215 SE 272.d ST, Suite 2O1
Kent, WA 98042
Agent: Tom Redding
Encompass Engineering &Surveying
105NE Juniper ST, Suite 2O1
Issaquah, VVA98O27
Project Description: The proposed Preliminary Plat rP jeC[\viUSUbdivide83.35-
acre lot ("Site") into twelve /12\ lots for the cODStruCdOD Of single-
family [8SideOC8SODe|eveOU1\|OtS8ndre[8ObODOf8n8xiGUng
SiDg|8-f@rDi|y residence OO one (1) lot. The scope of work includes
construction Of public [ight-0f-woy(RC}VV) and improvements,
8tOrnlvv8t8[f8Ci|itieS' utilities, and 8GSOCigted grading activity,
Proposed Location: 30805 132 nu AVE GE
NE1/4Of Section OS-21-O5
Parcel Number: 0921059158
Subject Property and Adjacent Property Comprehensive Plan designation, Zoning
classification and current Land Use:
Preliminary Plat - Willow Place (PLT14-00O1)
Staff Report
December 2.2O14
Page
Am-) B URN
Comprehensive Plan
Zoning
Current Land Use
Project Site
Single-Family Residential
R5 Residential — 5 Dwelling
Single-family residences
Units per Acre
North
Single-Family Residential
R5 Residential — 5 Dwelling
Single-family residences
Public and Quasi-Public
Units per Acre
Utility facility (water tower)
South
Single-Family Residential
R5 Residential — 5 Dwelling
Single-family residences
Units per Acre
East
Single-Family Residential
R5 Residential — 5 Dwelling
Single-family residences
Units per Acre
West
Single-Family Residential
R5 Residential — 5 Dwelling
Single-family residences
Units per Acre
Preliminary Plat - Willow Place (PLT14-00O1)
Staff Report
December 2.2O14
Page
Am-) B URN
U. SEPA STATUS:
Exempt Auburn City Code 0.OU.05SA\\ 1\8DdVV8ShingtOnAdnniOiStr8tiv8
Code (WAC) Section 197-11-800(l)(c).
UL
FINDINGS OF FACT:
1. VViUi8Dl Goodwin Of VVi|k}vv P1oQ3 LLC ("Applicant") submitted 8 Preliminary Plat 8pp|iC8UOO
("Project") OD J@OU8[y 14' 2014 to subdivide 8 3.35-acre lot ("Site") into 12 |0(S for the
CODgLRJCU0O of single-family residences.
2. The Site is |OC8i8d at 30605 132'd Avenue SE, within the City nfAuburD'Scorporate |iD1hS.
and referenced by King County Tax Assessor Parcel No. 0021059158.
3. The Site is currently developed with an existing single-family residence, accessory
structures, and 8 septic system. The single-family residence and accessory structures will
be retained, and the septic system will b8removed.
4. The Site is zoned R5 Residential, Five (5) Dwelling Units per Acre, and the Project is v8SL8d
to this standard. The COOOpneh8DSiV8 Land Use d8Sign8bOD for the Property is "Sing|B-
Family Residential".
PreliminaryPlat-VVi||mwPlaoe(PLT14-00O1)
Staff Report
December 2.2014
Page
5. For a net site area of 114,582 square feet (SF), the minimum and base (maximum) density
for the R5 zone of 4 -5 dwelling units per net acre results in 11 -13 dwelling units for the Site,
per Auburn City Code (ACC) 18.02.065. The Project proposes 12 dwelling units for the Site.
6. The following lot dimensions are applicable to the R5 zone:
Minimum average lot area: 8,000SF
Minimum lot area: 6,000SF
Minimum lot width: 50'
7. The following lot dimensions are proposed by the Project:
Minimum average lot area: 7,033SF
Minimum lot area: 6,000SF
Minimum lot width: 50'
8. Per the process and criteria in Auburn City Code (ACC) 18.70.015(A)(1)(b), an
Administrative Variance (File No. VAR14 -0002, "Exhibit 11 ") was approved on December 2,
2014 reducing the minimum average lot area required of the lots within the Project from
8,000SF to 7,000SF, an approximately 12.5% reduction; within the 25% reduction that may
be authorized by the Administrative variance.
9. Per ACC 12.64A, "Required Public Improvements ", the following public right -of -way (ROW)
dedication and construction of public right -of -way improvements are required for the
subdivision:
Dedication of ROW and construction of improvements along the 132nd Avenue SE
frontage to the Minor Arterial standard specified in the City of Auburn Engineering
Design Standards.
Dedication of ROW and construction of improvements along the 130th Avenue SE
frontage to the Local Residential standard specified in the City of Auburn Engineering
Design Standards.
Dedication of ROW and construction of the internal plat road for the Project ( "SE 306th
Court ") to the Local Residential standard specified in the City of Auburn Engineering
Design Standards.
10. Per ACC 17.18.010, "Modifications for Formal Subdivisions ", the Hearing Examiner may
approve a modification of any standard or specification established or referenced by
ACC17.14, "Improvement Requirements — Subdivisions ", or established or referenced in the
city's design standards or construction standards, upon making the findings of fact in ACC
17.18.030; provided, that the Hearing Examiner shall obtain the concurrence of the City
Engineer for any requests to modify any City of Auburn design or construction standard.
11. Per the deviation request ( "Exhibit 10 ") dated January 13, 2014, and received January 14,
2014, the applicant proposes the following two deviations:
Preliminary Plat — Willow Place (PLT1
Staff Report
December 2, 2014
Page 3
Construct vertical curve length of 50' for the SE 306th Court intersection with 130th
Avenue SE, as proposed on the site plans ( "Exhibit 4 ") received on October 16, 2014,
rather than the vertical curve length of 257 -326' required per the City of Auburn
Engineering Design Standard 10.02.5.
Construct rolled curb along the cul -de -sac for SE 306th Court, rather than the barrier
curb required per the City of Auburn Engineering Design Standard 10.02.9.4.
12. The proposed deviation request has been reviewed by the City's Transportation staff and
the City Engineer. The City Engineer is only recommending approval of only one of the
deviations; the minimum vertical curve deviation referenced in Findings of Fact No. 11 to the
Hearing Examiner subject to the Conditions of Approval contained herein. The other
deviation request is recommended to be denied.
13. The City Engineer also recommends of approval of the following deviation as proposed by
City Transportation staff. City staff has identified the following deviations to be appropriate
for the Project to maintain continuity and cohesiveness by eliminating the jog in the existing
right -of -way (ROW) and matching the frontage improvements of the Brandon Meadows plat
located to the south:
Dedication of ROW and construction of paved roadway on 132nd Avenue SE that is 5'
greater than what is required for a minor arterial per the City of Auburn Engineering
Design Standards Table 10 -1.
Dedication of ROW and construction of paved roadway on 130th Avenue SE that is 8'
greater than what is required for a local residential street per the City of Auburn
Engineering Design Standards Table 10 -1.
14. Water service will be provided by the City of Auburn.
15. Sanitary sewer service will be provided by the City of Auburn.
16. The requirements of ACC 13.48 Storm Drainage Utility, ACC 15.74 Land Clearing, Filling,
and Grading, and the City's 2009 Surface Water Management Manual (SWMM) are
applicable to the Site and Project.
17. Fire hydrants and mains capable of providing the required fire flow shall be provided per
City of Auburn Engineering Design Standards and the 2009 International Fire Code (IFC).
Fire hydrant locations shall be approved by the Fire Marshal.
18. Traffic, fire, park, and school impacts are mitigated through the payment of impact fees in
effect at the time of Building Permit issuance for each lot or deferred per ACC 19.02.070(E),
19.04.040(H), 19.06.040(F), and 19.08.030(G).
19. No Critical Landslide or Erosion Hazard areas have been identified on the Site.
20. No wetlands or streams have been identified on the Site.
Preliminary Plat — Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 4
21. The Site is not located in the regulatory floodplain per Federal Emergency Management
Agency (FEMA) maps.
22. The Site is located in Groundwater Protection Zone 4 and the Project shall implement best
management practices for water resource protection during construction, as required by
City critical areas regulations.
23. The Site is not located within any shoreline designation.
24. The Project does not exceed 20 residential dwelling units and is categorically exempt from
SEPA environmental review per ACC 16.06.055(A)(1).
25. A Notice of Application was issued on June 24, 2014 ( "Exhibit 12 ") and was reissued on July
24, 2014 ( "Exhibit 13 ") as the original Notice of Application was not posted at the Site. The
City received three comment letters on the project ( "Exhibit 7 "). The Notice of Public
Hearing ( "Exhibit 14 ") was issued a minimum of 10 days prior to the public hearing as
required by ACC 18.70.040. The notices were posted at the Site, mailed to adjacent
property owners within 300' of the Site, and published in The Seattle Times, newspaper.
IV. CONCLUSIONS:
ACC Section 17.10.070 specifies the approval criteria for a Preliminary Plat.
Following is staff analysis of this Preliminary Plat application's compliance with each
criterion. The criteria are listed below in italics, followed by a staff analysis.
A. Adequate provisions are made for the public health, safety and general welfare and for
open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary
wastes, parks, playgrounds and schools.
Staff Analysis:
The Project includes adequate provisions for access, water and sanitary sewer service,
stormwater management, fire protection, recreation, and schools.
The Project's proposed new public street, SE 306th Court, which per the City's
Addressing Committee will be redesignated as SE 306th Place as a Condition of
Approval for the Preliminary Plat, will provide access for 11 of the 12 lots from 130th
Avenue SE, to the west. The existing single - family residence will retain direct access to
132nd Avenue SE, to the east. In its review of the Project, the City's Transportation staff
and the Valley Regional Fire Authority (VRFA) found the proposed ROW dedications
and improvements to 132nd Avenue SE, 130th Avenue SE, and SE 306th Court to be
acceptable, as conditioned herein.
City Water and sewer service is available and capable of serving the Site.
Stormwater management, drainage, and erosion control will be adequately provided
consistent with the ACC 13.48, "Storm Drainage Utility ", ACC 15.74, " Land Clearing,
Preliminary Plat — Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 5
Filling, and Grading ", the City's 2009 Surface Water Management Manual (SWMM), and
other applicable City standards.
Adequate provision of fire protection is made through the payment of fire impact fees at
the time of Building Permit issuance for each lot or as may be deferred per ACC
19.06.040(F) and consistency with the City of Auburn Engineering Design Standards
and the 2009 International Fire Code (IFC)
Adequate provisions for schools are made through the payment of school impact fees at
the time of Building Permit issuance for each lot or as may be deferred per ACC
19.02.070(E). Sidewalks do not currently exist along the Site frontages. Sidewalks will
be provided along the 132nd Avenue SE and 130th Avenue SE Site frontages, as well as
in SE 306th Court serving the project, to provide pedestrian access. Per the Student
Walkway Assessment ( "Exhibit 9 "), the Project will have a walking route to Lea Hill
Elementary and to a school bus stop for Rainier Middle School and Auburn Mountain
View High School via connection to existing sidewalks in adjacent neighborhoods.
Adequate provisions for parks are made through the payment of park impact fees at the
time of Building Permit issuance for each lot or as may be deferred per ACC
19.08.030(G). The proposed Project of 12 lots does not reach the threshold of 50 units
that requires the dedication of park space per ACC 17.14.100, "Parks and Playgrounds ".
Staff finds the Project meets the criterion, as conditioned herein.
B. Conformance of the proposed subdivision to the general purposes of the comprehensive
plan.
Staff Analysis:
The Project is consistent with the general purposes of the Comprehensive Plan.
Specifically the Project is consistent with the following Comprehensive Plan goals,
objectives, and policies:
Capital Facilities Goal 13: City Utilities
Ensure that development will only occur if the urban services necessary to
support the development will be available at the time of development.
Objective 13.1: To ensure safe and adequate water service, for both domestic
and fire protection purposes, to meet the needs of the existing community and
provide for its planned growth.
Policy CF -16: The City shall continue its policy of requiring that water system
extensions needed to serve new development shall be built prior to or
simultaneous with such development, according to the size and configuration
identified by the Comprehensive Water Plan as necessary to serve future
planned development.
Preliminary Plat— Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 6
Policy CF -13: The City shall continue to recognize the overall system impacts of
new development upon the City water system through the collection and
appropriate use of system development charges or similar fees.
Objective 13.2: To ensure the efficient transmission of sanitary sewage to the
appropriate treatment and disposal facilities, in order to meet the needs of the
existing community and provide for its planned growth.
Policy CF -23: The City shall continue its policy of requiring that sewer system
extensions needed to serve new development shall be built prior to or
simultaneous with such development, according to the size and configuration
identified by the Comprehensive Sanitary Sewer Plan and Comprehensive Plan
as necessary to serve future planned development.
Policy CF -25: The City shall continue to recognize the overall system impacts of
new development upon the City sewer system, through the collection and
appropriate use of system development charges or similar fees.
Objective 13.4: To ensure that collection, conveyance, storage and discharge of
storm drainage is provided in a sufficient and environmentally responsible
manner, in order to meet the needs of the existing community and provide for its
planned growth.
Policy CF -37: The City shall require developers to construct storm drainage
improvements directly serving the development, including any necessary off -site
improvements.
Policy CF -39: The City shall recognize the overall system impacts of new
development upon the City's drainage system, through the collection of system
development charges or similar fees to assist in the financing of new and
oversized (e.g. regional drainage improvements.)
Policy CF -42: Drainage facilities serving the larger community should be owned,
operated and maintained by the City's storm drainage utility.
Policy CF -53: The City shall seek to minimize the impacts to the natural river
system's hydrology by encouraging pre - treatment of surface flows of new
development and re- introduction into the groundwater where feasible.
The necessary City utilities are available for the Project, specifically water and sewer
service is available and capable of serving the Site. To ensure that the water and sewer
service impacts of the new development are addressed, water and sewer system
development charges are assessed at the time of Building Permit issuance for each lot.
The stormwater resulting from the Project will drain to the stormwater detention and
water quality pond in Tract A, to be constructed by the developer and dedicated to the
City, prior to controlled release near the southwest corner of the Site. Stormwater
Preliminary Plat — Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 7
management, drainage, and erosion control will be adequately provided consistent with
the ACC 13.48 Storm Drainage Utility, ACC 15.74 Land Clearing, Filling, and Grading,
the City's 2009 Surface Water Management Manual (SWMM), and any other applicable
City standards. To ensure that the storm drainage impacts of the new development are
addressed, storm system development charges are assessed at the time of Facilities
Extension Agreement (FAC) approval for the Site and Building Permit issuance for each
lot.
Land Use Goal 7: Residential Development
To emphasize housing development at single family densities, in order to
reestablish a mix of housing types appropriate for a family oriented community,
while recognizing the need and desire for both lower density and higher density
housing appropriately located to meet the housing needs of all members of the
community.
Policy LU -17: Residential densities in areas designated for single family
residential uses should be no greater than 7 units per acre.
Objective 7.2: To designate land for the development of new single family
homes.
Policy LU -26: Emphasis shall be placed upon the. manner in which the
recreational needs of the residents shall be met in the approval of any residential
development.
Parks Goal 21: Parks, Recreation, and Open Space
To provide and maintain a comprehensive system of parks and opens spaces
that responds to the recreational, cultural, environment, and aesthetic needs and
desires of the City's residents.
Policy PR -2: New developments shall contribute to the development of new
parks at a level commensurate with their share of new facility needs as
established by the Park and Recreation Plan.
The Site is 3.35 acres. The net site area used to calculate density, which excludes the
Site area specified in ACC 18.02.065(A), "Methods of Calculating Density ", is
114,582SF. With 12 lots proposed, the unit count is consistent with the R5 Residential
minimum and base (maximum) densities of 4 -5 dwelling units per net acre (11 -13
dwelling units for the Site). It is therefore also consistent with the Comprehensive Plan
policy regarding density of areas designated for single - family residential uses. As such,
the proposed Project assists the City in meeting its housing targets and growth
management objectives.
Recreational needs of the residents are met through the assessment of park impact
fees at the time of Building Permit issuance for each lot or deferred per ACC
19.08.030(G). The 12 lots do not reach the threshold of 50 units that requires dedication
of park space per ACC 17.14.100.
ry Plat — Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 8
Staff finds the Project meets the criterion.
C. Conformance of the proposed subdivision to the general purposes of any other
applicable policies or plans which have been adopted by the City Council.
Staff Analysis:
"fhe preceding analysis for approval criteria B is in support of the Project's consistency
with the City of Auburn Capital Facilities Plan, Comprehensive Water Plan,
Comprehensive Sanitary Sewer Plan, Comprehensive Drainage Plan, and the Parks,
Recreation and Open Space Plan.
The Project is also consistent with general purposes of the Comprehensive
Transportation Plan. Specifically the Project is consistent with the following
Comprehensive Plan elements:
Policy TR -4: Safety shall be prioritized over driving convenience.
Policy TR -23: Require developments to construct or finance transportation
improvements and /or implement strategies that mitigate the impacts of new
development concurrent with (within 6 years of) development, as required by the
Growth Management act.
Coordination, Planning, and Implementation Objective: Finance
To finance the transportation systems necessary to serve new development,
while ensuring the City has the capability to finance general transportation
needs.
Policy TR -28: Require developments or redevelopments to construct
transportation infrastructure systems needed to serve new developments.
Policy TR -30: Improvements that serve new developments will be constructed as
a part of the development process. All costs will be borne by the developer when
the development is served by the proposed transportation improvements. In
some instances, the City may choose to participate in this construction if
improvements serve more than adjacent developments.
Policy TR -34: Maintain a traffic impact fee system based on the Institute of
Traffic Engineers (ITE) guidelines, as modified by the City Council, as a means
of enabling development to mitigate appropriately for associated traffic impacts.
Policy TR -55: On- street parking should be allowed only when consistent with the
function of the street and with traffic volumes.
Policy TR -56: New developments should provide adequate off - street parking to
meet their needs.
Preliminary Plat —Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 9
Street System Objective: Functional Classification
To provide an integrated street network of appropriate classes of streets
designed to facilitate different types of traffic flows and access needs.
Policy TR -75: The classification standards adopted in the Auburn Engineering
Design Standards are considered the City's minimum standards for new streets.
In cases in which the City attempts to rebuild an existing street within an
established right -of -way, the City Council reserves the authority to determine if
additional right -of -way should be obtained in order to realize the improvement.
Preservation of neighborhood continuity and cohesiveness will be respected.
The Project is required to construct transportation infrastructure system improvements
per ACC 12.64A, "Required Public Improvements." The City's Transportation staff have
reviewed the proposed ROW dedications and construction of improvements for
consistency with the City of Auburn Engineering Design Standards. The proposed public
ROW dedications and construction of improvements are summarized as follows:
132nd AVENUE SE
132nd Avenue SE is designated as a "Minor Arterial ". Dedication of 4' of ROW
along the southernmost 82.83' of the Site's 132nd Avenue SE frontage and
constructiomof half - street improvements as proposed provides a road pavement
width 5' greater than what is specified by the City of Auburn Engineering Design
Standards for minor arterials.
This deviation was proposed by Transportation staff and recommended for
approval by the City Engineer to maintain continuity and cohesiveness by
eliminating the jog in the existing ROW and matching the frontage improvements
of the Brandon Meadows plat to the south.
130th AVENUE SE
130th Avenue SE is designated as a "Local Residential" street. Dedication of 25'
of ROW along the Site's 130th Avenue SE frontage and construction of half -
street improvements as proposed provides a road pavement width 8' greater
than what is specified by the City of Auburn Engineering Design Standards for
"Local Residential" streets.
This deviation was proposed by Transportation staff and recommended for
approval by the City Engineer to maintain continuity and cohesiveness by
matching the frontage improvements of the Brandon Meadows plat to the south.
SE 306th COURT
SE 306th Court is a proposed ROW providing access to the Project's lots. It is to
be dedicated and constructed to the City of Auburn Engineering Design
Standard of a "Local Residential" street.
Preliminary Plat —Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 10
The City Engineer recommends approval of a deviation to the minimum vertical
curve length of 257 -326' sought by the Applicant and proposed to be 50'. To be
consistent with the City's minimum vertical curve length requirement would result
in a vertical grade that is excessively steep; the portion outside of the vertical
curve would be in excess of 8 %, the maximum permitted without an approved
Deviation Request from the City Engineer.
The City Engineer does not recommend approval of rolled curbs for the cul -de-
sac, as the rolled curb does not adequately separate vehicles in the roadway
from pedestrians on the sidewalk and stationary objects such as mailboxes,
utility boxes, and street light standards.
In addition, to ensure that the transportation needs of all residents are addressed,
demonstration of adequate off - street parking provided per ACC 18.52 is required for
Building Permit approval, and traffic impact fees are assessed at the time of Building
Permit issuance for each lot.
The Valley Regional Fire Authority has also reviewed the proposed right -of -way
dedications and construction of improvements and has identified the need to restrict on-
street parking on SE 306th Court and proposed Tract B, an access tract serving Lot 3
and 5 as a Conditional of Approval for the Preliminary Plat to provide adequate fire
apparatus access.
As such, the Project will facilitate the different types of traffic flows and access needs for
the Site, as conditioned herein.
Non - Motorized System Objective: Pedestrian Travel
To enhance and encourage pedestrian travel in Auburn.
Policy TR -130: Require developers to incorporate pedestrian facilities into new
development and redevelopment in conformance with the Auburn City Code.
Policy TR -133: Work towards buffering pedestrian walkways from moving traffic,
particularly in areas with high levels of pedestrian movements, such as near
schools and commercial areas, and along corridors with heavy vehicular traffic.
As part of the Project, sidewalks are required along the Site's frontages on 132nd
Avenue SE and 130th Avenue SE, as well as sidewalks on both sides of SE 306th Court.
Sidewalks will be constructed where sidewalks do not exist today, providing pedestrian
access to existing sidewalks in the adjacent neighborhood to the north, across 130th
Avenue SE to the west, across 132nd Avenue SE to the east, and when future sidewalk
improvements are installed adjacent to the Site. The "Minor Arterial" and "Local
Residential" street standards per the City of Auburn Engineering Design Standards
include the use of landscaping to buffer the sidewalk from vehicular traffic.
Non - Motorized System Objective: Bicycle Travel
Preliminary Plat — Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 11
To improve Auburn's bicycling network,
Policy TR -138: During the development review process, ensure projects are
consistent with the Non - Motorized chapter of the Comprehensive Transportation
Plan by requiring right -of -way dedications and other improvements as needed to
develop the bicycle network.
The proposed paved width of the 132nd Avenue SE ROW, which is designated as a
future Class 2 or 3 bicycle route in the Comprehensive Transportation Plan, exceeds
what is required in the City of Auburn Engineer Design Standards, inclusive of bike
lanes.
Staff finds the Project meets the criterion, as conditioned herein.
D. Conformance of the proposed subdivision to the general purposes of this title, as
enumerated in ACC 17.02.030.
"The purpose of this title is to regulate the division of land lying within the corporate
limits of the city, and to promote the public health, safety and general welfare and
prevent or abate public nuisances in accordance with standards established by the state
and the city, and to:
• Prevent the overcrowding of land;
• Promote safe and convenient travel by the public on streets and highways;
• Promote the effective use of land;
• Provide for adequate light and air;
• Facilitate adequate provision for water, sewerage, storm drainage, parks and
recreational areas, sites for schools and school grounds, and other public
requirements;
• Provide for proper ingress and egress;
• Provide for the expeditious review and approval of proposed land divisions which
comply with this title, the Auburn zoning ordinance, other city plans, policies and land
use controls, and Chapter 58.17 RCW,
• Adequately provide for the housing and commercial needs of the citizens of the state
and city;
• Require uniform monumenting of land divisions and conveyance by accurate legal
description; and
• Implement the goals, objectives and policies of the Auburn comprehensive plan."
Staff Analysis:
The proposed Project meets the general purposes of ACC Title 17, "Land Adjustments
and Divisions ".
The proposed Project will meet all density and lot dimension requirements, except for
minimum average lot area per dwelling unit, for the R5 zone as specified in ACC 18.07
Residential Zones. The Project's proposed lot dimensions meet the minimum width of
50', minimum lot area per dwelling unit of 6,000SF, but do not meet the minimum
average lot area per dwelling unit of 8,000SF. The minimum average lot area per
Plat —Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 12
dwelling unit for the Project is proposed to be 7,033SF. The Applicant has submitted a
request for an Administrative Variance and this has been approved (File No. VAR14-
0002, "Exhibit 11 "). The density of the Project remains within the maximum density of 5
dwelling units per net acre allowed for the R5 zone, and the Project remains consistent
with general purpose of the city's subdivision code (ACC 17.02.030) in that it does not
overcrowd the Site with development, is an effective use of land, and will provide for
adequate light and air through the setback and lot coverage requirements of the R5
zoning district.
As addressed under Staff Analysis Item A above, the proposed Project makes
adequate provisions -For ingress /egress, water, sewer, storm drainage, fire protection,
schools, and parks.
Staff Analysis Item B, above, addresses how the project complies with the City of
Auburn Comprehensive Plan. The proposed Project will develop 12 single - family
residential lots providing housing for citizens of the state and city.
As such, the Project is also consistent with subdivision standards of Revised Code of
Washington (RCW) 58.17.
Staff finds the Project meets the criterion.
E. Conformance of the proposed subdivision to the Auburn zoning ordinance and any other
applicable planning or engineering standards and specifications as adopted by the city,
or as modified and approved as part of a previously approved PUD.
Staff Analysis:
The proposed Project meets the. R5 zoning district development regulations specified in
ACC Section 18.07.030, except for minimum average lot area. A comparison of the
project to the city standards is as follows
Development
Standard of the R5
Standard as
Standard
Zone
Proposed by the
Project
Minimum lot width
50'
50'
Minimum lot area
6,000SF
6,000SF
per dwelling unit
Minimum average
8,000SF
7,033SF
lot area per
dwelling unit
ACC 18.70.015 allows for Administrative Variances to be approved consistent with ACC
18.70.015(A)(1)(b). An Administrative Variance (File No. VAR14 -0002, "Exhibit 11 ") was
approved on December 2, 2014 reducing the minimum average lot area to 7,000SF.
The future single - family residences will be required to meet the minimum setbacks and
lot coverage specified for the R5 zone in ACC 18.07.030.
Preliminary Plat — Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 13
The Project meets or is capable of meeting other applicable standards. Improvements to
the 132nd Avenue SE and 130`" Avenue SE frontages, SE 306`" Court, storm drainage,
sewer, and water facilities are required to meet the City's Engineering Design and
Construction Standards. These facilities are reviewed as part of the Facility Extension
Agreement (FAG), Grading, Storm, and Building Permit applications to be submitted by
the applicant.
Staff finds the Project meets the criterion.
F. The potential environmental impacts of the proposed subdivision are mitigated such that
the preliminary plat will not have an unacceptable adverse effect upon the quality of the
environment.
Staff Analysis:
The Project will not have significant adverse environmental impacts. No Critical Areas
were identified on the Site and the Project is Categorically Exempt from SEPA
environmental review.
Staff finds the Project meets the criterion.
G. Adequate provisions are made so the preliminary plat will prevent or abate public
nuisances.
Staff Ahalysis:
Adequate provisions are made so the proposed Project will prevent or abate public
nuisances. The existing septic system will be removed and as a Condition of Approval
for the Preliminary Plat, per the requirements of the King County Department of Public
Health. The Applicant has also proposed to evaluate the on -site rodent population,
which will be eradicated as needed prior to any construction activity, in response to
comments from Hanna Snow ( "Exhibit 15 "), property owner located at 12818 SE 3061n
Place, regarding potential for disturbing and dispersing "a semi large rodent (rat)
population" in the area onto properties located within the vicinity.
Staff finds the Project meets the criterion, as conditioned herein.
ACC Section 17.18.030 specifies the approval criteria for modifications to standards or
specifications.
The City Engineer has specifically recommended the following modifications of standards
be considered as part of the Preliminary Plat approval ( "Exhibit 10" and "Exhibit 4 "):
• Construction of half- street improvements along the 132nd Avenue SE frontage so that
the pavement width is 5' greater than what is specified by the City of Auburn
Engineering Design Standards for minor arterials.
Preliminary Plat — Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 14
Construction of half- street improvements along the 130th Avenue SE frontage so that
the pavement width is 8' greater than what is specified by the City of Auburn
Engineering Design Standards for minor arterials.
Vertical curve length of 50' for the SE 306th Court intersection with 130th Avenue SE,
rather than the vertical curve length of 257 -326' required per the City of Auburn
Engineering Design Standards.
Following is staff analysis of the deviation requests' compliance with the criteria of ACC
Section 17.18.030.
Staff Analysis:
Construction of half- street improvements so that the pavement widths of 132nd Avenue SE
and 130th Avenue SE exceeds what is required by the City of Auburn Engineering Design
Standards for minor arterials and local residential streets, respectively, is requested to
maintain neighborhood continuity and cohesiveness by matching the frontage
improvements of the Brandon Meadows plat to the south.
The request is consistent with the character of right -of -way within the vicinity. While literal
interpretation of the City of Auburn Engineering Design Standards would not deprive the
applicant rights commonly enjoyed by other properties in the same zoning district, the
deviation request maintains the capability for reasonable use of the Site.
Vertical curve length of 50' for the SE 306th Court intersection with 130th Avenue SE, which
is short of what is required per the City of Auburn Engineering Design Standards, is
requested to maintain reasonable use of the Site. Literal adherence to the City of Auburn
Engineering Design Standards would result in a vertical curve length of 257 -326', cuts of
about 16' along the road alignment, and an excessively steep SE 306th Court, which
provides access to the eastern portion of the Site. Specifically, the portion outside of the
vertical curve would be in excess of 8 %, the maximum permitted without an approved
Deviation Request from the City Engineer.
All of the above modifications to the City of Auburn Engineering Design Standards have
been reviewed by Transportation staff and the City Engineer and will not be materially
detrimental surrounding properties nor to public safety. Consequently, it is also consistent
with the Comprehensive Transportation Plan policies of preserving neighborhood continuity
and cohesiveness and provisioning of a safe transportation system.
Lastly, the modification requests are consistent with the purpose of the ACC Title 17 Land
Adjustments and Divisions.
V. STAFF RECOMMENDATION
APPROVE WITH CONDITIONS
VI. CONDITIONS OF APPROVAL
Recommendation of approval for this Preliminary Plat is based upon compliance with the
project description and Conditions of Approval as provided in the Preliminary Plat
application (File No. PLT14 -0001) and the Conditions of Approval set forth below. Any
deviations from the project description, exhibits, timing, or conditions must be reviewed and
Preliminary Plat— Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 15
approved by the City of Auburn for conformity with this approval. Any change from these
may require administrative or Hearing Examiner approval of changes to the permit and /or
environmental review.
1. The minimum average lot area shall be no less than 7,000SF, per the approved
Administrative Variance (File No. VAR14- 0002).
2. All approvals and permits related to the Project and issued by the City, including
permits related to the construction of single - family residences, shall be consistent with
the "Discussion and Recommendations" section of the Geotechnical Engineering Study
( "Exhibit 6 ") and approvals and permits related to retaining walls shall be consistent
with the recommendations of the Geotech Report ( "Exhibit 7 ").
3. The Site is in Groundwater Protection Zone 4. All approvals and permits related to the
Project and issued by the City shall be consistent with best management practices
(BMPs) per ACC 16.10.120(E)(2) and the following from the Surface Water
Management Manual (SWMM) at a minimum:
BMP C101 —Preserving Natural Vegetation
BMP C102 — Buffer Zone
BMP C103 -High Visibility Plastic or Metal Fence
BMP C120 — Temporary and Permanent Seeding
BMP C153 — Material Storage, Delivery, and Containment
BMP C160 — Certified Erosion and Sediment Control Lead
4. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), the construction plans shall show water utility easements for meters that are
proposed to be located inside private property per City of Auburn Design Standard 7.02(A).
5. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), due to the slopes evident for this project, it will be necessary to provide a storm
design showing how the runoff from the residential lots will drain to the individual private
stubouts along the street frontage. No runoff will be allowed to run uncontrolled through
separately owned lots under the final Site design.
6. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), provide hydrologic analysis utilizing the most recent version of the Department of
Ecology's Western Washington Hydrology Model (WWHM) per Chapter 1, Volume III, of the
2009 City of Auburn Surface Water Management Manual (SWMM).The City no longer
supports the use of the King County Runoff Time Series (KCRTS) as an equivalent
continuous simulation runoff model for sizing flow control or water quality facilities.
7. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), provide measurements taken through a minimum of one winter season for
determination of the elevation for maximum groundwater for the proposed pond design, as
accomplished by the establishment of groundwater monitoring points in the vicinity of the
proposed pond and a monitoring program by the geotechnical engineer for the Project. This
is due to concerns with the potential high groundwater conditions occurring in the general
area of the Site.
^ Preliminary Plat — Willow Place (PLT14 -0001)
Staff Report
December 2, 2014
Page 16
8. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), the final design of the combined detention /wet pond shall be in accordance with the
2009 Surface Water Management Manual (SWMM).
9. A note shall be placed on the Final Plat indicating that the Willow Place Homeowner's
Association and its heirs and successors shall maintain those portions of Tract A located
outside the fenced pond boundary, or if no fence if provided, outside the 10 -year storm
water surface elevation, as determined by the City Engineer. Additionally, the Covenants,
Conditions, and Restrictions shall also address this maintenance responsibility, if proposed.
10. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), provide documentation of application to the Washington State Department of
Ecology (WSDOE) for a General Storm Permit, as required for all projects over 1 acre in
size.
11. Only Lot 4 is approved access to 132nd Avenue SE. A note shall be placed on the
Final Plat indicating that there shall be no direct access to 132nd Avenue SE except for
the existing driveway located on Lot 4.
12. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), the plat construction drawing shall show the new ramp on the west side of 132nd
Avenue SE moved approximately 4' to the north of the proposed location to better align with
the existing crossing to the east and shall show the crossing perpendicular with the road.
13. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), the construction plans shall show that SE 306th Court shall be posted parking on
one side of the street only due to its 28' road width. The cul -de -sac shall be posted "No
Parking" around its entire perimeter. Posting shall be in accordance with ACC
10.36.175.
14. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), the construction plans shall rename SE 306th Court as SE 306th Place.
15. Prior to City approval of the construction plans under the Facilities Extension Agreement
,(FAC), the construction plans shall show that Tract B shall be posted and maintained as
a Fire Lane.
16. Prior to City approval of the construction plans under the Facilities Extension Agreement
(FAC), the, construction plans shall show that the water system design is sufficient to
demonstrate any portion of a future proposed structure is within 300' of a fire hydrant.
17. Prior to commencement of construction for the FAC , the temporary fence easement (Rec.
No. 201 1 01 1 3000836) depicted on. the Preliminary Plat shall be extinguished, and evidence
of extinguishment shall be transmitted to the City.
18. Prior to commencement of construction for the FAC, the Applicant shall submit
information demonstrating that all sewage will be removed from the existing septic
systems, cesspools, and any other cavities where sewage is located per the
requirements of the King County Department of Public Health. After sewage removal,
the voids shall be filled with sand, gravel, or other approved material.
Preliminary Plat — Willow Place (PI -T14 -0001)
Staff Report
December 2, 2014
Page 17
Exhibit Staff Report
Exhibit Vicinity K4op
Exhibit Preliminary Plat Application
Exhibit Preliminary Plat Site Plans, reo'd 10-16-14
Exhibit Title Report, dated 12-31-13
Exhibit Geotechnical Engineering Study, dated 5-6-14, prepared by Earth Solutions NW
Exhibit Gewtech Report, dated 8-24-O7. prepared by Dennis Joule, P.E.
Exhibit Preliminary Drainage Report, rev. 5-23-14
Exhibit Student Walkway Assessment, dated 1-1U-14
Exhibit 10 Deviation Request
Exhibit 11 Administrative Variance
Exhibit 12 Notice of Application /NOA\ and Affidavits
Exhibit 13 Re-Issued Notice Of Application (N0A) and Affidavits
Exhibit 14 Notice of Public Hearing and Affidavits
Exhibit 15 Comment Letter from Hanna Snow, dated 7'7'14
Prepared by:: t 2_ /
(�8ry�'a'O.P|8Dnv8[ `^ DATE
Community Development & Public Works Department
/
Reviewed by:
Te—f Planning Services Manager DATE
ConhRl�0iLy Development & Public Works Department
Preliminary Plat - Willow Place (PLT14-0001)
Staff Report
December 2.2014
Page 18
Exhibit 2
PLT14-0001 Willow Place Vicinity Map
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Exhibit 3
+ CITY OF AUBURN
SE ONLY
crlym Planning & Development Department
AUBURN Auburn City Hall Annex, 2 nd Floor
'—'FFICE,
FILE #: —4,
-'. " ) i
WASHINGTON 1 East Main Street
FILE NAME:
Auburn, WA 98001-4998
Va
Tel: 253.931.3090
TYPE:
RECEIVED'BY:`!`
Fax: 253.804.3114
permitcenter@auburnwa.gov
FEE PAID:
CHECK/CASH: �j
-
www.auburnwa.gov
SUBMITTAL DATE:
7T,-'T
LAND USE DESIG:
PRELIMINARY SUBDIVISION (PLAT)
APPLICATION
APPLICANT. I. Use mailing address for meeting notification. LJ Check box if Primary Contact
COMPANY: Willow Place LL C
ADDRESS: 15215 SE 272nd St- Suite 201
(CITY, STATE, zip) Kent, WA 98042-4215
PHONE: 206-730-9145 FAX: E-MAIL: randyg@eaglecreekland.com
SIGNATURE NAME: Randy Goodwin
(Signature Required)
APPLICANT'S REPRESENTATIVE: ❑ Check box if Primary Contact
COMPANY: Encompasss Engineering & Surveying
ADDRESS: 165 NE juniper St., Suite 201
(CITY, STATE, ZIP) 1,-;,qaquah,WA 99027
PHONE: 425-342-0250 FAX: 425-391-3055 E-MAIL: tredding@encompasses.net
SIGNATURE: PRINTED NAME: Tom Redding
(Signature Required)
PROPERTY OWNER(S): L Attach separate sheet if needed. ❑ Check box if Primary Contact
COMPANY: William Goodwin
ADDRESS: 13821 SE 252nd PI
(CITY, STATE, zip) Kent, WA 98042
PHONE: 251-610-99.77 FAX: E-MAIL:
SIGNATURE: PRINTED NAME: William Goodwin
(Signature ReqLfi;vd)-J
Note: Applicant or representative must have property owner's consent to file this application form in order for it
to be accepted
PROPERTY INFORMATION (REQUIRED)
SITE ADDRESS: 30605 132nd Ave SE EXISTING USE OF SITE: SFR
ASSESSOR'S PARCEL ID# LOT SIZE ZONING DISTRICT
092105-9158 3-35 R-5
PROPOSED USE OF SITE: 12-Lot Subdivision
Single Family Residential
AREA TO BE DEVELOPED (s.f.):
crrvor _
AD*a' M CITY OF AUBURN
�
-° WASHINGTON Planning & Development Department
Auburn City Hall Annex, 2nd Floor
1 East Main Street
Auburn, WA 98001 -4998
Tel: 253.931.3090
Fax: 253.804,3114
permitcenter@auburnwa.gov
www.auburnwa.gov
PRELIMINARY SUBDIVISION (PLAT)
APPLICATION
;A,_ —ft I EA 1
PRELIMINARY SUBDIVISION (PLAT) — LETTER OF
AUTHORIZATION
(A copy of this letter must be submitted for each property owner involved)
I, (,)I 14-4m CyvcQwl 0 declare under penalty of perjury under the laws of the State of Washington
as follows;
1. 1 am the owner of the property that is the subject of the application.
�w���eeriNG-
2. 1 [ ] have not appointed anyone, or [ ] have appointed to act as my agent
regarding this application.
3. All statements, answers, and information submitted with this application are true and correct to the
best of my knowledge and belief.
4. 1 agree to hold the City of Auburn harmless as to any claim (including costs, expenses and
attorney's fees incurred in the investigation of such claim) which may be made by any person,
including the undersigned, and filed against the City of Auburn, but only where such claim arises out
of the reliance of the City, including its officers and employees, upon the accuracy of the information
provided to the City as part of this application.
5. 1 hereby grant permission for representatives of the City of Auburn and any other Federal, State, or
local unit of government with regulatory authority over the project to enter onto my property to inspect
the property, take photographs, and post public notices as required in connection with review of this
application and for compliance with the terms and conditions of permits and approvals issued for the
project.
Signature
�111tAM M. ITGuCAWtN
Printed Name
/ 3,?2 t 5-6 25c1t n P1.
6 "J � CAM ago Ya
Address
t 13 IeP NI-
Date' City and State where signed
cr yOF CITY OF AUBURN PRELIMINARY SUBDIVISION (PLAT)
A0BURN
WASHINGTON Planning & Development Depp rr�ientl ti APPLICATION
Auburn City Hall Annex, 2° Rob,
1 East Main Street
Auburn, WA 98001 -4996
Tel: 253.931.3090
Fax: 253.804.3114 PLT14=0001
permitcenter@auburnwa.gov
www.auburnwa.gov
PRELIMINARY SUBDIVISION (PLAT)
LAND SURVEYOR'S CERTIFICATION
NAME OF SUBDIVISION: Willow Place
Encompass Envineerinl? & Survevin
REGISTERED LAND SURVEYOR (COMPANY)
165 NE Juniper St., Suite 201
STREET ADDRESS
Issaquah WA 98027
CITY STATE ZIP
Encompass Enaineerina & Survevin
ENGINEER (COMPANY)
165 NE Juniper St., Suite 201
STREET ADDRESS
Issaquah WA 98027
CITY STATE ZIP
Eagle Creek Land & Development, LLC
APPLICANT (COMPANY)
15215 SE 272nd St., Suite 201
STREET ADDRESS
Kent WA 98042
CITY STATE ZIP
Land Surveyor's Certification
I hereby certify that the accompanying plat
has been inspected by me and conforms to all
rules and regulations of the platting resolution
and standards for Auburn, Washington.
SIGNED
DA
William Shupe HolmbeTg, PE PLS
NAME (INDIVIDUAL)
Issaquah, WA 98027
TELEPHONE
sholmberg @encompasses.net
E-MAIL
Chad Allen, PE
NAME (INDIVIDUAL)
425 - 392 -0250
TELEPHONE
callers @encompasses.net
E -MAIL
Randy Goodwin
NAME (INDIVIDUAL)
253 - 630 -7700
TELEPHONE
randyg @eaglecreeldand.corn
E-MAIL
Land Sutriejar 6 ° >rrrds� ature
°A
11
EXHIBIT "A"
Leoo|D��Crot�n
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For APN/Paroe||D(s): 082105'9158-02
The North Half of the North Half of the South Half of the East Half of the Northeast Quarter of the Northeast Quarter of
Section Q. Township 21 North, Range b East, Willamette Meridian, in King County, Washington;
Together with the Westerly 264.72 feet of the South Half of the North Half of the South Half of the East Half of the
Northeast Township 21 North, Range 5 East, Willamette Meridian, in King County, Washington;
Except that portion conveyed to King County for road purposes by Deed recorded under recording number 2680899;
And except that portion conveyed to the State of Washington by Warranty Deed recorded under recording number
9506201489-
(Also known as Parcel B, City of Auburn Boundary Line Adjustment Number BLA-09-0001, recorded under recording
number 20110113900001, in King County, Washington).
Subdivision Guarantee/Certificate Printed: 12.31.13 @ 09:07AM
PORTION OF THE N.E. 1/4, OF THE N.E. 1/4 OF SEC. 9, TWN. 21 N., RNG5 E., WM
CITY OF AUBURN, WASHINGTON LEGgND
S
14
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PROJECT DATA:
15215 S E STAI 111 1 211
(20" '00I."
-1 A -A�
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PROJECT DATA:
15215 S E STAI 111 1 211
(20" '00I."
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TAX PARCEL 082105 -9159
PARCEL 3 OF CITY OF AUBURN LOT LINE ADJUSTMENT
No FLA 09-o 01 AS RECORDED UNDER RECORDING
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PARCEL 3 OF CITY OF AUBURN LOT LINE ADJUSTMENT
No FLA 09-o 01 AS RECORDED UNDER RECORDING
_j
NUMBER 201101-00001, RECORDS OF KING COUNTY,
WASHINGTON.
DATUM AND BENCHMARK
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LEGEND
CITY OF AUBURN, WASHINGTON
STORM DRAIN MANHOLE
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PARCEL M2191S&
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26 ) ! 4"§ , - -, � -
\ - __ I EI,
kd R�,x -I, " ,,
\ - I I . _-, PARCEL V OF CITY OF Ajj6NFN LOT LINE ADJUSWENT
NO 9-OD01 AS RECORDED UNDER RECORDING
F u IM
NUMBIENRoCC11011390I RECORDS OF KING COUNTY,
NDOCR
3 7 0 2 5 0 70N
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DATUM AND BENCHMARK It
`A"� &"IR "ONERED . TRI PLANTED TRAFF1 ORDLE AT TFE N ll� loll 11'i FOR ITNEET AND 11— AIN.E 11
7'379602410
-IT -,All-- I FOOT
NOT PART OF ARS
OF THIS PLAT OR
POSEDED I ON TRE ST T PON - SPOT E1�SRLGH'.RTR
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Exhibit 5
"UBDIVISION PLT14=0001
Issued By: ,
Guarantee /Certificate Number:
CHICAGO TITLE INSURANCE COMPANY 000659$ °06
CHICAGO TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured
shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
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 in Schedule A.
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you
wish additional liability, or assurances other than as contained herein, please contact the Company for further information
as to the availability and cost.
Chicago Title Company of Washington
701 Sth Avenue, Suite 2300
Seattle, WA 98104
4
Countersigned By:
Authorized Officer or Agent
Chicago Title Insurance Company
By:
Attest:
President
Secretary
Subdivision Guarantee /Certificate Printed: 12.31.13 @ 09:07AM
Page 1 of WA- CT -FNSE- 02150.622476- SPS -1 -13- 0006598 -06
CHICAGO TITLE INSURANCE COMPANY GUARANTEE /CERTIFICATE NO. 0006598 -06
h RUIN :01FFIC p
Title Officer: Seattle Commercial / Unit 6
Chicago Title Company of Washington
701 5th Avenue, Suite 2300
Seattle, WA 98104
Main Phone: (206)628 -5610
Email: CTISeaTitieUnit6@ctt.com
SCHEDULE A
>JOti11lit r Premiurrr Taz
$1,000.00 $350.00 $33.25
Effective Date: December 20, 2013 at 08:OOAM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matter relative to
the following described property:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Title to said real property is vested in:
Willow Property, LLC, a Washington limited liability company, as to the Northerly portion of Said Premises; and
Willow Properties, LLC, a Washington Limited Liability Company, as to the remainder
subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
END OF SCHEDULE A
Subdivision Guarantee /Certificate Printed: 12.31.13 @ 09:07AM
Page 2 of 7 WA- CT -FNSE- 02150.622476- SPS -1 -13- 0006598 -06
EXHIBIT "A"
Legal Description
For APN /Parcel ID(s): 092105 - 9158 -02
The North Half of the North Half of the South Half of the East Half of the Northeast Quarter of the Northeast Quarter of
Section 9, Township 21 North, Range 5 East, Willamette Meridian, in King County, Washington;
Together with the Westerly 264.72 feet of the South Half of the North Half of the South Half of the East Half of the
Northeast Township 21 North, Range 5 East, Willamette Meridian, in King County, Washington;
Except that portion conveyed to King County for road purposes by Deed recorded under recording number 2680899;
And except that portion conveyed to the State of Washington by Warranty Deed recorded under recording number
9506201489;
(Also known as Parcel B, City of Auburn Boundary Line Adjustment Number BLA -09 -0001, recorded under recording
number 20110113900001, in King County, Washington).
Subdivision Guarantee /Cedficate Printed: 12.31.13 @ 09:07AM
Page 3 of 7 WA- CT- FNSE - 02150.622476- SPS -1 -13- 0006598 -06
CHICAGO TITLE INSURANCE COMPANY
2
4,
C-1
SCHEDULE B
SPECIAL EXCEPTIONS
GUARANTEE /CERTIFICATE NO. 0006698 -06
Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Purpose: Sanitary sewer
Recording Date: January 13, 2011
Recording No.: 20110113000835
Affects: Southerly portion of Said Premises
Temporary Easement for Fence, and the terms and conditions thereof:
Recording Date: January 13, 2011
Recording No.: 20110113000836
Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building
setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not
limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,
handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to
the extent that said covenant or restriction is permitted by applicable law, as set forth on Boundary Line
Adjustment:
Recording No: 20110113900001
Reservation of all coal, oil, gas and mineral rights, and rights to explore for the same contained in Deed from
Weyerhaeuser Timber Co., a Washington corporation.
Recorded: August 1, 1925
Recording number: 2053320
Note: Said Deed provides for just and reasonable compensation for any injury to the surface of said land in
exercising their rights.
Agreement contained in Deeds to the State of Washington and the terms and conditions thereof:
Recording Dates:
May 26, 1995, and June 20, 1995
Recording Nos.:
9505261211 and 9506201489
Regarding:
To reconstruct and maintain road approaches
Payback Agreement and the terms and conditions thereof:
Executed by:
City of Auburn; JPS Holdings LLC
Recording Date:
September 19, 2007
Recording No.:
20070919002386
Subdivision Guarantee /Certificate Printed: 12.31.13 @ 09:07AM
Page 4 of 7 WA- CT -FNSE- 02150.622476- SPS -1 -13- 0006598 -06
CHICAGO TITLE INSURANCE COMPANY GUARANTEE /CERTIFICATE NO. 0006598 -06
SCHEDULE B
(continued)
7. King County Form - Seller's Notice of On -Site Sewage System Operation and Maintenance Requirements, and the
terms and conditions thereof:
0
10.
11
Recording Date: March 11, 2003
Recording No.: 20030311001214
Development Agreement and the terms and conditions thereof:
Recording Date: April 6, 2004
Recording No.: 20040406000596
Any rights, interests or claims which may exist or arise by reason of the following matters disclosed by a Survey
(Boundary Line Adjustment) recorded under recording no. 20110113900001:
Shed is 0.3 feet North of North line of Parcel B;
Fence lines between Parcel A and B may not conform to boundary lines;
Fence along the Southerly lines of Parcel A and B does not conform.
General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half
delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year:
Tax Account No.:
Levy Code:
Assessed Value -Land:
Assessed Value- Improvements:
General and Special Taxes:
2013
092105- 9158 -02
0135
$182,800.00
$146,000.00
Billed: $5,341.97
Paid: $5,341.97
Unpaid: $0.00
A Deed of Trust to secure an indebtedness in the amount shown below,
Amount:
$29,000.00
Dated:
April 13, 1995
Trustor /Grantor:
Alan W. Bolles and Sally S. Bolles, his wife
Trustee:
DWTR & J Corp.
Beneficiary:
Merrill Lynch Bank & Trust Co.
Recording Date:
April 18, 1995
Recording No.:
9504180651
Affects:
Portion of Said Premises and other property
Subdivision Guarantee /Certificate Printed: 12.31.13 @ 09:07AM
Page 5 of 7 WA- CT- FNSE - 02150.622476- SPS -1 -13- 0006598 -06
CHICAGO TITLE INSURANCE COMPANY GUARANTEE /CERTIFICATE NO. 0006698 -06
SCHEDULE B
(continued)
12. A Deed of Trust to secure an indebtedness in the amount shown below
Amount:
$337,500.00
Dated:
June 3, 2009
Trustor /Grantor:
William Goodwin, an unmarried man
Trustee:
Chicago Title Insurance Company
Beneficiary:
Mortgage Electronic Registration Systems Inc. as nominee for Freedom Mortgage
Corporation
Beneficiary:
Loan No.:
008343573
Recording Date:
September 23, 2009
Recording No.:
20090923000317
Affects:
Portion of Said Premises
Said Deed of Trust is a re- recording of Deed of Trust recorded under recording no. 20090609001958.
13. A Deed of Trust to secure an indebtedness in the amount shown below,
Amount:
$125,000.00
Dated:
October 9, 2013
Trustor /Grantor:
Alan W. Bolles and Sally S. Bolles, Alan W. Bolles Trustee of the Alan and Sally Bolles
Revocable Trust u/a dated 9/27/2000, Sally S. Bolles Trustee of the Alan and Sally Bolles Revocable Trust u/a
dated 9/27/2000
Trustee:
Recontrust Company, N.A.
Beneficiary:
Bank of America, NA
Recording Date:
October 22, 2013
Recording No.:
20131022001172
Affects:
Portion of Said Premises and other property
The Deed of Trust set forth above is purported to be a "Credit Line" Deed of Trust. It is a requirement that the
Trustor /Grantor of said Deed of Trust provide written authorization to close said credit line account to the Lender
when the Deed of Trust is being paid off through the Company or other Settlement/Escrow Agent or provide a
satisfactory subordination of this Deed of Trust to the proposed Deed of Trust to be recorded at closing.
NOTE: The vestee herein did not join in the execution of said Deed of Trust. It appears said instrument
contains an erroneous legal description and is not intended to affect premises herein. Said Deed of Trust
should be corrected and re- recorded.
14. Terms and conditions of the Limited Liability Agreement for Willow Property, LLC, a Washington limited liability
company.
NOTE: According to the Washington State Corporation Division's records dated December 31, 2013, the annual
fees for Willow Property, LLC, a Washington limited liability company, due on September 30, 2011, have not been
paid and the company was rendered inactive on January 3, 2012.
15. Terms and conditions of the Limited Liability Agreement for Willow Properties, LLC, a Washington limited liability
company.
Subdivision Guarantee /Certificate Printed: 12.31.13 @ 09:07AM
Page 6 of 7 WA- CT -FNSE- 02150.622476- SPS -1 -13- 0006598 -06
CHICAGO TITLE INSURANCE COMPANY GUARANTEE /CERTIFICATE NO. 0006598 -06
SCHEDULE B
(continued)
16. Your application was placed by reference to only a street address or tax identification number. Based on
our records, we believe that the legal description in this report covers the parcel(s) of Land that you
requested. If the legal description is incorrect, the seller /borrower must notify the Company and /or the
settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will
appear on any documents to be recorded in connection with this transaction and on any policy of title
insurance.
END OF EXCEPTIONS
NOTES
The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for
loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or
are not matters covered under the insuring provisions of the policy.
Note: Any map furnished with this Guarantee is for convenience in locating the land indicated herein with
reference to streets and other land. No liability is assumed by reason of reliance thereon.
Note: FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the documents to be recorded, per Amended
RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the
body of the document:
Parcel B, C /Auburn BLA #09 -0001, 20110113900001
Tax Account No.: 0.921.0 -5- 91.58 -02
END OF NOTES
END OF SCHEDULE B
Subdivision Guarantee /Certificate Printed: 12,31.13 @ 09:07AM
Page 7 of 7 WA- CT- FNSE - 02150.622476- SPS -1 -13- 0006598 -06
I
CHICAGO TIT O COMPANY
701 FIFTH AVENUE, #2300, SEATTLE, WA 98104
PHONE: (206)628-5600
FAX: (206)628-4725
IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with
reference to streets and other land. No liability is assumed by reason of reliance hereon.
- N� �'-A
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— 1 352.67, WA)
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KC:,LA L9L0166 9805069005
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9�
After Recording Return To:
Robert L. Michaels
Smith Alling Lime, P.S.
1 102 Broadway Pfau, W3
Tacoma, Washington 08402
•
•
200909,16000438.001
1091 000438
PAGT ENOUILOFG002QCQ
63.00
09/15/2009 10,48
KING COUNTY, yA
E2408113
09/15/2009 10:45
KING COUNTY, tip
TAX
SALE s$0.00 PAGE -001 OF em
QUITCLAIM DEED
GRANTORS: WILLIAM GOODWIN, an unmarried man
GRANTEE, WILLOW PROPERTY, LLC, a Washington limited liability company
LEGAL DESC.: N% of N % of S "/: of E % of NE '/, of N E '/, , S9, T21 N, R5E, W.M.
TAX PARCEL #: 092105915E
THE GRANTOR(S), WILLIAM GOODWIN for and in consideration of mere change in
identity conveys and quitelairns to WILLOW PROPERTY, LLC, a Washington limited liability
company, the following described real estate, situated in the County of King, State of Washington,
together with all after acquired title of the grantor(s) therein:
The North half of the North half of the South half of the East half of the Northeast
Quarter of the Northeast Quarter of Section 9, Township 21 North, Range 5 East,
W,M., in King County, Washington.
EXCEPT that portion conveyed to King County for road purposes by deed recorded
under recording no. 2680899;
AND EXCEPT that portion conveyed to the State of Washington by warranty deed
recorded under recording no. 9506201489.
Parcel No. 0921059158
DATED at Tacoma, Washington on the 4th day of September, 2009.
wig%,,.,.,,_
WILLIAM GOODWIN
STATE OF WASHINGTON
: SS.
COUNTY OF PIERCE
20090915000438.002
On this day personally appeared before me WILLIAM GOODWIN, to me known to be the
individual described in and who executed the within and foregoing instrument, and acknowledged
that he signed the same as his free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN undq; my, *d and official seal this 4th day of September, 2009.
07 ARY
Notary Public in and for the State of Washington,
PU13L C
" �'�� '• '
Residing at University Place
zA .,2,,, `4�
*
Print name: Robert L. Michaels
I�VAS���',
My conunission expires: 7/24/12
$.w,,
CHICAGO TITLE COMPANY
QUIT CLAIM DEED 1s50GS5
Dated: SEPTEMBER 28,2012
THE GRANTOR(S)
I ALLEN W. BOLLES AND SALLY BOLLES. TRUSTEES OF THE ALLAN AND SALLY BOLES REVOCABLE TRUST
for and in consideration of
ONE HUNDRED THOUSAND DOLLARS AND 00/100 " " " "' " * " """ ".. "• ° *."
in hand paid, conveys and quit claims to
WILLOW PROPERTIES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY
the following described real estate situated in the County of KING State of Washington,
together with all after acquired title of the grantor(s) herein:
LEGAL DESCRIPTION IS ATTACHED HERETO AND BY REFERENCE MADE APART HEREOF,
E2668228
10/09/2012 14:02
KING COUNTY, UAy g
$ALE $100;000.00 PACE -001 OF 001
NE 1/4 0P NE 1/4, SECTION 9, TWN 21 N, R S E, W.M., KCW
Tax Account Number(s): 092105.915a&9159
/N. �� �
ALL BOLLES SALLY SOLLES
Order: Non -Order Search Doc: KC:2012 20121009001247 Page 1 of 3 Created By: zeke,urmston Printed: 12/30/2013 1:03 :46 PM PST
41
OTITLE INS, CSC
WHEN RECORDED RETURN TO
WILLOW PROPERTIES, LLO
15215 S.E. 272ND ST, #201
KENT, WA 98042
I
20121009001247
11411111 TITLE OCD 74.00
tole
'2012P14 03
KING COUNTY, OA
CHICAGO TITLE COMPANY
QUIT CLAIM DEED 1s50GS5
Dated: SEPTEMBER 28,2012
THE GRANTOR(S)
I ALLEN W. BOLLES AND SALLY BOLLES. TRUSTEES OF THE ALLAN AND SALLY BOLES REVOCABLE TRUST
for and in consideration of
ONE HUNDRED THOUSAND DOLLARS AND 00/100 " " " "' " * " """ ".. "• ° *."
in hand paid, conveys and quit claims to
WILLOW PROPERTIES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY
the following described real estate situated in the County of KING State of Washington,
together with all after acquired title of the grantor(s) herein:
LEGAL DESCRIPTION IS ATTACHED HERETO AND BY REFERENCE MADE APART HEREOF,
E2668228
10/09/2012 14:02
KING COUNTY, UAy g
$ALE $100;000.00 PACE -001 OF 001
NE 1/4 0P NE 1/4, SECTION 9, TWN 21 N, R S E, W.M., KCW
Tax Account Number(s): 092105.915a&9159
/N. �� �
ALL BOLLES SALLY SOLLES
Order: Non -Order Search Doc: KC:2012 20121009001247 Page 1 of 3 Created By: zeke,urmston Printed: 12/30/2013 1:03 :46 PM PST
STATE OF WASHINGTON as COUNTY OF V14
Y RTIFY THA-7�T /I KNOW OR HAVE TISFACTORY EVIDENCE THAT
1SO ��a9lY S r I �( +�J / P� IS TH P PERSON WHO APPEARED
pRE ME, AND SAID PERscjN ACKNOWLEDGED THAT _ SIGNED
THIS INSTRUMENT, ON OATH STATED THAT j�\/ WAB W� lllp_
UTHORIZED TO EXECUTE THE INS �'R/ ENT p C OW EDGEDIT� JA.S
j/Uc LAPS OF CIL� �A)7: TO BE THE
FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES
MENTIONED IN THE INSTRUMENT.
DATE
NOTA IGNA
PRINTED NAME:_
NOTARY PUBLIC AN FO 'HE STAT& OF WASHINGTON
RESIDING AT
MY APPOINTMEN EX IRES �I`tf. �O 31 y 11tole
'01
xpage.Irlm/4- -07
Ll
Order: Non -Order Search Doc: KC:2012 20121009001247 Page 2 of 3 Created By: zeke,urmston Printed: 12/30/2013 1:03:46 PM PST
EXHIBIT `B'
LEGAL DESCRIPTION FOR TRANSFER AREA
THE WESTERLY 264,72 FEET OF THE SOUTH HALF OF THE NORTH HALF OF
T14E SOUTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 2680899;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON
FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER
9505261211,
Order: Non-Order Search Doc: KC:2012 20121009001247 Page 3 of 3 Created By: zeke.urmston Printed: 12/30/2013 1:03:46 PM PST
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CITY OF AUBURN
BOUNDARY LINE ADJUSTMENT
NO. BLA 09-000
DECLARATION
KNOW ALL MEN BY -HESE PRESENTS THAT WE THE UNDER-
SIGNED OWNE2(S) OF TH£ IAND HEREIN DESCPiBED 00 HEREB
MARE A BOUNDARY LINE ADJUSTMENT *HEREOF PURSUANT TO
RCW 56.17.040 AND DECLARE THIS ADJUSTMENT TO BE THE
GRAPHIC REPRESENTATION OF THE SAME, AND THAT SAOD
ADJUSTMENT IS MADE WITH THE FREE CDNSENT AND IN AC-
CORDANCE WITH THE DESIRES OF THE OWNERS) IN WITNESS
YJHEP.EOF WE HAVE SET DUR HANDS AND SEALS.
UJ-9 Y. a, 1bo4.,,..�
WILLIAM M. GODOYRI
ALLAN TY. 8011ES ANO SALLY S 8 LLES MS= OF TIE ALUM ,WO
SALLY BOl1f5 REVOG40LE TRUSF
STATE OF WASHINGTON )
) SS
CWN,Y OF KING )
ON THIS DAY PERSCNALLS' APPEARED BEFORE ME 1 AA�M '.v,�IXt: s, i0 NE
KNO'AN , BE THE �Uj�TF DF At14N AND 281, pact", RF+M ARI
ism THE TRUST DESCRIBED W AND FCREGONG W3IRUMENT, 840 F
ACKNOWLEDGm TITS SAID IN —UMENT TO BE THA FREE AND VOLUNTARY AC
AND DEED Or SAID TRIl FOP THE U4E AND PURPOSES THEREIN
MENTIONED, AND ON OATH THAT HE /SHE WAS MUTT- OR12ED TO F> .TE 1HE
SAID R1I:R,AUMFNT ON BFHALE OF THE TRUST
CIVEN I Y HAND AN Q OFFICIAL BEAL THIS �� ppY OF
f�
NOTARY PUBLIC W AND FOR THE
WL SHApy
OF wASI+rvGTpw. ur CpMNi5510N
!T'= "- kk;•:F '+ ExPIRE$ P'L`C
F Op AR 2
}
�iirq� ?ACV ts.; I�o�`F<
STATE OF WASINGTDN
)ss
QGNNTY DF xwc )
ON THIS DAY PERSONALLY APPEARED BEFORE ME SAI r Y S. AOI_,E t0 ME
KNCW TO BE THE mu., [:: OF 9L.LdN�BND SjpyLY9glFS RFVpsnmc
]HS]Si 151E TRUST DESCRIBED IN AND FOREMNC INSTRUMENT, AND
ACKNCt1LEDGEO THE SAID INSTRUMENT TO BE THE FREE AND vOLUN iARY AC
AND GEED OF SAID TRUST FOR T E USES AND PU2i PDSEE THEREIN
MENTONED, AND ON OAT+ THAT HE/SHE W S ACTH0.32EG TO %ECUTC THE
SAID MSTZUMENT ON EEHALF OE THE TRUST,
GVDJ LIT�D'E"R MY HAND AND OFFICU, SAL THIS DAY OF
UO NGTARY PUBLIC IND FOR THE
SF) -$Hqy OF WASHINGTON, NY CONMISSICN
CTARP ;
uRlRelcltelsiRlcrn'S CERTIFICATE ..........
900001
ECORD -tYAS �__ DAY OF ___20 ..... AT .. M
E_�S
... BOOK f_,�.OF.S_ °_�. AT PA6 AT THE REDDEST OF
WILLIAM SHUPEE HOLYBDLG ZdFP
._...__.._- ....._. •. NAME....
._.......u... �Y ...... f�tJ' ��.I +�'C..LIF,.34)•C6f8SS`..._.
C!Y OF AUBURN APPROVAL
DEPARTMENT OF P, ANNING, BUILDING AND COMMUNITY
APPROVED THIS lit DAY OF �k yA[I�__201L.
Ft ANVIN
ENGINEER �41y1�t��
EXAMINED & APPROVED THiS p� DAY OF �, 2011
OLD LEGAL DESCP.IPTIONS:
PARCEL R (AS PM!$ CIZOS -MM)
THE NORTII HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF
OF TPE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTOR 9.
TOW HIP 2T NORTH. RANGE 5 EAST AM., M KING COUNTY, WASHINGTGN;
E CEPT THAT Pp ITON GGNVE 10 c,NG CRJNtt FOR ROAD PURPOSES BY DEED
RECGROED UNDEP RECORDING -NEER 2580899;
AND EXDEPT THAT PCRTON CONVEYED TO -HE STATE OF WASHINGTON FOR ROAD
PURPOSES BY DEED RECOPDED UNDER RECORDING YONDER 950620,x89.
PARCEL AO (TAX PARfE_ 0=05 -916@)
THE SO F" HALF OF ,YE NORTH HALF Or THE SOUTH HALF I THE EAST HALF
OF THE NORTHEAST QUC ER OF THE gO1,EA1 WARTED OF SECTION 9.
[CW.NSIIP 2, NORTH. RAVGE 5 EAST. W.M., N ICNG CGUNtt, WASHINGTON;
IXCEPi THAT PpRTON CONK_'tED TO MG COUNTY FOR ROAD PURPOSES BY DEED
RECORDED UNDER RECORDING WNBER 21180894
AND EXCEPT THAT PORTDN Ca eYEC TO THE BTA � OF WA9HNGTON BY DEED
RECORDED 1ZR RECORD NUMBER 95G52o,211
E%CEPnONC ON nTLE
t. SUBJECT 'D AN EASEMENT TO THE STAI OF WASHNGTON UNDEF RED.
NO. 450620, <89 AND 95052612„
2 SUBJECT TO ."CE DF ON STE OF SWAGE 8 TEM UNDER PEC NO
zoD3D3r oc,a<
3 SUB,ECT TO DE' 10PNF}l: AGREEMENT M,N .�Y OF AUBURN UNDER
REC. ND 2p0<0<. E000536
4. BLIB:ECT b COAL AND NINE"i.AL RIGHTS UNDER REC. NO. 2353320
S. SLIB.ECT IFRMS AND CONDITONS FOR TAP CHANGFB FOR WATER
SERVICE UNDER NEC. NC. 2DO7.19O02386.
STATE OF WASHING700 )
N89'59'55 "E
SS
3
SO I 'f X4' CONCRETE
MONUMENT RT7H 3/8-
COUNT•• OF KING )
9
I G_RTFY THAT 101OW OR HAW_ BATEFAp—
E,AO CE ]PAT
,YI IIAM M L -900WU SIGNED HMS OECI,PRATON AND ACIMONLEDGEO IT TO
BE HIS FREE AND VOLUNTARY ACT FOR THE USES ANO PURPOSES MEXTC EO
IN i1+E INSTRUNENT
(LAST WS17ED 7195)
GYM UNDER NY VTT(Y4
�/ ' "
SEA�L,(Ti15 fig_ Al OOff�.
�AM1D
u`l.T�
TJ,C,ytS)T !'T �D F4 OR THE
J ; -. M g- Y.� >j
C.' AS4W�TON. NY CCMMISSON
EXPIRES
N
FOUND NON +JMENT
(Z CASE
LANE) SURVEYOR'S CERTIFICATE
TWS 9"DARY LINE ADJUSTMENT CORRECTLY REPRE-
SF7NS A SUR%EY BADE BY ME OR UNDER MY DpECTDN IN
CONFORMANCE W11-4 S7ATE AND CITY STATUTE.
IN _.X.C_..... 20.n$. _
CERTIFICATE NO.
KING COUNTY RECOR HNC No.
DEPAP•TMEN7 OF ASSESSMENTS _t t(
APPROVED THIS 13 �_ DAY OF 5[/ LL9 V 20011.
KING C�TY ASSESSOR DEPUTY KING COTINTY ASSESSOR
VOL /PAGE
-Z -7 -7 /a Os
PORTION OF
N =1/4 of "E 1/4, S 9 T 2i N., ply XfL
NE14 LEGAL DESCRiPTIOPTS:
PARCEL 9:
THE VMR, P;.UF OF THE NORT,. HALF OF THE SOUTH HALF OF THE EAS
HALF OF THE NORTHEAST QUAPTER OF THE NOPTHEAST WARTED CF
SECRGN 9, iC,MdSTIP 21 NORTH. LANCE 5 EMS'- 'l41, IN KING COUNTY.
wASHING;ON;
TOCET ER „STH TIE N SSERLY 26872 FEET OF THE SOUTH HALF Oi THE
NCPT' HALF OF TTE SOUP+ HALF OF THE EAST HALF OF THE NORTHEAST
WARTER OF THE NOF71HFAF1 QUAD e'R. OF SECTON 9, TOWNSwP 2i
NORTH. RANGF 5 FAST. AM_ IN KING C^.UNTY, WASHINGTON;
EXCEPT THAT PORTION CO•VFYEO TO KING GDUN" FOR ROAD PURPOSES
BY GEm RECORDED UNDER RECORDING NUMBER 2680899:
AND EXCEPT THAT PORTION WNVEY_D TG THE STATE CE AA NGTON
FOR ROAD PURPOSES BY GEEG RECORDED UNDER RECGRDWG NUMBER
951620,<89.
PAM®_ K.
THE SOOT! HALF OF THE NORTH HALF OF THE SOOT+ HALF OF — EAST
HALF OF Y.E NORTHEAST WALTER OF THE NORTHEAST WARIER GF
SECTION 9, TO-SHIP 21 NORTH, RANGE 5 EAST, W.M., IN v_G CWNtt,
WASHINGTON:
E %GEPT THAT 'ORTON CONVEY] TO KING COUNTY FOR RDAD PU.R.P'DSES
BY OEEO RECORDED UNDER RECORDING NUMBER 2580893
AND !: CEPT THAT ON CoN Yr. TO THE STA,T_ OF AA HNGTON BY
DEED P`C,DEG UNDER REOORD G NUMBER 95052612T1.
HNC EXCEPT THE WESTPIY 21112 FEET THEREOF
tNSTRUrMENTAnoN
[NSTRUHEN- USW: 5 SECOND TOTAL STATOR.
FIELD SURVEY WAS BY CLOSED TRAVE SE LOOPS, PAININUN CLDS,RE OF
LOOPS WAS 1:22000, IN ACCORDANCE WT rti -C 332 - 130 -M
THIS S ,_ COMPLIES WTF ALL THE STANDARDS AND CAl10EUNES OF TMIE
SUAVE" RECORDING ACT- 04NFI R 58.09 ROW AND WAC 332 -13D
4
FOUND 4'1'4 - CL?NCR= E J
MONUMENT WIN 3/8'
N89'59'55 "E
2639.19'
1319.59'
3
SO I 'f X4' CONCRETE
MONUMENT RT7H 3/8-
FOUND 3" BRASS
9
/
PUNCH,IN CASE Imo')
i2 n
ct
SITE ft
BRASS PIN KITH PUNCH
m IN CASE (LAST WS17ArD 7195)
(LAST WS17ED 7195)
-06
MS C5
+'
O
N
FOUND NON +JMENT
(Z CASE
z
z
N00'48'S1 "W
3
m
3
NE < SECTION 9, T PIN, R 5 E, W,M.,
N89'ST24 "£
;nl
SECTION SUBDIVISION N
1318.52'
rN,
N89'5'47 °£Z
26333.19
a 9 A
N89-54'53 "E 2634.90' LD FOND TE AfC
CONCRETE M
FOUND 3" BRASS
ems'
FOUND AND HELD LEAD AND TAD( N1TH 3/8- BRA55 PIN
IN CONCRETE 1N (UST Vi.S/TED 4/95)
DISC fN CO C TE
i7
CASE _"
(LAST K9TID 4195) L
(LAST, WMTED 4195)
p uB
N
FOUND NON +JMENT
(Z CASE
z
OAST USITED 4195)
NE < SECTION 9, T PIN, R 5 E, W,M.,
15
SECTION SUBDIVISION N
Baima & Holmberg Inc.
ENG TXEB Ft SDR YEYO ES
IDD FROhT STRE67 BOOTH
_-QC_ ,FASHING'roN 4802]
(425) 392 -0250 FAX (4 25) 39I -3055
WILLOW PLACE
DMN. BY I DATE .10B NO. 45-055
12/13/07 45 -055M
CHKD. BY ISCALE I SHEET
a
�, G, 9DDGH.00, Ln
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CITY OF AUBURN
PECOrDING N
'PACE
BOUNDARY LINE ADJUSTMENT
N
NO.BLA 09-000',
LEGFND
SCALE: imm- 4072 ----L
S FOUID m0M N Case
PORTION OF
NE 1/4 of EE 1/4. s.--L- T--L-m. R-LEwx
1110a t can Ll 11312 N-E- CORNER
cm
0-3'N OF
-he
01
PROF LINE
S.E. 306TH CT.
N.
N89'53407 LINEjOF S 1/2 OF NE 1/4 OF ME 1/4 SEC 9-21-5 52'
7.36' cn inn
L-,
In
�O' CONVEYED
KING BOUNTY
REC. NO. 2680849
ru
F
24*F,
PARCELB
NEW AREA
> TANK
45.829 Sq Ft _
2'
L
OLD ARFA
SCALE 1 4o, • 01,966 �ft. + 4.00'
o
0
k 211
I =o
cu
>
7
CONVEYED TO
THE STATE F
z
m
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a-
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N 89,53:21, 35272t"
E I —4"
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OLD PROPERTY LINE
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NEW LOT LINE
<
PARCEL
TEMPORAR Y �LLS.I�EIIJTNLII
15• SANITARY REC. NO NEW AREA CONVEYED TO THE
C�,
SEWER EASEMENT 58,�24 Sq Ft STATE OF WASHINGTON
4�, REC. NO 9505251211
REC. NO. aqu
---
OLD AREA
- - - - -- --------- - - - - -- 1 M.211. .,-11 t
30•
0.1 "
264.74' 0 '0' 049-1
8918'112- E LINE 172 OF S 1/2 OF ME OF F 1/4 SEC. 9-21-� 81739' L 0 46'
42'
u
11/1
Z:
0
-T P
So ir
IV
LO
Baima & Holmberg Inc.
WILLOW PLACE
or
OWN. By DATE JOS NO
s1'9.E81' sours
WAQZAR �MF ".1
12J13/07
45-055BLA
0
0250
CHKD- BY
SCALE
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2 W 2
L:
Dle-50\.5 3/5/2009 1135-2 2-20--OB
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0 0
20110113000835.001
I
WILLOW PLACE L EAS 138.00
FAG& -001 OF 007
03/13/2011 12:41
KING COUNTY, WA
AFTER RECORDING RETURN TO:
13aima & Holmberg Inc.
100 Front St South
Issaquah, WA 98027
Grantor: Alan and Sally Bolles
Grantee; William M. Goodwin
Grantor's Abbreviated Legal Description: Additional Legal on Exhibit B
Grantee's Abbreviated Legal Description: Additional Legal on Exhibit A
Assessor's Tax Parcel ID Numbers;
Reference Number(s):
092105 - 9159,092105 -9158
N/A
EASEMENT FOR SANITARY SEWER.
THIS AGREEMENT made this STI-1�day of Qw� 4a G! , 2009, by and
Between Willow Place LLC ( "Grantee ") and Alan and Sally Bolles Revocable Trust ( "Grantor ")
WHEREAS, Grantor is the owner of property commonly know as Tax Parcel 092405 -9159 ( "Grantor's
Property ") legally described as set forth on Exhibit B,
WHEREAS, Grantee is the owner of property commonly know as Tax Parcel 092405 -9158 ( "Grantee's
Property") legally described as set forth on Exhibit A, and WHEREAS Grantor is in the process of doing a
Boundary Line Adjustment and requires an Easement for a Sanitary Sewer Line and appurtenances to serve the
retained property.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), and other good and valuable
consideration in hand paid, receipt of which is hereby acknowledged, and in consideration of the performance by
Grantee of the covenants, terms and conditions hereinafter set forth, Grantor hereby grants, conveys and quitclaims
to the Grantee an easement over, under and across the Property described and depicted on Exhibits C and D as
follows. F Xc I,SE I �„ >( NOT REQUIRED
King CO. Records DIVISIoonn
BY 10PutY
Order; 6598.06 Doc: KC ;2011 20110113000835 Page 1 of 7 Created By: sholstine Printed; 12/30/2013 4:24:26 PM PST
20110113000835.002
I. GRANTEE'S USE OF EASEMENT Said Easement is for the purpose of installing, constructing,
operating, inspecting, maintaining, removing, repairing, replacing and using gravity sanitary scwcr mains and
appurtenances thereto (the "Facilities "), together with the nonexclusive right of ingress to and egress from said
portion of Grantor's property for the foregoing purposes.
2. USE OF PROPERTY BY GRANTOR Grantor shall retain the right to use the surface of the casement
if such use does not interfere with installation or maintenance of the facilities Grantor shall not erect buildings or
structures of a permanent nature, shall not install any other improvements including trees, large shrubbery, or fences,
and shall not change surface grades, except as approved in advance by the Grantor, in any manner which would
unreasonably interfere with ingress, egress and access by the Grantor for installation and /or normal maintenance of
the Facilities.
3. RESTORATION AFTER ORIGINAL CONSTRUCTION For original construction, Grantor's
property will be restored to a condition as good as or better than it was prior to the entry by the Grantee. Where
possible, photographs will be taken prior to construction to assure the completeness of restoration. Final restoration
shall include, as appropriate, sod replacement in existing lawns, hydroseeding in unimproved areas, and replanting
or replacement of existing shrubs and bushes, where such will not unreasonably interfere with the Grantee's use of
the Easement, Fences, rockeries, and concrete, asphalt and/or gravel driveways which do not unreasonably interfere
with the Grantee's use of the easement will be repaired or replaced, Large trees that exist within the easement area
may be permanently removed during original construction unless otherwise noted in this Easement.
4. RESTORATION AFTER, MAINTENANCE If Grantor's property is disturbed by the maintence,
removal, repair, of replacement of the facilities, Grantor shall restore the easement area to a condition as good as or
better than it was prior to entry for such purpose by the Grantor.
5. ATTORNEY'S FEES In case suitor action is commenced by either parry, or their successors and/or
assigns, to enforce any right under this Easement, or regarding an encroachment on the Easement, in addition to cost
provided by statute, the substantially prevailing party shall be entitled to an award of attorney's fee in such sum as
the Court may adjudge and reasonable,
6. EASEMENT TO BIND SUCCESSORS This Easement is permanent and shall terminate only upon
agreement of the parties hereto, their successors and/or assigns, specifically the City of Auburn. This Easement,
during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs and
assigns of the parties hereto.
Order: 6598 -06 Doc: KC:2011 20110113000835 Page 2 of 7 Created By: sholstine Printed; 12/30/2013 4:24:26 PM PST
IN WITNESS WHEREOF, we have set our hands and seals this day of I C64 IX 2009
AaW 0"V $.Mel cam
-Mian and Sally 9ewiea-
Revocable TrMT -N
X1.1 � •�� --°` —.
William M. Goodwin
1a1r& ally2owks
47�) tin l `�f
STATE OF WAS14INGTON )
COUNTY OF KING )ss ) A
On this day personally appeared before me-A4Wn and Sally gowlm, to me known to be the Trustees of
Allan and Sally 8 evocable Trust, The trust described in and foregoing instrument, and
e sas
acknowledged th instrument to be the free and voluntary act and deed of said Trust for the uses and
purposes therein mentioned and on oath that he /she was authorized to execute the said instrument on behalf
of the trust. 6V f
Given under my hand and official seal this %1 1 (lay of t G IQ i 2009.
LIC in and for the State of
Commission expires:
INN%�l111111►1
VIP
U5 a Z
/0
OF
mg at:
20110113000835.003
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0 0
20110113000835.004
STATE OF WASHINGTON )
• ) S. S.
COUNTY OF S V- )
On this day personally appeared before me William Goodwin to me known to be the owner and which executed the
within and foregoing instrument, and acknowledged that he signed the same as his capacity as owner as the free and
voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and ofial seal this �� y e ►-vt 9.
:'c
A PUBLIC 1 d for the State of Washington, residing at:
My Commission expires:
go
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171
E
20110113000835.005
Exbibit A
Grantee's Property
Tax Parcel # 092105-9158
THE NORTH.HALF OF THE NORTH HALF OF THE SOUTH HALF' OF THE EAST
HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 2680899;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON
FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER
9506201489,
Order: 6598-06 Doc: KC:2011 20110,113000835 Page 5 of 7 Created By: sholstine Printed: 12/30/2013 4:24:26 PM PST
E
Exhibit B
Grantor's Property
Tax Parcel # 092105-9159
E
20110113000835,006
THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF
OF TI-16 NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY
DEED RECORDING UNDER RECORDING NUMBER 2680899;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY
DEED RECORDED UNDER RECORDING NUMBER 9505261211.
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0 0
20110113000835,007
Exhibit C
Legal Description of Easement
THE SOUTH 15 FEET OF THE WEST 264.72 FEET OF THE SOUTH HALF OF THE
NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH,
RANGE 5 EAST, W.M,, IN KING COUNTY, WASHINGTON.
BLA 09-0001
Order: 6598-06 Doc: KC:2011 2011011.3000835 Page 7 of 7 Created By: sholstine Printed: 12/30/2013 4:24:26 PM PST
20110113000836.001
l
WILLOW PLACE L EAS 613.0
PACE -001 OF 007
01/13/2011 12;41
KING COUNTY, WA
AFTER RECORDING RETURN TO:
Baima & Holmberg Inc.
100 Front St South
Issaquah, WA 98027
Grantor: Alan and Sally Bolles Revocable Trust
Grantee: William M. Goodwin
Grantor's Abbreviated Legal Description: Additional Legal on Exhibit B
Grantee's Abbreviated Legal Description: Additional Legal on Exhibit A
Assessor's Tax Parcel ID Numbers: 092105 -9159, 092105 -9158
Reference Number(s): N/A
TEMPORARY EASEMENT FOR FENCE
THIS AGREEMENT made this _ , T%, day of to rp _, vt (o • z" , 2009, by and
Between Willow Place LLC ("Grantee") and Alan and Sally Bolles Revocable Trust ( "Grantor ")
WHEREAS, Grantor is the owner of'property commonly know as Tax Parcel 092405 -9159
("Grantor's Property ") legally described as set forth on Exhibit B,
WHEREAS, Grantee is the owner of property commonly know as Tax Parcel 092405 -9158
( "Grantee's Property") legally described as set forth on Exhibit A, and WHEREAS Grantor and Grantee
are in the process of doing a Boundary Line Adjustment and require a Temporary Easement allowing a
fence line to remain,
NOW, THEREFORE, in consideration of the sum of One dollar ($ 1.00), and other good and
valuable consideration in hand paid, receipt of which is hereby acknowledged, and in consideration of the
performance by Grantee of the covenants, terms and conditions hereinafter set forth, Grantor hereby grants,
conveys and quitclaims a temporary easement over, under and across the Property described and depicted
on Exhibits C and D as follows. EXCISE TAX NOT REQUIRED
King Co. Records Division
Order: 6598 -06 Doc: KC;2011 20110113000836 Page 1 of 7 Created 8y: sholstine Printed: 12/30/2013 4:24:28 PM PST
. I
1. GRANTEE'S USE OF EASEMENT Said Easement is for the purpose of allowing an
existing fence line to remain on property that will be owned by Grantee after approval of a Boundary Line
Adjustment.
2. USE OF PROPERTY BY GRANTOR Grantor shall retain the right to use the surface of the
temporary easement, Grantor shall not erect buildings or structures of a permanent nature, shall not install
any other improvements including trees, large shrubbery, or fences, and shall not change surface grades,
except as approved in advance by the Grantor, in any manner which would unreasonably interfere with
future development of the property by Grantee.
3. EASEMENT TO BIND SUCCESSORS This Easement is temporary and shall terminate
upon agreement of the parties hereto, their successors and/or assigns. This Easement, during its existence,
shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the
parties hereto.
20110113000836.002
Order: 6598 -06 Doc: KC:2011 20110113000836 Page 2 of 7 Created By, sholstine Printed: 12/30/2013 4:24:28 PM PST
IN WITNESS WHEREOF, we have set our hands and seals this C=day of lie C'-'m b0009
Allan and Sally Bowles
Revocable T st
A•Ikm Sally 13wMrs"
. Mt
William Goodwin
20110113000836.003
STATE OF WASHINGTON )
)ss
COUNTY OF KING
AtobJ
On this day personally appeared before me Allan and Sally43vwtes, to me known to be the Trustees ofMtmand
Sally vocable Trust, The trust described in and foregoing instrument, and acknowledged the said
instrume � e the free and voluntary act and deed of said Trust for the uses and p rposes therein mentioned and
on oath that he /she was authorized to execute the said instrument on behalf of the fj . s+
Given under my hand and official seal this day of ! `e+m MY , 2009,
NOt AY PUBLW in and for the State of Washington, residing at;
My Commission expires; I Z • n—
loft
dr ;Z'i
W �Urv�A%
hwso-
OF
Order: 6598 -06 Doc; KC:2011 20110113000836 Page 3 of 7 Created By: sholstine Printed: 12/30/2013 4:24;28 PM PST
0 0
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this day personally appeared before me William Goodwin to me known to be the owner and which
executed the within and foregoing instrument, and acknowledged that he signed the same as his capacity as
owner as the free and voluntary act and deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this I 01'%� day of QeCf V1v%,- Oe ' j 2009.
BLIC in and for the State of
Commission
Z :; u O
Otis
OF 44
residing at:
20110113000836.004
Order: 6598 -06 Doc: KC:2011 20110113000836 Page 4 of 7 Created By: sholstine Printed: 12/30/2013 4:24:28 PM PST
11
E
20110113000836.005
Exhibit A
Grantee's Property
Tax Parcel # 092105-9158
THE NORTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST
HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W,M., IN KING COUNTY,
WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 2680899;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON
FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER
9506201489.
Order: 6598-06 Doc: KC;2011 20110113000836 Page 5 of 7 Created By: sholstine Printed: 12/30/2013 4:24:28 PM PST
11
E
20110113000836.006
Exhibit B
Grantor's Property
Tax Parcel # 092105-9159
THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST
HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDING UNDER RECORDING NUMBER 2680899;
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON
BY DEED RECORDED UNDER RECORDING NUMBER 9505261211.
Order: 6598-06 Doc: KC:2011 20110113000836 Page 6 of 7 Created By: sholstine Printed: 12/30/2013 4:24:28 PM PST
20110113000836.007
Exhibit C
Legal Description of Temporary Easement
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE
NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON.
AND PROCEEDING ALONG THE SOUTH LINE OF SAID SUBDIVISION NORTH
89 058'02" EAST 242.40 FEET TO AN EXISTING FENCE AND THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH
89 058'02" EAST 22.34 FEET; THENCE NORTH 0°48'5I" WEST 165.69 FEET;
THENCE ALONG AN EXISTING FENCE SOUTH 6 052'45" WEST 166.88 FEET
MORE OR LESS TO THE TRUE POINT OF BEGINNING.
Order: 6598 -06 Doc: KC:2011 20110113000836 Page 7 of 7 Created By: sholstine Printed: 12/30/2013 4:24:28 PM PST
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State Route 18, S.E. 304th Street Interchange Vicinity m
N
The (5rantors, ALAN W, BOLLES and SALLY S. BOLLES, husband and wife, for and in
consideration of the sum of TEN AND NO 1100 ($10.00) :DOLLARS, and other valuable o
consideration, hereby convey and warrant to the STATE OF WASMINGTON, the following
described real estate, situated in FJng County, in the State of Washington, to the same extent and
purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the
State of Washington:
See Exhibit A attached hereto and made a part hereof.
V) It is understood and agreed that delivery of this deed is hereby tendered and that the terms
7) and obligations hereof shall not b. :come binding upon the State or Washington unless and until
accepted and approved hereon in writing for the State of Washington, Department of
Transportation, by the Director of Real Estate Services,
Dated: /(ii �L J 1995
t Accepted and Approved;
STATE OF WASHINGTON
Department of Transp lion
8 oachim Postinger, SRIWA / Bolles _
Director, Real Estate Services
Date: S / �� Sallyy ollo%�
Please return to:
a STATE OF WASHINGTON
g Oeparimant of Transportation
REAL ESTATE SERVICES OFFICE
Transportation Buildiag
P. 0. Box 4 7338
Olympia, Washington 98504.7338
a
F. A. No. F -018 ( )
DOT 262 -011 (wd) (10/26144) Pago 101`3 pages Pared No, 1 -15139
Order: 6598 -06 Doc: KC:1995 9505251211 Page 1 of 3
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WARRANTY DEED
STATE OF WASHINGTON )
ss.
County of King )
On this _L_ day 1995, before me personally appeared Alan W,
Bolles and Sally S. Bolles, to mew olt to be the individuals described in and who executed the
foregoing instrument, and acknowledged that they signed the same as their free and voluntary act
and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
QYo4 g 3MQP
n/nvt
j 0 Y A q Notary Public in and for the State
Y i of Washington, residing at �/. <, ✓r 2vc /
�ti n t I C i My Appointment expires k /i f/s _.
F. A. No. p -018 ( )
DOT 262 -011 (wd) (10/26/94) Page 2 of 3 pages parcel No. 1.15139
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Order: 6598 -06 Doc: KC:1995 9505261211 Page 2 of 3 Created By: sholstine Printed; 12/30/2013 4:24:08 PM PST
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EXHMIT A
All that portion of the hereinafter described PARCEL "A" lying easterly of a line beginning at a
point opposite Highway Engineers Station (hcrcinafler referred to as M) C 137 +75u: on the C
Line survey of SR 18, S.E. 304th Street Interchange Vicinity, and 30 feet easterly theref om;
thence westerly to a point opposite HES C 137 +763: on said C Line survey and 30 feet westerly
therefrom; thence continuing westerly to a point opposite said HES C 137 +763: and 42 feet
westerly therefrom; thence northerly parallel with said C Line survey to a point opposite RES C
143 +50 thereon and the end of this line description.
PARCEL "A"
The south half of the north half of the south half of the east half of the northeast quarter of the
northeast quarter of Section 9, Township 21 North, Range 5 East W.M„ in King County,
Washington; EXCEPT that portion conveyed to King County for road purposes by deed recorded
under Recording Number 2680899.
it is understood and agreed that the State of Washington will reconstruct the existing road
approach on the westerly side of said Highway at or near Highway Engineer's Station C 142 +45,
which APPROACH shall be maintained between the right of way line and the shoulder line of said
Highway by the Grantors, their heirs, successors or assigns.
The Grantors herein further grant to the State of Washington, or its agents, the right to enter
upon the Grantors' remaining lands where necessary to reconstruct said road approach,
The lands herein described contain an area of 1,988 square feet, more or less, the specifio details
concerning all of which are to be found in that certain map of definite location now of record on
file in the office of the Secretary of Transportation at Olympia, and bearing date of approval
December 16, 1994.
!�1r 1��11t1h71
J3
Date,
F. A. No. F-018 ( )
DOT262- 011(Wd)(10126M) Page 3of3pages Parcel No.1 -15139
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Order: 6598 -06 Doc: KC:1995 9505261211 Page 3 of 3 Created By: sholstine Printed; 12/30/2013 4:24:08 PM PST
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WARRANTY DEED «!
State Route I$, S.E. 304th Street Interchange Vicinity
The Grantors, NEIL A. VIEN and VERQNIKA M. VIEN, husband and wife, for and in
consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable
consideration, hereby convey and warrant to the STATE OF WASHINGTON, the following
described real estate, situated in King County, in the State of Washington, to the same extent and
purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the
State of Washington:
See Exhibit A attached hereto and made a part hereof.
It is understood and agreed that delivery of this deed is hereby tendered and that the terms
and obligations hereof shall not become binding upon the State of Washington unless and until
accepted and approved hereon in writing for the State of Washington, Department of
Transportation, by the Director of Real Estato Services,
Accepted and Approved:
STATE OF WASHINGTON
Department ofTrans�° tjton
ay: ., 4, .� T
Joachim Pestinger, SRIWA
Director, Real Estate Services
Date; 4e Al I--- _
DOT 262.011 (wd)(IOn6/94) Page t of pages
Dated: 1995
NEIL A. VIEN
%.,. 4.�
VERONIKA M. VIEN
F. A. No. F-018( )
Parcel No. 1 -15117
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Order: 6598 -06 Doc: KC:1995 9506201489 Page 1 of 3 Created By: sholstine Printed: 12/30/2013 4:24:09 PM PST
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WARRANTY DEED
STATE OF WASHINGTON )
ss.
County of King j
On this // v 4l, day of MA � 1995, before me personally appeared Neil A.
Men and Veronika Vien, aka Veroi&a M. Wien, to me known to be the individuals described in
and who executed the foregoing instrument, and acknowledged that they signed the same as their
free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
av tt L . Po%.rY
Notary Public in and for the tate
of Washington, residing at S
My Appointment expires t
Page 2 of pages
Order: 6598 -06 Doc: KC:1995 9506201489 Page 2 of 3 Created By: sholstine Printed: 12/30/2013 4:24:09 PM PST
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''WARRANTY DEED
17 EXMUIT A
All that portion of the hereinafter described PARCEL "A" lying easterly of it line beginning at a
point opposite highway Engineer's Station (hereinafter referred to as hES) C 142 +45 on the C
Line survey of SR 18, S.E. 304th Street Interchange Vicinity, and 42 feet westerly therefrom;
thence northerly pandlel with said C Line survey to a point opposite TIES C 143 +50 thereon;
thence westerly to a point opposite said hES C 143 +50 and 46 feet westerly therefrom; thence
northerly parallel with said C Line survey to a point opposite HES C 144 +68.63 P.C. thereon and
the end of this line description,
I
PARCEL "A"
1 The north half of the north half of the south half of the east half of the northeast quarter of the
northeast quarter of Section 9, 'Township 21 North, Range 5 East, W.M., in .King County,.
Washington;
EXCEPT that portion conveyed to Icing County for road purposes by Deed recorded under".
Recording Number 2680899.
The lands herein described contain an area of 2,343 square feet, more or less, the specific details
concerning all of which are to be found in that certain map of defirtite location now of record and
rct on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval
,M December 16, 1994, revised March 17, 1995, with revision pending to delineate this transaction.
0
0 It is understood and agreed that the State of Washington will reconstruct the existing road
0 approaches on the westerly side of said highway at or near highway Engincer's Stations C
142+99 and C 143 +89, which APPROACHES shall be maintained between the right of way line
and the shoulder line of said highway by the Grantors, their heirs, successors or assigns.
The Grantors herein ftrether grant to the State of Washington, or its agents, the right to enter
upon the Grantors' remaining lands where necessary to reconstruct said road approaches.
Reviewed: r�
Date:
F. A. No. F -018( )
DOT 262 -01 t (wd) (10126M) Page 3 of 3 pages Parcel No, 1 -15117
Order: 6598-06 Doc: KC:1995 9506201489 Page 3 of 3 Created By: sholstine Printed: 12/30/2013 4:24:09 PM PST
Return Address:
City of Auburn
City Cleric
25 West Main
Auburn, WA 98001
0
20070919002386.001
Above this line reserved for recording information.
PAYBACK AGREEMENT #103
DEVELOPER'S EXTENSION
V
Reference # (if applicable):
Grantor : City of Auburn
Grantee : JPS Holdings LLC
Legal Description / STR; NE 092105; NW 102105 SE 042105; SW 032105
Assessor's Tax Parcel lD #: See Exhibit A
This Agreement made and entered into this _ _ day of ,
2007, by and between the City of Auburn, a municipal corporation of King County,
Washington, hereinafter called the CITY and JPS Holdings LLC,18124 Riveria Place
SW, Seattle WA 98116, hereinafter referred to as DEVELOPER.
WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution
No. V,,3Z adopted by the City Council of the CITY on the day of
2007, approved the execution of this Payback Agreement with the
D ELOPER above and referring to facilities described herein; and
WHEREAS, the above - described DEVELOPER. has offered and the CITY has agreed to
accept a bill of sale, as part of the utility systems of the CITY; Laiddas 6r4(s)wens %Wbr
roaW by Pac+fle Northwest °Ift 60
PAYBACK AGREEMENT 11103 siWn miy- lt two notbeen
DEVELOPEIR'S EXTENSION uarnlnod as to proper exer0nn or
PAGE. I OF 8 80 t0 Its affect
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0 20070919002386.002
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS:
1, DEVELOPER
The real property described is also known as the Plat of Marchini Meadows, King
County, Washington.
II. FACILITIES
The facilities which have been constiveted by the DEVELOPER are a 1,800 gpm
booster skid package at the Lea Hill Intertie Purrip Station processed as Developer
.Public Facility Extension, Extension herein referenced as FAC04 -0006, originals
on file at the office of the City Engineer. The facilities have been constructed in
accordance with the ordinances and requirements of the CITY governing the
construction specifications for facilities of such type, and have been approved by
the City Engineer.
111:. AREA OF FACILITY SERVICE BENEFIT
The properties benefited by the facilities constructed by the DEVELOPER are
shown on Exhibits A, which are by this reference incorporated herein as if fully
set forth herein. Any owner of real estate legally described within the benefit
boundary as shown on the attached Exhibit A, shall pay as a condition for
connecting to the facilities, an amount as identified in Section V. All property
within the benefit boundary shall be subject to the connection fee as provided in
this agreement as a condition of issuance of the connection permit by the CITY.
IV. TERMS
For a period of 15 years from the elate that the City formally accepts the
developer's utility extension, any owner (latecomer) of real estate legally
described in Section III, and which owner has not fully contributed their pro rata
share to the original cost of the above- described facility, shall pay to the CITY the
amounts shown in Exhibit A attached hereto. The charge herein represents the fair
pro rata share of the cost of construction of said facilities payable by properties
benefited, Such properties are shown in Exhibits A. Payment of the latecomers
pro rata share is a condition of issuance of the connection permit by the CITY.
PAYBACK AGREEMENT P 103
DEVELOPER'S EXTENSION
PAGE 2 OF 8
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20070919002386.003
The CITY shall reimburse the DEVELOPER at six (6) month intervals any such
amounts collected.
Upon the expiration of the 15 -year term any moneys collected by the CITY will
not be reimbursed to the DEVELOPER.
V. AMOUNT OF REIMBURSEMENT
The DEVELOPER, his successors, heirs and assigns, agrees that the amounts
which the DEVELOPER is reimbursed from the property owners as specified in
Section III of this Agreement, represents a fair pro rata share reimbursement for
the DEVELOPER'S construction of the facilities described in Section II of this
.Agreement. The amounts per parcel are separately itemized as shown in Exhibit
B attached hereto, and totaling to not more than $205,075.16 in full amount.
Prior to recordation by the DEVELOPER as described in Section X, the CITY,
shall mail to the property owners, as reflected in the records of the Ding County
Assessors Office, as specified in Section III, notification of the allocation of costs
to be levied against the properties which are payable prior to connection to the
systems. The property owner shall have the right to a review of the costs with the
Director of Public Works within 21 days frorn the date of said notice for the
purpose of requesting an adjustment in the allocation of the charge to the property.
If the Director of Public Works, upon requested review by a notified property
owner(s), does find cause for adjustment in the allocation of the charge to the
benefited pmperty(s), such adjustment will be made and the DEVELOPER will be
notified of the adjusted amount(s) prior to recordation. The resulting adjusted
Exhibit A shall govern reimbursement amounts to be received by the
DEVELOPER.
V.I. EFFECT OF AGREEMENT
The provisions of this Agreement shall not be effective as to any owner of real
estate not a party hereto unless this Agreement has been recorded in the office of
the County Auditor of the County in which the real estate is located prior to the
time such owner receives a permit to tap into or connect to said facilities.
If for any reason, the CITY fails to secure a latecomer payment for Owner's fair
pro rata share of the cost of the facilities, before connection to the extension, the
CITY is not liable for payment to the DEVELOPER.
The entire responsibility for notices, recordation and completion of this
Agreement is upon the DEVELOPER, who agrees to do all and to hold the CITY
harmless.
VII. OWNERSHIP OF I~ACILITY
PAYBACK AGREEMENT 11103
DEVELOPER'S EXTENSION
PAGE 3 OF 8
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•
•
20070919002386,004
The DEVELOPER has constructed the facilities described in Section lI of this
Agreement, which facilities have been accepted by the CITY as satisfactory.
The facilities have become a part of the municipal system of the CITY, . All
maintenance and operation costs of said facility shall be borne by the CITY,
except as noted otherwise in PAC04d0006,
VIII. UNAUTHORIZED CONNECTION
Whenever any connection is made into the facilities described in Exhibit A under
this Agreement which is not authorized by the CITY, the CITY shall have the
absolute authority to remove or cause to be removed such unauthorized
connections and all connecting lines or pipes located in the facility's right -of -way.
The CITY shall incur no Iiability for any damage to any person or property
resulting from removal of the unauthorized connection.
IX,. CURRENT ADDRESS & TELEPHONE NUMBER
The DEVELOPER shall keep a current record of his/her address and telephone
number on file with the Director of Public Works of the CITY, and shall within
30 days of any change of said address and /or telephone number, notify the
Director of Public Works of the CITY in writing. If the DEVELOPER fails to do
so, the parties agree that the CITY may authorize connections resulting therefrom
and not incur any liability for the non - collection and /or non-reimbursement of
charges to the DEVELOPER under this Agreement.
X. COVENANT RUNNING WITH THE LAND
This Agreement shall be binding on the DEVELOPER, its successors, heirs and
assigns and shall so be binding on the legal owners of all properties described
within the benefit boundary of the area as shown in the attached Exhibit A, their
successors, heirs and assigns. The DEVELOPER agrees to pay all fees for
recording this Agreement with the County Auditor. The DEVELOPER shall
make the actual recording and provide the CITY with confirmation thereof, but
such recordation shall only be made after expiration of review period specified in
Section V.
XI, HOLD HARIVILESS
The DEVELOPER will indemnify and save the CITY and the CITY'S officials
and agents harmless from all claims and costs of defense, arising out of this
agreement, as a result of DEVELOPER actions, misconduct or breach of contract,
including but not limited to attorney's fees, expert witness fees, and the cost of the
services of engineering and other personnel who's time is reasonably devoted to
the preparation and attendance of depositions, hearings, arbitration proceedings,
PAIBACk AGREEMENT #103
DEVELOPER'S EXTENSION
PAGE 4 Or B
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f..�J�
•
•
20070919002386.005
settlement conferences and trials growing out of the demands and /or actions of
property owners incurred in the performance or completion of this Agreement,
CONS'T'ITUTIONALITY OR INVALIDITY
If any section, subsection, clause or phrase of this Agreement is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of this
Agreement, as it being hereby expressly declared that this Agreement and each
section, subsection, sentence, clause and phrase hereof would have been prepared,
proposed, adopted and approved and ratified irrespective of the fact that any one
or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
ATTEST;
Aan�Ne—fle Daslcam, City Cleric
PAYBACK AGREEMENT #103
DEVELOPER'S EXTENSION
PAGF. 5 0r 8
Order: 6598 -06 Doc: KC:2007 20070919002386
CITY OF
Y .wy
Peter B. Lewis, Mayor
PAII r1p, IF 6
�w,OW
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Page 5 of 8 Created By: sholstine Printed: 12/30/2013 4:24:16 PM PST
•
STATE OF WASHINGTON)
)SS.
County of King )
•
2007091'9W23SMS
I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E.
Daskann were the persons who appeared before me, and said persons acknowledged that
they signed this instrument, on oath stated that they were authorized to execute the
instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF
AUBURN to be the free and voluntary act of such parties for the uses and purposes
mentioned in this instrument.
Notary Public in and for the State of Washi,
My appointment expires 69 • ._ ') '
STATE OF WASHINGTON)
) ss
COUNTY OF KUNG )
I certify I have know or have satisfactory evidence that Joe Singh is the person who
appeaxed before me, and said person acknowledged that he signed this instrument on oath
stated that he was authorized to execute the instrument and acknowledge as the
Manager of JPS Moldings a limited liability company, to be the free and voluntary act
of such party :For the uses and purposes mentioned in the instrument.
Dated'- p
•'" i 7,;; tilt, 01
W� r;3 .•�.�� .,,�� • �� X06
,A = a
PAYBACK AGREEMENT4103
DEVELOPER'S EXTENSION
PAGE 6 OF R
Notary Public ' and for the S,taM of Washington
Residing at G I
My appointment expires .- 4''° �..
to
Order: 6598 -06 Doc: KC:2007 20070919002386 Page 6 of 8 Created By: shoistine Printed: 12/30/2013 4 :24:16 PM PST
20070919002386,007
_ Exhibit A
Marchini Meadows Water Booster Pump Station Payback #103
Parcel Number
Parcel Size
in SF
Possible
lots
Total Possible Payback
102105 -9007
1,243,202
75
$16,809.75
102105 -9022
305,791
42
$9,413.46
102105 -9063
236,095
33
$7,396.29
102105 -9044
253,955
35
$7,844.55
102105 -9041
13,200
2
$448.26
102105 -9074
12,206
2
1
102105 -903_2
69,696
10
_$448.26
$2,241.30
102105.9006
486,130
67
$15,016.71
102105 -9095
152,460
21
$4,706.73
10,2105 -9059
43,560
6
$1,344.78
102105 -9079
232,175
32
_�. $7,172.16
102105 -9058
155,945
21
$4,706.73
032105 -9012 _.
_320,602
44
$9,861.72
032105 -9148
108,900
.15
$3,361.95
032105 -9145
108,900
15
$3,361.95
032105 -91_60
87,120
12
_
$2,689.56
032105 -9191
43,560
6
$1,344.78
032105 -9192
10 $2,241.30
032105 -9161
147,668
24 $4,482,60
032105 -9159
131,551
18 � $4,034.34
032105 -9157
85,813
12 $2,689.56
032105 -9153
43,560
6
$1,344.78
03'.105 -9147
032105 -9040
--
582,397
106,286
80
15
_
�$17,930.40 _
$3,361.95
432105 -9044
199,505
27
$6,051.51
032105.9144
21,200
_
3_
$672.39
032105 -9151
105,851
_ 15
$3,361.95
032105 -9136 108,900
15
$3,361.95
042105 -9077 414,691
57
$12,775.41
042105 -9015 356,321
49
$10,98237
894670 -0210
35,747
5
$1,120.66
042105 -9053
30,480
-
4
$896.52
042105 -9063
23,040
3_
$672.39
092105 -9078
181,645
25
$5,603.25
092105 -9232
6,275
u.
_
1
_
$224.13
092105 -9158
139,827
19
$4,258.47-
092105 -9159
43,560
1
6
$1,344.78
092105 -9160
58,806
8
$1,793.04
092105 -9161
38,016:
5
$1,120.65
092105 -9033
64,033
9-
$2,017.17
002105 -9162
38,016
5
$1,120.65
092105 -9134
89,298
_
~T 12
$2,689.56
092105 -9136
87,120
12
$2,6$9.56
092105 -9115
93,654
13
$2,913.69
0921QB -9114
83,200
11
$2,465.43
092105 -9154
87,991
12
$2,689.56
PAYBACK AGREEMENT #103
DEVELOPER'S EXTENSION
PAGE 7OF8
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RETURN ADDRESS
Neil A. & Veronika M. Vien
30605 132nd Ave SE
Auburn WA 98092
Please print neatly or type information
Document Title:
Icing County Form-- Seuces Notice of On -Site Sewage System Operation and
Maintenance Requirements
Reference Number(s) of Related Documents:
Additional Reference #s on page
Grantor(s) (Last, First, and Middle initial)
VVien.. Neil A.
Viers Veronika M
Additional Grantors on page
Grantee(s) (Last, First, and Middle Initial)
THE PUBLIC
Legal Description (abbreviated form: lot, block, plat or section, township, range,
quarter /quarter)
rV"unAvAgal ml6m 1D Vll JJ4169
Assessor's Property Tax Parcel/Account Number
0921059158
Additional parcel #s on page
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
documents to verify the accuracy or completeness of the indexing information provided herein.
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20030311001214.002
NWMLS Form 22V *Copyright 2001
Seller's Notice of OSS Northwest Multiple Listing Service
Rev 4101 ALL RIGHTS RESERVED
Page 2 of 3 KING COUNTY FORM
SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM
OPERATION AND MAINTENANCE REQUIREMENTS
Assessor's Tax Parcel ID #: 022105915$
1 Seller is the owner of real property within King County, which is legally described as follows
STR 092105 Tax
2 The above - described real property Is served by ao on -site sewage system ( "OSS ").
3 The Code of the King County Board of Health, Section 13 60 005 establishes certain respon-
sibilities of the OSS owner with respect to the operation and maintenance of an On -site Sewage
System, as follows
A The OSS owner is responsible for the continuous proper operation and maintenance of the
OSS, and shall.
1 Determine the level of solids and scum in the septic tank at least once every three (3) years
for residential system with no garbage grinder and once every year if a garbage grinder is
installed and, unless otherwise provided in writing by the health officer, once every year for
commercial systems
2 Employ an approved pumper to remove the septage from the tank when the level of solids
and scum Indicates that removal is necessary
3 Cause preventive maintenance /system performance monitoring inspections to be conducted
and any indicated service to be performed by an approved person at a minimum frequency
in accordance with Table 13.60 -1 unless otherwise established by the health officer or the
sewage review committee
4 Operate and maintain all OSS in accordance with this title, with pertinent alternative system
guidelines issued by the DOH [State of Washington Department of Health) and with the
approved OSS owners operating and maintenance instruction manual
5 Protect the 088 area including the reserve area from
a Cover by structures or impervious material,
b Surface drainage,
c Soil compaction, for example, by vehicular traffic or livestock; and
d. Damage by soft removal and grade alteration
6 Maintain the flow of sewage to the OSS at or below the approved design both in quantity and
waste strength
7 Direct drains, such as footing of roof drains away from the area where the OSS is located
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• NWMLS form 22U Wopynght 2001
Seller's Notice of OSS Northwest Multiple Listing Service
Rev 4109 ALL RIGHTS R SERVEV
Page 3 of 3 FLING COUNTY FORM -
SELLER'S NOTICE OF ON -SITE SEWAGE SYSTEM
OPERATION AND MAINTENANCE REQUIREMENTS
8 The owner shall not allow
1 Use or Introduction of strong bases, strong acids or organic solvents into an OSS for the
purpose of system cleaning,
2 Use of a sewage system additives unless It is specifically approved by the DOH, or
3 Use of an 088 to dispose of waste components atypical of residential wastewater, for
example, but not limited to, petroleum products, paints, solvents, or pesticides
slier Data
STATE OF WASHINGTON )
Seller Date
SS
COUNTY OF KING )
On this_ day of %'Y7 GI. k. a? before me personally
(month) (year)
appeared r7 V ( k"- and _ U �t�nt , � y (�2 i� to me
known to be the in ivl uai(s) described erein an who executed t e oregoing instrument as his /hedtheir
free and voluntary act and deed for the uses and purposes herein stated
Given under my hand and official seal this day of MCtA.,C� c
(month) (year)
Pnnt Name ha rti�st t
NOTARY PUBLIC in and for the State of
Washington, Residing at
My Appointment Expires^^
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11
LEGAL DESCRIPTION
M
E
20030311001214.004
The north half of the north half of the south half of the east half
of the northeast quarter of the northeast quarter of section 9,
Township 21 North, Range 5 East, W.m , in King County, Washington;
EXCEPT that portion conveyed to King County for road purposes by
Deed recorded under Recording Number 2680899;
AND EXCEPT that portion conveyed to the State of Washington for road
purposes by Deed recorded under Recording Number 9506201489.
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20040406000696.001
DEVELOPMENT AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address City of Auburn
Planning Dent 25 West Main Street
Auburn WA 98001
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Parcel Number(s) 092105 -9158 / 092105 -9159
Additional legal on page 12
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and SWG
Construction and the heirs, assigns, and /or successors In interest of certain
property, hereinafter referred to as "OWNER ", is for and in consideration of the
furnishing of utility service by the CITY to certain property of the OWNER
hereinafter referred to as "PROPERTY" The OWNER does hereby petition for and
agree io annexation of the PROPERTY to the CITY, and does hereby agree to the
conditions of annexation herein, and does hereby declare this covenant
1 ACKNOWLEDGMENTS AND REPRESENTATIONS
The OWNER does hereby acknowledge and agree as follows:
1.1. The OWNER is the owner of certain PROPERTY, which is located
outside the corporate limits of the CITY
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12 The OWNER is seeking Preliminary Plat approval from King County
for the PROPERTY
13. The OWNER has requested the CITY to furnish water and sewer
services to the PROPERTY, which the owner understands and agrees may be
limited by issues including the Endangered Species Act (ESA) and other
governmental agencies,
1 4 This Agreement to extend wafer and sewer services outside the
corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92 170
and shall not be construed as a voluntary agreement pursuant to RCW 82 02 020
and therefore the provisions of RCW 82.02.020 shall not be applied hereto.
1.5. This Agreement does not preclude any evaluation and
determination by the CITY that later development actions or proposals
undertaken by the OWNER may require a determination of significance and
environmental review under SEPA
1.6. The CITY'S Comprehensive Plan requires annexation or a
commitment to future annexation and compliance with certain other conditions
as a prerequisite for the extension of utility service outside the corporate limits of
the CITY
1 7. Washington law recognizes a City's requirement of an annexation
agreement or a commitment to future annexation as a condition of extending
utility service outside the corporate limits of the CITY
1.8. Extension of utility services beyond CITY limits is subject to the
authority of the King County Boundary Review Board, and said Board requires
that such extensions be conditioned on annexation or efforts toward
annexation
1.9. The PROPERTY is located within the CITY'S POTENTIAL. ANNEXATION
AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY
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in its Comprehensive Plan pursuant to the King County and Pierce County
Countywide Planning Policies,
1.10. It is in the Interest of the citizens of the CITY to insure that all
developments which are or could be constructed within the corporate limits of
the CITY or will be ultimately annexed into the CITY, are constructed in
accordance with CITY development standards as defined by section
14.18.006 {C} of the Auburn City Code,
1 11 The OWNER'S request for the extension of utility services was duly
considered by the CITY, and it was determined that the furnishing of water and
sewer services to the PROPERTY would be proper upon the fulfilling of all
conditions and covenants herein
1.12. The OWNER does hereby acknowledge that in the event of violation
or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the
invalidation of this AGREEMENT by judicial action, operation of law or otherwise,
the CITY reserves the right at Its sole discretion to immediately terminate the
provision of utility service to the PROPERTY and in such case the Owner agrees to
indemnify and hold the CITY harmless from any and all claims of any party.
2. PROPERTY DESCRIPTION
The PROPERTY Is hereby described as follows: 30605 - 1132 "d Avenue $E
The PROPERTY is legally described in Attachment A, attached hereto and represented
by reference as if set forth in full. The OWNER warrants that Attachment A is correct as
fully describing subject PROPERTY,
3. PETITION AND COVENANT FOR ANNEXATION
The OWNER, In consideration of the CITY'S agreement to provide
utility service to the PROPERTY, does hereby petition, agree and covenant as
follows
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31, The OWNER does hereby apply for and petition for annexation of
the PROPERTY to the CITY and thereby agrees, promises and covenants that if at
any time the PROPERTY is included within any area which is being considered for
annexation to the CITY, said OWNER does join in said annexation and by this
PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition
referred to herein is irrevocable. The OWNER recognizes and agrees that by
signing this Agreement, the PROPERTY of the OWNER will automatically be
included as a property to be annexed In the event the PROPERTY is within a
proposed annexation area.
3.2. The OWNER agrees to execute all necessary documents such as
applications, letters, notices, petitions or other instruments initiating, furthering or
accomplishing the annexation of the PROPERTY to the CITY, whether or not the
annexation involves the assumption by the area to be annexed of existing CITY
indebtedness, the application to the area to be annexed of the CITY
Comprehensive Plan and land use controls, and such other conditions as the
CITY may lawfully impose The OWNER, for him /her /themselves and for
his /her /their heirs, successors and assigns, agrees and covenants with the CITY,
and to the present and future owners of the PROPERTY to which this covenant
relates, that this agreement is to constitute a covenant running with the land,
and shall burden such land that he /she /they shall, whenever so requested,
execute such letters, notices, petitions or other instruments. Owner agrees to
immediately record this document and specifically advise future interests in the
property
3.3, The OWNER recognizes that the laws of the State of Washington
relating to the annexation of property by a city provides that property may be
annexed to a city if property owners, equal to sixty percent of the assessed
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value of property within the area proposed to be annexed, sign a petition for
such an annexation
33.1 The OWNER further recognizes that other methods of annexation are
allowed under the laws of the State of Washington, including the election
method.
3.4. The OWNER understands that the OWNER'S signatures on this
Agreement is an admission that the OWNER understands the certain rights which
the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving
such rights in consideration of receiving the described utility services.
3 5. The OWNER understands and agrees that upon annexation by the
CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and
on the same basis as property within the CITY is assessed and taxed to pay for
any then outstanding indebtedness of the CITY which was contracted prior to, or
existing at, the date of annexation
36 The undersigned OWNER of the PROPERTY, on behalf of
himself /herself /themselves, his /her /their heirs, successors and assigns, hereby
designate(s) the CITY as OWNER'S true and lawful attorney -m -fact for the
purpose of signing any petition leading to the annexation of said PROPERTY to
the CITY, with full power to do and perform any proper act which the OWNER
may do with respect to the annexation of said real property The CITY may
exercise this power through its City Clerk or otherwise as the CITY COUNCIL. may
direct This Special Power of Attorney is given for the valuable consideration of
the furnishing of water and /or sewer service by the CITY, and this Special Power
of Attorney is further given as security for performance of the annexation
covenant obligation set forth herein This Special Power of Attorney is not
revocable and shall not be affected by the disability of the principal.
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37 The OWNER agrees on his /her /their behalf and on behalf of
his /her /their heirs, successors and assigns that the OWNER will not protest the
future formation of any local improvement district for any or all of the following
domestic water, sewer service, streets, street lighting and storm water facilities,
including regional detention and water quality facilities, for any district which
includes the PROPERTY affected by this agreement.
4 AGREEMENT OF CONDITIONS ANDZOR MITIGATION MEASURES OF
APPROVAL
The OWNER, in consideration of the CITY'S agreement to provide
water and sewer utility services to the PROPERTY, and in recognition of the CITY's
conditions for annexation of the PROPERTY, does hereby agree to comply with
the following,
4.1 Water and sewer service can be made available to the property,
Water service will require construction of an eight -inch (8 ") minimum water line
to serve all lots and to provide adequate fire protection. The waterline shall loop
from 130th Ave SE to 132nd Ave SE.
4.2 installation of sewer will require construction of an eight -inch (8 ")
gravity sewer main to serve all lots The sewer main shall extend to and through
the property in a location and with the appropriate easements to be
determined at the time of the FAC (facility extension permit).
4,3. The internal road and cul -de -sac must be completed as a public
street per Auburn City Standards.
4.4. Half- street requirements will be required on both 132nd Ave SE and
130th Ave SE, unless a delay is granted by the Auburn City Council
4.5. Sidewalk and roads on 130th shall be designed to match and meet
the road design /sidewalk to the north
46 Fire hydrants shall be installed per Auburn City Standards at
(ACC 13.16.060)
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4.7. Any impact fees calculated and paid to King County for either
transportation or park impacts shall be reported to the City of Auburn,
48 All other applicable City development standards shall be compiled
with.
5 GENERAL PROVISIONS
The OWNER and the CITY do hereby acknowledge and agree to
the following provisions, which apply to the entire Agreement herein
5 1. The OWNER agrees that all future land use and development on the
PROPERTY will meet all land use and development standards of the CITY, In the
event of a conflict between CITY standards and any applicable County
standards, the more restrictive standards as determined by the CITY shall apply
5.2. Nothing in this agreement shall be construed to create any financial
obligation on the part of the CITY with regard to annexation, construction of
utility facilities and appurtenances, or any other matter The OWNER and the
CITY hereby acknowledge that it is the OWNER'S responsibility to finance the
design and construction of utility facilities needed to serve OWNER'S property
consistent with CITY plans and specifications, unless otherwise agreed by the
CITY.
5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and
approval prior to construction, and CITY inspection during construction of all
public improvements as they are built, regardless of the ownership of such
improvements, and shall reimburse the CITY for any reasonable costs incurred in
such plan review and inspection
5.4. No modifications of this Agreement shall be made unless mutually
agreed upon by the parties in writing.
55. if for any reason of any default or breach on the part of either the
OWNER or the CITY in the performance of any of the provisions of this Agreement
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a legal action is instituted, the party not prevailing agrees to pay all reasonable
costs and attorney fees and costs in connection therewith It is hereby agreed
that the venue of any legal action brought under the terms of this Agreement
shall be King County, Washington. The applicable laws, rules, and regulations of
the State of Washington and the CITY shall govern this Agreement
5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall
inure to the benefit and become binding upon the heirs, assigns and /or
successors in interest of the parties hereto and Is a covenant running with the
land The OWNER agrees to Indemnify and hold the CITY harmless from any
claims that any subsequent purchaser may have as a result of this Agreement,
including CITY`s attorney fees and costs
5,7, Any notice or demand required or permitted to be given under this
Agreement shall be sufficient if given in writing and sent by registered or certified
mall, return receipt requested, to the address of the parties set forth below Any
notice shall be deemed to have been given on the date it is deposited in the
U.S Postal Service mail with postage prepaid
5 7.1 The OWNER warrants that the OWNER will undertake, and be
responsible for, all notifications, including recording, to all parties of interest and
future parties of interest.
58 In the event that any term, provision, condition, clause or other
portion of this Agreement be held to be inoperative, invalid, void, or in conflict
with applicable provision, condition, clause or other portion of this Agreement,
and the remainder of this Agreement shall be effective as if such term, provision,
condition or other portion had not been contained herein, and to this end, the
terms of this Agreement are declared by the parties to be severable
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20040406000596:009
5.9. Upon execution, this Agreement shall be recorded with the King
County Auditor's office The OWNER shall be responsible for recording and shall
provide evidence of such recording to the CITY
IN WITNESS WHEREOF, the OW and the CITY hereto have executed this
Agreement as of this '2-5 day o 71 2004
CITY OF U N
PETER B LEWIS
MAYOR
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ATTEST: I
Danielle Daskam
City Clerk
STATE OF WASHINGTON
) ss
COUNTY OF KING )
On this Q day of 2004, before me,
the undersigned, a Notary Public in and for the State ashington, duly
commissioned and sworn, personally appeared PETER B. LEWIS and DANIELLE DASKAM,
to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who
executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said City of Auburn, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute said
instrument on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth
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iciN�o; cPb 4,
NAM
c7FWP �`c? "
NOSARY PUBLIC an f 0 fate of
\N
Washington,
MY COMMISSION EXPIRES i c1 D
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OWNER: SWG Construction
BY REPRESENTATIVE:
J
Shupe &"A—
H- Balm & Holmberg, Inc.
STATE OF WASHINGTON
) ss
COUNTY OF KING
20040406000696,011
On this _ �%�, day of � � 2004, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Shupe Holmberg, Balma & Holmberg,
Inc., the Agent of SWG Construction, the REPRESENTATIVE that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said OWNER, for the uses and purposes therein mentioned,
and on oath stated that they are authorized to execute said instrument on behalf of
said OWNER.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth ff
(Printed Name)
EN'OTARY PUBLIC
WASHINGTON
ON EXPIRES
ER 22,2m
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NOTARY PUBLIC in and for the State of Washington,
residing at 1 &"u
_
MY COMMISSION EXPI ES
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,a
LEGAL DESCRIPTION
ATTACHMENT A
20040406000896.012
TAX PARCEL 092105 -9158, THE NORTH HALF OF THE NORTH HALF OF THE SOUTH
HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W M , IN KING
COUNTY, WASHINGTON;
LESS COUNTY ROAD,
TAX PARCEL 092105 -9159 THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH
HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W M„ IN KING
COUNTY, WASHINGTON,
LESS COUNTY ROAD
WS003 -0019
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Acct. No. 2124W6
DEED OF TRUST
aarGrynt
11i113 PFFD OF TRU.Ifr, n file aaniv may be renewed or extended ('freed of rruif'). is dated rs of
f)uCd„i ,43 —J,221, sod is sn Agrecmcnt AMON(I Afxn W. Duties and Sally S'. Bolles, 1115 Wife as rho grantors;
I)W'fR & J Corp., a WAthington entporatlan, whose islet, addstst Is 2010Ccntury Square, 1301 Iburth Avenue,
Scathe, Washington 98101.1688. As the Intro; and Merrill t.ynah bank & Trust Co., a New jitney state banP..,
whose ►beet address It St10.rudders Mill Road, Piatninora, New Jefsey 08336, As the bencpclary.
Throughout this Ow of Truat, the following w nrds have the following rncmings: 'we *. 'us' and 'our' refer to
the person or any or Ali of the persons who sign this Deed of Trust; 'Merrill Lynch' rc(ers to Merrill I.ynch Rank &
Trust Co., the bcnatictAty, or anyone is whom this Deed of Trust is asslgacsl; and "Tnuice' refers to the trustee
Identified above, or any substitute trustee.
t)t•:.1;CR1P'i'1ON OF SECURITY
By signing this !Iced of Trust, xnd in eomrideration of the indcbttdncss heroin recited and the trust herein
crcaied, we Irrevocably grant, borgstn, gtil and convey to Trustee, In trust, with power of Axle, the fallowing
descrihal property, located in the Courtly of King, State of Washington. The real property convoyed is not used
principally for Agricultural or farming purposes,
l.etlal dtacrlpti m attached hereto and mnde or port hereof.
q4This property has the address or 3m623 132nd Avenue Soulirtasr Auburn, Washington 98002 and, together
a' with the Interests desc.,IW below totaling to thispropt »y, Is called the 'Property" In ibis Ilted of Trull.
In Milllloa to graining and convcying to Trustees, in trusi, with power or two. the Property dcsctlbcd *hove, we
Also grant and convoy to Trustec, In bust, with power of sale, The following Interests relating to shat Property: (h)
All buildhigs And other uruciures iocated on the Property; (b) all rights we may have in Any roads and alleys next to
the Property or In Any minerals. oil and gas rights And profits, water. whirr rights, aid water stock which are a
part of the Property; (c) 411 rents and royahies from the Property and any proceeds from the condemnation of, or
Insurance payments concerning losses to, the Property; And (d) All natures now on the Property at later placed on
the Propery, Including rcplacemenu of, and sildltlons m, those fixtures. Our grant And conveyance to Trustee of
the rights Amt interests descilbod above lociudet all rights and Interests which we now have or which we may
acquire In the future. For example, if the security granted and conveyed to Trustee under this teed of Trost Is A
itasehold estAie, and we wbsequeatly, Acquire fee title to the Property subject to the leasehold estate, the rights and
f)nicrems granted and conveyed to Trustee by ibis Decd of Trust will include the fee title to the Property that we
acquire.
081.iGATIONS OKINCr SECURED
We have signed this Decd of Trust Its secure the following debts And obligations existing now or u1►ing in the
future: (a) the payment to Merrill Lynch of it revolving line of credit debt fn the amount of U.S. $29.000.00, or so
much of thin debt As may be outstanding, plot all armed Iniertsl, fete And Miter Charges owed under the Morrill
Lynch 11quity AcctssrAgretment, as the same maybe renewed or extended !rite 'Agreement'), relating to this Dttd of
Trust'. (b) the payment of Any Amorous advanctd by Merrill Lynch to protect the securlly of this Dced of Trust,
with Introit on those Amounts; (c) the performance by The Persons who signed the Agreement of their obligaticirs
under the Agrocmtnt; And (d) our performance of our obligations under this Deed of Trust. The Agreement and
this Dccd of Trust, taken together, arc called the "Credit Documents'.
° The amounts secured by this Dad of Trust may Increase A d decromis from time to time and may be zero
during one or more perloris. The Ilen of this Deed of Trust And its priority As to future Advances and other amounts
secured shall continue In full fury And effect until fully reconveyed noiwlthstsruling That, At one or more
Intervening timer, there are not unpaid amounts te(nrrcd by this Dud of Trust.
Ftl
REPRE.VNTATIONS AND OBLIGATIONS CONCERNING THE PROPERTY
We promise that cxttpt for the 'ENceptlons' listed In Any title Insurance policy which insures Merrill Lynch's
tighis In the Property: (a) we lawfully own the Property; (b) we have the rigbti to grant and convey the Property to
Trustee; and (c) there are no outstanding claims or charges agalnst the Property.
We give a general warranty of title to Merrill lynch. This means that we will be fully responsible for any
losses which Merrill I.ynch suffers because someone other ihAn us has some of the rights in the Property which we
promise chat we have. We promise that we will defend our ownership of the Property agalml Any claims of such
,e rights.
We rumhcr promise that we will neither take nor permit Any Action to partition or subdivide all or part of the
Property, or change In any why the condition of title to All or part of the Property.
J WA (WHAT) MORTMOR
(g6 ot•9r) NYHIWAM(I I : ° ' I t 1 !'t T ' rn' l) A f t ^'r it "-T , • :
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PROVISIONS ()P T•11F: AORVEWNT
We uuttetstand that this Agreement calls for a yarlhble IA14Icsit M. Aril that Met-III Lynch may, prior its ilia
tndofthete�tsotti Agrccownt Anil nndrrcttratnctraarntAmccsspecified lnt heAgreement ,cancei Its ahligstion(it
make intuit Advances. AniRor rctpdm acreietoled cmutent or the outstanding balance, under the Agreement. 'I he
Agreement provlalons below relate In the variable Interest rate.
The paragraph lit Ilia Agreement, entitled 'In,rretl', provide;, In part, as folluws,
(A) ANNUAL. INTYRn- r KATY. The annual interest rate applied to our Outstanding Principal
Natarsrt for colculAred monthly on the fret day tit exh billing period And equals the Priem Rate plus glaigd.irm
Leif tmrcerti f1 1.
(b) PRIMP RAT-F:, The Prime flue for any blrtlug period la the 'prim rate' published by Tito Wall
NMI -INUAl for the first day to that billing period. If a 'prime rate' range Is published by 1i14_ftl.:iU><SJ..
jp. j, then the Ulghcu rate of that range will be aced. ifPjt3Yj ! S=Llppprpj does not publish a prime rate or a
• 4i primp rate range for the first day of say billing period, then the prime role or the highest rate of the prune rate
Gamf range purblishrd by.Uj_ 9Sint(fourng! for The most recent day within tour (4) days prior to that date, for which
1 Its jyall Stmt,){ 2ifl does publish A prime rare or a prints rate range. will be used.
cc
Wif Pubi Wait Saeer JagroAl foils to publish A prune rare or a primp rate range for the first day of any
billing period or for any day within four (4) days prior to that date, Merrill Lynch will use a Aubultutc Index, to be
71 determined At that time, that has Ads historical movement p listamiaity similar to that of the prism rate published In
.T .W d1,j:jfftLJp;im ( and that when combing with the appropriate imrcentage margin (Ace paragraph (a)) for the
Accoonr, would result In an Annual percensage rant substantially similar to The rare in effect al the limn the print;
rate published in Jh Wall ,1j=,jgvmd becomes unavallAhlo.
(o) VA i BI N 1NTp�.RI::�S'tM_RKIL 'ibis Agrtemtm provldcs that the annual lntcrtu talc will
change nsonlhly on the Aral day of the billing Nrlod, whkh means that an increase or decrease In the annual
Interest rare will take effect an the first day or cacti, monthly billing period.
The maAltnum corresponding (nominal) ANNUAL, PARCRNTAOR RATH will nor exceed is. 66
percent.
tkcrtaus in the annual iatetest rate arc rna»duoty As the Prima RAtcdrereaus. We undcrarand that we
will not be provided with any Advance notice of changes to the annual Interest rate or the prim rate.
PROMINK9 AND AGREPMF:NTS
We agree with Merrill Lynch As follows-.
1. We shaA promptly pay when required by the Agrcemrnl, The principal
And Interest dim under the Agreement, together with say laic charges and other charges Imposed under the
Agreement.
2. Apyl{Salilon of Pavmenls, Unless prohibited by law, all payments received by Merrill Lynch under the
AgrcemCnt aril this Deed of Trust shalt bo applied by Merrill) Lynch Aral to reduce Any sums outstanding under the
line of credit secured by this Deed of Trust frhe 'Account') which an In excess of the credit Available under the
Account, then in payment of the amounts payable to Merrill Lynch by us under paragraphs 6 and 25 of this Deed of
Trust. then to charges payable order the Agreement ( otber than those spodfi; ply Identified in this paragraph 2),
then to Interest, and then to the principal payable under the Agreement.
3. Prior MpajtAttts and Ikeda gfi +ti, Charaesr i,itssss We shall fully and timely perform At of our
obilgailons under Any morijAge, dad of trust or other security agrterntnt width Is prior to this Dad of Trust,
Including oar obligations to make my payments when due.
We shall pay or cause to be paid, at least ten ( (U) calendar days before delinquency, All tastes. assesmmma and
other charges, Arcs and Impositions relating to the property and All encumbrances, charges, loans, and liens (other
than any prior murtgoge or deed of trust) on the property, which may become prior to (his Deed or Trust, and
Leasehold payments or ground rents, If any. We &pall deliver to Wahl Lynch, upon Its request, receipts
evidencing such payment, If, at the lime Merrill Lynch elects to (ertnloate the Account as provided In paragraph 15
below, there is An Assessment which is payable In fasisflments at our election or at the election of the lessee of the
Ptopony, that assessment wilt nevertheless be considered emltely duo mid payable on the day the Arst Installment
becomes due or payable or a lien.
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4. tlarrprd ltnprppces We shift. At our cost, keep the Improvements now existing or later etccted on the
Property Insured agahssl loss by arc, by Imrnrds Included within ilia terns "eslended covtrxga and by such other
harards (rolfertivrly referred to Its '11mtordO as Morrill lynch fully requite. We 41211 mxirttain I laratd hrnronce
far the entire. terns of The Agreement, o, ac long As Merrill Lynch may require, in rut Awnonl equal m the lesser of
(a) the niuhnum Insurable value or the property nr (b) ilia wax bunt Amount of ilia Account plus the otttsmndiug
amoom Of any obligation prior to this Deed of Tntsi, but In no event shall such Amounts be Its] than ate ntnnuot
necessary to satisfy (Ito coinsurance rcgoireumnl conlsla -4 In the lnsurance policy
We nuty choose. the lnsuranco company subject to approval by Mcrriil Lynch, which Approval Italy net be
uateasonably withheld. All insurance policies. Including renewals, must be in A forms acceptable to Merrill Lynch
aria must Includes s standard mortgagee clause In favor of mad In a (Olin acceptable to horrid Lynch, Merrill Lynch
shall have the tight to hold the policies and tenewAls, subject to the ItOu%of any nrongage, decd of trust or other
security agreement whteh Is prior to this Decd of Trust. if %V pay the prandunns directly, we shall promptly
runilsh to blerrtll lynch all renewal notices and, if requcited by Merrll Lynch, all rcefhptl of paid prendun +s. If
policies 31x1 renewals arc held by any other poison, we shall supply copies of them to Merrill lynch within ten (Io)
calendar days after they era Issued.
In the event of loss, we shall give ptmapt notice to the Insurance company and Merrill lynch. Merrill Lynch
ti nnay make proof of toss I r not made promptly by us.
Subject to the rights and tonne of any nxmgagc, deal of trust or other security agreeruml which Is prior 10 this
Accd of Trust, the ansounis collected by tit or Merrill Lynch under any Ilarard Insurance policy may, at Mcrrlll
Lynch'% sole discretion, either be applied to tht sums secured by this Deed of Trust (after payment of all reasonable
calls, expenses and attorneys' fern necessuily paid or incurred by Merrill Lynch and as in thl] connection) AM lu
whtitever order Merrill Lynch tttay detentdne of be released to Its to, use In repairing or reconstructing the
11mporty. Merrill I.ynch has the aut6orfry to do any of the Above. Regardless of any application of mlease by
Morrill lynch, as described above, this shall 1101 cure or waive any derauil or notice Of default under thl% DOM or
Trust or Invalidate any act done pursuant to such notice.
+ if the Property is abandoned by its, or if we fail to respond to Merrill Lynch In writing within thirty (30)
oalcndar daya train the data noticc !s g[ven to us by Morrill Lynch that the insurance company offers to ,cute a
ctalm for Insurance benefits. Merrill lynch shall have the authority to Aettle the claim And to collect 404 Apply Ilia
insurance proofed% at Merrill Lynch's sole opilon either to rasiomilort or repair of the Property or to the wms
secured by this Deed of Trust.
If the Property is Acquired by Merrill Lynch, Ali of our right, title and lntfreu In and to any Insurance proceeds
resulting from damxro to the Property prior to such Acquisition shall become the property of Mcrrill LyrKh] to thr
aslant of the suns secure) by this Deed of Trust Immediately prior to such acquisition.
S.f ireorrYaffnnrrndMatnlFnggcentl 'rnoerlyfep he eddy,L'npd We
+ shall: (a) us -, improve and maintain the Property in compliance with appllcxbic laws. Atatmcs, ordinances, orders,
requirements, deerces or regulations; (b) keep ilia property in good condition and repair, Including ilia repmU or
restoration of any improvements on the Property which may be damaged or destroyed. and shall pay when due all
claims for labor performed and materials rumlbcd therefore; (c) nap comndt or pennh waste or, :melt impairnsent or
dcleriorallon of the Property; and {d) fully and promptly comply with the provisions or any ,ease if this Deed or
Trust is on a leasehold.
rq
,�r) if this Deed of Trust Is on a unit in a eondomlalam project or a planned unit development, we limit promptly
perform ail orour obligallons undcr thf dectatadon or covenants creating or governing the condominium project or
to planned unit development, and the by -laws, regulations and other documents of the condominium project or planned
unit devdapntcnt, Including any Altrndments. if a condominlumor punned unit development rider Is exccued by us
�y and recorded together with this Dad of Trust, the eovenanu and agreements of that rider shnil become a part of
uj this Deed of Trust As if the rider were Included In this docunnem Itself.
0
d. Ofa�nn ntpsert 111 f,ygeh'scurtty. Wa shall appcarin and defend any action or proceeding purporting to
affect the security or this Decd at Trust or the rights or powea of Merrill Lynch or Trustee undo Ihds Deed or
Trust.
if we fall to do what Is required of us In this Deed of Trust or ilia persons who sign the Agreement fall to do
what is required of themundor the Agreement, or 1rany action or proceeding isco ameneed naming Merrill Lynch as a
party or aficcttng Merrill l,yach's inteftst in the Property or the rights or powers of Merrill Lynch or Trustee, then
Merrill Lynch or Trustee without demand upon us but upon notice to us as provided In paragraph 11 below, may,
Without releasing its (rain any obligation under thls Dud of'fiust, do whatever Merrill Lynch or Trustee WWI Tcs fa
accessary, including any dlsbursainerd or roads. to prated the security or this Ned of Trust,
if Merrill Lynch bill required mortgage Insurance As n condition of opening ilia Account, we shall pay the
premiums required to maintain lbat insurance In offect until If is no )on „:r required by Merrill Lynch or applicable
law.
Any asuounts disbursed by Merrill Lynch or Trustee pursuant to this paragraph b, with Interest at the variable
Interest rate in affect under the Agreement from thus to time, shall be paid by us and "Arc secured by this Deed of
Trust. Unless we agree, In wrldna, with Merrill Lynch to other IcrrU% of payment, such Amounts shall he payabtc
upon request of Morrill lynch. Neither Merrill Lynch not Ttmtoe are over required to incur Any expense or take
say action under Ibis Deed of Trust and any action taken shall not release us from Any obligation In ihh Deed of
Trust.
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7, Immilgp, Mcrtili I.yo(h own make or cave set Ise male reasonable critics ujX'o and inspecttnns Of Chu
11rul,eny anions 11 t1 an euietgnscy, Merrill Lynch shall glve na native rice ftrerrrgraph 11 below) poor at an
utsiwsthat tpcclfying reasunai'le t. ate for die insjwttloo.
A, V4Rdf "411M. A taking of propcny by any `overnm -ntal aruhurhy by emhicm domain Is known s% A
'condenmailnn'. ]be piocecds ref any Rivard its clean tar denmi};es, direct or cmtscqunuml relating ru any
coodcunraltrsn, conveyance or oihcr taking of all or pan of the Property. are hereby assigned and shall be paid to
Murrill I voch, subject err the terms of any notigAge, deed of trust or other security agrcesocnt which Is prior m
lids ikcd of'rrust. We agree to exccuto whatever da:utncnts are required by die Condemning Ardhorky to carry Our
this paragrAph. Merrill Lynch shall have the audhority to apply or release the condernnadvo prncceCs or scllic for
doss- preitceds in the gain* ways as provlkii in this Ines) of Trust for dliposltlon or retticntent of procceds of
llvmfd Insurance. No settlement for cnndemnadoa damages may be made without Merrill Lynthl prior written
approvai.
9• rrgUtrltatlent oC our (>�fgg�(fM.d1L�.D1tLtillLCt hy.$liffli, lixKnsfou of the iluie Cur payment,
r acceptance by Mertiil Lynch of paytnerus other than a cording to rile arms of the Agreement, trtodifttation in
payment forms or the soma secured by this Decd of Trust giAmcd by Merril( Lynch to any ofoar successors or the
waiver Of fafhte to exercise any right granted In this Deed of Trust or under the Agreement shall not release. in any
manner, our tLWIlty, or that of our sucecisnis in Interest, or any guarantor or surety of Our frabif(ty. Mcrrftf
* Lynch shall not be rcqutred m slap proceedings against tech successor or refuse to est*nd Ibnc for payment or
O
otherwise modify payment forms of the sums secured by Ibis Eked tit Trutt by reason of any demand made by 'is nr
our sUCe *ss.111.
C7
No actor falhue to act of Merrill Lynch shall waive any of Merrli) Lynch's rights or remedies under tills Decd of
]lusi unless like waiver Is In writing And signed by MerTili Lynch. Any waiver shall only only to she cxteni
sitcciffcolly set forelr In writing. A waiver art to one event shall not be a walvor at to any other event. Obtaining
insurance or paying taxes, Other Hens or charges shall not he A waiver of Merrill Lynch's rights under this teed of
Tnsu o ccceluate the maturity Qf the sums secured by this Dccd of Trust in ncc event of a default under this Deed of
Trust nr the Agreement.
10, c xn ppd AssferW ndt Jotnl gild tievera! .isbl�v w.tv4Sri�(fc CasstltllLs, The
agreemcnts contained In this Piled of Trost shall hind, and the rights under this peed Of Trust shall alend W. the
respective succesmart, heirs, lcgatoes, dovlsec, adminlstrators, usovurors and assigns of Merril) Lynch and us. Allot
the agcrrnsems made by w !or oar sauce ssors, heirs, Iegatcas, tkvlcec, adminl >tratars, txccutnn arttl assigns? shall be
jolot and several. "it means that any one of us may be raquirod io lndivWually fulfill the ;grrernems.
We hereby taprraaly waive cry righit, wi 1— 04 f lionwitc;i, tcdcmpilon, dower and)or euncs, which' -4
may have under applicable law.
Any person who ca•signs this feed of'frosi, but does not oxeeote file Agreement. (a) Is co•slgning this feed or j
Trust only to gtant and convey that person's Interest in rho Property in the Truttee under the lion and terms of this 4
Deed of Trust and to relraw homestead, redemption, curresy and/or dower rights, it airy, tb) Is not personally
liable under the Agrccntenl or under this Deed of Trust, and (c) Agrees that Merrill I.ynch And any of us may agree 10
extend, modify, forbear, or make any other acco nm«Dulons with regard In the terms of this teed of Trust o: the
Agrceirunt, without the consent of the rest of set and without releasing the rttm of us or rmidifying this Deed of
Trust as to the Imcrest or the suit of us In the Property.
The captions and headings of the paragraphs of this Deed of Trutt are fat convenience only and are not to be
used to Interpret or define its provlslons. In this Deed of Trust, whenever the context to rrqulres, the niascullre
gender includes the feminine andlos newer, the singular number Includes the plural, and the plural number includes
the singular,
11. iYnricer lixccpi where applicable taw requires otherwise:
(a) To glty us any notice urder this (kid ol'T'rust. Merrill Lynch will hand dcilvcr the notice to us. or
mail the notice to us, by fiat class mail, or by registered or renl6ed mail. Merrill lynch will deliver or mail
the nollce to us at the address of the Property, or at any nth r address of which we have given Merrill Lynch
wriucii notice as provided In this paragraph;
(b)'re give the persons who sign the Agreement any notice under this Deed orTrusi, Merrill Lynch
will hand deliver the notice to such persons or mail the notice to such persons by first class mail, or by
registered or cenI ied mail. Merrill Lynch *111 deliver or road) the norlce to such persons at the address
Indicated in the Agreement, or at soy other address of which such persons have given Mertiil Lynch such
naticc as provided In the Agreement; and
(c) To give Merrill Lynch any notice under this Decd or Trust, we will mall the notice to Merril)
Lynch by first class mail, or by reglslered or certified mail, at the address specified on the Account's most
recent monthly billing stateroom ror the reeelpi of such notices. We may also give Merrill Lynch Stich notice at
,illy other address of w filch Merrill Lynch his given us written notice as provided In this paragaph,
1lxccpi as otherwise provided In this Deed of Trial, any lotice provided for In ihlt peed of Tnsu must be in
writing and is considered given on the day it Is delivered by hand or deposited In the U.S. mall, as provided above.
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12, %1tYS(71fUg Lg1Tf,i(ygflallfdG This Agreement will lie governed by and lnlerptcted In accordance with the
law► of the Stare of Washington, except to the extent that such laws art preempted by Peteral law. iredersl law
prectmsts Washington law on the rntxlmum Interest which may be charged by Merrill Lynch and allows Merrill
Lynch to charge a rate permissible under the laws where Merrill Lynch Is located, Merrill Lynch is located in Ncw
Jerscy 6111 therefore may charge Inicrem permitted under Now leruy law, If any provision of this peed of Trust Is
hold to be invalid, illegal, or unenforceable by any coup, that provision shot! be deleted from this Deed or,rmsi and
the balurce of this Deed of Taut shall be Interpreted at If the deleted provision raver existed.
13, i w- QQYs We shall receive a copy of thli Deed of Trutt at the time It Is signed or after this [Red of Trust is
rtcnrded,
14. kgtaWrILBalrdim Merrill Lynch may exercise ail of the rights and remedies provided in this Teed of
Trust and In the Agreement, or which may be available to Merrill Lynch by law, and any of these rights and
remedies may Ise exercised Individually, or they may be exercised Together, At Merrill Lynth'i sofa discretion, and
may be cxerclsed as often u the right to do an occurs.
is. f§1[k1 AdiStM
Morrill lynch has the right under certain circumstances specified in the Credit Documents to (a)
automatically terminate the Account and require tepayment or any sm punt outstanding under the Account, plus rho
entire accrued hilerea. late charges and other charges Imposed on the Account, (b) prohibit additional extenslots of
credit whlout ttqulring accelerated payment of the amounts outstanding tinder the Account ('freeze' the Acco00 or
(c) reduce the credit limit on the Account.
(a) N(ri'ICV. Morrill Lynch will have the rithl to terminate, temporarily or petmanendy fineyt, or reduce
the credit limit In the Account immediately upon Merrill lynch g)ving notice to us and to the persons who sign the
Agreement (ate paragraph I i above) of one of the events listed in paragraph I5(b) below. Paragraph 1$(c)
spo4fits additional clrcurnstsoccs under which Merrill Lynch may temporarily freeze, or reduce the credit limit in
the Account. Actinno tinder paragraph 15(c) need not be preceded by the notice specified In this subparagraph.
6
(b) 17,1111M1NATfQN AND ACCFI.1?RAT70N. Merrill Lynch con (erminare the Account and demand
repayment of the rnilre outsbosding balance In advance of the origlna) term if:
(A) The poisons who sign the Agreement fail to meet The repayment terms under the Credit Documenis;
except that, wider this Subparagraph only, there is a thirty (50) day grata (xrlod within which Merril)
Lynch will net terminate the account and which baglas to run on the day after the notice Is given and
expires at 11:$9 p.m. pastern Iftne on rho lac( day of site period; or
(ft) Merrill Lynch receives actual knowledge that the persons who sign the Agreement have intentiora,y
(1) omlucd material information from, or in connection with, their crMll application. (10 made any
p.l material statements that are false or misleading on, or in connection with. their credit application, (IQ)
5 committed any fraud or made any material misrepresemralon In connection with the Account; or
rp (C) Without the prior written consent of Merrill Lynch, (t) we, or any person who signs the A greenent.
aagree to sell, transfer or assign the Property or any interest in the Propcny; or (ti) the Property or any
O Interest In the Property It sold, transferred or assigned; or
(D) We or any person who slim this Agreement fail to maintain Insurance on the dwelling as required
under paragraphs 4 and b of the Decd of Trust; or
(P) We or any person who signs the Agre crocm commit waste or permit Impairment or deterioration ofthe
Proptay, or otherwise destructively use the Property, such that Merrill Lynch's security Is adversely
Affected; or
(P) We or any person who signs the Agreement fail to pay taxes on the Property or take some other action
that results fn the filing of a lien mnlor to dial of Merrill Lynch which adversely affects Merrill
Lynch's security: or
(U) A Judgment against us Is filed, if the amount of the Judgment and rho collateral subJeet to the Judgment is
such that Morrill Lynch'x security In the Property is adversely affected; or
(H) Any action or inaction by us or any person alitning this Agreement Is taken that adversely affects
Merrill Lynch's security for the Account or any tight of Merrill Lytteh In such security.
As m ailemative remedy, and only If Merrill Lynch expressly states to the notice given under this paragraph,
Merrill i.yacb may temporarily or permanently freers the A=Lwl or reduce the credit limit for the Account. if
Merrill lynch does not Immediately rorminafo an account and accelerate payment or take other action provided for In
the Credit Documents. It has the right to take any of the permitted acilons at a later time providing the condition
i allowing for termination of the account and acceleration of payment at)11 exists at that time.
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In addldon, despite any other Icons of the ('Ndit pocumcns, Merrill Lynch may reels Vw Account
Imuncdiately upon Clio occulit ce of may vinlalionor nthcr event gseepled to This paragraph. Mcnlil Lynch can sake
this action without giving es nodes and without declaring that the violaslon or other event allows Merrill Lynch to
tenmbtato list account and accelerate payment.
Ir Merrill Lynch terminates the Account. t. lite nnuumts outetamltng under Cite Account and any Other amounts
manmuding unier the Credit Documents arc immediately duo and payable its (till slid we will be requited tO
bunnediatcly repay such amounts plus the entire accrurd hnielest, late charget and other charges Imposed on lln*
account. If we it* not do so, Merrill Lynch will have the right to Invoke any reinedy given It by any of the Credo
Vocnntenls, or any Other remedy available to Mcuill lynch under applicable taw. 11111 Includes, without
Ihohailon, Nvokhtg the (sower of sale under this peed of 'funs.
If Merrill lynch terminates or permanently freeres the Account, pursuart to this paragraph, all credit card(s)
and unused checks obtained in connection with the Account must be Inucdlately snarled to Merrill Lynch (see
paragraph 1 I ahovc ' in any event. Once Merrill Lynch freeres or terminates the Account under this paragraph, rite
itcisnns who sign the Agrcensent will no longer have any tight to obtain additional advances tinder the Account.
Merrill Lynch shall be entitled to collect all reasonable costs mid expenses incurred In pursuing rite rclnct<ies
provided in this paragraph, Including, bill not limited m, reatonable attorneys' fees and the entire %crocd Interest,
late charges anti other charges Imposed on rite account. to the case of a foreclosure sate, lite property may be told )h
one parcel.
(c) 1'F:1 PORARY k'Af:r/mr. UN TIDY. ACCOUNT' OR REDUCTION IN CRKDtT LIMIT.
Merrill Lynch can (a) frctro the Account: or (b) reduce the credit limit available to persons signing the Agreement
daring any palled in which:
(1) the value of the Prolreny declines lignifrcawi! below Its appraised vaine for purposes of rite
4 Accotim: or
q)
(a) Merrill Lynch reasonably believes that we or any person who signs the Agreement will be intable to
fulfill the repayment obiigationt rider the Account because of a material change In our financial circumstances or
the ftrturelai circumstances of any person who signs the Agrccmem; or
0) we or any person who signs the Agreement Is In default of any utaterial obligation under the
Agreement: or
(d) if govemmcm action prevents Merrill 1.yuch Gunn btupusing the itnouat percentage rate set forth In
the Agreement: or
(S) if govenimmi action Impairs Merrill Lyneh's security interest In the Property to the extent that the
Yalu* of the Security interest is less than 120 percent of the credit (Inc; or
(6) a federal or state regulatory agency notifies Merrill lynch that continued advances would
constitute an unsafe and unsound practice; or
(7) die annual percentage ram reaches the nusxlmunt allowed tinder the Agreement.
Merrill Lynch need not reinsiase credit privileges or incromc the credit limit uvallabte unless we request such
retnssmensent and, after investigation, Merrill lynch determines that the condition no longer exists.
if Merrill Lynch temporarily freezes the Account or reduces out credit limit, we will not be obligated to repay
the mnmmn outstanding under the account until the due inch amounts are due, as specified In the Agreement.
If Merrill I.yneh temporarily (reezes she Account, pursuam to ibis paragraph, Merrill lynch may, but Is not
rcqulred to, nairy its that ail credit cards) and unused checks obtained In connection with the Account must be
bnmedlatcly nsaiicd to Merrill lynch (see paragraph 11 above), if Merrill Lynch exercises this option, and credit
privileges are later reinstated, Merrill Lynch will Issue cheeks and/or card(s) In accordance with the procedures
described In paragraph 3. In any event, once Merrill Lynch temporarily freezes the Account under this paragraph,
the persons who sign the Agreement will no longer have any right to obtain additional advances under the Account
until credit privileges are reinstated.
If Merrill lynch Invokes the power of sale tinder this deed of trust, Merrill Lynch shall give written notice to
trustee of the occurrence of an event of default and of Merrill Lynch'-4 election to accei:rate the dohs evidenced by
the agreement and to cause the property to be sold.
Merrill lynch and trustee shall rake such action regarding notice of sale and shall give such notices to the
persons and in the manner prescribed by applicable law. After the lapse of such ilme m may be required by
applicable law, and after publication of the notice of We irusice shall, without funhcr demand on or notice to us,
sell the property lit public auction to the highest bidder at the ilme and place and under the terms designated in the
notice of sale in one or more parcels and In such order as trustee may determine. Trustee may poopone sale of the
propeny for n period or periods permitted by applicable taw by public announcement m the thneand p1wit fixed In
the notice of sale. Merrill I.ynch or Merrill Lynch'% designco may purchase the property at any tale.
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.. riannin Kv, a tot= r P. ,
0 0
).tu,ire sltali dCIIV" Is, lite puuchatcr u truswc't teed eoovcybq the piolicuy without any usvatani tor
w•atramy, cwpressn(nr implied, l be 1.01115 In the uuuce's dcesf ihail le 11(611,1 rACie svfufcnce rf the (111111 of sire
statetActsts mmle thpeln 'I'sustcc shall apply life pnxeetlr of file 0,110 in the fallowing ostler. (x)111 all rea "nahle
estat and expense% (if the safe. Including, but not limited to, reasonable trustee's wul attorneys' feet pfd costs of
title cvldencc. nil at and ifs the ex[cnl permitted by applicable law. (h) to All stuns secured by rills decd of hasl; Anil
(el the excess if any, to ilia pct on or pctson% legally cntidcd drereto.
its, Ac%il{ttpncyt nt,l3rtlLt Aufr!IIl(mEnl orHaelrarlA rrrlll I,YP(hIn1'a!!ri!I9Us As A,ldlltuual security, we
I etchy attlgn to Merril) i,yileb the tcals or the Pfuperty, provided that prior to Acceleration under paragraph 15
ainsve or the twcunence of an livcnt of orfaull of abandonment of ilia Property, we shall alive the right In collect
and retain such (cuts ar they hccomc due and 1:4ya111e. lit any astimn In fnvuke the )xtsrcr of sdc under fills DCed or
'frost, Minim Lynch shall be emlllcd to the appolntmcnt of a receiver.
1'llim acccicraiinn muter paragraph 15 above, ar abandonment of the Property, Metril) I.yoch, at any little and
whitow notice. In person, by agent or by judlclaliy- nptasiutrd receiver, and without regard to or proof of chile((111
depseelatinn of the value of the Pruperty or (b) file Insolvency of any rerson who, ilgm silo Agreement or (e) Ilia
value of Abe I'lopcny or (d) the adequacy of Any security rot ilia hulchlcdncss scrruer) by tills Deed of I'mo, shall be
enlITIM to enter upon, take pm mssfon nf. and manage III-: Property, and in Its owls nausesue rotor collect the real; of
llte Not city, Including those past due.
All tents collected by Merrill I.ynch of (he receiver shall Ise applied first to payrn:nl of tic cams of operation
and management of she Propeny and collcctioh of rem(, Includlog, list[ lilt[ limited to, recelvePs fees, prcvnlunn on
itcelvcr's bonds And seuouahle attorneys' fees, And then to the sums secured by this nail off rusk. sl. Merrill Lynch
amI the receiver shall be haute to xcount only for those rams actually ieceived,
Ilia entering Ilium and taking possession of 1W Properly and Use collection and nppileallon of the rents 011311 not
cure or waive any I'vetil of Uermdt or notice of a violation under this Iced of Tiusi or invalidate any aet done
pursstvit its such notice.
We will nth, without file written consent of Hamill Lynch, rceclve or collect reap front any tenant of all, or
any pan or, the Properly for a period of mate than ant month In Advance, And in the event of any default under Ills
NO of'frust will pay moodily In Advance to Merrill Lynch, or to any receiver appointed to collect said rents,
H Issues and profits, the fair and reasonable routal value for ilia use and occupation orihe Properly at that part orthe
1 41 PrOtrcuy in Our posscssinn. and upon default In any such payruent will vacate and surrender the possession of the
C Propeuy in Merrill Lynch or to such recelvcr, and usay be evicted by summary proccedings,
rri
"! 17. Tzmds.,'Rhel-_ fuss, At al,y lirrw, without lWlity and v:ithaut notice, upon :-;turn request of Merrill Lynch
and us, Trustee may consent to the making of ally map or plat of (be Property, join in granting any easenxni on site
Proprny, join In any subordinaiponor other agrconent alfccling (his Deed of Trust, or reconvey, without warranty,
all or army part of the Properly.
18. PCgo veyetsee t)ptnl payment of all slims secured by this Deed of Trail, the fulfillment of all obligations
under the Agreement, aad scmilnatlon of the Account, Merrill Lynch shall request Trustee to recn-tvey the Property
and shall surrender this Dxd of Trial pod the Agreement to du• Truste0, Trustee shall cancel the Agreement and
rcconvey the Property without warranty to the person at persons Icgally entitled thcrctn, If request0d by Merrill
I.ynch, we shalt pay Merrill Lynch a fee for the prcparadon of any rcconveyance or satisfaction document And shall
pay all costs associated Willi the rcconveyance or suisfacton Including the cost of recordation andror all of
Trustee's costs, if any.
19. ,tiuh%gtule'1'rpsttx, Merrill Lynch, at Merrill Lyuich'0 option, may [tons flnsc to fint0 remove Trustee and
appoint if successor niistce to any Trustee appointed under this Deed of Trust by At) insinnoem executed and
acknowledged by Mvidil Lynch and recotdcd in Ito office of the register of deeds of coomy where the Pmperty Is
located. The Instrument shall contain our names and the name of McrfM lynch Arid the original Ttusice, the book
and page where 11113 Deed of Trust Is recorded and the name and address of the successor tsusiee. The sucoessor
trustee shall, without conveyance of file Property, succcetl 10 all file tide, estate, powers and duties conferred upon
the Tnufce In ibis Accd of Trust and by applicablt: law. 71113 pracetlure rot substitution of tntslce shall govern 10
she exclusion of all other provisions for substitution.
20.ltfyucst foe Nnt Merrill Lynch requests that cop!e3 of notices of default and sale from the holder of
any licit which has priority over this Decd of Trust be sent to Merrill I.yrith c/o hterr ll Lynch Credil Corparatton at
P.O. flux 45151, Jacksonville, Plorida 32232.
21.1sict-r n a jfq-U a T Vni t All of die terms, conditions and provisions of Elie Agreement are Incorporalcd by
this reference Into ibis Deed of Trust as ID Included In this Decd of Trust itself.
22. ;1'[me n Ns n c Time Is of the essence In this DOed of Trust.
23. dy,Dpal�innnlydM For purposes of this Dwd ofTrust and the Agreemenl, Merrill Lynch don not receive
actual knowledge of Information required to be conveyed to Merrill Lynch in wrlling by us until (he date of actual
receipt of such Information at Ito oddreis for notice% Willed In paragraph I I above. Such date shall be
conclusivcly d0tenulocd by referenco to Ih0 return receipt In our posscsslon. If such return reeeipl b not avaltable,
such date shall be conclusively determined by reference to the 'Received' date xlamped on such written notice by
Merrill Lynch of Merrill Lynch's agent. With regard to other events or information not provided by us under the
Credit Documents. Morrill Lynch will be doomed to have actual, knowledge of such event at Information as of the
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mo c hNcnn. wrinran-
date Merrill Lynch roxives a written notice of such event or fnfornulion from a source Merlin i,yncb reasonably
belirvas to be tollhhle, rneludhsg but not Ilmlled Co. a tarn or other govetmixntal agency, 1Ar1110 011AI ItIOM of
title enmpany. 'rho actual date of receipt shall be detennlucd by rckrenct to the 'Rectivcil' data ttansprsl oil Ruch
wrilk.1 notice by Martin I.yoch of Mestiil 1- yach's agent.
2d. 'JIM 14010 laws now In force for the taxation of deeds irf trust, rat the debts they secure, or the mmacr of
operadonof such taxes, change (n any way after the chic of this Chad of Truss so AR w affect the Interest of Merrill
Lynch, then we shall pay the full Antolini of such taxes.
13. �,Q[ { {({}qp, In any cull to invoke the power of sale under this Dced of Trust or Cnfnrco any
urhor remedy of Merrill L):'!ch under the Credit d)oettnetRS (I ere shall he allowed and Included, to the CA(unt
permitted by law, As sddhionai indebtedness In the judgttram or decree, all coin costa and out-of-pocket
disbursements Rod all exiscadItusu And expenses which may bra paid or Incurred by Merrill Lynch or on Merrill
Lynch's behalf for attorneys' fees, appr "itcra' fees, outlays for documentary and expert evidence, stenographers'
charges, publication costs, survey costs, and costs (which tiny be estimated As to Items to Ise expended after entry of
the decree) of procuring ail abstracts of title, title searches and exuntnatlom, title Insurance policies, and similar
data and Assurances with respect to title As Merrill Lynch MAY consider tcasonabiy P"CS$Ary tlthtr to prosecult
such %ult or to evidence to bidders At any sale which may be had pursuam to such decree the true condition of tile
[lilt to or value of the Property, All such expenditures and expenses, And those that may be Incurred in the
protection of the Property and the maintenance of IN lien of this Eked of?msl, Including that fees of any Auortity,
employed by Merrill lynch In any 1111g4Uon or proceeding affecting this Dow of Trust, the Agreement or the
Property or In preparation for ilia Conuntneement or defemt of any proceeding or threatened suit or proceeding,
shall be Immediately date and payable by us, with Interest At tae Interest rate payable under the Agreement.
26, VrjJlfiL.,5fllflptf'llfls Within rive (11 calendar days upon request In person or within in (10) caltndAr days
upon request by mall, we will rumish it written statement duly Acknowledged of ilia amtum due on this Recd or
Trust And whether any offsets or defenses exist against the debt secured by this Iktd of Trust.
37. Zia Substances We sha11 not cause or rmi( the reserve, use, dh sal, storage. or release of an
Ji 1!I'tEPtsS• a pe p Vo B . Y
1s 11azardou Substances on or in the Property, Wu shall not do, nor allow anyone else to do. Anything affecting the
Property that Is in violation of an) Privironnrntat l.asv. The preceding Iw•o WrACM s shall not apply (o the
presence, use, orsmoragootlthe Property ofamail quanilsksof Ilarardous SubsrsnnccilliAt arc senarslly rtcognlzcd Lobe
approprlstC to nominal residential uses and to maintenance of the Property.
We shall promptly give Merrill Lynch written notice of Any invcstipatlon, claim, demand, lawsuit or other action by t
any govemilsenlAl or regulatory agency or private party Involving the Property and Any Hayardous Substance or i
Filvdronrocntal raw of which we have actual knavledgo. if the cairn, or we rained by wiy gavtrnnrofm or
regulatory Authority, that any removal or other rosin tlon of MAY Hayardous Substance Affecting ilia property Is
necessary, we shall promptly take all necessary remedial Actions In tcceirdance with Environmental raw.
As used In this paragraph 27,'H aaardous SubslAnocs' etc those subslsnces defsrsed Ai toxic or hazardous substances by
rnviromtxtital lAw And the following substances: gasoline, kerosene, other ilamrnAbie or toxin. petroleum products,
toxic pesticldts Mme herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
inalerl,ds. As used in this paragraph 27 '11nvironmental law` means federal laws And Iawa of the jurisdiction
where the Property Is located that «Ixte to health, safety or anvironmemal prMtgion.
By signing ihisjaead of Trust, we Agree to all of the above.
sally 110
Alolt s7. alien y B
ORARTOR ORAMP.
QRAVIOR ORAtiT'OR
WITNESS r T'
WITNESS: MOMAOOR
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on title,' 7ay of f 4'_, in the
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known o identi[ identi[ied to m"
per aor� whose name In aubaox
Nitl oiitstramsnt.Andaoknd
— GTATY. OF NA'.IfIx MOM, COUNTY
On thin______day of , in the
year of 19____, betoro me
{Name and quality of o.ficerl
personally appeared,,
known or identified to me to 6ft the
person whoa" name is subtsaribed to the
withininstxument ,andaoknowledgedtome
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9TATA OF WAIStIMOTON, COUNTY ON
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On this.,, .,day of— _.._..., in thu
year of 19—.., before mo
Nam" and quality otof attic "r)�'��
personally appeared____,-__,_ -
known or i,inntSCtw,1 rr, ;;;—t6 be the
person whose name is subscribed to rha
�+ithi» instrument ,xndneknowlodgattt.ome
that (0 he executed the same.
CTATK OF WASHINGTON, COUNTY OF
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on thia_•_day of,..,,,,,,,„_.,^,, in the
year of 19—, before the
(Name and quality of officer)
personally appeared
known or identified to me to be the
person whose name ie subsoribed to the
withininctrument ,andacknowiadgedtome
that ts)he executed the same.
REQUEST FOR FULL RECONVEYANCE
ty TOTRU.STFVF
The undersigned Is the holder of the AErcornent enured by this need of Ttusl. Said Adreernent, t"goher with
all other Indebtedness secured by this Ihed of Trust, has been paid in full. You are hereby directed to esncel said
Agreenvit and this Deed of Tait, which rue dellvered hereby, mid to recontcy, without warranty. all the Wait
now held by you under thh Acuff of Trust to the person or persons legally entitled theuto.
Dated, - --
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Deed of Trim
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Harrill Lynch sank i Truet Co.
MUM BY MRI1, Tot
Morrill Lynch sank i Trust Co.
0/0 Merrill Lynch Cradic Corpovwtfo»
P.O. sox 16131
JACkeonVilln, Florida 12234
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1RI�COEWkA VNDNX RKC010two NO, 24001*01 i
d XIVATZ IN TWX COUM4'Y Or XJMa, SUM OF WAlNINTON.
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Public Record
Return To:
Freedom Mortgage Corporation
Attn: Final Documents
P.O. Box 8001
Fishers, IN 46038 -8001
K(xfC4 -% fiehitny
2009052300031 7.001
I
I
20090923000317 �
PRGE -001 OF 019 81.00
09/23/2008 09:42
KING COUNTY, 4fA
t? ► 0 001958
pCH c OT so."
K NO 0921YNA1
Assessor's Parcel or Account Number: 092105915802
Abbreviated Legal Description:A PORTION OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9- 21°-5.
[include tot, block and plat or section, township and range] Full legal description located on page 3,
Trustee: CHICAGO TITLE INSURANCE COMPANY
Additional Grantees located on page
-- [Space Above This Line For Roding Data]
t r � D/ Row
dins
OF TRUST
MIN 1000730-00834335-73-9
19P0s 46�_
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used In this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated June 3, 2009
together with all Riders to this document.
(13) "Borrower" is William Goodwin, an unmarried man.
Le9�Y.
Borrower is the trustor under this Security Instrument.
(C) "Lender "is Freedom Mortgage Corporation
64004507 0083433573
WASHINGTON- Single Family- Fannie MaelFreddle Mae UNIFORM INSTRUMENT WITH MEFS Form 3048 1/01
ya- - 6A(WA) (0811)
Page 1
of 15 Inittat I
VMP Mortgage Solutions, tnc. tl IjI
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20090923000317.002
Lender is a corporation
organized and existing under the laws of The State of New Jersey
Lender's address Is 907 Pleasant Valley Av Ste 3, Mount Laurel, NJ 08054
(D) "Trustee" is CHICAGO TITLE INSURANCE COMPANY
(E) "MERS" Is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary
under this Socurity Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS.
(F) "Nato" means the promissory note signed by Borrower and dated June 3, 2009
The Note states that Borrower owes Lender Three Hundred Thirty Seven Thousand Five
Hundred and 00/100 Dollars
(U.S. $ 337, 500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than Ju 1 y 1, 2 03 9
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(H) "Loan" means the debt evidenced by the Note, plus Interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus Interest.
(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable[:
Adjustable Rate Rider o Condominium Rider ❑ Second }Tome Rider
Balloon Rider ❑ Planned Unit Development Rider ® 1 -4 Family Rider
(7 VA Rider 0 Biweekly Payment Rider Other(s) [specify]
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non - appealable Judicial opinions.
(Ii) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(M) "Escrow Items" means those Items that are described In Section 3.
(N) "Miscethmoous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (Ii) condemnation or other taking of all or any part of the
Property: (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and /or condition of the Property.
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan,
(P) "Periodic Payment" means the regularly scheduled amount due for (I) principal and interest under the
Note, plus (fl) any amounts under Section 3 of this Security Instrument.
64004507 0083433573
WASHINGTON- Singta Family- Fannie MWFraddia Mac UNIFORM INSMMBVT WtTM�
l�- 8A(WA) (0811) Page 2 of 15 Initials � H Forum 3048 1/01
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20090923000317.003
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
Implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are Imposed In regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(R) "Suoc esaor In Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's
successors and assigns) and the successors and assigns of MFRS. This Security Instrument secures to
Lender: (f) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii)
the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For
this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the
following described property located in the County (Type of Recording Jurisdictioal
of King (Name orRecocding Jurlsdicuoal :
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Parcel ID Number: 092105915802 which currently has the address of
30605 132nd Ave SE Ist"I
Auburn. (City) , Washington 98092 1z1pCode)
( "Property Address "):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower In this Security Instrument, but, If necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any
or all of those Interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender Including, but not limited to, releasing and canceling this Security
Instrument.
BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances
64004507 0083433573
WASHINGTON-Single Family-Fannie MWFreddie Mau UNIFORM INSTRUMENT WITIJ MERS
Q - GA(WA) (0811) Page 3 of 15 initials. Form 9048 1101
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0 0
20090923000317.004
of record. Borrower warrants and will defend generally the title to the Property against all claims and
demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3, Payments due under the Note and this Security Instrument shall be made In U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are Insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15,
Lender may return any payment or partial payment if the payment or partial payments are Insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the loan
current, without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unappiied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower, If not applied earlier, such funds will he applied to the outstanding
principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds, Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid In full. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described In the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all Insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
64004507 0093433573
WASHINGTON- Single Family,Fannie Mae/Freddie Mac UNIFORM INSTWMENT WITH MERS
- 6A(WA) (0611) Page 4 of 15 Initials: V J Form 3046 1/01
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20090923000317.005
Association .Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender ail notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
In writing. In die event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"
Is used in Section 9. If Borrower Is obligated. to pay Escrow Items. directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given In
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
Instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement Is made in writing
or Applicable Law requires interest to be paid on the Funds; Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to
Borrower for the excess funds In accordance with RESPA. If there is a shortage of Funds held In escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to, make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there Is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but In no more than IZ monthly payments.
Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any, To
the extent that these Items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
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Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees In writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which In Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory. to Lender subordinating
The lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice Identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above In this Section 4.
Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or
reporting service used by Lender In connection with this Loan.
S. Property Insurances. Borrower shall keep the Improvements now existing or hereafter erected on
the Property Insured against loss by lire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods„ for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone
determination, certification and tracking services; or (b) a one -time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification, Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage, Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity In the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the. Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
In writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
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hold such Insurance proceeds until lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any
Interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair Is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such Insurance proceeds shall be applied In the order provided for In
Section 2.
If Borrower abandons the Property, lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day
period will begin when the notice is given. In either event, or If Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or [his Security Instrument, whether or not then due,
6. occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections, Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property If damaged to avoid further deterioration or damage. If Insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Properly only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work Is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shalt be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent• gave materially false, misleading, or inaccurate Information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
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9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's Interest In the Property and /or rights under
this Security Instrument (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest In the Property and rights under this Security
Instrument, Including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing In court; and (c) paying reasonable
attorneys' fees to protect its Interest in the Property and /or rights under this Security Instrument, including
Its secured position in a bankruptcy proceeding. Securing the Property Includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It Is agreed that Lender Incurs no liability for not taking any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. 'These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is an a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage Insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non - refundable lass reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non - refundable, notwithstanding the fact that the Loan Is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination Is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may Incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance In force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are an terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer la make payments using any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
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As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage Insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the Insurer's risk in exchange for a share of the
premiums paid to the Insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agrmments will not increase the amount
Borrower will owe for Mortgage Insurano- , and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any . with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive curtain disclosures, to request and obtain cancellation of the
Mortgago Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the timo of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or In a series of progress payments as the work Is
completed, Unless an agreement is made In writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair Is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property In which the fair market
value of the Property Immediately before the partial taking, destruction, or loss In value is equal to or
greater than the amount of the sums secured by this Security instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following friction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
Immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss In value of the Property in which the fair market
value of the Property Immediately before the partial taking, destruction, or loss In value is less than the
amount of the sums secured Immediately before the partial taking, destruction, or loss In value, unless
Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security instrument whether or not the sums are then due.
If the Property Is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
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Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided In Section 19, by causing die action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied In the order provided for in Section 2.
12, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Sucoessors and .Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) Is co- signing this
Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the
terms of this Security Instrument: (b) is not personally obligated to pay the sums secured by this Security
Instrument: and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co- signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release In
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed In connection with
Borrower's default, for the purpose of protecting Lender's Interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally Interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notim. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower In connection with this Security instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
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notice address If sent by other means. Notice to any one Burrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall he the Property Address
unless Borrower has designated a substitute notice address by notice to Lender, Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time, Any
notice to Lender shall be given by delivering it or by mailing It by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
Ib, Governing Law; SeverabilEty; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property Is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might he silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used In this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17, Borrower's Copy. Borrower shall he given one copy of tine Note and of this Security Instrument,
18. Transfer of the Property or a Bcneficlat Interest in Borrower. As used In this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Properly, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the Intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice Is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as If no acceleration had occo red: (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees Incurred for the
purpose of protecting Lender's interest In the Property and rights under this Security Instrument: and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Properly and
rights under this Security instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the fallowing forms, as selected by Lender: (a) cash; (b) money order; (c)
64004507 0083433573
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t0 - BA(WA) (0811) Page 11 or 15 Initials. Form 3048 1101
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certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, Instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20, Sale of Note; Change of Loan Servicer; notice of Grievance. The Note or a partial interest In
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of (he Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of (he
new Loan Servicer, the address to which payments should be made and any other Information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
Individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, (his Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substanom As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property Is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow, anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited lo, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party Involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
64004507 0083433573
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- 8A(WA) (08 11) Page 12 of 15 Inivals:j I Form 3049 1 /01
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20090923000317.013
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remedladon
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions In accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Leander shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)
the default; (b) the action required to cure the default; (c) It date, not less than 30 days from the date
the notice is given to Borrower, by which the default must be cured; and (d) that failure to curt the
default on or before the date specified in the notice may result in acceleration of the sums secured by
this Security Instrument and sale of the Property at public auction at a date not leas than 120 days in
the future. The notice shall farther inform Borrower of the right to reinstate after acceleration, the
right to bring a court action to assert the non- exWence of a default or any other defense of Borrower
to acceleration and sale, and any other matters required to be included in the notice by Applicable
Law, If the default is not cured on or before the date specified in the notice, Lender at its option,
may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may invoice the power of sale and/or any other remedies• permitted by
Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this Sedion 22, including, but not limited to, reasonable attorneys' fees and costs of title
evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the
occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee
and Lender shall take such action regarding notice of sale and shall give such notices to Borrower
and to other persons as Applicable Law may require. After the time required by Applicable Law and
after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property
at public auction to the highest bidder at the time and place and under the terms designatcd,in the
notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale
of the Property for a period or periods permitted by Applicable Law by public announcement at the
time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any
Sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any
covenant or warranty, expressed or implied. The recitals In the Trustee's deed shall be prima facie
evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in
the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's
and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the
person or persons legally entitled to It or to the clerk of the superior court of the county in which the
sale took place.
23. R+oconveyance, Upon payment of all sums secured by this Security Instrument, Lender shall
request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes
evidencing debt secured by this Security Instrument to Trustee, Trustee shall reconvey the Property
without warranty to the person or persons legally entitled to it. Such person or persons shall pay any
recordation costs and the Trustee's fee for preparing the reconveyance.
24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint
a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the
Property, the successor trustee shall succeed to all the tide, power and duties conferred upon Trustee
herein and by Applicable Law.
64004507 0083433573
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25, Use of Property. The Property Is not used principally for agricultural purposes.
26. Attorneys' Fm. Lender shall be entitled to recover its reasonable attorneys' fees and costs In
any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys'
fees," whenever used in this Security lnstrument, shall Include without limitation attorneys' fees incurred
by Lender in any bankruptcy proceeding or on appeal.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW.
BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained In this
Security Instrument and in any Rider executed by Borrower and recorded with it.
WItnesses:
_ (Seal)
- .Borrower
_ (Seal)
- Borrower
_ (Seal)
- Borrower
William Goodwin
_ (Seat)
- Borrower
_ (Seal)
- Borrower
_ (Seal)
- Borrower
- (Seal)
Borrower
(Seal)
- Borrower
64004507 0083433573
WASHINGTON-Single Family - Fannie Mea/Freddle Mae UNIFOf W INSTRUMENT WITH MFRS
i�- GA(WA) (0811) Page 14 of 15 Forth 3048 1/01
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20090923000317.015
STATE OF WASHINGTON
County of King
On this day personally appeared before me
wt �(, �,"- 9--ODJD)� V�
to me known to be th ividual(s) described in an executed the within and foregoing instrument,
avid acknowledged 11 he/they signed the same a er /their free and voluntary act and deed, for the
uses and purposes therein mentioned,
GIVEN under my hand and official seat this �_,� day of J
�`\``,e \r \N1lt11htttl ✓
ZIPru4tic in and for d,e State of Washington, residing at
�4-15• ointment Expires on (✓} 1�
t4t%h%Wh�.5�y
tf tfill �Q1
64004507 0083433573
WASHINGTON - Single FarrityFortnie Mae/Freddle Mae UNIFORM INSTRUMB4T
- tiA(WA) (0811) Page 15 of 15 Initials: Form 3040 1101
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20090923000317.016
1 -4 FAMILY RIDER
(Assignment of Rents)
THIS 1 -4 FAMILY RIDER is made this 3rd day of June, 2009 ,
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed
of Trust, or Security Deed (the "Security Instrument ") of the same date given by the
undersigned (the "Borrower ") to secure Borrower's Note to Freedom Mortgage
Corporation
(the
"Lender ") of the same date and covering the Property described in the Security Instrument
and located at: 30605 132nd 'Ave SE
Auburn, WA 98092
(Property Address)
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to
the Property described in the Security Instrument, the following items now or hereafter
attached to the Property to the extent they are fixtures are added to the Property description,
and shall also constitute the Property covered by the Security Instrument: building materials,
appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or
intended to be used in connection with the Property, including, but not limited to, those for
the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light,
fire prevention and extinguishing apparatus, security and access control apparatus, plumbing,
bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers,
disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades,
curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings,
all of which, including replacements and additions thereto, shall be deemed to be and remain
a part of the Property covered by the Security Instrument. All of the foregoing together with
the Property described in the Security Instrument (or the leasehold estate if the Security
Instrument is on a leasehold) are referred to in this 1 -4 Family Rider and the Security
Instrument as the "Property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or
make a change in the use of the Property or its zoning classification, unless Lender has
agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations
and requirements of any governmental body applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow
any lien inferior to the Security Instrument to be perfected against the Property without
Lender's prior written permission.
D. RENT LOSS INSURANCE Borrower shall maintain insurance against rent loss in
addition to the other hazards for which insurance is required by Section 5.
MULTISTATE 1- 4 FAMILY RIDER - Fannie M"Froddie Marc UNIFORM INSTRUMENT
Form 3170 1101
64004508 0083433573
Wolters Kluwer Financial Services
VMP 0- 57R(0811)
Page 1 of 3 Initials: VI--b
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20090923000317.017
E "BORROWERS RIGHT TO REINSTATE" DELETE?, Section 19 is deleted.
F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing,
Section 6 concerning Borrower's occupancy of the Property is deleted.
G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign
to Lender all leases of the Property and all security deposits made in connection with leases
of the Property. Upon the assignment, Lender shall have the right to modify, extend or
terminate the existing leases and to execute new leases, in Lender s sole discretion. As used
in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a
leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and
revenues ( "Rents ") of the Property, regardless of to whom the Rents of the Property are
payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that
each tenant of the Property shall pay the Rents to Lender or Lender's agents. However,
Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default
pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the
tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents
constitutes an absolute assignment and not an assignment for additional security only.
If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be
held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured
by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents
of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due
and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv)
unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents
shall be applied first to the costs of taking control of and managing the Property and
collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums
on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments
and other charges on the Property, and then to the sums secured by the Security Instrument;
(v) Lender, Lender's agents or any Judiciali appointed receiver shall be liable to account for
only those Rents actually receive; and TO Lender shall be entitled to have a receiver
appointed to take possession of and manage the Property and collect the Rents and profits
derived from the Property without any showing as to the inadequacy of the Property as
security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and
managing the Property and of 'collecting the Rents any funds expended by Lender for such
purposes shall become indebtedness of Borrower to Lender secured by the Security
Instrument pursuant to Section 9.
Borrower represents and warrants that Borrower has not executed any prior assignment
of the Rents and has not performed, and will not perform, any act that would prevent Lender
from exercising its rights under this paragraph.
Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter
upon, take control of or maintain the Property before or after giving notice or default to
Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so
at any time when a default occurs. Any application of Rents shall not cure or waive any
default or invalidate any other right or remedy of Lender, This assignment of Rents of the
Property shall terminate when all the sums secured by the Security Instrument are paid in full.
I. CROSS - DEFAULT PROVISION. Borrower's default or breach under any note or
agreement in which Lender has an interest shall be a breach under the Security Instrument
and Lender may Invoke any of the remedies permitted by the Security Instrument.
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VMP a' -57R (0811) Page 2 of 3 Initials :W, Form 3170 1/01
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20090923000317.018
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
in this 1 -4 Family Rider.
William Goodwin
— (Sea!)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
— (Seal)
- Borrower
_, (Seal)
- Borrower
— (Seal)
- Borrower
_._ (Seal)
- Borrower
69009508 0083933573
MULTISTATE 1- 4 FAMILY RIDER - Fannie MaelFreddie Mac UNIFORM INSTRUMENT
VMP v -57R (0811) Page 3 of 3 Farm 3170 1/01
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I ran a V. c i P PrIMPM, 41711 _
1
(19
20090923000317.019
CHICAGO TITLE INSURANCE COMPANY
A..L.T..A. COIvU4n1 Wr
SCHEDULE A
(Continued)
Order No,: 1282957
Your No.: GOODWIN REFI .
LEGAL ]DESCRIPTION EXMRIT
(Paragraph 4 of Schedule A continuation)
THE NORTH HALF OF THE NORTH HALF OF THE SOU'T'H HALF OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH,
RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
EXCEPT THAI' PORTION CONVEYED TO KING COUN'T'Y FOR ROAD PURPOSES BY DEED
RECORDED UNDER RECORDING NUMBER 2680899:
AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY WARRANTY DEED
RECORDED UNDER RECORDING NUMBER 95062014B9.
CLTnC1.Nr(8gn/yN1
Public Record
C
Return To:
Freedom Mortgage Corporation
Attn: Final Documents
P,O, Box 8001
Fishers, IN 46038 -8Q01
20090609001958.001
Assessor's Parcel or Account Number, 092105915802
Abbreviated Legal Description:A PORTION OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9- 21.5.
jtnciudo lot, block and plat or section, township and rangol Full legal description located on page 3,
Trustee: CHICAGO TITLE INSURANCE COMPANY
Additional Grantees located on page
[Spat* Abovo This Lino For Recording Data]
DEED OF TRUST
MIN 1000730-0083433573-9
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of wards used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated dune 3, 2009
together with all Riders to this document.
(9) "Borrower "is William Goodwin, an unmarried man.
Borrower is the trustor under this security instrument.
(C) "Lender "is Freedom Mortgage Corporation
64004507 0083433573
WASHINOTON- Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MFRS Form 3048 1/01
+�- 6A(WA) (0811)
Wage 1 or 15 Initials; 1 �IIIB� lNlll �I I�IIIlIII l�lf 10�f
VMP Mortgage Solutions, Inc.
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0
20090609001958.002
Lender is a Corporation
organized and existing under the laws of The State of New Jersey
Lender's address is 907 Pleasant Valley Av Ste 3, Mount Laurel, NJ 08054
(ii) "Trustee" is CHICAGO TITLE INSURANCE COMPANY
(E) "MERE" is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS.
(P) "Vote" means the promissory note signed by Borrower and dated ,Tune 3, 2009
The Note states that Borrower owes Lender Three Hundred Thirty Seven Thousand Five
Hundred and 00/100 Dollars
M.5. $ 337, 500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than July 1, 2039
(0) "Property" means the property that Is described 'below under the heading "Transfer of Rights in the
Property."
(FI) "Loan" means the debt evidenced by the Note, plus Interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(t) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower (check box as applicable]:
(J Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
CJ Balloon Rider (, Planned Unit Development Rider ® 1 -4 Family Rider
E3 VA Rider ❑ Biweekly Payment Rider 0 Others) [specify]
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have tire effect of law) as well as all applicable final,
non - appealable judicial opinions,
(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(L) "Electronic Funds 'Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper Instrument, which is initiated through an electronic terminal, telephonic
Instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial Institution to debit
or credit an account, Such term Includes, but Is not limited to, point -of -sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(M) "Escrow Items" means those Items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (lit) conveyance in lieu of condemnation; or (Iv) misrepresentations of, or omissions as to, the
value and /or condition of the Property.
(0) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of, or default on,
the Loan,
(P) "Periodic Payment" means the regularly scheduled amount due for (1) principal and Interest under the
Dote, plus (ii) any amounts under Section 3 of this Security Instrument.
64004507 0083433573
WASHINGTON- Single Family-Fannie Mae/Reddte Mac UNIFORM INSTRUMENT WITH M
dft - 6A(WA) (0811) Pago 2 of 15 Inttlalsf Form 3048 1101
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(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S,C, Section 2601 et seq.) and Its
Implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even If the .Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and /or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's
successors and assigns) and the successors and assigns of MFRS. This Security Instrument secures to
Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ti)
the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For
this purpose, Borrower irrevocably grants and convoys to Trustee, in trus(, with power of sale, the
following described property located in the County (Type of Recording Jurisdiction)
of King )Name of Recording Jurisdiction) :
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Parcel ID Number: 092105915802 which currently has the address of
30605 132nd Ave SE )Street)
Auburn (City) , Washington 98092 [Zip Code)
( "Property Address "):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of flue property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property," Borrower understands and agrees that MFRS holds only legal title
to the interests granted by Borrower In this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property Is unencumbered, except for encumbrances
64004507 0083433573
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0
20080608001568.004
of record. Borrower warrants and will defend generally the title to the Property against all claims and
demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform
covenants with limited variadous by jurisdiction to constitute a uniform security Instrument covering real
property.
UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and Interest on, the debt evidenced by die Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3, Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, If any check or other instrument received by Lender as payment under the Note or this
Security Instrument Is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made In one or more of the following forms, as
selected by fender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an Institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current, Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment Is applied as of its scheduled due date, then Lender need not pay
interest on unappiied funds, Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument,
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority, (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid in full, To the extent that any excess exists after (lie payment is applied to (fie full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described In the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments,
3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note Is paid In full, a sum (the "Funds ") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums For any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
69004507 0083433573
WASHINGTON- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH VERB
- 9A(WA) (0811) Page 4 of 16 Initials; W Form $048 1101
Order; 6598 -06 Doc: KC:2009 20090609001958 Page 4 of 18 Created By: sholstine Printed: 12/30/2013 4 :24:25 PM PST
2009060900') 968.005
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time, Any such waiver may only be
In writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"
Is used In Section 9. If Borrower Is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount, Lender may revoke (lie waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and In
such amounts, that are (lion required under this Section 3,
Lender may, at any time, collect and hold Funds In an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a tender can
require under RESPA. Lender shall estimate the amount of Funds due on (lie basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law,
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an Institution whose deposits are so insured) or In
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge, Unless an agreement is made in writing
or Applicable Law requires Interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that Interest
shall be paid on the Funds, Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but In no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender,
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, If any, To
the extent that these Items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
64004507 0083433573
WASHINOTON•Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT W F72S
dft - 6A(WA) (0811) Page 5 of 15 Initial Form $048 1101
Order: 6598 -06 Doc: KC:2009 20090609001958 Page 5 of 18 Created By: sholstine Printed: 12/30/2013 4:24:25 PM PST
0
20090609001958.006
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien In good faith
by, or defends against enforcement of the lien In, legal proceedings which In Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in Ails Section 4.
Lender may require Borrower to pay a one -time charge for a real estate tax verification and /or
reporting service used by Lender in connection with this Loan,
S. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by tire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone
determination, certification and tracking services; or (b) a one -time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification, Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender Is under no obligation to purchase any
particular type or amount of coverage, Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
Insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by tlds Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and /or as an additional loss payee. Lender shall have tie right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices, If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and /or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss If not made promptly by Borrower. finless Lender and Borrower otherwise agree
In writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security Is not lessened, During such repair and restoration period, Lender shall have the right to
64009507 0083933573
WASHINGTON-Single ramilyFannie Mae/Freddie Mae UNIFORA INSTRUMENT WITHMERS
io 6A(WA) (08 11) Page 6 of IS Initials: ((�a11"CJJ Form 3848 1/01
Order: 6598 -06 Doc: KC:2009 20090609001958 Page 6 of 18 Created By: sholstine printed: 12/30/2013 4:24:25 PM PST
n
20090609001958.007
hold such insurance proceeds until Lender has had an opportunity to Inspect such Properly to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly, Lender may disburse proceeds for the repairs and restoration in a single payment or In a series
of progress payments as (fie work Is completed. Unless an agreement is made in writing or Applicable Law
requires Interest to be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any
Interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the Insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may tile, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
Insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day
period will begin when the notice Is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, Insofar as such rights are applicable to the
coverage of the Property. Lender may use the Insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or Uuis Security Instrument, whether or not then due.
6. Ocoupanoy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Proteotion of the Property; Inspect €ons, Borrower shall not
destroy, damage or Impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition, Unless It is
determined pursuant to Section 5 that repair or restoration Is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work Is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration,
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may Inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an Interior Inspection specifying such reasonable cause.
B. Borrower's Loan Application. Borrower shall be in default If, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) In connection with the Loan. Material
representations Include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
64004507 00834335'73
WASHINGTON-Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT WITH ERS
tt- eA(WA) (0811) Page 7 of 15 Initials: Form 3048 1 /e1
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1]
20090609001968.008
9. Protection of Lender's Interest in. the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest In the Property and /or rlghis under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and /or assessing the value of the Property, and securing and /or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and /or rights under this Security Instrument, Including
Its secured position In a bankruptcy proceeding, Securing the Property includes, but Is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off, Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger In writing,
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortggage Insurance in effect, If, for any reason,
the Mortgage Insurance coverage required by Lander ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shat} pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent Io the cost to Harrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender, If substantially equivalent Mortgage Insurance coverage is not
avai]able, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender wi11 accept, use and retain these
payments as a non - refundable Iris reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non- refundable, notwithstanding the fact that the Loan Is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve, Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (In the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non refundable loss reserve, until lender's
requirement for Mortgage Insurance ends In accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Scctian I O affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower dons not repay Ohs Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage Insurers evaluate their total risk on all such Insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses, These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may Include funds obtained from Mortgage
Insurance premiums),
64004507 0083433573
WASHINGTON-Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH fyBiS
- 8A(WA) (0811) Page 8 of 16 Initials: 64,hV Form 3048 1101
Order: 6598 -06 Doc: KC:2009 20090609001958 Page 8 of 18 Created By: shoistine Printed: 12/30/2013 4:24:25 PM PST
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20090609001958.009
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the Insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement Is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Fdrfeiture, All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work Is
completed, Unless an agreement Is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss to value, Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured Immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action In
regard to Miscellaneous Proceeds.
64004507 0083433573
WASHINGTON•Sfngfe Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMEW WITH WRS
t - 6A(WA) (0811) Page 9 of 15 initials: W1451 Form 3048 1101
Order: 6598 -06 Doc: KC:2009 20090609001958 Page 9 of 18 Created By: sholstine Printed: 12 /30/2013 4:24:25 PM PST
0
20090609001868.010
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result In forfeiture of the Property or other material impairment of Lender's
Interest In the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, In Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the Impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiv", Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower, Any forbearance by Lender in exercising any right or
remedy Including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors In Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy,
13, Joint and Several Liability; Co- signers; Successors and .Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. however, any Borrower who
co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this
Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the
terms of this Security Instrument, (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co- signer's consent.
Subject to the provisions of Section 18, any Successor In Interest of Borrower who assumes
Borrower's obligations under this Security Instrument In writing, and Is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing, The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges, Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's Interest In the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property Inspection and valuation fees,
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law,
If the Loan is subject to a law which sets maximum loan charges, and that law is finally Interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then; (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any stuns already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower, If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note), Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices, All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing, Any notice to Borrower In connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
64004507 0083433573
WASHINGTON- Single Family- Fannie Mae /Freddie Mao UNIFORA INSTRUMENT WITRYERB
- 6A(WA) (0811) Page 10 of 15 Initlal V Form 3048 1 /01
OP
Order: 6598 -06 Doc: KC:2009 20090609001958 Page 10 of 18 Created By: shoistine Printed: 12/30/2013 4:24:25 PM PST
20090609001868,011
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise, The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender, Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time, Any
notice to Lender shall be given by delivering It or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower, Any notice In
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument Is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16, Governing Law; Severability; Rules of Construction, This Securl�y Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained In this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or Implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used In this Security Instrument; (a) words of the masculine gender shall mean and Include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17, Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower, As used in this Section 18,
"Interest In the Property" means any legal or beneficial interest in the Property, Including, but not limited
to, those beneficial Interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow a eement, The Intent of which Is the transfer of tide by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the property is sold or transferred (or if Borrower
Is not a natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise Is prohibited by
Applicable .Law.
If bender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Securityy Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower; (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses Incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's Interest In the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: a) cash; (b) money order; (c)
64004507 0083433573
WASHINGTON- Single Family- Fannie Mae/Freddle Mac UNIFORM INSTRUMENT WITH ERR
�-BA(WA) (0811) Page 11 of 16 Initials: U, Form 3048 1101
Order; 6598 -06 Doc: KC:2009 20090609001958 Page 11 of 18 Created By: sholstine Printed: 12/30/2013 4:24:25 PM PST
0 0
20090609001958,012
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as If no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18,
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower, A sale might result in a change in the entity (known as the "Loan Servicer ") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
now Loan Servicer, the address to which payments should be made and any other Information RESPA
requires in connection with a notice of transfer of servicing, if the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
Individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21, Hazardous Substances. As used in this Section 21; (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property Is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property, Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that Is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property, The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer produc(s),
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
64004507 00834$3573
WASHINGTON - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENTW�ITHr ERu
- OA(WA) (08 11) Page 12 of 15 htials:S/"✓u Form 3040 1/01
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0 9
20090609001958.013
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup,
NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)
the default; (b) the action required to cure the default; (c) a date, not Iess than 30 days from the date
the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the
default an or before the date specified In the notice may result in acceleration of the sums secured by
this Security Instrument and sale of the Property at public auction at a date not less than 120 days in
the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the
right to bring a court action to assert the non - existence of a default or any other defense of Borrower
to acceleration and sale, and any other matters required to be included in the notice by Applicable
Law. If the default is not cured on or before the date specified in the notice, Lender at Its option,
may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may invoke the power of sale and/or any other remedies permitted by
Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedles
provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title
evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the
occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee
and Lender shall take such action regarding notice of sale and shall give such notlow to Borrower
and to other persons as Applicable Law may require. After the time required by Applicable Law and
after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property
at public auction to the highest bidder at the time and place and under the terms designated in the
notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale
of the Property for a period or periods permitted by Applicable Law by public announcement at the
time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any
sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any
covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie
evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in
the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's
and attorneys' fees; (b) to all sums secured by this Security Instrument; and (e) any excess to the
person or persons legally entitled to it or to the clerk of the superior court of the county in which the
sale took place.
23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall
request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes
evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property
without warranty to the person or persons legally entitled to It. Such person or persons shall pay any
recordation costs and the Trustee's fee for preparing the reconveyance.
7A. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint
a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the
Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee
herein and by Applicable Law,
69009507 0083933573
WASHINGTON- Single Family- Fannie Mae/Freddle Mao UNIFORM INSTRUMENT WITH MFRS
Q�- 6A(WA) (0811) page 13 of 15 Initials; Vj4j Form 3048 11/09
Order: 6598 -06 Doc: KC:2009 20090609001956 Page 13 of 18 Created By: sholstine Printed: 12/30/2013 4:24:25 PM PST
20090509001968,014
25. Use of Property. The Property Is not used principally for agricultural purposes.
26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs In
any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys'
fees," whenever used in this Security Instrument, shall Include without limitation attorneys' fees Incurred
by Lender In any bankruptcy proceeding or on appeal,
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE I)NDER WASHINGTON LAW.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it,
Witnesses:
W" (Sea])
William Goodwin - Borrower
(seal)
- Borrower
(Seal)
-Borrower
— (Seal)
- Borrower
(Seal)
-Borrower
_ (Seal)
- Borrower
(Seal) (Seal)
- Borrower - Borrower
64004507 0083433573
WASHINGTON- Single Family - Fannie Mae/Freddie Mao UNIFORM INSTRUMENT WITH MERS
- 8A(WA) (08 11) Page 14 of 15 Form 3048 1101
Order: 6598 -06 Doc: KC:2009 20090609001958 Page 14 of 18 Created By: sholstine Printed: 12/30/2013 4:24:25 PM PST
20090609001968.016
STATE OF 'WASHINGTON
County of King as,
On this day personally appeared before me
wl(�k &J I
to me known to be thttitividual(s) described in an
and acknowledged tha h sire /they signed the same a
executed the within and foregoing instrument,
is/ er /their free and voluntary act and deed, for the
uses and purposes tlrere n mentloned.
GIVEN under my hand and official seal this
day of D
N��,����ti�Mtttr��r .
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\
,: .�1��S`pM E�p� i• °jai
r a qr ---0 �"�
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Nota F blblic In and for the State of Washington, residing at
�P I tf {�
Ex ires
qk.�L-
�`'�
aihfinent P on
OF
64004507 0083433573
WASHINGTON- Single Family -Fa nle Mae/i=reddie Mao UNIFORM INSTRUMENT
0VA(WA) (0811) Page 15 of 15 Initials: Forrn 3048 Vol
Order: 6598-06 Doc: KC:2009 20090609001958 Page 15 of 18 Created By: sholstine Printed: 12/30/2013 4:24:25 PM PST
C
1 -4 FAMILY RIDER
(Assignment of Rents)
20090609001958,016
THIS 1.4 FAMILY RIDER is made this 3rd day of June, 2009 ,
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed
of Trust, or Security Deed (the "Security Instrument ") of the same date given by the
undersigned (the "Borrower ") to secure Borrower's Note to Freedom Mortgage
Corporation
(the
"Lender ") of the same date and covering the Property described in the Security Instrument
and located at: 30605 132nd Ave SE
Auburn, WA 98092
[Property Address]
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. in addition to
the Property described In the Security Instrument, the following items now or hereafter
attached to the Property to the extent they are fixtures are added to the Property description,
and shall also constitute the Property covered by the Security Instrument: building materials,
appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or
intended to be used in connection with the Property, including, but not limited to, those for
the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light,
fire prevention and extinguishing apparatus, security and access control apparatus, plumbing,
bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers,
disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades,
curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings,
all of which, Including replacements and additions thereto, shall be deemed to be and remain
a part of the Property covered by the Security Instrument. All of the foregoing together with
the Property described in the Security Instrument (or the leasehold estate if the Security
Instrument is on a leasehold) are referred to in this 1 -4 Family Rider and the Security
Instrument as the "Property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW, Borrower shall not seek, agree to or
make a change In the use of the Property or Its zoning classification, unless Lender has
agreed in writing to the change, Borrower shall comply with all laws, ordinances, regulations
and requirements of any governmental body applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow
any lien inferior to the Security Instrument to be perfected against the Property without
Lender's prior written permission.
D. RENT LOSS INSURANCI= Borrower shall maintain insurance against rent loss in
addition to the other hazards for which insurance is required by Section S.
MULTISTATE 1- 4 FAMILY RIDER- Fannie Mae/Freddle Mac UNIFORM INSTRUMENT
Form 3170 1101
64004508 0083433573
Wolters Kluwer Financial Services
VMP 1a-57R (0811)
Page 1 of 3 Initials: WJ
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n
E
20090609001958.017
I- "BORROWER'S RIGHT TO RBNSTATE" DELETED. Section 19 is deleted,
F. BORROWER'S OCCUPANCY, Unless Lender and Borrower otherwise agree in writing,
Section 6 concerning Borrower's occupancy of the Property is deleted,
G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign
to Lender all leases of the Property and all security deposits made in connection with leases
of the Property. Upon the assignment, Lender shall have the right to modify, extend or
terminate the existing leases and to execute new leases, in Lender's sole discretion. As used
in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a
leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and
revenues ( "Rents ") of the Property, regardless of to whom the Rents of the Property are
payable. Borrower authorizes Lender or tender's agents to collect the Rents, and agrees that
each tenant of the Property shall pay the Rents to Lender or Lender's agents. However,
Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default
pursuant to Section 22 of the Security instrument, and (u) Lender has given native to the
tenant(s) that the Rents are to be paid to Lender or Lender s agent, This assignment of Rents
constitutes an absolute assignment and not an assignment for additional secu% only.
If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be
held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured
by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents
of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due
and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv)
unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents
shall be applied first to the costs of taking control of and managing the Property and
collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums
on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments
and other charges on the Property, and then to the sums secured by the Security Instrument;
(v) Lender, Lender's agents or any J'udiciall appointed receiver shall be liable to account for
only those Rents actually received; and A) Lender shall be entitled to have a receiver
appointed to take possession of and manage the Property and collect the Rents and profits
derived from the Property without any showing as to the inadequacy of the Property as
security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and
managing the Property and of collecting the Rents any funds expended by Lender for such
purposes shall become indebtedness of Borrower to Lender secured by the Security
Instrument pursuant to Section 9.
Borrower represents and warrants that Borrower has not executed any prior assignment
of the Rents and has not performed, and will not perform, any act that would prevent Lender
from exercising its rights under this paragraph,
Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter
upon, take control of or maintain the Property before or after giving notice of default to
Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so
at any time when a default occurs. Any application of Rents shall not cure or waive any
default or invalidate any other right or remedy of Lender. This assignment of Rents of the
Property shall terminate when all the sums secured by the Security Instrument are paid in full.
I. CROSS - DEFAULT PROVISION. Borrower's default or breach under any note or
agreement in which Lender has an interest shall be a breach under the Security Instrument
and Lender may invoke any of the remedies permitted by the Security Instrument.
64004508 0083433573
MULTISTATE 1- 4 FAMILY RIDER - Fannie Mae/Freddie Mac UNIFORM il;d6TRUMEiT
VMP 0 -67R (0811) Page 2 of 3 lnitials:V` Form 3170 1101
Order: 6598 -06 Doc: KC:2009 20090609001958 Page 17 of 18 Created By: sholstine Printed: 12/30/2013 4:24:26 PM PST
20090609001958.018
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
In this 1 -4 Family Rider.
'66 ` (Seal) (Seal)
William Goodwin - Borrower - Borrower
— (Seal) (Seal)
- Borrower -Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
64004508 0083433573
MULTISTATE 1-4 FAMILY RIDER- Fannie Mae/Freddie Mao UNIFORM INSTRUMENT
VMP 0-57R (0811) Page 3 of 3 Form 3170 1/01
Order: 6598 -06 Doc: KC:2009 20090609001958 Page 18 of 18 Created By: sholstine Printed: 12/30/2013 4:24 :26 PM PST
E
After Recording Return To:
BANK OF AMERICA, N.A.
ReoonTrust, Co, N.A., FL9- 700 -04.21
9000 5outhside Blvd., Bldg, 700
Jacksonville, Florida 32256
This Instrument Was Prepared By:
BANK OF AMERICA, N.A.
ReconTrust, Co. N,A., FL9- 700 -04 -21
9000 Southside Blvd., Bldg. 700
Jacksonville, Florida 32256
20131022001172.001
Electronically Recorded
20131022001172
SIMPLIFILE DT 87.00
Page 001 of 015
10/22/2013 01:40
King County, WA
(Space Above This Line For Recording Datal
X� sxel &"X 1
Grantor(s) (Last name first, then first name and initials):
L BOLLES , ALAN W
2, BOLLES , SALLY S
3, 9/27/ M, XPN W 13=, 'IlM�E CF X-PN RNA MY E= MUJUE MM U/A LFYII7U
4, 9/27/2000, LILY' S .>3=, MEM CF XM AD = B= MZAjE ,HM U/A MUD
5.
6.
�} Additional names on page of document,
Grantee(s) (Last name first, then first name and initials):
1. Hank of America, NA
2. RECONTRUST COMPANY, N.A.
3.
4.
s,
6.
C7 Additional names on page of document.
Legal Description (abbreviated: i,e,, lot, block, plat or section, township, range):
5 I/z rS va 5 'i2 C- 1/.2, P C 11/H y
'2 ( cry.. t PCA)e� s fit! {M
Full legal description on page 3 of document.
Assessor's Property Tax Parcel(s) or Account Number(s):
Reference Number(s) Assigned or Released:
[J Additional references on page of document.
ALAN 'W BOusa/995192541616490 _
WASHINGTON HOME EQUITY LINE. OF CREDIT DIED OF TRUST pacNmagla eftma
WAHFSLBOA 07108/13 Page 1 of 13 www,docmaglc,com
Order: Non -Order Search Doc: KC:2013 20131022001172 Page 1 of 15 Created By: zeke.urmston Printed: 12/30/2013 1:03:55 PM PST
20131022001172.002
DEFINITIONS
(A) "Security Instrument" means this document, which is dated OCTOBER 9, 2013
together with all Riders to this document.
(B) 'Borrower" is ALAN W BOLLES, SALLY S BOLLES, ALAN W BOLLES
Trustee of the ALAN AND SALLY BOLLES REVOCABLE TRUST U/A
DATED 9/27/2000, SALLY S BOLLES Trustee of the ALAN AND
SALLY BOLLES REVOCABLE TRUST U/A DATED 9/27/2000
the party or parties who have signed this Security Instrument.
Borrower is the truster under this Security Instrument,
(C) "Lender" is Bank of America, NA
Lender is a NATIONAL BANKING ASSOCIATION organized
and existing under the laws of THE UNITED STATES OF AMERICA
Lender's address is 100 North Tryon Street, Charlotte, North
Carolina 28255
Lender is the beneficiary under this Security Instrument.
(D) "Agreement" means the home Equity Line of Credit Agreement signed by the Borrower.
(E) "Account" means the Home Equity Line of Credit Account pursuant to which the Lender makes
Advances to the Borrower at the Borrower's direction, allowing the Borrower to repay those Advances and
take additional Advances, subject to the terms of the Agreement.
(F) "Credit Limit" means the maximum aggregate amount of principal that maybe secured by this Security
Instrument at anyone time. The Credit Limit is $125,000.00 . Except to the extent
prohibited by Applicable Law, the Credit Limit does not apply to interest, finance charges, and other fees
and charges validly incurred by Borrower under the Agreement and this Security Instrument. The Credit
Limit also does not apply to other advances made under the terms of this Security Instrument to protect
Lender's security and to perform any of the covenants contained in this Security Instrument.
(G) "Account Balance" is the total unpaid principal of the Account, plus earned but unpaid finance
charges, outstanding fees, charges, and costs.
(H) "Maturity Date" Is the date on which the entire Account Balance under the Agreement is due. The
entire Account Balance on your Account, as defined in the Agreement and this Security Instrument, is due
on OCTOBER 9, 2038
(1) 'Troperty" means the Property that is described below under the heading "Transfer of Rights in the
Property."
(J) "Secured Debt" means:
(l) All amounts due under your Account, including principal, interest, finance charges, and other
fees, charges, and costs incurred under the terms of this Security Instrument and all extensions,
modifications, substitutions or renewals thereof.
(2) Any advances made and expenses incurred by Lender under the terms of this Security Instrument.
(K) 'Riders" means all Riders to this Security Instrument that are executed by Borrower, The following
Riders are to be executed by Borrower [check box as applicable]:
❑ 1 -4 Family ❑ Condominium Rider ❑ Escrow Rider
❑ Second ]Home ❑ Planned Unit Development Rider ❑ Mortgage Irisuranee Rider
�] Other(s)
(L) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non - appealable judicial opinions.
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(1!T) "Cammunity Association Hues, ]Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(N) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account, Such term includes, but is not limited to, point -of -sale transfers, automated teller machine
transactions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers.
(0) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for; (I)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property,
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Agreement and /or this Security Instrument,
(Q) "Approved Prior Loan" means alien which is and which tender acknowledges and agrees will continue
to have priority over the lien created by this Security Instrument.
(R) 'Trustee" is RECONTRUST COMPANY, N , A .
TRANSFER OF RIGHTS IN THE PROPERTY
This Security 'Instrument secures to lender: (i) the repayment of the Secured Debt under the Agreement,
and all renewals, extensions and modifications of the Agreement; and (ii) the performance of Borrower's
covenants and agreements under this Security Instrument and the Agreement. For this purpose, Borrower
irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property
located in the
COUNTY
of ICING
(Typo of Recording Jurisdiction] [Name of Recording Jurisdiction]
SCHEDULE A ATTACKED HERE'T'O AND MADE A PART OF.
which currently has the address of 30625 132ND AVE SE
(Sweet]
AUBURN WASHINGTON 98092 ( "Property Address ");
[City] [state] (Zip Code)
TOGETHER WITH ail the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter apart of the property. All replacements and additions shall also
be covered by this Security Instrument, All of the foregoing is referred to in this Security Instrument as the
"Property, "
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and
demands, subject to any encumbrances of record.
ADVANCES. During the Draw Period described in the Agreement, the Borrower may repeatedly take
and repay any advances that Lender makes to Borrower under the terms of the Agreement and this Security
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Instrument, subject to the terms that the Agreement and this Security Instrument impose. The Agreement
and this Security Instrument will remain in full force and effect notwithstanding that the Account Balance
under the Agreement may occasionally be reduced to an amount of equal to or less than zero.
Any amounts that Lender advances to Borrower in excess of the Credit Limit will be secured by the
terms of this Security Instrument unless applicable law prohibits the same. Lender shall not be obligated to
increase the Credit Limit formally or to make additional Advances in excess of the Credit Limit stated in the
Agreement even though the Credit Limit has been exceeded one or more times. The Draw Period may or
may not be followed by a Repayment Period, as described in the Agreement, during which additional
Advances are not available, During both the Draw Period and the Repayment Period the Lender may, at its
option, make Advances from the Account to pay fees, charges, or credit insurance premiums due under the
Agreement or this Security Instrument, or make other Advances as allowed by this Security Instrument,
THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
L Payment of Secured Debt. Borrower shall pay when due all Secured Debt in accordance with
the Agreement and this Security Instrument. All payments shall be made in U.S. currency. However, if any
check or other instrument received by Lender as payment under the Agreement or this Security Instrument
is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the
Agreement or Security Instrument be by a method of Lender's choosing. These methods include, but are
not limited to: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Billing
Statement or at such other location as may be designated by Lender in accordance with the notice provisions
provided in Section IS, Lender may return any payment or partial payment if the payment or partial
payments are insufficient to bring the Account current. Lender may accept any payment or partial payment
insufficient to bring the Account current, without waiver of any rights hereunder or prejudice to its rights
to refuse such payment or partial payments in the future, No offset or claim which Borrower might have now
or in the future against Lender shall relieve Borrower from making payments due under the Agreement and
this Security Instrument or performing the covenants and agreements secured by this Security Instrument,
2. Application of Payments or Proceeds, All payments accepted by Lender shall be applied to the
Secured Debt under this Security Instrument as provided in the Agreement unless Applicable Law provides
otherwise. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Agreement shall not extend or postpone the due date, or change the amount, of the Minimum
Payment,
3. Funds for Escrow Items. Borrower shall not be required to pay into escrow amounts due for
taxes, assessments, leasehold payments, or other insurance premiums unless otherwise agreed in a separate
writing,
4, Charges; Liens; Prior Security Interests. Borrower shall pay all taxes, assessments, charges,
fines, and impositions attributable to the Property which can attain priority over this Security Instrument,
leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and
Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in a manner
provided in Section 3,
Borrower shall promptly discharge any lien, other than the Approved Prior Loan, which has priority
over this Security Instrument unless Borrower; (a) agrees in writing to the payment of the obligation secured
by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement;
(b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which
in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but
only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory
to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the
Property is subject to a lien which can attain priority over this Security Instrument, other than the Approved
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Prior Loan, Leader may give Borrower a notice identifying the lien. Within 10 days of the date on which
that notice is giver, Borrower shall satisfy the lien or take one or more of the actions set forth in this Section.
Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting
service used by Lender in connection with the Agreement. Borrower shall pay when due, or shall cause to
be paid when due, all sums required under the loan documents evidencing the Approved Prior Loan and shall
perform or cause to be performed all of the covenants and agreements of Borrower or the obligor set forth
in such loan documents. All of Lender's rights under this Covenant shall be subject to the rights of the
Holder of the Approved Prior Loan.
5. Property Insurance. Borrower shall keep die improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Agreement, The insurance carrier providing the insurance shall be chosen by Borrower subject to
Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender
may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone
determination, certification and tracking services; or (b) a one -time charge for flood zone determination and
certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with die review
of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage, Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Section shall
become additional Secured Debt of Borrower and secured by this Security Instrument. These amounts shall
bear interest at the Agreement rate from, the date of disbursement and shall be payable, with such interest,
upon notice from Lender to Borrower requesting payment and be subject to the terms of the Agreement and
the Security Instrument,
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgagee clause, and shall name Lender as
mortgagee and/or as an additional loss payee, Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgagee clause and shall
name Lender as mortgagee and/or as an additional lass payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly,
Lender may disburse proceeds for die repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not
be paid out of the insurance proceeds and shall be the sole obligation of Borrower, If the restoration or
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the this Security instrument, whether or not then due, with the excess, if any, paid to Borrower,
Such insurance proceeds shall be applied in the order provided for in Section 2,
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If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Agreement or this Security Instrument, and (b) any other of
Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all
insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property,
Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under the Agreement or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of the Agreement and Security Instrument and shall continue to
occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless
Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond .Borrower's control,
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property,
Whether or not Borrower resides on the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition, Unless it is determined pursuant
to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the
Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are,
paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing
or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work
is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property, Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Home Equity Line of Credit Application Process; Default. Borrower shall be in
default if, during the Account application process, or at any time (hiring the term of the Agreement,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Account, Material representations include,
but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's
principal residence,
Borrower is also in default if, 1) Borrower engages in fraud or makes a material misrepresentation at
any time in connection with Borrower's Account; 2) Lender does not receive the full amount of any
Minimum Payment due or Borrower fails to meet any of the other repayment terms of the Agreement; 3)
Borrower's action or inaction adversely affects the Property or Lender's rights in it. Examples of these
actions or inactions include, but are not limited to: a) Borrower's death, if Borrower is the sole person on
the Account; or the death of all but one borrower which adversely affects Lender's security; b) Illegal use
of the Property, if such use subjects the Property to seizure; c) Transfer of all or part of the Borrower's
interest in the Property without Lender's written consent; d) All or part of the Property is taken by
condemnation or eminent domain; e) Foreclosure of any senlor lien on the Property; f) Failure to maintain
required insurance on the Property; g) Waste or destructive use of the Property which adversely affects
Lender's security; h) Failure to pay taxes or assessments on the Property; i) Permitting the creation of a
senior lien on the Property other than an Approved Prior Loan; j) Filing of a judgment against Borrower,
if the amount of the judgment and collateral subject to the judgment is such that Lender's security is
adversely affected.
Lender may, at its option, take lesser actions than those described at the beginning of this Section,
Such lesser actions may include, without limitation, suspending Borrower's Account and not allowing
Borrower to obtain any further Advances, reducing Borrower's Credit Limit, and /or changing the payment
terms on Borrower's Account, If Lender takes any such actions, this shall not constitute an election of
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remedies or a waiver of Lender's right to exercise any rights or remedies under the remainder of this Section,
the remaining provisions of the Agreement, the Security lnstrument, or at law or inequity. Lender may take
action under this Section only after complying with any notice or cure provisions required under Applicable
Law. In the event Lender elects not to terminate the Account or take any lesser action as provided in this
Section, Lender does not forfeit or waive its right to do so at a later time if any of the circumstances
described above exists at that time.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and /or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any a lien which has priority
over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its
interest in the Property and /or rights under this Security Instrument, including its secured position in a
bankruptcy proceeding; Lender may without notice, perform or cause to be performed any covenant of
Borrower in this Security Instrument, and Borrower appoints Lender as attorney in fact to sign Borrower's
name. Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may take this
action, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or ail actions authorized under this Section.
Any amounts disbursed by Lender under this Section shall become additional Secured Debt of Borrower
secured by this Security Instrument, payable according to the terms of the Agreement and this Security
Instrument. These amounts shall bear interest at the Agreement rate from the date of disbursement and shall
be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security
Instrument is on a leasehold, Borrower shall comply with all the provisions of the tease. Borrower shall not
surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease.
Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If
Borrower acquires fee title to the Property, the leasebold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. Borrower is not required to obtain Mortgage Insurance unless otherwise
agreed in writing.
11. Assignment of Miscellaneous Proceeds; forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless
an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous
Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous
Proceeds, If the restoration or repair is not economically feasible or Lender's security would be lessened,
the Miscellaneous Proceeds shall be applied to the this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided
for in the Agreement and this Security Instrument.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
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than the amount of the this Security Instrument immediately before the partial taking, destruction, or loss
in value, unless Borrower and Lender otherwise agree in writing, the this Security Instrument shall be
reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total
amount of the Secured Debt immediately before the partial taking, destruction, or loss in value divided by
(b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value.
Any balance shall be paid to Borrower,
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the Secured Debt immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the this
Security Instrument whether or not die sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, and Borrower
fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect
and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the this Security
Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 14, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
otherwise applied in the order provided for in Section 2.
12, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the this Security Instrument granted by Lender to Borrower or
any Successors in Interest of Borrower shall not operate to release the liability of Borrower or any Successors
in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in
Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower, Any forbearance by Lender in exercising any right or remedy including,
without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of
.Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of
any right or remedy,
13. Joint and Several Liability; Co- signers; Successors and Assigns Bound, Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co -signs this Security Instrument but does not execute the Agreement (a "co- signer°'): (a) is co- signing this
Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Agreement without the co-
signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind and benefit the successors and
assigns of Lender.
14. Agreement/Account Charges. Lender may charge Borrower fees for services performed in
connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights
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under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and
valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to
charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender
may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Account is subject to a law which sets maximum loan charges, and that law is finally interpreted
so that the interest or other Account charges collected or to be collected in connection with the Account
exceed the permitted limits, then: (a) any such Account charge shall be reduced by the amount necessary
to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which
exceeded permitted limits will be refunded to Borrower. Lender may choose to makethis refund by reducing
the principal owed under the Agreement or by making a direct payment to Borrower. If a refund reduces
principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or
not a prepayment charge is provided for under the Agreement). Borrower's acceptance of ?try such refund
made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have
arising out of such overcharge.
15. Notices, All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change
of address, then Borrower shall only report a change of address through that specified procedure. 'There may
be only one designated notice address under this Security Instrument at any one time. Any notice to Lender
shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless
Lender has designated another address by notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice
required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement
will satisfy the corresponding requirement under this Security Instrument.
16, Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Agreement conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Agreement which can
be given effect without the conflicting provision,
As used in this Security Instrument: (a) words of the •masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Agreement and of this Security
Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law,
if Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
AZ.V W BOLLMS/99 5 13 2 641 6164 94
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sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of, (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lender or causes Lender to be paid all sums which then would be due under this Security
Instrument mid the Agreement as if no acceleration had occurred; (b) cures any default of any other covenants
or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose
of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such
action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this
Security Instrument, and Borrower's obligation to pay the this Security Instrument, shall continue
unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more
of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits
are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon
reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully
effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Section I8.
20, Change of Servicer; Notice of Grievance, The Agreement or a partial interest in the Agreement
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A
sale might result in a change in the entity (known as the "Servicer ") that collects the amounts due under the
Agreement and this Security Instrument and performs other mortgage loan servicing obligations under the
Agreement, this Security Instrument, and Applicable Law. There also might be one or more changes of the
Servicer unrelated to a sale of the Agreement. If the Agreement is sold and thereafter the Agreement is
serviced by a Servicer other than the purchaser of the Agreement, the servicing obligations to Borrower will
remain with the Servicer or be transferred to a successor Servicer and are not assumed by the Agreement
purchaser unless otherwise provided,
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party and allowed the other
party (with such notice given in compliance with the requirements of Section 1 S) of such alleged breach and
reasonable time to take corrective action, If Applicable Law provides a time period which must elapse before
certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph.
The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the
notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
2I. Hazardous Substances. As used in this Section: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws ofthe jurisdiction where the Property is located drat relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
AL" w tSOLLES /99619 2541616990
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Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property, If Borrower learns, or is notified by any governmental
or regulatory authority, or any private party, that any removal or other remediation of any Hazardous
Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions
In accordance with Environmental Law, Nothing herein shall create any obligation on Lender for an
Environmental Cleanup.
NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice as required by Applicable Law prior to
acceleration following Borrower's breach of any covenant or agreement in this Security Instrument or
the Agreement (but not prior to acceleration under Section 18 of the Security Instrument unless
Applicable Law provides otherwise), Lender at its option may require immediate payment in full of
all sums secured by this Security Instrument without further demand and may invoice the power of sale
and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section, including, but not limited to, reasonable
attorneys' fees and costs of title evidence.
If Lender involves the power of sale, Fender shall execute or cause Trustee to execute a written
notice of the occurrence of an event of default and of Fender's election to cause the Property to be sold.
Trustee shall cause this notice to be recorded in each county in which any art of the Property is located.
Lender or Trustee shall mail copies of the notice as prescribed by Applicable Law, After the time
required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public
auction to the highest bidder at the time and place and under the terms designated in the notice of sale
in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any
pa reel of the Property by public announcement at the time and place of any previously scheduled sale.
Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any
covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie
evidence of the sale in the following order: (a) to all expenses of the sale, including, but not limited to,
reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c)
any excess to the person or persons legally entitled to it.
23, Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall
request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing
debt secured by this Security Instrument to Trustee_ Trustee shall reconvey the Property without warranty
to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs and
the Trustee's fee for preparing the reconveyance,
24. Substitute Trustee, In accordancewith Applicable Law, Lender may from time to time appoint
a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the
Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein
and by Applicable Law,
25, Use of Property, The Property is not used principally for agricultural purposes.
26. Attorneys' Fees. Lender shall be entitled to recover Its reasonable attorneys' fees and costs in
any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys'
fees," whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred
by Lender in any bankruptcy proceeding or on appeal,
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW.
ALAN W aOUBS/995132541616490
WASHINGTON HOME EQUITY LINE OF CREDIT DEED OF TRUST DocAfogtc
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BENEFICIARY'' REQUESTS NOTICE OF ANY ADVERSE ACTION
THAT A PRIORITY .LIEN HOLDER TAKES WITH REGARD TO
THE PROPERTY, INCLUDING DEFAULT AND FORE' CLOSURE
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it,
(Sea )
ALAN W BOLLES - Borrower
1/:MOV
(Seal)
ALAN W BOLLES, - Borrower
Trustee of the ALAN AND
SALLY BOLLES REVOCABLE
TRUST U/A DATED 9/27/2000
�� (Seal)
Borrower
S
SALLY S BOLLES - Borrower
(Seal)
SALLY S BOLLES, - Borrower
Trustee of the ALAN AND
SALLY BOLLES REVOCABLE
TRUST U/A DATED 9/27/2000
LS_Z_04�_ eal)
- Borrower
ALAN W BOLLES/995132541616490
WASHINGTON HOME EQUITY LINO OF CREDIT DEED OF TRUST Doel6faglc0%%WM
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20131022001172.012
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20131022001172.013
[Space Below This Line For Acknowledgment]
State of Washington )
County of KING )
On this OCTOBER 9, 2013 day personally appeared before meALAN W
BOLLES, SALLY S BOLLES, ALAN W BOLLES Trustee of the ALAN
AND SALLY BOLLES REVOCABLE TRUST U/A DATED 9/27/2000, SALLY
S BOLLES Trustee of the ALAN AND SALLY BOLLES REVOCABLE
TRUST U/A DATED 9127/2000
to me known to be the individual or individuals described in and who executed the within and foregoing
instrument, and acknowledged that he /she/they signed the same as his /her /their free and voluntary act and
deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this `� day of —r es'* L
M
otary Public `n and for the state of Wash — ^— in;
residing at: %�,l6j,(vl
My commission expires: 'A tf 10
ALAN W SOLLHS/995132541616490
WASHINGTON HOME EQUITY LINE OF CREDIT DEED OF TRUST DUCKOXG Wbomw
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20131022001172.014
FOR RECORDING PURPOSES, DO NOT
WRITE, SIGN OR STAMP "WITHIN THE,
ONE -INCH TOP, BOTTOM AND SIDE
MARGINS OR AFFIX ANY
ATTACHMENTS.
STATE OF WASHINGTON
County of „
I certify that I know Aave satisfactory evidence that�����
ij2:!5Nhe�tt ividuafl I(s) who signed this instrument in my presence, on oath slated that (he/shcC was ,+
authorized to execute the instrument and aclatowledged it as the
d s of
(Title) (Entity)
to be the free and voluntary act of such party for t to uses and purposes mentioned in the instrument.
Given under my hand and official seal this day of 0 CA-A) t UPI S
NOTARY PUBLIC in and for the State of T T
residing at
My appointment expires:�`�✓� ._
WASHINGTON ACKNOWLEDGMENT IN A REPRESENTATIVE CAPACITY AocMaglc+t kff#= 900- 6494362
WATA.BOA 02/23/07 www.doomagk.com
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0
20131022001172.015
EXHIBIT "A"
THE FOLLOWING DESCRIBED REAL PROPERTY IN THE COUNTY OF ICING, STATE OF
WASI-TINGTON, TO -WIT:
THE SOUTH HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21
NORTH, RANGE 5 EAST, W M. IN KING COUNTY, WASHINGTON, EXCEPT THAT PORTION
CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER
AUDITOR'S FILE NO, 2680899,
ABBR. LEGAL DESCR: S 112 N 112 S I/2 E 112 NE 114 NE 1/4 SECTION 9, TOWNSHIP 21 NORTH,
RANGE 5 EAST, W.M,
SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR
MINERAL RIGHTS OF RECORD, IF ANY,
BEING THE SAME PREMISES CONVEYED TO ALAN W. BOLLES AND SALLY S. BOLLES,
TRUSTEES OF THE ALAN AND SALLY BOLLES REVOCABLE TRUST U/A DATED 9/27/2000
FROM ALAN W. BOLLES AND SALLY S. BOLLES, HUSBAND AND WIFE BY QUIT CLAIM
DEED DATED 9/27/2000, AND RECORDED ON 10/4/2000, DOCUMENT # 20001004001389, IN
ICING COUNTY, WA.
ASSESSORS PARCEL NUMBER: 092105 -9159
ATI ORDER NUMBER: 20130911 1571
Order: Non -Order Search Doc: KC:2013 20131022001172 Page 15 of 15 Created By: zeke.urmston Printed: 12/30/2013 1:03:56 PM PST
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GEOTECHNICAL ENGINEERING STUDY-1'
PROPOSED WILLOW PLACE
RESIDENTIAL PLAT
AUBURN, WASHINGTON
ES-3324
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PREPARED FOR
Willow Place, LLC
c/o Encompass Engineering
May 6, 2014
S
,
Prdjddpot Manager
C A
S
'WAI
Kyle R. Campbell, P.E.
Principal
GEOTECHNICAL ENGINEERING STUDY
PROPOSED WILLOW PLACE
RESIDENTIAL PLAT
AUBURN, WASHINGTON
ES-3324
Earth Solutions NW, LLC
1805 —136th Place Northeast, Suite 201
Bellevue, Washington 98005
Ph: 425-449-4704 Fax: 425-449-4711
Toll Free: 866-336-8710
Geotechnical Services Are Performed for
Specific Purposes, Persons, and Protects
Geotechnical engineers structure their services to meet the specific needs of
their clients. A geotechnical engineering study conducted for a civil engi-
neer may not fulfill the needs of a construction contractor or even another
civil engineer. Because each geotechnical engineering study is unique, each
geotechnical engineering report is unique, prepared solelyfor the client. No
one except you should rely on your geotechnical engineering report without
first conferring with the geotechnical engineer who prepared it. And no one
— not even you — should apply the report for any purpose or project
except the one originally contemplated.
Read the Full Report
Serious problems have occurred because those relying on a geotechnical
engineering report did not read it all. Do not rely on an executive summary.
Do not read selected elements only.
A Geotechnical Fngineeping Re opt Is Based on
A Unique Set of PPolect- Speeif IC Factors
Geotechnical engineers consider a number of unique, project - specific fac-
tors when establishing the scope of a study. Typical factors include: the
client's goals, objectives, and risk management preferences; the general
nature of the structure Involved, its size, and configuration; the location of
the structure on the site; and other planned or existing site improvements,
such as access roads, parking lots, and underground utilities. Unless the
geotechnical engineer who conducted the study specifically indicates oth-
erwise, do not rely on a geotechnical engineering report that was:
• not prepared for you,
• not prepared for your project,
• not prepared for the specific site explored, or
• completed before important project changes were made.
Typical changes that can erode the reliability of an existing geotechnical
engineering report include those that affect:
• the function of the proposed structure, as when it's changed from a
parking garage to an office building, or from a light industrial plant
to a refrigerated warehouse,
• elevation, configuration, location, orientation, or weight of the
proposed structure,
• composition of the design team, or
• project ownership.
As a general rule, always inform your geotechnical engineer of project
changes - --even minor ones —and request an assessment of their impact.
Geotechnical engineers cannot accept responsibility or liabilfty for problems
that occur because their reports do not consider developments of which
they were not informed
Subsurface Conditions Can Change
A geotechnical engineering report is based on conditions that existed at
the time the study was performed. Do not rely on a geotechnical engineer-
ing reportwhose adequacy may have been affected by: the passage of
time; by man -made events, such as construction on or adjacent to the site;
or by natural events, such as floods, earthquakes, or groundwater fluctua-
tions. Always contact the geotechnical engineer before applying the report
to determine if it is still reliable. A minor amount of additional testing or
analysis could prevent major problems.
Most Geotechnical Findings Are Ppofessional
Opinions
Site exploration identifies subsurface conditions only at those points where
subsurface tests are conducted or samples are taken. Geotechnical engi-
neers review field and laboratory data and then apply their professional
judgment to render an opinion about subsurface conditions throughout the
site. Actual subsurface conditions may differ — sometimes significantly —
from those indicated in your report. Retaining the geotechnical engineer
who developed your report to provide construction observation is the
most effective method of managing the risks associated with unanticipated
conditions.
A Repopt's Recommendations Are Not Final
Do not overrely on the construction recommendations included in your
report. Those recommendations are not final, because geotechnical engi-
neers develop them principally from judgment and opinion. Geotechnical
engineers can finalize their recommendations only by observing actual
subsurface conditions revealed during construction. The geotechnical
engineer who developed your report cannot assume responsibility or
liability for the report's recommendations if that engineer does not perform
construction observation.
A Geotechnical Engineering Report Is Subject to
Misinterpretation
Other design team members' misinterpretation of geotechnical engineering
reports has resulted in costly problems. Lower that risk by having your geo-
technical engineer confer with appropriate members of the design team after
submitting the report. Also retain your geotechnical engineer to review peal -
nent elements of the design team's plans and specifications. Contractors can
also misinterpret a geotechnical engineering report. Reduce that risk by
having your geotechnical engineer participate in prebid and preconstruction
conferences, and by providing construction observation.
Do Not Redraw the Engineer's Logs
Geotechnical engineers prepare final boring and testing logs based upon
their interpretation of field logs and laboratory data. To prevent errors or
omissions, the logs included in a geotechnical engineering report should
never be redrawn for inclusion in architectural or other design drawings.
Only photographic or electronic reproduction is acceptable, but recognize
that separating logs from the report can elevate risk
Give Contractors a Complete Report and
Guidance
Some owners and design professionals mistakenly believe they can make
contractors liable for unanticipated subsurface conditions by limiting what
they provide for bid preparation. To help prevent costly problems, give con-
tractors the complete geotechnical engineering report, but preface it with a
clearly written letter of transmittal, in that letter, advise contractors that the
report was not prepared for purposes of bid development and that the
report's accuracy is limited; encourage them to confer with the geotechnical
engineer who prepared the report (a modest fee may be required) and /or to
conduct additional study to obtain the specific types of information they
need or prefer. A prebid conference can also be valuable. Be sure contrac-
tors have sufficient time to perform additional study. Only then might you
be in a position to give contractors the best information available to you,
while requiring them to at least share some of the financial responsibilities
stemming from unanticipated conditions.
Read Responsibility Provislons Closely
Some clients, design professionals, and contractors do not recognize that
geotechnical engineering is far less exact than other engineering disci -
pUnes. This lack of understanding has created unrealistic expectations that
have led to disappointments, claims, and disputes. To help reduce the risk
of such outcomes, geotechnical engineers commonly include a variety of
explanatory provisions in their reports. Sometimes labeled "limitations"
many of these provisions indicate where geotechnical engineers' responsi-
bilities begin and end, to help others recognize their own responsibilities
and risks. Read these provisions closely. Ask questions. Your geotechnical
engineer should respond fully and frankly.
Geoenvironmental Concerns Are Not Covered
The equipment, techniques, and personnel used to perform a geoenviron-
mental study differ significantly from those used to perform a geotechnical
study. For that reason, a geotechnical engineering report does not usually
relate any geoenvironmental findings, conclusions, or recommendations;
e.g., about the likelihood of encountering underground storage tanks or
regulated contaminants. Unanticipated environmental problems have led
to numerous projectfailures. If you have not yet obtained your own geoen-
vironmental information, ask your geotechnical consultant for risk man-
agement guidance. Do not rely on an environmental reportprepared for
someone else.
Obtain Professional Assistance To Deal with Mold
Diverse strategies can be applied during building design, construction,
operation, and maintenance to prevent significant amounts of mold from
growing on indoor surfaces. To be effective, all such strategies should be
devised for the express purpose of mold prevention, integrated into a com-
prehensive plan, and executed with diligent oversight by a professional
mold prevention consultant. Because just a small amount of water or
moisture can lead to the development of severe mold infestations, a num-
ber of mold prevention strategies focus on keeping building surfaces dry.
While groundwater, water infiltration, and similar issues may have been
addressed as part of the geotechnical engineering study whose findings
are conveyed in-this report, the geotechnical engineer in charge of this
project is not a mold prevention consultant; none of the services per-
formed in connection with the geotechnical engineer's study
were designed or conducted for the purpose of mold preven-
tion. Proper implementation of the recommendations conveyed
in this report will not of itself be sufficient to prevent mold from
growing in or on the structure involved.
Rely,, on Your ASFE- Member Geotechnclal
Engmeer for Additional Assistance
Membership in ASFE/The Best People on Earth exposes geotechnical
engineers to a wide array of risk management techniques that can be of
genuine benefit for everyone involved with a construction project. Confer
with you ASFE - member geotechnical engineer for more information.
ASFE
Tits hest reoete ®s tarth
8811 Galesville Road /Suite G106, Silver Spring, MD 20910
Telephone: 301 /565 -2733 Facsimile: 301 /589 -2017
e -mail: info @asfe.org www.asfe.org
Copyrlght 2004 by ASFE, Inc. Duplication, reproduction, or copying of this document, in whole Orin part by any means whatsoever, is strictly prohibited, except with ASFEs
specific written permission. Excerpting, quoting, or otherwise extracting wording from this document is permitted only with the express written permission of ASFE, and only for
purposes of scholarly research or book review. Only members of ASFE may use this document as a complement to or as an element of a geotechnical engineering report. Any other
firm, Individual, or other entity that so uses this document without being an ASFE member could be committing negligent or intentional (fraudulent) misrepresentation.
IIGER06045.0M
May 6, 2014
ES-3324
Willow Place, LLC
c/o Encompass Engineering
165 Northeast Juniper Street, Suite 201
Issaquah, Washington 98027
Attention: Mr. Tom Redding
Dear Mr. Redding:
Earth I
Solutions
NWLW
Earth Solutions NW LLC
• Geotechnical Engineering
• Construction Monitoring
• Environmental Sciences
Earth Solutions NW, LLC (ESNW) is pleased to present this report titled "Geotechnical
Engineering Study, Willow Place Residential Plat, Auburn, Washington". Based on the results
of our study, in our opinion, the proposed residential development is feasible from a
geotechnical standpoint. In general, the subject property is underlain by isolated areas of fill
and medium dense to dense native glacial till deposits.
Geotechnical recommendations related to the proposed site development are provided in this
geotechnical engineering study. If you have any questions regarding the content of this study,
please call.
Sincerely,
EARTH SOLUTIONS NW, LLC
er, L. E.
_G)
o ject anag
p e
'1805 - '136th Place N.E., Suite 201 • Bellevue, WA 98005 • (425) 449-4704 • FAX (425) 449-471-1
Table of Contents
ES -3324
PAGE
INTRODUCTION......................................... ............................... 1
General........................................... ............................... 1
Project Description ............................ ............................... 1
Surface............................................. ............................... 2
Subsurface..... . .............. .................................................. 2
Groundwater ...................................... ............................... 2
GeologicSetting_.... . ...... ...................................... .............. 3
Geologically Hazardous Areas ...................... ............................... 3
DISCUSSION AND RECOMMENDATIONS ....... ............................... 3
General............. ............................... . . . ..............................
Site Preparation and Earthwork.. . . ........................... ............ 4
ErosionControl ........................ ............................... 4
in -situ Soils .............................. ............................... 4
Structural Fill Placement ........... ............................... 5
Excavations and Slopes ......... ............................... . .......... 5
Foundations.................................... ............................... 5
Foundation Set backs ................ ............................... 6
Seismic Considerations .......................... ............................... 6
Slab -on -Grade Floors....,. . ................ ..................... ........... 6
RetaininWalls.. . - - . .................... __ ............................... _.. 7
Utility Support Trench Backfill ............. ............................... 7
Pavement Sections ............................. ...............................
Drainage........................................... ............................... $
Detention Pond Construction .... ............................... 9
LIMITATIONS.............................................. ............................... 9
Additional Services... ............
Earth Solutions NK LLC
Table of Contents
Cont'd
ES -3324
GRAPHICS
Plate 1
Vicinity Map
Plate 2
Test Pit Location Plan
Plate 3
Retaining Wall Drainage Detail
Plate 4
Footing Drain Detail
APPENDICES
Appendix A Subsurface Exploration
Test Pit Logs
Appendix B Laboratory Test Results
Sieve Analysis Results
Earth Solutions NW, LLC
GEOTECHNICAL ENGINEERING STUDY
WILLOW PLACE RESIDENTIAL PLAT
AUBURN, WASHINGTON
ES -3324
INTRODUCTION
General
This geotechnical engineering study was prepared for the property located along the east side
of 130th Avenue Southeast in Auburn, Washington. The purpose of this study was to develop
geotechnical recommendations for the proposed project. Our scope of services for completing
this geotechnical engineering study included the following:
Subsurface exploration and sampling, and laboratory testing of soil samples;
Engineering analysis, and;
• Preparation of this report.
The following documents and /or resources were reviewed as part of this report preparation:
Conceptual Site Plan provided by Encompass Engineering;
Geologic Map of King County, Booth 2006, and;
• King County USDA Soil Conservation Survey,
Proiect Description
Based on review of the referenced project plan, the existing property will be subdivided to
create 12 residential lots, a cul -de -sac access roadway and stormwater tract. New franchise
utilities will be included in the site development plans.
The proposed buildings will likely consist of relatively lightly - loaded wood - framing supported on
conventional foundations. Based on our experience with similar developments, we anticipate
wall loads on the order of 1 to 2 kips per lineal foot and slab -on -grade loading of 150 pounds
per square foot (psf).
Based on the existing topography grading to create the roadway and building pads will likely
include a combination of cuts and engineered fills up to about five feet. Cuts of up to about 24
feet will be required to construct the stormwater detention pond located in the southwestern
corner of the property. The pond slope will be inclined at a permanent 3H;1V gradient.
Willow Place, LLC
c/o Encompass Engineering
May 6, 2014
ES -3324
Page 2
If the above design assumptions are incorrect or change, ESNW should be contacted to review
the recommendations in this report, and provide supplemental recommendations, if necessary.
Surface
The subject site is located along the east side of 130th Avenue Southeast just south of
Southeast 306th Court in Auburn, Washington and consists of a single tax parcel. The
approximate location of the subject property is illustrated on the Vicinity Map (Plate 1). The site
is currently occupied by a single- family residence and several outbuildings which will remain as
part of the project. Vegetation consists of brush and a forest of deciduous and evergreen trees.
The property is bordered to the north and south by existing developments, to the east by 132nd
Avenue Southeast and to the west by 130th Avenue Southeast. The approximate limits of the
property and the currently proposed layout are illustrated on the Test Pit Location Plan (Plate
2). Topography descends very gently to the west with a total elevation change of about 40 feet.
Subsurface
A representative of ESNW observed, logged and sampled three test pits excavated within the
accessible areas of the site for purposes of assessing soil conditions and characterizing and
classifying the site soils. The approximate locations of the test pits are illustrated on the Test
Pit Location Plan (Plate 2). Please refer to the test pit logs provided in appendix A for a more
detailed description of the subsurface conditions.
Topsoil was encountered at all test pit locations and ranged in depths from about 8 to 12
inches. Topsoil should not be used for structural fill, nor should it be mixed with material to be
placed as structural fill. Topsoil can be used in landscape areas or other non - structural areas.
Fill was not encountered at the test pit locations; however, we would expect minor areas of fill to
be present surrounding the main structure and outbuildings.
Underlying the topsoil, native soil consisted predominantly of medium dense to very dense silty
sand with variable gravel content (Unified Soil Classification SM) which extended to the
maximum exploration depth of 24 feet below existing grade. Dense soil conditions were
generally observed below about three to five feet.
Groundwater
Minor perched groundwater seepage was observed at a depth of about one to one and one -half
feet at the time of our fieldwork (April 23, 2014). The groundwater is related to surface water
and shallow interflow water within the topsoil layer. Groundwater seepage rates and elevations
fluctuate depending on many factors, including precipitation duration and intensity, the time of
year, and soil conditions. In general, groundwater seepage flow rates are higher during the
wetter, winter months. Therefore, groundwater seepage should be expected in site
excavations, particularly in the winter, spring and early summer months.
Earth Solutions NW, LLC
Willow Place, LLC
c/o Encompass Engineering
May 6, 2014
Geologic Settin
ES -3324
Page 3
Based on review of the 2006 Geologic Map for King County, Washington, the site is underlain
by glacial till deposits. Review of the NRCS Soil Conservation Service (SCS) map resource
indicates the near - surface soils consist of the Alderwood series (AgB) gravelly sandy loam.
This soil type is characterized by a parent material of Alderwood glacial till soil deposits which
formed on terraces. Alderwood soils are assigned to the Hydrologic Soil Group C.
We interpret the native soils encountered at the site to represent glacial till deposits, This
interpretation is in general agreement with the SCS soil designation.
Geologically Hazardous Areas
Geologic hazard areas are not present on this site and standard BMPs should be applied to the
project designs.
DISCUSSION AND RECOMMENDATIONS
General
Based on the results of our study, the proposed residential development is feasible from a
geotechnical standpoint. The primary geotechnical considerations associated with the
proposed development include foundation support, suitability of the on -site soils for use as
structural fill, and preparation of subgrade areas.
The soils encountered at the test pit locations generally have a high sensitivity to moisture
based on the fines contents ranging from about 17 to 30 percent. It may be possible to use
excavated site soils as structural fill elsewhere depending on the conditions at the time of
placement. The ultimate suitability of using the on -site soils as structural fill should be
evaluated by ESNW during construction. The owner should be prepared to export unsuitable
soil generated from site grading.
The proposed structures can be supported on competent native soil, or new structural fill.
Existing fill should be evaluated by ENSW representatives during construction and may need to
be removed from new foundation areas. If site grades will be raised, the fill should be removed
from these areas prior to filling operations.
This geotechnical engineering study has been prepared for the exclusive use of Willow Place,
LLC and their representatives. No warranty, expressed or implied, is made. This study has
been prepared in a manner consistent with the level of care and skill ordinarily exercised by
other members of the profession currently practicing under similar conditions in this area.
Earth Solutions NW, LLC
Willow Place, LLC
c/o Encompass Engineering
May 6, 2014
Site Preparation and Earthwork
ES -3324
Page 4
Site preparation will likely include installing temporary erosion control measures and
establishing construction entrances.
Erosion Control
Temporary erosion control measures should include, at a minimum, silt fencing placed along
the downslope perimeter of the construction envelope, and a construction entrance consisting
of at least 12 inches of quarry spalls to minimize off -site soil tracking and to provide a firm
surface. Surface water should not be allowed to flow over or collect above temporary or
permanent slopes. Interceptor drains or swales should be considered for controlling surface
water flow patterns. ESNW should observe the erosion control measures, and provide
supplemental recommendations for minimizing erosion during construction.
In -situ Soils
The soils encountered at the test pit locations generally have a high sensitivity to moisture
based on the fines content. It may be possible to use excavated soils as structural fill
elsewhere depending on the conditions at the time of placement. The suitability of using the
on -site soils as structural fill should be evaluated by ESNW during construction. The owner
should be prepared to export unsuitable soil generated from site grading.
Compaction of site soils to the levels necessary for use as structural fill will be difficult or
impossible during wet weather conditions. If the moisture content of the soil is near the
optimum level, the soil can be used as structural fill. However, the stability of the compacted
soil will degrade if exposed to wet weather and /or construction traffic.
Soils encountered during site excavations that are excessively over the optimum moisture
content will require moisture conditioning prior to placement and compaction as structural fill.
Conversely, if the native soils are found to be moist or dry at the time of placement, moisture
conditioning through the application of water may be necessary prior to compacting the soil.
Imported soil intended for use as structural fill should consist of a well graded granular soil with
a maximum aggregate grain size of four inches, and a moisture content that is at or near the
optimum level. During wet weather conditions, imported soil intended for use as structural fill
should consist of a well graded granular soil with a fines content of 5 percent or less defined as
the percent passing the #200 sieve, based on the minus three - quarter inch fraction.
Earth Solutions NW, LLC
Willow Place, LLC
c/o Encompass Engineering
May 6, 2014
Structural Fill Placement
ES -3324
Page 5
Structural fill is defined as compacted soil which is devoid of organic material and deleterious
debris, placed in foundation, slab -on- grade, and roadway areas. Fills placed to construct
permanent slopes and throughout retaining wall, and utility trench backfill areas are also
considered structural fill. Soils placed in structural areas should be placed in loose lifts of 12
inches or less and compacted to a relative compaction of 90 percent, based on the maximum
dry density as determined by the Modified Proctor Method (ASTM D- 1557 -02). In pavement
areas, the upper 12 inches of the structural fill should be compacted to a relative compaction of
at least 95 percent. The subgrade in pavement and slab areas must also be in a stable
condition. In order to provide a stable subgrade, it may be necessary to compact more than the
upper 12 inches to 95 percent.
Excavations and Slopes
The Federal and state Occupation Safety and Health Administration (OSHA/WISHA) classifies
soils in terms of minimum safe slope inclinations. Based on the soil conditions encountered
during our fieldwork, fill soils (where exposed), weathered native soils and where groundwater
is exposed would be classified by OSHA/WISHA as Type C. Temporary slopes over four feet in
height in Types C soils should be sloped no steeper than 1.51-11V (Horizontai:Vertical). The
dense, undisturbed native deposits where no groundwater is exposed would be classified by
OSHA/WISHA as Type A. Temporary slopes over four feet in height in Type A soils should be
sloped no steeper than 0.75H:1 V (Horizontal:Vertical). ESNW should observe temporary and
permanent slopes to verify that the inclination is appropriate for the conditions exposed, and to
provide additional grading recommendations, as necessary. If temporary slopes cannot be
constructed in accordance with OSHA/WISHA guidelines, temporary shoring may be
necessary.
Permanent slopes should maintain a gradient of 2H:1V, or flatter, and should be planted with
vegetation to enhance stability and to minimize erosion.
Foundations
Based on the results of our study, the proposed structures can be supported on conventional
spread and continuous footings bearing on competent native soil or new structural fill. Loose
soil can be compacted in place, provided the soil moisture content is near the optimum and the
soil can be compacted to 90 percent of modified proctor (ASTM D- 1557 -02).
Provided the foundations are supported as described above, the following parameters can be
used for design:
e Allowable soil bearing capacity
e Passive earth pressure
2,500 psf
300 pcf
e Coefficient of friction 0.40
Earth Solutions NW, LLC
Willow Place, LLC
c/o Encompass Engineering
May 6, 2014
ES -3324
Page 6
The passive earth pressure value provided above is based on the foundations being backfilled
with structural fill. A factor -of- safety of 1.5 has been applied to the passive earth pressure and
friction values.
For short term wind and seismic loading, a one -third increase in the allowable soil bearing
capacity can be assumed.
With structural loading as expected, total settlement in the range of one inch is anticipated, with
differential settlement of approximately one -half inch. The majority of the settlements should
occur during construction, as dead loads are applied.
The foundation excavations should be observed by a representative of ESNW to confirm
adequate bearing conditions exist at the foundation subgrade elevation.
Foundation Setbacks
Lots 1 and 2 will require construction of a rockery to provide a level building pad. Foundation
elements should stay below a theoretical 1 H;1 V projection starting from the back base of the
rockery extending into the lots.
Seismic Considerations
The 2012 IBC recognizes ASCE for seismic site class definitions. If the project will be permitted
under the 2012 IBC, in accordance with Table 20.3 -1 of ASCE, Minimum Design Loads for
Buildings and Other Structures, Site Class C, should be used for design.
In our opinion, liquefaction susceptibility at this site is negligible. The relative density of the site
soils and the absence of a uniform, shallow groundwater table is the primary basis for this
designation.
Slab -On -Grade Floors
Slab -on -grade areas should be supported on competent native soil, existing competent fill or
new structural fill. Unstable or yielding areas of the subgrade should be recompacted or
overexcavated and replaced with structural fill prior to construction of the slab. A capillary
break consisting of a minimum of four inches of free draining crushed rock or gravel should be
placed below the slab. The free draining material should have a fines content of 5 percent or
less (percent passing the #200 sieve, based on the minus three - quarter inch fraction). In areas
where slab moisture is undesirable, installation of a vapor barrier below the slab should be
considered. If a vapor barrier is to be utilized, it should be a material specifically designed for
use as vapor barrier and should be installed in accordance with the manufacturer's
specifications.
Earth Solutions NW, LLC
Willow Place, LLC
c/o Encompass Engineering
May 6, 2014
Retaining Walls
ES -3324
Page 7
Retaining walls must be designed to resist earth pressures and applicable surcharge loads.
The following parameters can be used for retaining wall design:
• Active earth pressure (yielding condition)
• At -rest earth pressure (restrained condition)
• Traffic surcharge for passenger vehicles
(where applicable)
Passive earth pressure
• Coefficient of friction
• Seismic surcharge (yielding condition)
*where H equals retained height
35 pcf (equivalent fluid)
55 pcf
70 psf (rectangular distribution)
300 pcf (equivalent fluid)
0.4
6H* (yielding condition)
11 H( restrained condition)
Additional surcharge loading from adjacent foundations, sloped backfill, or other loads should
be included in the retaining wall design. Drainage should be provided behind retaining walls
such that hydrostatic pressures do not develop. If drainage is not provided, hydrostatic
pressures should be included in the wall design.
Retaining walls should be backfilled with free draining material that extends along the height of
the wall, and a distance of at least 18 inches behind the wall. The upper one foot of the wall
backfill can consist of a less permeable soil, if desired. A perforated drain pipe should be
placed along the base of the wall, and connected to an approved discharge location. A typical
retaining wall drainage detail is provided on Plate 3.
Utility Support and Trench Backfill
In our opinion, the soils observed at the test sites are generally suitable for support of utilities.
Loose, organic, or otherwise unsuitable soils encountered in the trench excavations should not
be used for supporting utilities. The on -site soils observed at the test sites may be suitable for
use as structural backfill in the utility trench excavations, provided the soil is at or near the
optimum moisture content at the time of placement and compaction. Moisture conditioning of
the soils may be necessary at some locations prior to use as structural fill. Utility trench backfill
should be placed and compacted to the specifications of structural fill provided in this report, or
to the applicable specifications of the City of Auburn.
Earth Solutions NW, LLC
Willow Place, LLC
c/o Encompass Engineering
May 6, 2014
Pavement Sections
ES -3324
Page 8
Pavement recommendations in this section are for preliminary design considerations. ESNW
should prepare pavement recommendations after reviewing traffic count data for this project.
The performance of site pavements is largely related to the condition of the underlying
subgrade. To ensure adequate pavement performance, the subgrade should be in a firm and
unyielding condition when subjected to proofrolling with a loaded dump truck. Structural fill in
pavement areas should be compacted to the specifications detailed in the "Site Preparation and
Earthwork" section of this report. It is possible that soft, wet, or otherwise unsuitable subgrade
areas may still exist after base grading activities. Areas containing unsuitable or yielding
subgrade conditions will require remedial measures such as cement treatment, overexcavation
and thicker crushed rock or structural fill sections prior to pavement.
For relatively lightly loaded pavements subjected to automobiles, the following pavement
sections can be considered:
+ Two inches of hot mix asphalt (HMA) placed over four inches of crushed rock base
(CRIB), or;
+ Two inches of HMA placed over three inches of asphalt treated base (ATB).
Heavier traffic areas subjected to occasional truck traffic generally require thicker pavement
sections depending on site usage, pavement life expectancy, and site traffic. For preliminary
design purposes, the following pavement sections can be considered for these areas.
+ Three inches of HMA placed over six inches of CRB, or;
+ Three inches of AC placed over four and one -half inches of ATB.
The HMA, ATB and CRIB materials should conform to WSDOT specifications.
Federal Way Road Standards may supersede the recommendations provided in this report.
Drainage
Light groundwater seepage was observed during the fieldwork (April 23, 2014). As such, minor
perched groundwater seepage should be expected, particularly in the winter, spring and early
summer months. Temporary measures to control groundwater seepage and surface water
runoff during construction will likely involve interceptor trenches, sedimentation ponds, and
sumps areas, as necessary.
In our opinion, perimeter drains should be installed at or below the bottom of the building
footings.
Earth Solutions NW, LLC
Willow Place, LLC
c/o Encompass Engineering
May 6, 2014
Detention Pond Construction
ES -3324
Page 9
A detention pond is planned for the southwestern corner of the site. The pond will require cuts
up to about 24 feet and will include permanent side slopes inclined at 3HAV. Dense native
glacial till soils will be exposed below about three feet and will most likely persist throughout the
pond excavation process. Groundwater is not anticipated to be exposed, except minor perched
seepage in the upper one to one and one -half feet. The stability of the slopes for the pond is
anticipated to be good and impacts from nearby right -of -way areas will not increase the
potential for instability. Given the dense nature of the glacial till soils encountered at the test pit
location TP -2, a pond liner will likely not be required. ESNW should observe the soils exposed
during detention pond excavation to confirm conditions are as anticipated. Excavations
required to construct the proposed detention pond and rockery shall not encroach onto
neighboring properties without a temporary grading easement in place prior to grading. In
general, using rockeries facing native cuts around the detention pond is acceptable from a
geotechnical standpoint. The referenced plans indicate rockery heights up to about four feet,
but we understand taller rockeries or modular block retaining walls may be required. ESNW
should review the final site grading plans to provide specific recommendations for rockery or
wall construction surrounding the detention pond.
LIMITATIONS
The recommendations and conclusions provided in this geotechnical engineering study are
professional opinions consistent with the level of care and skill that is typical of other members
in the profession currently practicing under similar conditions in this area. A warranty is not
expressed or implied. Variations in the soil and groundwater conditions observed at the test
sites may exist, and may not become evident until construction. ESNW should reevaluate the
conclusions in this geotechnical engineering study if variations are encountered.
Additional Services
ESNW should review the final design with respect to the geotechnical recommendations
provided in this report. ESNW should also be retained to provide testing and consultation
services during construction.
Earth Solutions NW, LLC
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Reference: � � � � � � •^"�
King County, Washington - -
Map 746
ey The Thomas Guide ViCinity Map
Rand McNally Willow PlaCe
3znd Edition Auburn, Washington
NOTE:This plate may contain areas of coloc ESNW cannol be Drwn. GLS Date 05/12/2014 Proj. No. 3324
responsible for any subsequent misinlerpretation of Ihe mformation Checked BTS Date May 2014 Plate 1
resulling Irom black 8 while reproductions of this plate.
TP -1 —!— Approximate Location of
ESNW Test Pit, Proj. No.
ES -3324, April 2014
Subject Site
Existing Building
Proposed Stormwater Pond
i
NOTE: The graphics shown on this plate are not intended for design
purposes or precise scale measurements, but only to illustrate the
approximate test locations relative to the approximate locations of
existing and / or proposed site features. The information illustrated
is largely based on data provided by the client at the time of our
study. ESNW cannot be responsible for subsequent design changes
or interpretation of the data by others.
NOTE: This plate may contain areas of color. ESNW cannot be
responsible for any subsequent misinterpretation of the information
resulting from black & white reproductions of this plate.
0 50 100 200
1" =100' � �
Scale in Feet
Earth
11iA0 w rrr ioi „ii< ”
Nwrtw
Test Pit Location Plan
Willow Place
Auburn, Washington
Drwn. GLS Date 05/12/2014 Proj. No. 3324
Checked BTS Date May 2014 Plate 2
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NOTES:
• Free Draining Backfill should consist
of soil having less than 5 percent fines.
Percent passing #4 should be 25 to
75 percent.
• Sheet Drain may be feasible in lieu
of Free Draining Backfill, per ESNW
recommendations.
• Drain Pipe should consist of perforated,
rigid PVC Pipe surrounded with 1"
Drain Rock.
LEGEND:
000 °
o °o °0 Free Draining Structural Backfill
J•J•J•J•
1•ti•ti••.•ti
r•r•r•r•
tir:rtir:r, 1 inch Drain Rock
Structural
Fill
Perforated Drain Pipe
(Surround In Drain Rock)
SCHEMATIC ONLY - NOT TO SCALE
NOTA CONSTRUCTION DRAWING
RETAINING WALL DRAINAGE DETAIL
Willow Place
Auburn, Washington
Drwn. GLS
Date 05/13/2014
Proj. No.
3324
Checked BTS
Date May 2014
Plate
3
Perforated @k]k1 Drain Pipe
(Surround with 1" Rock)
NOTES:
� Dm NOT tie roof downspouts
to Footing Drain.
e Surface Seal to consist of
12" of less parnxaeb|e. suitable
soil. Slope away from building.
LEGEND:
Surface Seal; native soil or
other low permeability material.
1" Drain Rock
SCHEM/g-|CONLY - NOTTOSCALE
NOTA CONSTRUCTION DRAWING
setutm
FOOTING DRAIN DETAIL
WiUOVV [»l8Qe
U A0Jbu[D, Washington U
Checked BTS
I Date May 2014 1
Plate
4 1
Appendix A
Subsurface Exploration
ES-3324
The subsurface conditions at the site were explored by excavating three test pits at the
approximate locations illustrated on Plate 2. The test pit logs are provided in this Appendix.
The subsurface exploration was completed on April 23, 2014.
The final logs represent the interpretations of the field logs and the results of laboratory
analyses. The stratification lines on the logs represent the approximate boundaries between
soil types. In actuality, the transitions may be more gradual.
Earth Solutions NW, LLC
Earth Solutions NWLLC
SOIL CLASSIFICATION CHART
MAJOR DIVISIONS
SYMBOLS
GRAPH LETTER
TYPICAL
DESCRIPTIONS
GRAVEL
AND
CLEAN
GRAVELS
4
0
GW
WELL-GRADED GRAVELS, GRAVEL -
SAND MIXTURES, LITTLE OR NO
FINES
GRAVELLY
SOILS
(LITTLE OR NO FINES)
U
&
0
GP
POORLY-GRADED GRAVELS,
GRAVEL -SAND MIXTURES, LITTLE
OR NO FINES
COARSE
GRAINED
SOILS
MORE THAN 50%
OF COARSE
FRACTION
GRAVELS WITH
FINES
b��_c
a
0
0
60
0 00
�)
o<
0
GM
SILTY GRAVELS, GRAVEL-SAND-
SILT MIXTURES
GC
CLAYEY GRAVELS, GRAVEL - SAND -
CLAY MIXTURES
RETAINED ON NO.
4 SIEVE
(APPRECIABLE
AMOUNT OF FINES)
MORE THAN 50%
OF MATERIAL IS
SAND
AND
CLEAN SANDS.)
..........
........
SW
WELL-GRADED SANDS, GRAVELLY
SANDS, LITTLE OR NO FINES
SID
POORLY-GRADED SANDS,
GRAVELLY SAND, LITTLE OR NO
FINES
LARGER THAN
NO. 200 SIEVE
SIZE
SANDY
SOILS
(LITTLE OR NO FINES)
SANDS WITH
FINES
SM
SILTY SANDS, SAND - SILT
MIXTURES
MORE THAN 50%
OF COARSE
FRACTION
SC
CLAYEY SANDS, SAND - CLAY
MIXTURES
PASSING ON NO,
4 SIEVE
(APPRECIABLE
AMOUNT OF FINES)
INORGANIC SILTS AND VERY FINE
ML
SANDS, ROCK FLOUR, SILTY OR
CLAYEY FINE SANDS OR CLAYEY
SILTS WITH SLIGHT PLASTICITY
CL
INORGANIC CLAYS OF LOW TO
MEDIUM PLASTICITY, GRAVELLY
CLAYS, SANDY CLAYS, SILTY
CLAYS, LEAN CLAYS
FINE
GRAINED
SOILS
SILTS
LIQUID LIMIT
AND LESS THAN 50
CLAYS
OL
ORGANIC SILTS AND ORGANIC
SILTY CLAYS OF LOW PLASTICITY
MORE THAN 50%
OF MATERIAL IS
SMALLER THAN
NO. 200 SIEVE
MH
INORGANIC SILTS, MICACEOUS OR
DIATOMACEOUS FINE SAND OR
SILTY SOILS
SIZE
SILTS LIQUID LIMIT
AND GREATER THAN 50
CLAYS
CH
INORGANIC CLAYS OF HIGH
PLASTICITY
OH
ORGANIC CLAYS OF MEDIUM TO
HIGH PLASTICITY, ORGANIC SILTS
HIGHLY ORGANIC SOILS
1, %Ile
"111 ALI L111 LI-19
pT
PEAT, HUMUS, SWAMP SOILS WITH
HIGH ORGANIC CONTENTS
DUAL SYMBOLS are used to indicate borderline soil classifications.
The discussion in the text of this report is necessary for a proper understanding of the nature
of the material presented in the attached logs.
Earth Solutions NW TEST PIT NUMBER TP-1
INN 1805 - 136th Place N.E., Suite 201
Bellevue, Washington 98005 PAGE 1 OF 2
Telephone: 425-449-4704
Now Fax: 425-449-4711
-CLIEUI -Willow Place, LLC PROJECT NAME Willow Place
PROJECT NUMBER 3324 PROJECT LOCATION Auburn, Washington,
DATE STARTED 4/23/14 COMPLETED 4/23/14 GROUND ELEVATION 474 ft TEST PIT SIZE
EXCAVATION CONTRACTOR NW Excavating GROUND WATER LEVELS:
EXCAVATION METHOD AT TIME OF EXCAVATION
LOGGED BY BTS CHECKED BY BTS AT END OF EXCAVATION ---
NOTES _.Depth of Topsoil & Sod 12":_brambl.e bushes -.. AFTER EXCAVATION ---
W
a.
Q�
� W
0
0
W co
TESTS
0
MATERIAL DESCRIPTION
W
Yj
-j
2 z
0
U)
0
Brown silty SAND with gravel, medium dense, moist (Weathered Till)
-moderate seepage at 1.0'-1.5'
MC = 15.30%
-mottled texture
-becomes gray, dense to very dense (unweathered till)
5
MC = 9.70%
Fines = 4120%
-becomes cemented
-increased gravel and cobbles within soil matrix
10
SM
MC = 6.50%
I
-becomes blue-gray
-increased fines percentage and decreased coarse sand content
-decreased gravel and cobbles
15
MC = 7,70%
-increased gravel, cobbles, and large boulders (3' diameter or less)
MC = 7.30%
20
1
120,0 454.0
(Continued Next Page)
Earth Solutions NW TEST PIT NUMBER TP-1
1805 -136th Place N.E., Suite 201
RIn Bellevue, Washington 98005 PAGE 2 OF 2
, Telephone: 425-449-4704
Room
Fax: 425449-4711
CLIENT Millow Place, LLC PROJECT NAME Willow Place
PROJECT NUMBER 3324 PROJECT LOCATION AubumW4AhingLQ_n__,_.._:,
F-
(L
W
ul M
TESTS
MATERIAL DESCRIPTION
a
2 z
20
Blue-gray silty SAND with gravel, cemented, moist
SM
24.0 460,0
Test pit terminated at 24.0 feet below existing grade. Groundwater seepage encountered
at 1.0 and 1.5 feet during excavation.
Bottom of test pit at 24.0 feet.
Earth Solutions NW TEST PIT NUMBER TP -2
1805 - 136th Place N.E., Suite 201
Bellevue, Washington 98005 PAGE I OF 1
Telephone: 425-449-4704
Fax: 425-449-4711
CLIENT Willow Plap,, I I.0 PROJECT NAME Willow Place
PROJECT NUMBER 3324 - PROJECT LOCATION Auburn, Washington
i 77— -
DATE STARTED 4/23/14 COMPLETED 4/23/14 GROUND ELEVATION 496 ft TEST PIT SIZE
EXCAVATION CONTRACTOR NW Excavating GROUND WATER LEVELS:
EXCAVATION METHOD AT TIME OF EXCAVATION ---
LOGGED BY BTS CHECKED BY BTS AT END OF EXCAVATION
NOTES Depth of Topsoil & Sod 8% 10": ivy AFTER EXCAVATION - --
w
a-
W
W CO
_j M
TESTS
(j
0_ 0
MATERIAL DESCRIPTION
W
0- -n
2 z
0
Brown silty SAND with gravel, medium dense, moist
-becomes gray, dense, wet
MC = 17.90%
-mottled texture
Fines = 35.00%
SM
5
-becomes very dense, moist
6.0 490.0
Test pit terminated at 6.0 feet below existing grade. No groundwater encountered during
excavation.
Bottom of test pit at 6.0 feet.
Earth Solutions NW TEST PIT NUMBER TP-3
1805. 136th Place N.E., Suite 201
Bellevue, Washington 98005 PAGE 1 OF I
Telephone: 425449-4704
Fax: 425-449-4711
CLIENT Willow Pla LLC PROJECT NAME Willow Place
PROJECT NUMBER _3324 PROJECT LOCATION Auburn, Washington
------------
DATE STARTED .4/23/14 .. COMPLETED GROUND ELEVATION _488 TEST PIT SIZE ------
EXCAVATION CONTRACTOR NW.Excayati!jg._,___.., GROUND WATER LEVELS:
EXCAVATION METHOD AT TIME OF EXCAVATION
LOGGED BY BTS CHECKED BY BTS AT END OF EXCAVATION
NOTES AFTER EXCAVATION ---
W
(L
W
Lu
2
TESTS
Q
MATERIAL DESCRIPTION
_3
CL :)
�z
0
co
Brown SAND with slit, medium dense, moist to wet (Native)
MC = 13.00%
-light seepage
-mottled texture
MC = 9.20%
SM
-becomes gray, dense to very dense, moist
-becomes cemented
Test pit terminated at 8.0 feet below existing grade. Groundwater seepage encountered
at 2.0 feet during excavation.
Bottom of test pit at 8.0 feet.
Appendix B
Laboratory Test Results
ES -3324
Earth Solutions NW, LLC
Earth Solutions NW GRAIN SIZE DISTRIBUTION
rrn 1805 -136th Place N.E., Suite 201
1
, Bellevue, WA 98005
Telephone: 425-284-3300
CLIENT -willow Place. LLC PROJECT NAME Willow Place
PROJECT NUMBER ES-3324 PROJECT LOCATION Aubum
U.S, SIEVE OPENING IN INCHES U.S. SIEVE NUMBERS I HYDROMETER
6 4 3 2 , 1 3/4 1/2310 3 4 6 810 1416 20 30 40 60 60 100140 200
100
T
I
96
90
85
80
70
—
60
—
w 60
LL
z
w
40
35
25
0
0
------
100 10 1 0.1 0.011 0.001
GRAIN SIZE IN MILLIMETERS
SAND SILT OR CLAY
GRAVEL r j
-- marse fine medium fine
_.A
Specimen Identification
Classification
P1
Cc
Cu
0
TP-11 5.0ft.
Gray Silty SAND with Gravel, SM
3.Oft.
Gray Silty SAND with Gravel, SM
8—
0 Specimen Identification
D 1
D30
D10
%Gravel
%Sand
%Silt
%Ctay
fq 0
TP4 5.0ft.
37.6
0.259
16.7
42.0-_
42.2
0
TIP-2 3.Oft.
37.6
0.615
26.6
38.4
35.0
Report Distribution
ES -3324
EMAIL ONLY Willow Place, LLC
c/o Encompass Engineering
166 Northeast Juniper Street, Suite 201
Issaquah, Washington 98027
Attention: Mr. Tom Redding
Earth Solutions NW, LLC
Exhibit
Gl,")t"h FepOft
JAN 1, 4
IAI�
Dennis Joule, P.E.
Civil Engineer
31700 S.E. 46'" Street Consultant in
Fall City, Washington 98024 Geotechnical Engineering
Phone /FAX (425) 222 -4661
joulepe@hotmal.com
Baima- Holmberg, Inc.
100 Front Street, South
Issaquah, Washington 98027
August 24, 2007
Project 1960A
Attn: Tom Redding
Re: Willow Place Short Plats 1 & 2 Tract A2
Geotechnical Design Data for the Retaining Wall
At your request I have logged a single test pit in the center of Tract A2 to determine the
geotechnical design data for the proposed retaining walls within the pond area. Tract A2 is
shown on the plans titled Willow Place Short Plats I & 2, Road & Storm Drainage Plan,
dated 3 -7 -07, prepared by Baima- Holmberg, Inc. Civil Engineers of Issaquah.
Geology
The soils and land types of the King County Area formed largely in deposits of glacial drift
laid down during the Vashon period of the Fraser glaciation late in the Pleistocene. This site
is underlain by Vashon till. The Vashon till consists of very dense, consolidated lodgement
till that ranges in thickness to nearly one hundred feet and has a mantle of ablation till about
three foot thick. The ablation till is loose, and it is in this material that soils of the
Alderwood series formed.
General Site Soils
The site is mapped by the U.S. Soil Conservation Service as Alderwood gravelly sandy loam
(Ev).
Within the seventeen and a half -foot maximum depth of exploration, the site is underlain by
about two feet of silty sand over moderately consolidated glacial till. This till is very dense
and slightly cemented.
Page I
August 24, 2007
Project 1670
Seismic Considerations
This site is considered to be in Site Class D in accordance with I.B.C. Table 1615. 1.1
Excavation and Slopes
Temporary cut banks should not exceed slopes of 1.5:1. Permanent cut or fill banks should
not exceed slopes of 2:1. These slopes should immediately be covered with visqueen. The
visqueen should remain until they can be landscaped. Soil stockpiles should be covered with
visqueen to prevent saturation and erosion.
Retaining Wall Foundations
The retaining walls may be supported on conventional shallow foundations bearing on the
moderately consolidated glacial till (approximately three feet below the existing surface).
Reinforced concrete continuous footings may be designed to impose pressures on foundation
soils up to 4000 pounds per square foot from dead plus normal live loading. This value may
be increased by one third when considering seismic loading.
Retaining Wall Pressures
The geometry of the proposed retaining wall will prevent the wall from "rotating ",
developing "active" soil pressures. Therefore an "at rest" lateral soil coefficient of 0.5 should
be used. Retaining walls may be designed using the equivalent fluid pressure method. For
non - compacted granular soil an average backfill soil unit weight of 100 -1b /cu ft may be
assumed (lateral pressure would then be 50 -1b /cu ft). The lateral coefficient of sliding
between the concrete base and the soil may be designed at 0.40 for the undisturbed glacial
till. Passive soil pressure of 400 pounds per cubic foot may be used for the undisturbed
glacial till.
With respect to I.B.C. 1802.2.7.1, seismic earth pressure acting on retaining walls within this
project may be calculated as: P.ismio lb /ft2 = (4 lb /ft3)(H,,,,). Note: H, is the retained soil
height in feet and Pseismic is a rectangular pressure diagram added to the triangular static
pressure diagram.
Page 2
August 24, 2007
Project 1670
Retaining Wall Drains
Retaining wall drains are required. A perforated drainpipe should be placed at the upslope
base of the footing. The drainpipe should be covered with at least a twelve -inch wide zone of
washed 1/2" to 1" drainrock. The drainrock layer should extend at least three quarters way up
the back of retaining walls. The drainrock should be covered with filter fabric paper, and a
layer of native soil should be placed over filter fabric as a soil cap.
Very truly,
Dennis Joule, P.E.
Page 3
'S
0 16173
Expires 7 -9 -09
SOIL LOG - TEST PIT Iola. 1
PROJECT: Willow Place Short Plats 1& 2- TractA2 DATE: 8 -22 -07
EXCAVATED BY: Deer 120 Trackhoe HOLE ELEVATION: 474'
DEPTH TO GROUNDWATER: INITIAL None FINAL -- LOGGED BY: DJ
SOIL DESCRIPTION
COLOR
MOISTURE
CONSISTENCY
SOIL TYPE
DEPTH
PENITR- TORVANE
Very Silty Fine Grained SAND with
Brown
Damp
Loose
SPN
Rounded Gravel (Clasts to 8 ")
-1-
------
______
-2-
Tan
Medium
Mottled
Dense
-3-
Orange
-4-
Very Silty Fine Grained SAND with
Gray
Damp
Dense
SPL
Rounded Gravel (Clasts to 6 ")
-5-
(Moderately Consolidated Glacial Till)
-6-
______
-7 -
Dense
to
-8-
Very
Dense*
-9 -
-10-
-11-
-12-
-13-
-14-
-15-
-16-
-17-
Bottom Hole 17.5'
-18-
No Water
-19-
*Trackhoe had to chip and scratch to excavate
-20-
CONSISTENCY AND SOIL TYPE INDICATE SOIL_ CLASSIFICATION BASED ON THE SUGGESTED REVISIONS TO THE UNIFIED SOILS
CLASSIFICATION SYSTEM - PENITR. INDICATES READINGS TAKEN WITH A SOILTEST POCKET PENITROMETER INSTRUMENT -
TORVANE INDICATES READINGS TAKEN WITH A SOILTEST HAND TORVANE INSTRUMENT SOIL
DENNIS JOULE, P.E.
CIVIL ENGINEER
Exhibit 8
PLT14 -0001
ENGINEERING & SURVEYING
9
PRELIMINARY DRAINAGE REPORT
for
Willow Place
January 8, 2014
.uomo A;rz-Ml
4
N*
em;
Nat,
Encompass Engineering Job No. 13514
Prepared For
Randy Goodwin
15215 SE 272nd St., Suite 201
Kent, WA 98042
Western Washington Division Eastern Washington Division
165 NE Juniper St., Ste 201, Issaquah, WA 98027 108 East 2nd Street, Cle Elum, WA 98922
Phone: (425) 392-0250 Fax: (425)391-')055 Phone: (509) 674-7433 Fax: (509) 674-7419
www.EncompassES.net
Site Address:
King County Tax Parcel No.:
Project Overview
30605 132,d Avenue SE
092105 -9158
This project involves developing a 3.34 -acre parcel into 12 lots. The site is located between 130th
Avenue SE and 132nd Avenue SE, just north of SE 3071h Place. The site is mostly covered with
woods, with a house and yard on the far eastern portion adjacent to 132"d. The site slopes down
to the southwest towards 130th at about 10 %. SCS soil maps show the site to be underlain with
Alderwood Series, sandy gravely loam over till soil.
Upstream Drainage
Little if any upstream runoff flows on the site.
Level 1 Downstream Analysis
The downstream was originally visited and written up in 2004, but more recently visited in
December of 2012 to verify or revise to show where the downstream drainage now flows.
Runoff from the site collects along the east side of the site (A) and drains onto the 130th Avenue
SE paving then to the west gutterline (B). The gutter drains south to a CB grate about 50' south
(C). From the CB, a 12" storm pipe caries flows south to the corner of 130th Avenue SE /SE 307th
Place where the 12" conveyance system turns west (D). The 12" pipe flows west along the north
side of 307th (E), crosses to the south side of the street, and drains into a large R/D pond (F). The
pond discharges south into a bioswale (G), southwest into a wetland then stream (H), about
1000' downstream from the site.
The runoff draining into the storm system (A) drains west about 500' along SE 307th Place,
discharging into a detention pond located at the intersection of SE 307th Place /128th Place SE
(C). The pond discharges into a bioswale on the south side of the pond (D), then into a wetland,
about 1000' downstream from the site. This flat - gradient stream (I) continues to flow south
through woods to SE 312th Street, about 2400' downstream from the site (J). Flows cross through
a CB /24" pipe (J /K) under 312th to a deep, overgrown ditch/ravine on the south side of SE 312th
Way (L). The flows then cross to the north side of SE 312th Way through a 36" culvert a couple
of hundred feet further (M). The ravine steepens and gets deeper (N) and continues to flow
southeast, crossing under SR 18 through a large- diameter culvert at about 4000' downstream
from the site (0). Flows continue another 1000' where they join Soos Creek.
Proposed Drainage Control
A combination detention and water quality wetpond will provide the required stormwater
quantity and quality control, designed with the Department of Ecology WWHM2012 stormwater
model.
Downstream Drainage Complaints
Included are old copies of KC WLRD drainage complaints downstream of the project. As it turns
out, none of them are related to downstream flows from this site.
299-1000100 1 17
-99100011
0
12 11
12
29910001120 �X.
R-5 1-7U7,14
VO REMAIN
10 9 8 7
17-
5
TO
............. .
... . ...... .. REMAIN
.
..................
.......................... ........................... ......... ........ .. ....... ...... .....
AS ME I RF • No
0 201rul- 501X,835
3
:ozlwo I
V) i
I co�
Vj I. f?
In
13 1 II
l.j
..............
....... .......
...............
...........
. ................... ...
. ......... .......... ... .: .............
.. .......... ............ .....................................
. ....... .......................
................... ... ..
......... .........
....... --- . ......
...........
...... ....
... ...... TRA. T
:a
60
a�l
Jw
..:
i
X
m)
TRACT A
A- STOPMWATER
x
(TO BE DEDICATED
TO CITY OF AUBURN)
t : 11
�aNIrARv 4EW-R
rRMPORARY t ASEMEN;
--0 AL'OVI .ENS;
2
AS ME I RF • No
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3
:ozlwo I
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I co�
Vj I. f?
In
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3WH WI's
�I } f �
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N Downstream Drainage Map
V = 200'±
Ft
14
Aubn
ur
�I } f �
I IN,
N Downstream Drainage Map
V = 200'±
BAIMA & HOLMBERG, INC.
100 Front Steet South
ISSAQUAH, WASHINGTON 98027 -3817
(425) 392 -0250 FAX (425) 391 -3055
JOB ov 4 L' Liy w
SHEET NO
CALCULATED BY_1_� DATE
CHECKED BY DATE
enei P:
)260
A
EX.
RIM = 467.3
INV= 462.85
(12 °ADS —N&S)
rAV\lrvk
R6
c
TWZJ NGING
GATE SECTIONS
FOR AVEL
AA7CESS
F
6)
_ Q
EX. SSMH# 514— 8
RIM =463
NV= 457.62 (6 "PVC)
1.52 (8 "PVC— —OUT
INV = 457.62 (8 "IN)
TEMP. BENC ARK
—DATUM: NA 88
N
C Epp 0 w o q Zoe
`
0 du7>
UN jt F
A
10'
2' -13' HIGH REINFORCED
' (ROCKERY /BLOCK WALL
�" OR CONCRETE WALL
6' CHAIN LINK FENCE, TYP
3' BENCH
AT 10 -YEAR
v
W.S. ELEV =463.0
WATER LEVEL
—
- - -- - - --
-=
ELEV= 462.75
5' DETENTION
STORAGE
i
=458 (~ 15'
TELEV
\ \/
o 3'
-4' W/ON
STORMWATER POND
SECTION A -A
1 " =40' HORIZ.
1"=5' VERT.
3' BENCH
AT 10 -YEAR
WATER LEVEL
ELEV= 462.75
4:.''
`�.5�' :, }�.
.- �y,��,�',,' r�.A
General Model Information
Project Name: Pond
Site Name:
Site Address:
City:
Report Date: 5/14/2014
Gage:
Data Start:
Data End:
Timestep:
Precip Scale:
Version:
Seatac
1948/10/01
2009/09/30
15 Minute
0.00 (adjusted)
2013/11/20
POC Thresholds
Low Flow Threshold for POC1: 50 Percent of the 2 Year
High Flow Threshold for POC1: 50 Year
Pond 5/14/2014 3:57:02 PM Page 2
LandUse Basin Data
Predeveloped Land Use
Basin 1
Bypass:
GroundWater:
Pervious Land Use
C, Forest, Mod
Pervious Total
Impervious Land Use
Impervious Total
Basin Total
Element Flows To:
Surface
No
No
Acres
3.53
3.53
Acres
0
3.53
Interflow Groundwater
Pond 5/14/2014 3:57:02 PM Page 3
Mitigated Land Use
Basin 1
Bypass:
No
GroundWater:
No
Pervious Land Use
Acres
C, Lawn, Mod
1.46
Pervious Total
1.46
Impervious Land Use
Acres
ROADS MOD
0.5
ROOF TOPS FLAT
1.3
POND
0.27
Impervious Total
2.07
Basin Total
3.53
Element Flows To:
Surface Interflow Groundwater
Trapezoidal Pond 1 Trapezoidal Pond 1
Pond 5/14/2014 3:57:02 PM Page 4
Routing Elements
Predeveloped Routing
Pond 5/14/2014 3:57:02 PM Page 5
Mitigated Routing
Trapezoidal Pond 1
Bottom Length:
114.88 ft.
Bottom Width:
57.44 ft.
Depth:
6 ft.
Volume at riser head:
1.0885 acre -ft.
Side slope 1:
3 To 1
Side slope 2:
3 To 1
Side slope 3:
3 To 1
Side slope 4:
3 To 1
Discharge Structure
0.011
Riser Height:
5 ft.
Riser Diameter:
18 in.
Orifice 1 Diameter:
1.07 in. Elevation:0 ft.
Orifice 2 Diameter:
1.7 in. Elevation:3.335 ft.
Orifice 3 Diameter:
1.03 in. Elevation:3.75 ft.
Element Flows To:
0.3333
Outlet 1
Outlet 2
Pond Hydraulic Table
Stage(ft)
Area(ac)
Volume(ac -ft)
Discharge(cfs) Infilt(cfs)
0.0000
0.151
0.000
0.000
0.000
0.0667
0.153
0.010
0.007
0.000
0.1333
0.154
0.020
0.011
0.000
0.2000
0.156
0.030
0.013
0.000
0.2667
0.157
0.041
0.015
0.000
0.3333
0.159
0.051
0.017
0.000
0.4000
0.161
0.062
0.019
0.000
0.4667
0.162
0.073
0.020
0.000
0.5333
0.164
0.084
0.022
0.000
0.6000
0.166
0.095
0.023
0.000
0.6667
0.167
0.106
0.024
0.000
0.7333
0.169
0.117
0.025
0.000
0.8000
0.171
0.128
0.026
0.000
0.8667
0.172
0.140
0.028
0.000
0.9333
0.174
0.151
0.029
0.000
1.0000
0.176
0.163
0.030
0.000
1.0667
0.177
0.175
0.031
0.000
1.1333
0.179
0.187
0.032
0.000
1.2000
0.181
0.199
0.032
0.000
1.2667
0.182
0.211
0.033
0.000
1.3333
0.184
0.223
0.034
0.000
1.4000
0.186
0.236
0.035
0.000
1.4667
0.188
0.248
0.036
0.000
1.5333
0.189
0.261
0.037
0.000
1.6000
0.191
0.273
0.038
0.000
1.6667
0.193
0.286
0.038
0.000
1.7333
0.195
0.299
0.039
0.000
1.8000
0.196
0.312
0.040
0.000
1.8667
0.198
0.325
0.041
0.000
1.9333
0.200
0.339
0.041
0.000
2.0000
0.202
0352
0.042
0.000
2.0667
0.204
0.366
0.043
0.000
2.1333
0.205
0.379
0.043
0.000
Pond 5/14/2014 3:57:02 PM Page 6
2.2000
0.207
0.393
0.044
0.000
2.2667
0.209
0.407
0.045
0.000
2.3333
0.211
0.421
0.045
0.000
2.4000
0.213
0.435
0.046
0.000
2.4667
0.215
0.450
0.047
0.000
2.5333
0.216
0.464
0.047
0.000
2.6000
0.218
0.478
0.048
0.000
2.6667
0.220
0.493
0.049
0.000
2.7333
0.222
0.508
0.049
0.000
2.8000
0.224
0.523
0.050
0.000
2.8667
0.226
0.538
0.050
0.000
2.9333
0.228
0.553
0.051
0.000
3.0000
0.230
0.568
0.052
0.000
3.0667
0.232
0.584
0.052
0.000
3.1333
0.234
0.599
0.053
0.000
3.2000
0.235
0.615
0.053
0.000
3.2667
0.237
0.631
0.054
0.000
3.3333
0.239
0.647
0.054
0.000
3.4000
0.241
0.663
0.074
0.000
3.4667
0.243
0.679
0.083
0.000
3.5333
0.245
0.695
0.090
0.000
3.6000
0.247
0.712
0.096
0.000
3.6667
0.249
0.728
0.101
0.000
3.7333
0.251
0.745
0.106
0.000
3.8000
0.253
0.762
0.116
0.000
3.8667
0.255
0.779
0.124
0.000
3.9333
0.257
0.796
0.130
0.000
4.0000
0.259
0.813
0.136
0.000
4.0667
0.261
0.830
0.141
0.000
4.1333
0.263
0.848
0.146
0.000
4.2000
0.265
0.865
0.150
0.000
4.2667
0.267
0.883
0.155
0.000
4.3333
0.269
0.901
0.159
0.000
4.4000
0.271
0.919
0.163
0.000
4.4667
0.274
0.937
0.167
0.000
4.5333
0.276
0.956
0.171
0.000
4.6000
0.278
0.974
0.175
0.000
4.6667
0.280
0.993
0.179
0.000
4.7333
0.282
1.012
0.182
0.000
4.8000
0.284
1.031
0.186
0.000
4.8667
0.286
1.050
0.189
0.000
4.9333
0.288
1.069
0.193
0.000
5.0000
0.290
1.088
0.196
0.000
5.0667
0.292
1.108
0.451
0.000
5.1333
0.295
1.127
0.913
0.000
5.2000
0.297
1.147
1.512
0.000
5.2667
0.299
1.167
2.220
0.000
5.3333
0.301
1.187
3.023
0.000
5.4000
0.303
1.207
3.910
0.000
5.4667
0.305
1.227
4.874
0.000
5.5333
0.308
1.248
5.910
0.000
5.6000
0.310
1.268
7.012
0.000
5.6667
0.312
1.289
8.177
0.000
5.7333
0.314
1.310
9.402
0.000
5.8000
0.316
1.331
10.68
0.000
5.8667
0.319
1.352
12.02
0.000
5.9333
0.321
1.374
13.40
0.000
6.0000
0.323
1.395
14.84
0.000
Pond 5/14/2014 3:57:02 PM Page 7
6.0667 0.325 1.417 16.33 0.000
Pond 5/14/2014 3:57:02 PM Page 8
Analysis Results
POC 1
0.30 -g-
-- -
N
I'0
0
- Cumulative Pmbablltly 10
for POC #1
Total Pervious Area:
1.46
Total Impervious Area:
2.07
n
50 year
0.302279
100 year
0.335493
U
1953
0.058
0.050
+h+
`V
0.050
1955
0.143
0.049
1956
0.115
0.102
1957
0.093
I-
1958
0.103
0.053
F
0.05
10ES
t0E71 10E•3 70E4 10E.1 1� 10 700
h
Par•cr3nt T1ma Exoastllnp
0.6 I 2
6 10 M JO $° i0 80 99 95 98 99 996 1
+ Predeveloped
x Mitigated
Predeveloped Landuse Totals for POC #1
Total Pervious Area:
3.53
Total Impervious Area:
0
Mitigated Landuse Totals
for POC #1
Total Pervious Area:
1.46
Total Impervious Area:
2.07
Flow Frequency Method: Log Pearson Type III 17B
Flow Frequency Return Periods for Predeveloped. POC #1
Return Period
Flow(cfs)
2 year
0.105106
5 year
0.172226
10 year
0.215383
25 year
0.26672
50 year
0.302279
100 year
0.335493
Flow Frequency Return Periods for Mitigated. POC #1
Return Period
Flow(cfs)
2 year
0.065169
5 year
0.101787
10 year
0.131687
25 year
0.176647
50 year
0.215848
100 year
0.260374
Annual Peaks
Annual Peaks for Predeveloped and Mitigated. POC #1
Year
Predeveloped
Mitigated
1949
0.121
0.046
1950
0.144
0.055
1951
0.230
0.168
1952
0.072
0.041
1953
0.058
0.050
1954
0.089
0.050
1955
0.143
0.049
1956
0.115
0.102
1957
0.093
0.050
1958
0.103
0.053
Pond 5/14/2014 3:57:02 PM Page 9
1959
0.088
0.046
1960
0.158
0.147
1961
0.087
0.074
1962
0.054
0.041
1963
0.074
0.051
1964
0.106
0.053
1965
0.070
0.097
1966
0.067
0.049
1967
0.161
0.053
1968
0.091
0.049
1969
0.088
0.048
1970
0.071
0.051
1971
0.080
0.052
1972
0.174
0.144
1973
0.077
0.088
1974
0.086
0.052
1975
0.119
0.048
1976
0.085
0.051
1977
0.012
0.042
1978
0.072
0.054
1979
0.044
0.039
1980
0.205
0.149
1981
0.064
0.051
1982
0.133
0.113
1983
0.114
0.052
1984
0.069
0.043
1985
0.041
0.045
1986
0.180
0.075
1987
0.159
0.131
1988
0.063
0.045
1989
0.042
0.044
1990
0.381
0.154
1991
0.202
0.136
1992
0.082
0.057
1993
0.080
0.043
1994
0.027
0.038
1995
0.115
0.071
1996
0.267
0.167
1997
0.206
0.164
1998
0.050
0.043
1999
0.226
0.137
2000
0.080
0.054
2001
0.014
0.036
2002
0.093
0.089
2003
0.139
0.048
2004
0.148
0.162
2005
0.110
0.051
2006
0.124
0.100
2007
0.288
0.194
2008
0.351
0.164
2009
0.163
0.092
Ranked Annual Peaks
Ranked Annual Peaks for Predeveloped and Mitigated. POC #1
Rank Predeveloped Mitigated
1 0.3806 0.1938
2 0.3507 0.1679
3 0.2877 0.1674
Pond 5/14/2014 3:57:50 PM Page 10
4
0.2665
0.1645
5
0.2296
0.1641
6
0.2255
0.1623
7
0.2057
0.1537
8
0.2052
0.1491
9
0.2019
0.1474
10
0.1801
0.1441
11
0.1743
0.1369
12
0.1635
0.1361
13
0.1614
0.1314
14
0.1590
0.1125
15
0.1584
0.1020
16
0.1482
0.0996
17
0.1436
0.0966
18
0.1429
0.0916
19
0.1387
0.0890
20
0.1331
0.0879
21
0.1237
0.0754
22
0.1210
0.0739
23
0.1192
0.0709
24
0.1153
0.0573
25
0.1151
0.0546
26
0.1139
0.0540
27
0.1100
0.0537
28
0.1056
0.0534
29
0.1031
0.0533
30
0.0929
0.0528
31
0.0929
0.0525
32
0.0908
0.0524
33
0.0894
0.0522
34
0.0885
0.0513
35
0.0884
0.0512
36
0.0871
0.0510
37
0.0856
0.0508
38
0.0852
0.0506
39
0.0824
0.0505
40
0.0805
0.0504
41
0.0801
0.0503
42
0.0801
0.0494
43
0.0773
0.0494
44
0.0744
0.0486
45
0.0721
0.0485
46
0.0720
0.0483
47
0.0710
0.0477
48
0.0702
0.0456
49
0.0686
0.0456
50
0.0674
0.0453
51
0.0644
0.0449
52
0.0628
0.0440
53
0.0582
0.0432
54
0.0542
0.0430
55
0.0503
0.0428
56
0.0436
0.0419
57
0.0415
0.0415
58
0.0407
0.0409
59
0.0270
0.0390
60
0.0144
0.0382
61
0.0125
0.0360
Pond 5/1412014 3:57 :50 PM Page 11
Pond 5/14/2014 3:57:50 PM Page 12
Duration Flows
The Facility PASSED
Flow(cfs)
Predev
Mit
Percentage
Pass /Fail
0.0526
17490
15368
87
Pass
0.0551
15522
7223
46
Pass
0.0576
14373
7018
48
Pass
0.0601
12840
6746
52
Pass
0.0626
11867
6579
55
Pass
0.0652
10577
6361
60
Pass
0.0677
9811
6220
63
Pass
0.0702
8827
6019
68
Pass
0.0727
8248
5869
71
Pass
0.0753
7409
5627
75
Pass
0.0778
6926
5334
77
Pass
0.0803
6246
4939
79
Pass
0.0828
5867
4757
81
Pass
0.0853
5369
4417
82
Pass
0.0879
5050
4156
82
Pass
0.0904
4622
3829
82
Pass
0.0929
4357
3628
83
Pass
0.0954
3989
3352
84
Pass
0.0980
3767
3178
84
Pass
0.1005
3435
2932
85
Pass
0.1030
3133
2712
86
Pass
0.1055
2958
2541
85
Pass
0.1080
2706
2393
88
Pass
0.1106
2524
2321
91
Pass
0.1131
2325
2209
95
Pass
0.1156
2175
2127
97
Pass
0.1181
1981
2021
102
Pass
0.1207
1857
1947
104
Pass
0.1232
1712
1824
106
Pass
0.1257
1615
1730
107
Pass
0.1282
1451
1586
109
Pass
0.1308
1357
1484
109
Pass
0.1333
1243
1322
106
Pass
0.1358
1179
1234
104
Pass
0.1383
1093
1099
100
Pass
0.1408
1041
1046
100
Pass
0.1434
962
950
98
Pass
0.1459
905
875
96
Pass
0.1484
838
744
88
Pass
0.1509
786
657
83
Pass
0.1535
731
552
75
Pass
0.1560
695
485
69
Pass
0.1585
634
406
64
Pass
0.1610
589
302
51
Pass
0.1635
563
238
42
Pass
0.1661
506
174
34
Pass
0.1686
475
138
29
Pass
0.1711
428
131
30
Pass
0.1736
393
127
32
Pass
0.1762
357
120
33
Pass
0.1787
335
115
34
Pass
0.1812
298
107
35
Pass
0.1837
277
101
36
Pass
Pond 5/14/2014 3:57:50 PM Page 13
0.1862
243
76
31
Pass
0.1888
227
57
25
Pass
0.1913
200
39
19
Pass
0.1938
181
24
13
Pass
0.1963
155
0
0
Pass
0.1989
135
0
0
Pass
0.2014
120
0
0
Pass
0.2039
110
0
0
Pass
0.2064
95
0
0
Pass
0.2089
89
0
0
Pass
0.2115
77
0
0
Pass
0.2140
70
0
0
Pass
0.2165
62
0
0
Pass
0.2190
53
0
0
Pass
0.2216
47
0
0
Pass
0.2241
39
0
0
Pass
0.2266
32
0
0
Pass
0.2291
25
0
0
Pass
0.2316
22
0
0
Pass
0.2342
20
0
0
Pass
0.2367
18
0
0
Pass
0.2392
14
0
0
Pass
0.2417
13
0
0
Pass
0.2443
10
0
0
Pass
0.2468
7
0
0
Pass
0.2493
7
0
0
Pass
0.2518,
7
0
0
Pass
0.2544
6
0
0
Pass
0.2569
6
0
0
Pass
0.2594
6
0
0
Pass
0.2619
6
0
0
Pass
0.2644
6
0
0
Pass
0.2670
6
0
0
Pass
0.2695
5
0
0
Pass
0.2720
5
0
0
Pass
0.2745
5
0
0
Pass
0.2771
5
0
0
Pass
0.2796
5
0
0
Pass
0.2821
5
0
0
Pass
0.2846
5
0
0
Pass
0.2871
4
0
0
Pass
0.2897
3
0
0
Pass
0.2922
3
0
0
Pass
0.2947
3
0
0
Pass
0.2972
3
0
0
Pass
0.2998
3
0
0
Pass
0.3023
3
0
0
Pass
Pond 5/14/2014 3:57:50 PM Page 14
Water Quality
Water Quality BMP Flow
On -line facility volume:
On -line facility target flow:
Adjusted for 15 min:
Off -line facility target flow:
Adjusted for 15 min:
ind Volume for POC #1
0.0961 acre -feet
0.0485 cfs.
0.0485 cfs.
0.0327 cfs.
0.0327 cfs.
Pond 5/14/2014 3:57:50 PM Page 15
LID Report
LID Technique
Used for t ?
Treatmen
Total Volume
Needs
Treatment
Volume
Through
Facility
Infiltration
Volume
(ac-ft)
Cumulative
Volume
Infiltration
Percent
Volume
Infiltrated
watercuaiity
Percent
WaterQuallty
Treated
Comment
TWO]
�Ofuniflnffltittejd
Pond 5d4/20148:57:50 PM Page 16
JIJI'1. •t. G!`JiJ�F LC• L'ul'I'1 Nk, P4L.mw ,VV. l'Jl,J.7 r. Gl 0,
KINf'.•r COUNTY SURFACE WATER MANAGEMENT 01VISION
DRAINA5S INVESTIGATION REPORT
Page is tNVESTICATION REOU�ST Type
Received by: Date:. , OK'd by: File No..._l
Revolved r'rom.
(please print plainly for tzannir,p). (Day)
(Eve)
NAME s��YS�J 1i !' '1 PH0NE� � �-
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DiSP06MON. ' Turned to on by OR: No ,further action recommended bec:
Lead agency has been notified:
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�Sen ftie 0
.� PrPvate problem - NDAP will not consider because:
Water originates onslte and /or on neighboring parcel
Location is outside SWN4 Servi a Area. Other (Speraily):
DATE CLOSED! by,
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nt NAME JIM SIMPSON rhrwo.ar ADDRESS 138617 §E 908TFi i=9.
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FIELD INVESTIGATION ++A +�QBr��
r NADU DIVISION _.,►._. =nAXS � MAM
DETAILS OF INVESTIGATION,
SITE VISIT ON 4+04.014. DUMPING PROMLEM IN RID FACILITY D12180.
INVEITIGArON FOUND SOME DUMPING GOING ON IN THE TRACT. IN TALKING WITH MR, SIMPSON HE SAID HE WOULD
41KE TO KELP KEEP THO FACILITY CLEANED 13ECAUSiE 'WHEN HS LOOKS OFF HIS DECK IN HIS BACK YARD HE SEES A (f
MESS. I $AID WE WOULD ALLOW HIM TO HELP MAINTAIN THE FACILITY IF HE WOULD APPLY F017 A SPECIAL USE
PERMIT FROM AtA4 PROPERTY GAAYE MR, SIMPSON A POINT OF CON TA61 AND DOUBLE LOOKED THE FACILITY.
No PHOTOS TAKEN.
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lif(iiii �f � c1YeR G.4W � 'f
LOT 18
I }�,j�i,llgl "� kl..aer.,x —rt � •�. ><�x -K —1. ra.x Kg.�c ..►� .►y...x 1
ll if(i rIii Rip RAW
E Eoiill! rliil
LOT 1y
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PAD
1'!iii9ff( �
,�siii;��;' €�
IIVILJVJJ r.wo
G L%ruiv ,i Y WATZR AND LAND RtsC�mcn DMSION
DRAINAGE INVESTIGATION REPORT
� Pag'G 1: YNVBSTIOATION REQUEST Type
PROBLEM.,
f 91,` W OK'd •bV. --
�c -IVED sY:_ �_ -- ]late: -
Received froze:
E
,, (Bay) (ve)
NAME; '_:_fl,�t. � � � ,..� PHONE
AnDR.ESS; �� (_.r i, e� i r 7� t ity4..
Location of problem, if different:
Reported Problent: CALL VIRST U (Would L jke To Be Present)
ZX2
r V�
' � �.�� �_.G.r' ��(.G- C-,r+' �W��.!%+'i" ''� ✓C C.f.+���� / ✓C� .rte
Plat name: 5,P $ $ 3 f ?. b s4Dt t ,ovg4lLot No: I Block No.
Other agencies involved: No field investigation required___,___
a/4 S T R Parcel NQ -LaZW� �6 -5 Kroll 1 Th.Bros: New ..r-r w %-4
old �5(p CrC,�
Basin I. Council Dist4ot,
RESPONSE. Citizen notified on Z-2 o by: �
CLyo :', jam.. 'Q'ito the-
DISPOSI'T'ION: Tumed to on / ! by
Charge Nv. �.
phone _ letter .�,..., ire person
CSR,: No further action .4 because:
Lead agency has been notified;
Problem leas been corrected. No problem has been identified, Prior investigation addresses problem:
SGE FILE N
Private problem - NDAP will not consider because;
______,Water originates onsite and/or on neighboring parcel.
Location is outside WLRD Servic .Other (Specify):
DATE WSE le
Cornplaint 98 -4103
Investigated by Robert Manns on 2 -17 -93
r
The Drolette property is located on the downhill side of SE 312 ' Strut. The property has a 12" concreto
pipe that outlets onto the northeast cornea' of the lot, Tha pipe is underneath a private road t1 at accesses 4
lots, On 2 -19 -981 spoke with Maroie, Drolette on the phone, She told me that the culvort drains whore they
are plamtin to put the septic system. As they have little room to work with on the site, she wanted to know
could they divert tbo pipo #low baok on to the adjoining property. She wants to know what can they do
about the drainage?
I found the pipe size to be adequate for handling the drainage that it was intended for. 'The topography of
the land fits the looation of tho pipe,
1
Ava. SE
NTS f`
WOODS
I�
`f (� private Rd.
Buried pipe ? $E 312' ST �..0,.
...1 . �. . ..A..Y 1 Ylr.� • gIYV . � . 71L. . -+�� Y rel.- 1 ..� . �� . YY� . �.� • 1•�"
Drolette property
WOODS
1
f
12" Conc.
214
r
i
s
HOUNE
WATER AND Lmm REsOuRcEB D vrsxo V V ,
�f.�` +i��}n, id,'`dl`nA�71..` •'.:�i. "�:� cfl�tFl :' :: ;��� "�j •`i'iy;�,1� {y �'
49
state,
lCA1�f ®1�� i'1OBLEM, IF D4iI:NP''' V° C� /jai / ' y�-f �.�i .✓ A,�i'
Access Permission Granted Q CW Fko'st (Would Lice To Lie Present)
, � l ' •, "yell ,
1 .
ILE COPY'
Plat name: A 1C o/ Lo o: Elook No:
Other ageicies involved: No field invesii abort aired
SE' i�iiq�lA ';,,,v'q,ul.;i,im'��'��,';, I i !�! l,nli!,',h••y;
V4 s T A Parcel No icrou loc:, Th,Bros: New
RIP Basin Council niMet' City Charge No
ASVIO E. Citizen notified on by: phone letter in person
'DiSp(7:SmoNa "limed to bu B B by OR: No farther action recommended because:
Y �y�^1, p p� 9�jfJQ +ryBy}�p py[�.{1�1
MIN l a,d agony has beca noofied
Problem has be= eorreoftd. No problem has bean identified.. Prior itivestigati ®n addro es probWl:
SEE r, ME #
Private problem - IDAP will not consider because:
-Water ori&atea onsite and/or on neighboring pamel.
'Other (Specify):
DATI& CLOSED: I B By: �.�
Exhibit 9
Fill
ENGINEERING & SLf'-
PLT14=0001
FOR THE PRELIMINARY PLAT
111"?U-PAtED FOR: RANDY GOODWIN
15215 SE 272ND STRE ET, SUITE 2
KENT, WA 98042 1
PREPARED BY: ENCOMPASS ENGINEERING & SURVEYING
165 NE JUNIPER ST., SUITE 201
ISSAQUAH, WASHINGTON 98027
(425) 392-0250
DATE: JANUARY 10, 2014
REVISED:
ENCOMPASS FILE# 13514
.. ... . ... . 1 .. .. .... . .. .... . .....
Western Washington Division Eastern Washington Division
165 NE Juniper St., Ste 201, Issaquah, WA 98027 108 East 2nd Street, Cle Elum, WA 98922
Phone: (425) 392-0250 Fax: (425) 391-3055 Phone: (509) 674-7433 Fax: (509) 674-7419
www.EncompassES.net
Site Address: 30605132 "d Avenue SE
King County Tax Parcel No.: 092105 -9158
Project Overview
This project involves developing a 3.35 -acre parcel into 12 lots. The site is located between 130th
Avenue SE and 132nd Avenue SE, just north of SE 307th Place. The subdivision will create a new
road to access onto 130th Ave SE into the existing neighborhood.
SCHOOL INFORMATION:
The school age children from the proposal will attend the following:
• Lea Hill Elementary
30908 124th Avenue S
Auburn, WA 98092
253- 931 -4982
• Tillicum Middle School
30620 116th Ave SE
Auburn, WA 98092
253- 931 -4843
• Auburn Mt. View High School
28900 124th Ave SE
Auburn, WA 98092
253- 4805 -4539
CURRENT BUS STOP/WALKING INFORMATION (See attached Pictures)
Lea Hill Elementary: The site is located approximately 1/2 mile from Lea Hill and within the walking
boundary. The walking route for Lea Hill students is with an established neighborhood with sidewalks
on both side of the street.
Rainier Middle and Auburn Mt. View High are beyond safe walking distance. There is a bus "hut"
stop on SE 307th Pl. approximately 1/8 mile from the site. There are sidewalks to the bus stop.
PARCEL N0. 092105-9158 ADDRESS 30605 1 D AVE SE
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Exhibit 10
E n c o rn, pi,--] S S
ENGINEERING & SURVEYING
a
January 13, 2014
Ingrid Gaub, Assistant City Engineer
Public Works
City of Auburn
I East Main Street
Auburn, WA 98001 -4998
RE: Willow Place Preliminary Plat —PRE13 -0029
Request for Standards Deviation
Dear Ms. Gaub:
in
,�Dt�
L-00�
I L�' ", (1)
P1
In accordance with procedure outlined in Section 1.03 of the City of Auburn Design Standards, please
consider this letter a request for a deviation from standards for 1) the proposed vertical alignment for the
access street for this project, and 2) to substitute rolled curb for vertical curb in the cul -de -sac bulb. Please
see the attached plan and profile.
The proposed street access for this 12 -lot single - family plat is a straight, 340'± long Local Residential
dead end street with a single sag vertical curve at the entrance to the site. We would like to ask for a
Deviation from Standards to allow an initial vertical curve that does not meet the standards. Per section
10.02.5 of the City of Auburn Design Standards, the vertical curve length are to be designed to meet the
minimum stopping sight distance (SDD) defined in Table 10 -2 for a Design Speed of 30 MPH and
downgrade or upgrade of 8 %. Per that table, a SSD of 181' to 223' (upgrade /downgrade) is required. Per
the equation in section 10.02.5, this would require a vertical curve length of 257' to 326' using the
proposed road grade of 7.90% past the 2% grade at the entrance, resulting in cuts of about 16' along the
road alignment. This required SSD on a sag curve is only a night time constraint for vehicular
headlights— during the day, there would be no sight distance issue. But the new street will be illuminated
per City standards, eliminating the headlight issue. Therefore we request a deviation to the standards
and be allowed to construct the road with a 50' vertical curve length as proposed.
The proposed rolled curbs in the cul -de -sac bulb request is because the combination of minimum
driveway widths, and the required 10' separation between driveways results in no room for all of the
driveways in the cul -de -sac bulb. Therefore we request a deviation to the standards and be allowed to
construct rolled curbs in the cul -de -sac bulb as proposed.
If you have questions or need additional information, please call me at 425- 392 -0250 or email me at
treddiencompasses.net
Y Uobs (1) \13 \13514 WilloMDOMLetters\Ingrid Gaub - Deviation from Standards Request doc
Western Washington Division
165 NE Juniper St., Ste 201, Issaquah, WA 98027
Phone: (425) 392 -0250 Fax: (425) 391 -3055
www.EncompassES.net
Eastern Washington Division
108 East 2nd Street, Cle Elum, WA 98922
Phone: (509) 674 -7433 Fax: (509) 674 -7419
C,lTY@F '
^ WASHINGTON
December 2'2O14
Via Certified Mail
Exhibit zz
Nancy Backus, Mayor
Mr. Tom Redding
Encompass Engineering Q'Surveying
1O5NE Juniper ST, Suite 201
Issaquah, VVA98027
RE: Application No. VAR14-0002 —VViUovv Place Preliminary Plat —Administrative
Variance for Min. Average Lot Area (30GO5132 nd AVE SE, Parcel No. 0921059158)
Dear Mr. Redding:
Attached is the City P|8ODiOg 0neCtD['S or designee's official decision regarding your
Administrative Variance request.
Should you disagree with this decision, the decision may be appealed to the Hearing Examiner
as identified within the attached code, ACC GecdOO 18.70,050.
If you have any questions regarding the decision Or p[OCeSS. please contact Gary Yg0, P|oDOB[.
ai(253)2O8-43D1Or .
GiOo8n8|y.
Jeff Dixon
Planning Services Manager
Community Development & Public Works Department
JD/Uk
C[)RR14-0585
EDdO8UreS: Administrative Variance Application No. \AR14-OOO2— Staff Report
ACC Section 14.13.O1O— Administrative Appeals
ACC Section 18.7U.U5O— Administrative Appeals
APPEAL OF ADMINSTRATIVE DECISION
14.13.010 Administrative appeals.
Any administrative appeal of the project decision, combined with any environmental
determinations, which are provided by the city shall be filed within 14 days after the notice of
the decision or after other notice that the decision has been made and is appealable. The city
shall extend the appeal period for an additional seven days, if state or city rules adopted
pursuant to Chapter 43.21 C RCW allow public comment on a determination of nonsignificance
issued as part of an appealable project permit decision. (Ord. 4835 § 1, 1996.)
18.70.050 Administrative appeals.
Appeals from any administrative decision made under this title may be appealed to the hearing
examiner pursuant to Chapter 2.46 ACC.
A. Any person wishing to appeal an administrative decision shall first render in writing a
request for an administrative decision from the appropriate city official. The city official shall
issue in writing a decision within five working days of the written request.
B. If the requester seeks to appeal that decision to the hearing examiner, any such appeal
shall be filed with the planning director within 14 days of mailing the city's written decision. The
city shall extend the appeal period for an additional seven days for appeals that are
accompanied by a final mitigated determination of nonsignificance or final EIS.
C. The planning director shall notify any other city official that may be affected by the
appeal.
D. The appeal shall then be processed in the same manner as any other application for a
hearing examiner decision pursuant to Chapter 2.46 ACC.
E. The examiner shall conduct a public hearing pursuant to ACC 18.70.040 and consider
any facts pertinent to the appeal. The examiner may affirm the decision, remand for further
proceedings, or reverse the decision if the decision is:
1. In violation of constitutional provisions;
2. In excess of the authority of the official;
3. Made upon an unlawful procedure;
4. Affected by other error of law;
5. Clearly erroneous; or
6. Arbitrary or capricious. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
Any party of record who feels the administrative decision is based on error of procedure, fact or
judgment, or the discovery of new evidence may file a written appeal with the Hearing Examiner
no later than December 16, 2014, by 5:00 pm (14 days of mailing the city's written decision).
Appeals should be addressed to: Hearing Examiner, c/o Planning and Development
Department, 25 West Main Street, Auburn, WA 98001 -4998.
Administrative Variance
Application No. VAR14 -0002
Page 2
�
f
C �Ty�}F ,
I.J
N@RcVB@ckU�K�@y0r
'� �JB
WA S H I N GTO 1-,,1 25 West Moin Street *Aubu I'll WA98O0|-4998*wwvxaubunnwagov* 259-931-3000
ADMINISTRATIVE VARIANCE
Willow Place - Min. Average Lot area
January 14'2O14
December 2, 2014
VVUi8Dl G0DdVvO
Willow Place LLC
152158E272 n, ST, Suite 201
Kent, WA 98042
Agent: Tom Redding
Encompass Engineering &Surveying
105NE Juniper ST, Suite 2O1
Issaquah, VVAS8O27
Project Description: RBqUeStfor Administrative Variance approval tO reduce the
minimum average lot area from 8.OUO square feet (8F)tO
7'O33SF for the VViU0vv Place Preliminary Plat (H|e NO. PLT14-
OOO1) located in the R5 Residential zoning district.
Proposed Location: � � on: 3O8O51� AVE8E
NE%Of Section O8-21-O5
Parcel Number: 0921059158
Subject Property and Adjacent Property Comprehensive Plan designation, Zoning
classification and current Land Use:
Administrative Variance - Willow Place - Min. Average Lot Area (VAN14-0002
Staff Report
December 2.2O14
Page
AU U RNI
Comprehensive Plan
Zoning
Current Land Use
Project Site
Single-Family Residential
R5 Residential — 5 Dwelling
Single-family residences
Units per Acre
North
Single-Family Residential
R5 Residential — 5 Dwelling
Single-family residences
Public and Quasi-Public
Units per Acre
Utility facility (water tower)
South
Single-Family Residential
R5 Residential — 5 Dwelling
Single-family residences
Units per Acre
East
Single-Family Residential
R5 Residential — 5 Dwelling
Single-family residences
Units per Acre
West
Single-Family Residential
R5 Residential — 5 Dwelling
Single-family residences
Units per Acre
Administrative Variance - Willow Place - Min. Average Lot Area (VAN14-0002
Staff Report
December 2.2O14
Page
AU U RNI
w 42��_
SEPA STATUS:
Exempt per Auburn City Code (ACC) 16.06.020 and Washington Administrative Code
U|. FINDINGS OF FACT:
1. The subject property (^Sde^)iS"L^ shaped, measures approximately 145.82S3F.and
zoned R5'Residential.
2. The Site CUOt8iOS an existing SiDg|e-b]Dli|y residence and accessory S[nJCiUreS, in the
88St8rO portion to be pFeS8[V8d OO Lot 4 of the pn0pOSSd VViUOvv P|8Q8 Preliminary Plat
(File No. PLT14-0001).
3. The Pr8|iDliO8[y Plat 8pp|iC8t0O was dSi8Onin8d by the City as ^onrnp|8t8^ for
pP3C9SS|0g OD June 10, 2014 and is concurrently under review.
4. Per the p|8OS submitted for the PP3|iDliD@[y Plat, the *re|inliD@[y P|@[ of Willow P|oC8
consists of the following:
AdminietraUveVahonoo - VYi|lowMaoa - Min.AvemgebtArma (VAR14'0002)
Staff Report
December 2.2014
Page
3
6, 841 S F
4
16,210SF
5
6,060SF
6
6,171 SF
7
6,655SF
8
6,146SF
9
6,000SF
10
6,000SF
11
6,000SF
12
6,213SF
Tract A
29,860SF
Tract B
3,671 SF
4' Public Right-of-Way ROW Dedication on 132'd AVE SE
331 SF
25' Public ROW Dedication on 130,n AVE SE
8,286SF
Public ROW Dedication for SE 306 n CT
17,816SF
5. Per the conceptual preliminary plat, the average lot area is 7,033SF.
6. Per the conceptual preliminary plat and ACC 18.02.065(A), the net site area is
114,582SF.
7. Per ACC 18.07.030, the "minimum average lot area" for the R5 Residential zone is
8,000SF and per ACC 17.04.205, "lot area" is defined to include:
"Lot area" means the total horizontal area within the boundary lines of a lot, however,
the area contained in access easements, tracts, or panhandles shall not be included in
the lot area or any other lot size computation."
8. Per ACC 18.07.030, the minimum and base (maximum) density for the R5 Residential
zone is 4 -5 dwelling units (DUs) per net acre, or 11 -13 DUs for the net site area of the
subject property.
9. An Administrative Variance to reduce the minimum average lot area for the R5
Residential zone to 7,033SF is requested. This is a gain of 2 lots over the 10 lots that
would be permitted the minimum average lot area of 8,OOOSF for the R5 Residential
zone, were maintained. This is a reduction in minimum average lot area of 12.09
percent.
10. While a minimum average lot area of 7,033SF is requested, City staff is analyzing the
request at 7,000SF, in recognition of the preliminary nature of the plat drawings and the
potential for revisions to lot dimensions during review of construction plans under the
Facilities Extension Agreement (FAC). This is a reduction in minimum average lot area
of 12.5 percent.
11. Per ACC 18.07.010(E), the intent of the R5 Residential zone is to:
Administrative Variance — Willow Place — Min. Average Lot Area (VAR14 -0002)
Staff Report
December 2, 2014
Page 3
"...create a living environment of optimum standards for single- family dwellings, It is
further intended to achieve development densities of four to five dwelling units per net
acre. This zone will provide for the development of single - family detached dwellings and
for such accessory uses as are related, incidental and not detrimental to the single -
family residential environment."
12. Per ACC 18.70.015(A), the Planning Director may only authorize variance to the
following development regulations: building setbacks, lot coverage, lot area, lot width,
and building height.
13. ACC Section 18.70.015 contains standards and regulations for Administrative
Variances. The proposed Administrative Variance is required to comply with these
standards and regulations. Administrative Variances to lot area may be permitted via
approval per ACC Section 18.70.015(A)(1)(a) and the specific criteria per ACC
18.70.015(A)(1)(b).
14. Under City regulations for the Administrative Variance, no Notice of Application (NOA) is
required; no NOA was published or mailed nor any public comments solicited.
15. Per the Agent's written statement, dated May 23, 2014, the proposed Administrative
Variance is consistent with ACC 18.70.015(A)(1)(b) as follows:
18.70.015 Administrative Variance,
A. Lb. Criteri4.. The plarifring director may, in specific cases,, authorize a variance to the
d6 eiapment rcg(alatipns, �utj ct to compliance with orie 6r mare af'the f6lloiwi:r
criteria:
That the variance, if granted, will not alter the character of the neighborhood; or
be detrimental to,surrounding properties in which the lot is located. So e,lots in
the heightaOhood are.as.s6tall, and smaller than the. proposed minimum lot
size of 6,000 sq -tt for this plat. For 'instahcc, h4 the I iiii+er, ghaci& s plat
immediately to the west has lots in the law to middle 6,900's sq -ft., acid the
Kendall Ridge plat immediately to the east has lots below 4,000 sq ->t "t.
ii.. That the special circurfisWices and conditladhs associated With the variance are not
a result of the actions of the-applicaht. The necessity ofa large poiad tract to
meet Katy and S.tat,e. star wa.t .er regulations would reduee the lot count and
density cif the ptat if the vaa.riance were not approved,.
iii. Literal interpretation ofthe.provisions of this title would deprive the applicant of
rights commonly enjoyed by other properties. in the sariie zoning district. Literal
inter°pr t4ti n 6f the 'code coWd. further reduce the dei silty to belaxy the fviir
loflve dw, l in u41ts per ngt acre as specified in this zoning district.
Administrative Variance — Willow Place — Min. Average Lot Area (VAR14 -0002)
Staff Report
December 2, 2014
Page 4
iv. The approval of the variance will be consistent with the purpose of this title and.
the toning district ifi which the property is located. "i`hIA pftposed vairiahce
would iin:t the deiaslty of the O'hit in the rang6 of the coning district WhAe
rna.inta,ining the required minimum lot area of 6,000 sq -ft;
16. Compliance with the ACC 18.70.015 — Variances, Special Exceptions, and
Administrative Appeals, including the approval criteria contained in ACC Section
18.70.015(A)(1)(b), is addressed under Section IV, "Conclusions ", of this staff report.
IV. CONCLUSIONS:
ACC 18.70.015(A)(1), Building Setbacks, Lot Coverage, Lot Area, and Lot Width, specifies
that the Planning Director or designee may approve or modify and approve an application
for an Administrative Variance if the application satisfies ACC 18.70.015(A)(1)(a),
"Applicability ", and one or more of the approval criterion specified in ACC Section
18.70.015(A)(1)(b), "Criteria ". Following is staff analysis of this Administrative Variance
application's compliance with each criterion. The criteria are listed below in italics, followed
by a staff analysis.
A. These shall include variances to building setbacks, lot coverage, lot area, and lot width
not to exceed 25 percent of a quantifiable standard.
Staff Analysis:
The Administrative Variance for a minimum 7,000SF average lot area yields a 12.5
percent reduction and thus does not exceed 25 percent of the quantifiable standard.
The quantifiable standard is 8,000SF minimum average lot average lot area for the R5
Residential zone per ACC 18.07.030.
Staff finds the request meets the criterion.
B. (i) That the variance, if granted, will not alter the character of the neighborhood, or be
detrimental to surrounding properties in which the lot is located.
Staff Analysis:
The 1,000SF Administrative Variance to minimum average lot area will not alter the
character of the neighborhood.
Per ACC 18.07.030, the R5 Residential -zoned Site is permitted 11 -13 DUs at a
minimum and base (maximum) density of 4 -5 DUs per net acre. Approval of the
Administrative Variance would increase the number of lots to 12, which is consistent
with the permitted R5 Residential density of 4 -5 DUs per net acre. The increase in
density is consistent with the adjacent, similarly R5 Residential -zoned properties to the
north, south, east, and west. Approval of the Administrative Variance will therefore not
alter the character of the neighborhood by permitting a density inconsistent with the
zoned densities of the adjacent properties.
Administrative Variance — Willow Place — Min. Average Lot Area (VAR14 -0002)
Staff Report
December 2, 2014
Page 5
Additionally, subdivisions to the north (Hagadorn Park), east (Kendall Ridge), and west
(Rainier Shadows 2 Phase 1) also do not meet the required R5 Residential minimum
average lot area of 8,000SF. The minimum average lot areas for the neighboring plats
are less than 6,773SF, less than 5,827SF, and less than 7,540SF, respectively. These
adjacent developed plats have their origin in King County approval processes. The
requested minimum average lot area of 7,033SF (84,391/12) will therefore not alter the
character of the neighborhood.
Staff finds the request meets the criterion.
b. (ii) That the special circumstances and conditions associated with the variance are not a
result of the actions of the applicant.
Staff Analysis:
The special circumstances and conditions associated with the reduction of 1,000SF
requested for the Administrative Variance to minimum average lot area are a result of
the Applicant's Preliminary Plat proposal.
Per the written statement, the City's standards for storm drainage (including quality and
quantity control), as reflected in the required size of the storm pond, reduce the lot count
for the Preliminary Plat. The size of the storm pond is calculated based on the
impervious surface SF proposed within the plat and thus, based on the number of lots
the Applicant proposes.
Staff finds the request does not meet the criterion.
b. (iii) Literal interpretation of the provisions of this title would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district.
Staff Analysis:
Literal interpretation of the provisions of this title will deprive the Applicant of rights
commonly enjoyed by other properties in the same zoning district.
R5 Residential -zoned properties adjacent to the Site, located in the Hagadorn Park,
Kendall Ridge, and Rainier Shadows 2 Phase 1 plats developed when under
unincorporated King County's jurisdiction, are developed to a less than minimum
8,000SF average lot area.
Staff finds the request meets the criterion.
b. (iv) The approval of the variance will be consistent with the purpose of this title and the
zoning district in which the property is located.
Staff Analysis:
The Administrative Variance is consistent with the purpose of the R5 Residential zone,
which includes creating "a living environment of optimum standards for single- family
dwellings" per ACC 18.07.010(E).
Administrative Variance — Willow Place — Min. Average Lot Area (VAR14 -0002)
Staff Report
December 2, 2014
Page 6
Reduction to the less than minimum 8,000SF average lot area is consistent with the
purpose of the R5 Residential zone in itself, and will not alter the character of the
adjacent single - family neighborhoods. Since existing R5 Residential -zoned properties
adjacent to the Site, located in the Hagadorn Park, Kendall Ridge, and Rainier Shadows
2 Phase 1 plats developed under unincorporated King County's jurisdiction, were also
developed to a less than minimum 8,000SF average lot area, the proposed 7,033SF
minimum average lot area is consistent with the purpose of the R5 Residential zone.
Staff finds the request meets the criterion.
Administrative Variance — Willow Place — Min, Average Lot Area (VAR14 -0002)
Staff Report
December 2, 2014
Page 7
Im
ntmuldKomm
APPROVE WITH C(]N0T|{}NG as the pn}p0S8| satisfies ACC 1870.015(A)M\(8)'
"Aoo|iC8bi|it«"' and satisfies one O[ more of the approval criterion specified in ACC Section
18.70.015(A )(1)(b), "Criteria".
Approval of this Administrative Variance is based upon compliance with the project
description and Conditions of Approval as provided in the Administrative Variance
application (File No. VAR14-0002) and the Conditions of Approval set forth below. Any
deviations from the project deSCriDtiOn'8xhibitS'drning'O[CODdibonernuStbeneVievved8Od
approved by the City of Auburn for conformity with this approval. Any change from these
may require approval of changes to the permit and/or environmental review.
This Administrative Variance decision approves a reduction in minimum average lot
area tO7'0OO8F for the Willow Place Preliminary Plat (File No. PLT14-OOO1).Though
7.0338F was requested, the 7'OOOGF noiniDluDl average lot area GUOvvS for flexibility in
potential lot dimension adjustments necessary for Facilities Extension Agreement
/FA[|\ 8pp[Ove|' vvhi|8 8UU remaining consistent with Administrative V8h8Oo8 approval
criteria.
2. This Administrative Variance shall become void after the expiration Of the Willow Place
Preliminary Plat (File WO. P[[14'0001). The Planning Director may extend the period of
Administrative Variance authorization for one additional year upon a finding that there
has been no basic change in pertinent conditions surrounding the property at the time
of the original application.
APPROVAL
Prepared by:
Community Development & Public Works Department
�
Reviewed by:
Jeff Dix, n, Planning Services M8D8ge[ DATE
(C i1y Development & Public Works Department
Administrative Variance - Willow Place - Min. Average Lot Area (VAR 14-00O2)
Staff Report
December 2.2O14
Page
Exhibit 12
0TV0� +
�Wa�[���[k��8�JyOr ==%%� =_ � ��=M,=2 _=_
WASHH',]GTON 25 West Main S/reet* Aub1111NN980014098-*www.auhumwm.yuv * 253-931-3000
NOTICE OF APPLICATION (NOA)
Willow Place— 12 Lot Preliminary Plat
PL][14_0001
The City of Auburn iS issuing allotice of Application (N0A for the following described project. The
permit applications and listed studies may be reviewed at the Auburn Community Development &
Public Works Department Ek1 East Main Street, 2nd Floor, Customer Service Center, Auburn, VVA
98001.
Proposal: The proposed Preliminary Plat will subdivide 3.35-acre lot ("Site" into twelve (12) |OtS
for the construction of single-family residences on eleven (11) lots and retention of an existing
single-family residence on one (1) lot. The scope of work includes construction of public right-of-way
(RDVV) and inoprovenlenta. Stornlvvaterf8Ci|ideu. utilities, and aoS0Ci8bed grading activity.
Location: The p � project AVE SE, within the NE%of Section U9-21-U5.
King County Assessor Tax Parcel No.'aOS21O58158.
Notice mfApplication:
Notice mfCompleteness
Permit Application:
He No.
Applicant/
Property Owner:
June 24'2014
June 1O'2O14
January 14'2O14
William Goodwin
Willow Place LLC
15215GE272"" ST, Suite 2O1
Kent, WA 98042
Agent: Tom Redding
Encompass Engineering &Surveying
1O5NE Juniper ST, Suite 2O1
Issaquah, VVAS8O27
Studies/Plans Submitted With Application:
• Preliminary Drainage Report, Encompass Engineering & Surveying, Moy23.2U14
• Preliminary plat map, existing features/field topography plan, neighborhood circulation p|an,
oonoeptuo|gnad1ng/uti|ih/|andauope/tnanepodation plan, road profile/sight triangle plan,
EnCVnnpaau Engineering & Surveying, May 9, 2014
• Geot8Chnioa| Report (for Storm POnd). Earth Solutions NW, LLC. May 0'2O14
• Student Walkway Assessment, Encompass Engineering & Surveying, January 10, 2014
• Gentnnhnin8| Report (for Retaining VV3||). Dennis Joule, P.E.' August 24, 2007
Other Permits, Plans, and Approvals Needed:
°
Administrative Variance, Deviation Request, Facilities Extension Agreement, Grading Permit,
Storm Permit, Final Plat, Building Permits, Water Permit, Sewer Permit
AUBURN
NOTICE OF APPLICATION — PLT14 -0001 (Continued)
Statement of Consistency and List of Applicable Development Regulations: This proposal is
subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public
Works Design and Construction Standards.
Public Comment Period: All persons may comment on this application. Comments must be in
writing and received by the end of the 15 -day comment period at 5 :00 p.m. on July 9, 2014 to the
mailing address of 25 West Main Street, Auburn, WA, 98001 -4998. Any person wishing to become a
party of record, shall include in their comments that they wish to receive notice of and participate in
any hearings, if relevant, request a copy of decisions once made, and be made aware of appeal
rights. For questions regarding this project, please contact Gary Yao, Planner at
gyao auburnwa.gov or (253) 288 -4301.
Public Hearing: Public hearing is required for the proposal. Separate notice will be provided when
the hearing date is scheduled.
Page 2 of 3
NOTICE OF PUBLIC HEARING-PLT�4-0001 (Continued)
Project Site
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Page 2 of 2
CITY OF
7 �. � A 1: U, B','
WASHINGTON
AFFIDAVIT OF MAILING OF LEGAL APPLICATION NOTICE
Application Number:
Applicant/Property Owner:
PLT14 -0001
William Goodwin
Willow Place LLC
15215 SE 272nd ST, Suite 201
Kent, WA 98042
Agent: Tom Redding
Encompass Engineering & Surveying
165 NE Juniper ST, Suite 201
Issaquah, WA 98027
Location: 30605 132nd AVE SE, within the NE % of Section
09- 21 -05. King County Assessor Tax Parcel No,'s
0921059158.
Closing Date for Public Comments: July 9, 2014
I certify that on June 25, 2014 1 did send a Notice of Application for the above referenced
application, as required by Auburn City Code (ACC) 14.07, to all property owners located within
300 feet of the affected site. Said Notice was mailed pre -paid stamped through the United
States Postal Service at least 15 days prior to the closing date for public comments noted
above.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is
true and correct.
1
Tina Kiss — Corfirrfunity evelopment Secretary
City of Auburn, Finance Dept
City Cleric
25 W Main St
Auburn, WA 98001
Re: Advertiser Account # 107302
Ad #: 446513
STATE OF WASHINGTON
Counties of King and Snohomish
Agency Account #: 0
Agency Name:
.Affidavit of Publication
The undersigned, on oath states that he /she is an authorized
representative of The Seattle Times Company,
publisher of The Seattle Times of general circulation
published daily in King and Snohomish Counties, State
of Washington. The Seattle Times has been approved as a
legal newspaper by others of the Superior Court of King and
Snohomish Counties.
The notice, in the exact form annexed, was published in the
regular and entire issue of said paper or papers and distrib-
uted to its subscribers during all of the said period.
,.AgAi't��o4lP�s.l,, °t ,"cRiry��i x�'! Si nature
jQ
fty
Subscribed and sworn to before me on
"� � Fir 'f i }. �.. _. , , .,. � .. •'i .C:h..,...} • ` .� .r"]/ .enL.
�° ✓s,,!'t,'t'a "5' na1ire
Notary Public in and for�+he tote of Washington, residing at Seattle
Y w�
Immmil
t
Re: Advertiser Account # 107302
Agency Account #: 0
AD TEXT NOTICE OF OF AUURN
APPLICATION
The City of Auburn is issuing a
of Application (NOA) for the fol
Main street, 2nd 1 -loor, customer service
Center, Auburn, WA 98001. Proposal: The
proposed Preliminary Plat will subdivide
a 3,35 -acre lot ( "Site ") into twelve (12)
lots for the construction of single - family
residences on eleven (11) lots and reten-
tion of an existing single - family residence
on one (1) lot, The scope of work Includes
construction of public rfuht -of -way (ROW)
and Improvements, stormwater facilities,
utilities, and associated grading activity.
Location: The prolect site is located at
30605 132nd AVE SE, within the NE V4
of Section 09- 21 -05. King County Asses-
sor Tax Parcel No.'s 0921059158, Notice
of _Application: June 24, 2014 Notice of
Completeness: June 10, 2014 Permit Appli-
cation; January 14, 2014 File No, PLT14-
0001 Applicant /Property Owner: William
Goodwin, Willow Place LLC, 15215 SE
272nd ST, Suite 201, Kent, WA 98042 Agent:
Tom Redding, Encompass Engineering &
Surveying, 165 NE Juniper ST, Suite 201,
Issaquah, WA 98027 Studies /Plans Submit-
ted With Application: Prelim nary Drain-
age Report, Encompass Engineering &
Surveying, May 23, 2014; Preliminary
plat map, existing features /field topogra-
PhY plan, neighborhood circulation plan,
conceptual grading /utility /landscape/
transportation plan, road profile /sight
triangle plan, Encompass Engineering
& Surveying, May 9, 2014; Geotechnical
Report (for Storm Pond), Earth Solutions
NW, LLC, May 6, 2014; Student Walkway
Assessment, Encompass Engineering &
Surveying, January 10, 2014; Geotechni-
cal Report (for Retaining Wall), Dennis
Joule, P.E., August 24, 2007 Other Per-
mits, Plans, and Approvals Needed: Ad-
on ails applICanlOn, l-a
writing and received k
day comment period c
9, 2014 to the malling
Main Street, Auburn, \
Person wishing to bec
cord, shall include In t
they wish to receive n
pate in any hearings, i
copy of decisions once
aware of appeal right,
garding this prolect, r
Yoo, Planner at gyac
(253) 288 -4301. Publi
hearing is required for
rate notice will be prov
Ing date is scheduled.
KegalaDO= I nIS
nd shall be consls-
1ty Code, Compre-
1I1c Works Design
ards. Public Com-
as may comment
nments must be in
the end of the 15-
5 :00 P.M. on July
address of 25 West
'A, 98001 -4998. Any
me a party of re-
ielr comments that
tice of and partici-
relevant, request a
nade, and be made
. For questions re-
Ad #: 446513
Agency Name:
Exhibit 13
QF ^
NaricyBackUs, Mayor
��A S��I����-���hJ 25Weu Main Street * 8uburnNN9O0Ol-4998 + wew.aubumwa.gov * lB-93l'3O80
RE-ISSUED NOTICE OF APPLICATION (NOA)
Willow Place — 12 Lot Preliminary Plat
The City of Auburn is a Notice of Application (NOA) for the following described project.
The permit applications and listed studies may be reviewed at the Auburn Community Development
& Public Works Department at 1 East Main Gtreet, 2''" Floor, Customer Service Center, Auburn, WA
98001,
Proposal: The proposed Preliminary Plat will subdivide o 3.35-acre lot ("Site") into twelve (12) lots
for the construction of single-family residences on eleven (11) lots and retention of an existing
single-family residence on one (1) lot. The scope of work includes construction of public right-of-way
(ROVV) and improvements, stornovvoterfacilities, utilities, and associated grading activity.
Location: The project site � �ia|000tedot300O5132 AVE SE, within the NE1/4of Section O8-21-O5.
King County Assessor Tax Parcel No.'n0921O50158.
Notice ofApplication:
Notice ofCompleteness
Permit Application:
File No.
Applicant/
Property Owner:
July 21, 2014
June 1O.2O14
January 14.2O14
William Goodwin
Willow Place LUC
15215GE272', ST, Suite 2O1
Kent, WA 98042
Agent: Tom Redding
Encompass Engineering &Surveying
1O5NE Juniper ST, Suite 201
Issaquah, VVAS8A27
Studies/Plans Submitted With Application:
• Preliminary Drainage Report, Encompass Engineering &Surveying, May 23, 2014
• Preliminary plat map, existing features/field topography p|an, neighborhood circulation plan,
conceptual grading/utility/landscape/transportation plan, road profile/sight triangle plan,
Encompass Engineering &Gurveying' May 9, 2014
• Gnoteohnioe| Report (for Storm Pond), Earth Solutions NVV, LLC, May 6, 2014
• Student Walkway Assessment, Encompass Engineering & Surveying, January 10, 2014
• Geotechnical Report (for Retaining Wall), Dennis Joule, P.E., August 24, 2007
Other Permits, Plans, and Approvals Needed:
*
Administrative Variance, Deviation Request, Facilities Extension Agreement, Grading Pennit,
Storm Pernnit, Final P|at, Building Permits, Water Permit, Sewer Permit
�� tvR)RE THAN Y(NJ IMAGINED
NOTICE OF APPLICATION — PLT14 -0001 (Continued)
Statement of Consistency and List of Applicable Development Regulations: This proposal is
subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public
Works Design and Construction Standards.
Public Comment Period: All persons may comment on this application, Comments must be in
writing and received by the end of the 15 -day comment period at 5:00 p.m. on August 5, 2014 to
the mailing address of 25 West Main Street, Auburn, WA, 98001 -4998. Any person wishing to
become a party of record, shall include in their comments that they wish to receive notice of and
participate in any hearings, if relevant, request a copy of decisions once made, and be made aware
of appeal rights. For questions regarding this project, please contact Gary Yao, Planner at
yao .auburnwa.gov or (253) 288 -4301.
Public Hearing: Public hearing is required for the proposal. Separate notice will be provided when
the hearing date is scheduled.
Page 2 of 3
NOTICE OF APPLICATION — PLT14 -0001 (Continued)
Project Site
Page 3 of 3
�
CITY OF *
WASHINGTON
0N'[ 2�
AFFIDAVIT OF POSTING OF LEGAL NOTICE BY APPLICANT
Application Number:
AuppXicant/PropmrtnO�xoer:
Agent:
Closing Date for Public Comments:
PLT1 4-0001
William Goodwin
Willow Place LLC
152158E272 n, ST, Suite 201
Kent, WA 98042
Tom Redding
Encompass Engineering &Surveying
105NE Juniper ST, Suite 2O1
Issaquah, VVAQ8027
30605 132 nd AVE SE, within the NE 1/4UfSection
09-21-05. King County Assessor Tax Parcel No.'s
0921059158.
August 5, 2014
| certify that OD 1 did erect 8 land use posting board 8tthe
location above, which int|Ud8d8 Notice of Application for the above referenced application, 8S
required by Auburn City Code (ACC) 1.27 and 14.0[ The board was erected 8t least 15days
prior to the C|OSiDg date for public COnl08DtS noted above.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is
true and correct.
Name (please Frint or type) Date
bignature
NOTE
This affid8NfD7UG/be returned to the Community Development & Public N/nrka Department at
least one week prior t0the closing date for public comments Or review Of the application may b8
postponed.
CTrY OF
I.AMURIN
Wt1SH[NGTON
AFFIDAVIT OF MAILING OF LEGAL APPLICATION NOTICE
Application Number:
Applicant/Property Owner:
Agent:
PLT14 -0001
William Goodwin
Willow Place LLC
15215 SE 272nd ST, Suite 201
Kent, WA 98042
Tom Redding
Encompass Engineering & Surveying
165 NE Juniper ST, Suite 201
Issaquah, WA 98027
Location: 30605 132nd AVE SE, within the NE % of Section
09- 21 -05. King County Assessor Tax Parcel No.'s
0921059158,
Closing Date for Public Comments: August 5, 2014
I certify that on July 21, 2014 1 did send a Notice of Application for the above referenced
application, as required by Auburn City Code (ACC) 14.07, to all property owners located within
300 feet of the affected site. Said Notice was mailed pre -paid stamped through the United
States Postal Service at least 15 days prior to the closing date for public comments noted
above.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is
pment Secretary
City of Auburn, Finance Dept
City Cleric
25 W Main St
Auburn, WA 98001
Re: Advertiser Account # 107302
Ad #: 454695
STATE OF WASHINGTON
Counties of Ding and Snohomish
► Lj 71A
Agency Account #: 0
Agency Name:
Affidavit ®f Publication
The undersigned, on oath states that he /she is an authorized
representative of The Seattle Times Company,
publisher of The Seattle Tithes of general circulation
published daily in Icing and Snohomish Counties, State
of Washington. The Seattle Tithes has been approved as a
legal newspaper by others of the Superior Court of King and
Snohomish Counties.
The notice, in the exact form annexed, was published in the
regular and entire issue of said paper or papers and distrib-
uted to its subscribers during all of the said period.
Agent �a��;,,ISha��'t°n `���,Cp.1 �r�� �� �`
Signatt?re .A. >.�°
'-- `,,it1 \51`,11111•
._SuUscribed and sworn to before me on
DATEu
,,;�` u 5 McKenna
� { �n �dR
All cute) Notary Public in and ;r the -Sta e of Washington, residing at Seattle
r t'
Re: Advertiser Account # 107302
Agency Account #: 0
AD TEXT CITY AUBURN RE- ISSUED
NOTICIC E OF APPLICATION
The City of Auburn Is re- issuing a N
of Application INCA) for the folle
acre lot C
the consi
ces on ele
an existing
(1) lot Thr
ction of pu
at
of
)pli cation: July 21, 2U 14 Notice
'tenessl June 10, 2014 Permit
n: January 14, 2014 File No.
O1 APPlicant /Property Owner:
Jurveyrng, loo — juniper i, Dail' avr,
Issaquah, WA 98027 Studies /Plans Submit-
ted With Application: Preliminary Drain-
age Report, Encompass Engineering &
Surveying, May 23, 2014; Preliminary plat
map, existing features /field topography
olnn. nelahborhood circulation plan, con-
plicaUle Development Kegulatlons: I nls
proposal is subject to and shall be consls-
tent with the Auburn Clty Code, Corn
hensive Plan, and Public Works Design and
Construction Standards. Public Comment
Period: All persons may comment on this
application, Comments must be in writing
and received by the end of the 15 -day com-
ment period at 5:00 P.m, on August 5, 2014
to the mailing address of 25 West Main
Street, Auburn, WA, 98001.4998. Any per-
son wishing to become a party of record,
shall Include in their comments that they
wish to receive notice of and participate In
any hearings, If relevant, request a copy of
decisions once made, and be made aware
of appeal rights. For questions regard-
ing this protect, please contact Gary Yea,
Planner at c(Q@aubur wa. o or (253)
288.4301. Pu Ilc Hearing: Public hear-
ing is required for the proposal. Separate
Ad #: 454695
Agency Name:
Exhibit 14
Nancy Backus, Mayor-
WASHINGTON 25 West Main Street + AubumWA98OO1-499O * wwvxaubumwagov* 253-93l-3000
NOTICE OF PUBLIC HEARING
Willow Place— 12 Lot Preliminary Plat
The City of Auburn is issuing a Notice of Public Hearing for the following described project. The
permit applications may be reviewed at the Auburn Community Development & Public Works
Department at1 East Main Street, 2nd Floor, Customer Service Center, Auburn, WA 98001.
Proposal: The proposed Preliminary Plat will subdivide 3.35-ocre lot ('`Gite'') into twelve /12\ |Oto
for the construction of single-family residences on eleven /11\ lots and retention of an existing
single-family residence on one (1) lot. The scope of work includes construction of public right-of-way
(RDVV) and improvements, stOrOovvatSrfaoi|itiaa' uti|itieS, and associated grading activity.
Location: The project aiteia|ocotod at 30605 132 nu AVE SE, within the NE|{nf Section U0-21-05.
King County Assessor Tax Pon:e| No.'s 0921059158.
Notice of Application: June 24, 2014
Notice of Cornp|ebmoeao: June 10. 2014
Permit Application: January 14, 2014
File No. PLT14-0001
Public Hearing: The Hearing Examiner will conduct a public hearing on the Preliminary Plat at City
Hall Council Chernbers, 25 West Main Street, Auburn, Washington 98001 on December 8. 2014 at
G:3Oprn.
Any interested person is invited to appear and express onnnnnenta or opinions. Written cunnnoenta
may be submitted until the public hearing to Gary Yao, Planner at the mailing address of Community
Development & Public Works Department, 25 West Main 8tnaat' Auburn, WA 98001-4988 or at the
public hearing. If you have further comments or questions, please contact Gary Yao at
or/253\288-43O1.
For citizens with speech, sight orhearing disabilities wishing to review documents pertaining tothis
hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the
type of service or equipment needed. Each request will be considered individually according to the
type of request, the availability of resources, and the financial ability of the City to provide the
requested services or equipment.
��
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����u��4M(___)R[THAN YOU IMAG|NH)
NOTICE OF PUBLIC HEARING — PL]AOm](Continued)
Project Site
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AFFIDAVIT OF POSTING OF PUBLIC HEARING NOTICE BY APPLICANT
Application Number:
Applicant/Property Owner:
William Goodwin
Willow Place LLC
152158E272 nd GT. Suite 201
Kent, WA 98042
Agent: Tom Redding
Encompass Engineering &Surveying
105NE Juniper ST, Suite 2O1
Issaquah, VVAA8U27
Location: 30005132 nd AVE SE, within the NE1/4ofSection
09-21-85. King County Assessor Tax Parcel NO.'S
0921058158.
Date mf Public Hearing:
December 8, 2014
/ly
| certify that OO | did erect 8 land use posting board 8tthe
location above, which included 8 Notice Of Public Hearing for the above referenced application,
8S required hy Auburn City Code /ACC\1.27 and 2.40. The board was erected 8t least 10days
prior tO the date Of public hearing noted above.
| declare under penalty Of perjury Of the laws 0fthe State Of Washington that the foregoing iS
true and correct.
L3>��l
Name (please print or type)
/
Date
Signature
fl Ivok
Off
NOTE
This affidavit must be returned to the Community Development & Public Works Departm,
zt
least one week prior to the date of public hearing or review of the application may be postponed: '
CITY OF
tit A;.
U,�:
,. .
WASHINGTON
AFFIDAVIT OF MAILING OF PUBLIC HEARING NOTICE
Application Number:
Applicant/Property Owner:
PLT14 -0001
William Goodwin
Willow Place LLC
15215 SE 272nd ST, Suite 201
Kent, WA 98042
Agent: Tom Redding
Encompass Engineering & Surveying
165 NE Juniper ST, Suite 201
Issaquah, WA 98027
Location: 30605 132nd AVE SE, within the NE % of Section
09- 21 -05. King County Assessor Tax Parcel No.'s
0921059158.
Date of Public Hearing:
December 8, 2014
I certify that on November 19, 2014 1 did send a Notice of Public Hearing for the above
referenced application, as required by Auburn City Code (ACC) 2.46, to all property owners
located within 300 feet of the affected site. Said Notice was mailed pre -paid stamped through
the United States Postal Service at least 10 days prior to the date of public hearing noted
above.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is
true and correct.
ww4�,, °
Tina -Kriss — Community Development Secretary
�' Iqc �c:lbllc'
all �lat':
City of Auburn, Finance Dept
City Clerk
25 W Main St
Auburn, WA 98001
Re: Advertiser Account # 107302
Ad #: 492776
STATE OF WASHINGTON
Counties of King and Snohomish
Agency Account 4: 0
Agency Name:
Affidavit of Publication
The undersigned, on oath states that he /she is an authorized
representative of The Seattle Times Company,
publisher of The Seattle Times of general circulation
published daily in King and Snohomish Counties, State
of Washington. The Seattle Times has been approved as a
legal newspaper by others of the Superior Court of King and
Snohomish Counties.
The notice, in the exact form annexed, was published in the
regular and entire issue of said paper or papers and distrib-
uted to its subscribers during all of the said period.
Newspaper and Publication bate(s)
Seattle Times 11/19/14
&eve Men
Agent Signature
rr — _
cfoT
PUBLA
•? 29
FoFwas
Subscribed and sworn to before me on lymai.&'�- /2 Q76 1 y
�} DATE
Z 006
Signature) Notary Pink in and for the State of-W'- ashington. residing at Seattle
�� Ite' �c';�btle' 7J itt�i
Re: Advertiser Account# 107302 Ad #: 492776
Agency Account #: 0 Agency Name:
AD TEXT NOTICE OF AUBURN
E OF PUBLIC HEARING
The Cily of Auburn is issuing o Notice of
PIJb(Ic Hearing for the Following described
oroiecf. The permit applications may be
reviewed at the Auburn Community De-
volopmeni 8, Public Works Department at
I'East Main Street „2nd Floor, Customer
Service Center, Auburn, WA 98001.
Proposal: The proposed Preliminary Plot
will subdivide a 3.35 -acre lot ( "Site'.') into
twelve (12) lots for the construction of sin-
gle- family residences on cievan (11) lots -
and retention of an existing single- family
residence (1) tat, The scope of work
includes construction- of public rlghl -of-
way (ROW) and Improvemenis, stormwo-
ter facilities, utilities, and associated grad-
ing activity,.Locatlon: The project site Is
located at 30605 132nd AVE sE, within the
NE 14 of Section 09.21.05. King County As-
sessor Tax Parcel No.'s 0921059158.
Notice of Application; June 24, 2014
Notice of Completeness: June 10, 2014
Pormil Application: January 14, 2414 File
No. PLT14 -0001
Public Hearing: The Hearing Exam-
iner will conduct a public hooring on the
Preliminary Plat at City Hall Council
Chambers, 25 West Main Street, Auburn,
Washington 98001 on December 0, 2014 a)
6r30pm. Any inierested person is Invited
to appear and express comments or OPIn-
lons. Wrlflen comments may be submilled-
until the public hearing to Gary Yea, Plan-
ner at the mailing address of Community
Davolopment & Public Works Department,
25 West Main,Slreof, Auburn; WA 98001-
4988 or al the public hearing. If you have
further comments or auesilons, please
contact Gary Yao of
or (253) 288 -4301. Far 199 'Al Wft.w,
sight ar hearing disabilities wishing to re-
view documanls pertaining to this hearing,
should contact the Clty of Auburn within 10
calendar days prior to the meeting, as to
the type of service or equipment needed.
Each reauest will be cansldered Individu-
ally according fo.the type of request, the
availability of resources, and the financial
ability of the City to Provide the requested
services or equipment.
Exhibit 15
Hanna Snow
12818 SE 306 PI
Auburn WA 98092
206.538.8395
hannasfirm @gmail.com
June 26, 2014
Willow Place — 12 Lot Preliminary Plat PLT14 -0001 Proposal at
30605 132 °d Ave SE, Auburn WA 98092
Comments regarding the project
I would like to make a note that this area is known to have a semi large rodent (rat) population
and the residents are already spending money to keep the current rodent population at bay. If
indeed this lot is developed, this will drive the rodents from the wooded area into the
neighboring residences. According to Municipal Research & Services Center of Washington's
Nuisance Regulation a Residence must not allow their property to be infested with rodents. It
would create a hardship for the neighboring residences to deal with the rodent population once
they are pushed out of this plot into the neighboring lots. At minimum, a rodent baiting program
should be established before land modification to stop rodents looking for new homes nearby,
and therefore creating costly pest control issues for the current residents in the area.
Sincerely yours,
Hanna Snow
1
ammu Iq - 0.. 00. 1
t
—D -710 OFFICER: >> ,V&ACK DATE ISSUED: 0-1 ix 2/1
CASE NUMBER: �;�
REQUEST FOR APPEAL BEFORE THE CITY OF AUBURN
HEARING EXAMINER
Owner /Keeper of dog: °
Last Name: First: MI: D08
Address: ity: State Zip:
e Phone:
I
Work Phone:
request a hearing to contest my dog(s),
r /Keeper Signature)
being declared a:
Ludg-s Name
Potentially Dangerous Dog
,41
❑ Dangerous Dog
IYCI `1030,q
7c
This completed farm must be delivered in person or by certified mail by the owner /keeper to the
Auburn City Clerk to request a hearing.
Auburn City Cleric
25 W Main Street
Auburn, WA 98001
(253) 876 -1997
Mon - Fri: 8:00 am to 5:00 pm i ��
CASE NUMBER: OFFICER: I.Jj�1J�Jr,� DATE ISSUED:
DANGEROUS DOG REQUIREMENTS
Within twenty (20) days of receipt of this declaration, you are required to obtain a certificate of
registration and a special license for your Dangerous Dog from the Auburn City Clerk. The license will
be issued upon compliance with the following requirements:
1. Per ACC 6.35.020(0(1): Placement of a "proper enclosure" on the owner's / keeper's property to
confine the dog.
Z.. Per ACC 6.35.020(0(1): Placement of a conspicuously displayed sign on the premises where the
dog is harbored with a warning symbol that informs children or adults who cannot read of the
presence of a dangerous dog.
3. Per ACC 6..35.020(0(2): A surety bond issued by a surety insurer qualified under chapter 48.28
R.G.W. in a sum of not less than $250,000 payment to a person injured by the dog, or a policy of
liability insurance issued by an insurer qualified under title 48 R.C.W. in an amount not less than
$250,000 insuring the owner or keeper for personal injuries inflicted by the dog. (OR)
4. Per ACC 6.35.020(f)(3): A policy of liability insurance, such as homeowner's insurance,
issued by an insurer qualified under RCW Title 48 in the amount of at least
$250,000, insuring the owner for any personal injuries inflicted by the dangerous
dog, or such liability insurance that otherwise meets the requirements of RCW 16.08.080.
5. Per ACC 6.35.080 (A): If the Dangerous Dog is taken outside the required enclosure, such dog shall
be muzzled and restrained by a substantial leash or chain and under the physical control of a
person sixteen (16) years or older Who is capable of restraining such animal.
6. Per ACC 6:35.020 (g): Any dog which is declared to be a "dangerous dog" pursuant to this
chapter or Chapter 16.08 RCW shall also be required to be microchipped by a
veterinarian of the owner's choice, at the owner's expense. This shall be in
addition to the other requirements of this chapter and in addition to the applicable
requirements for licensing as defined within this title, and this procedure must be accomplished
within-30 days after the owner's receipt of the dangerous dog declaration issued pursuant to this
chapter or Chapter 16.08 RCW.
7. The special license fee for a Dangerous Dog is $500.00 per year, in addition to the regular license
fee.
CASE NUMBER: ? OFFICER: ���� DATE ISSUED:
POTENTIALLY DANGEROUS DOG REQUIREMENTS
Within twenty (20) days of receipt of this declaration you are required to provide obtain a certificate of
registration and a special license for your Potentially Dangerous Dog from the Auburn City Clerk. The
license will be issued upon compliance with the following requirements`.
1. Per ACC 6:35.030: Placement of a "proper enclosure" on the owner's / keeper's property to confine
the dog.
2. Per ACC 6.35.030: If the Dangerous Dog is taken outside the required enclosure, such dog shall be
restrained by a substantial leash or chain and under the physical control of a person sixteen (16)
years or older who is capable of restraining such animal.
3. Per ACC 6.35.035: The notice of potentially dangerous dog form, available from the city clerk, shall
be filed.
4. Per ACC 6.35.035: The special license fee for a Potentially Dangerous Dog is $100.00, and the
annual renewal fee is $100.00.
CASE NUMBER: �� ��Z� OFFICER: [,cit /VAJ0- DATE ISSUED: 6 � L2_1
AUBURN POLICE DEPARTMENT
ANIMAL CONTROL DIVISION
NOTICE OF INTENT TO DECLARE A DOG AS
DANGEROUS
POTENTIALLY DANGEROUS
ENCLOSED: PACKET COVER SHEET (PAGE A)
REASON FOR DECLARATION (PAGE 2)
HEARING NOTIFICATION FORM (PAGE 3)
APPEAL REQUEST FORM (PAGE 4)
ANIMAL REQUIREMENTS (PAGE 5)
Owner / Keeper of Dog:
Last Name: 7O2- i Ei�L First: JX 11bLL MI: ,DOB: it k7A-
Address: 3rj IML 2013 City: f State:(.,L&,_Zip:
Home Phone — $ Work Phone:
Description of Dog:
Name: 111DX M Breed(s): _5 6afA -.) i SK,
Color(s): U61TAL✓ Markings:
Sex: &F Altered: DY N . Age: � Microchip / Tattoo:
License year and number: iVbr--1 £ Rabies Vaccination Exp. Date: ixP
Veterinarian Name:
Veterinarian Phone:
Whereabouts of dog if not at owner /keeper's residence:
CASE NUMBER: ! —y OFFICER: I NN DATE ISSUED:
AUBURN POLICE DEPARTMENT
ANIMAL CONTROL DIVISION
TYPE AND BASIS OF DECLARATION & REASONING
Auburn Animal Control is seeking to declare your dog:
❑ Dangerous
Potentially Dangerous
At approximatel y hrs. on the -21� day of 20LH. Animal Control has
witnessed or been provided evidence that your animal T`'Q
? N I 'r.�nrc:Tz,R/ /h✓P S� g Cs -1 y '
Narrative: OtJ c,>°71 a
,e+/'� �� �-�K l /aA-� ,�U! SAD cruel- ► ��j � �x � �, , ,.��, •:
&T)-CL-14' 6O tr, 0,2f , ` S TI TGµ
1AJ 1/y5i1ilL 5 IQ N
4)-s ex-., ✓,eA vi 2TCO .6� tigo
AUBURN POLICE DEPARTMENT
August 20, 2014
Deniece Tozier
4149`' St NE 0
Auburn Wa, 98002
Ms. Tozier,
On July 25, 2014 the Auburn Police Department was called to your residence reference an animal
complaint involving your husky mix "Mox ". According to the reporting person Nicole Anderson, Mox
had attacked her small dog that was named "Stitch ". According to Anderson Mox bit down on Stich and
caused a puncture wound to the neck and face area. Anderson provided photographs of the injury and
paperwork associated with a local veterinarian who treated Stich due to the injury.
On July 28, 2014, Animal Control Officer G.. Winner followed up on the initial investigation. Winner
obtained statements from three witnesses and the reporting person Anderson. After obtaining the
statements, Officer Winner determined that Mox was to be declared Potentially Dangerous under
Auburn City Code (ACC 6.35.) On July 28, 2014, Officer Winner completed the Potentially Dangerous Dog
notification and it was served to you in person.
On August 1, 2014, you requested a meeting with mein order to be heard reference Officer Winner's
decision. On August 20, 2014 you arrived at the Police Department and I met with you in my office. You
described the event as you remembered and indicated that Mox did bite Stich, however you recall Stitch
being bit on the neck and not the facial area. You also indicated that perhaps other dogs may have
caused the injury. You also believe that Mox was provoked for the sole reason that Stich had come too
close to your front door and Moir was protecting your residence. It should be noted that your residence
is in very close proximity to other front doors and all of your neighbors live in close proximity to each
other. There is no evidence that supports Stich attacked or provoked Mox for him to retaliate in a
fighting manner. Finally, Stich did receive injuries and was treated by a veterinarian for those injuries.
Therefore, as the designated official for the Animal Control Authority, I have declared your Husky mix
dog "Mox" as Potentially Dangerous as described in Auburn City code 6.01.010 (A) (25). Based on this
declaration, you are required to follow the restrictions outlined in Auburn City Code 6:35.030 and
635.035 as well as penalties associated with failure to comply. These codes can be accessed on the City
of Auburn web site Auburnwa.gov.
According to Auburn City Code 6.35.010 (D), you may appeal my decision to the City's Hearing Examiner
within 15 days of the date of this letter, if it is delivered to you in person, or within 20days if this letter is
mailed to you, by filing a written notice of appeal with the Auburn City Clerk.
W.T. Pierson
Auburn Assistant Chief of Police
Auburn Police Department
Police Report for Incident 14 -09770
09/26/14 16:21:22 673
Crime: ANPR ANIMAL PROBLEM
Location: 1 -107
Received By: N Mounts
Responding Officers: N Mounts
Responsible Officer: S Betz
When Reported: 19:47:00 07/25/14
Crimes
Additional Offense: Animal Problem
Circumstances
LTR04 Apartment/Condo
GG03 No Gang/Urilrnown
Clearance: AA Arrest/Adult
Judicial Status:
Misc Entry: DSIOS /fP/KR
Modus Operandi:
Involvements
Address: 4l 49TH ST NE; B
Auburn WA 98002
Flow Recelved: V Valley Comm Agency: APD
Disposition: CLEARED ADULT ARREST 08/19/14
Occurred Between: 19:40:00 07/25/14 and 19:47:00 07/25/14
Description :
Method :
Date
Type
Description
Relationship
07/29/14
Law Incident
ANPR 14 -11234
ASSOCIATED CASE
07/29/14
Name
WALCH, TAMERA KAY
WITNESS
07/29/14
Name
CROFT, LESTER SCOTT
WITNESS
07/29/14
Name
GASSETT, DAVID E
WITNESS
07/26/14
Name
TOZIER, DENIECE AILEEN
ARRESTED
07/26/14
Name
ANDERSON, NICOLE L
COMPLAINANT
08/19/14
Offense
Animal Problem - 1 count
Charged With
08/19/14
Offense
Animal Problem - I count
Charged With
07/31/14
Offense
Animal Injuring Human - 1 count
Charged With
09/26/14
Police Report for Incident 14 -09770 Page 2 of 6
Involved Persons:
WITNESS:
Last: CROFT
DOB:
Race: U
Height:
Hair:
First: LESTER
Dr Lie:
Sex: M Phone: {) -
Weight: 0
Eyes:
COMPLAINANT:
Last: ANDERSON
DOB: 03/03/69
Race: W Sex: F
Height: 5'10"
Hair: BLU
ARRESTED:
Last: TOZIER
DOB: 11/07/67
Race: W
Height: 5'05"
Hair: BRO
First: NICOLE
Dr Lie: ANDERNL31 I DC
Phone: (253)792 -0370
Weight: 150
Eyes:
First: DENIECE
Dr Lie: TOZIEDA332QG
Sex: F Phone: (253)486 -5938
Weight: 140
Eyes: BLN
WITNESS :
Last: GASSETT First: DAVID
DOB: 09/24/55 Dr Lie:- 2890953
Race: W Sex: M Phone: (503)984 -5418
Height: 6'02 Weight: 220
Hair: Eyes:
WITNESS :
Mid: SCOTT
Address: 41 49TH ST NE; #D
City: Auburn, WA 98002
SSN: --
Work Phone: (} -
Mid:
L
Address:
41 49TH ST NE; A
City:
Auburn, WA 98002
SSN:
--
Work Phone:
(} -
Mid: AILEEN
Address: 41 49TH ST NE; B
City: Aubum, WA 98002
SSN:
Work Phone: O -
Mid: E
Address: 1901 SE MINTER BRIDGE RD;
#35
City: HILLSBORO, OR 97123
SSN: - -
Work Phone: () -
Last: WALCH
First:
TAMERA
Mid: KAY
DOB: 05/22/61
Dr Lie:
WALCHTK398K2
Address: 100 AUBURN WAY S; B4
Race: W Sex: F
Phone:
() -
City: Aubum, WA 98002
Height: 5'05"
Weight:
150
SSN:
Hair: BRO
Eyes:
BRO
Work Phone: () -
09/26/14
Police Report for Incident 14 -09770
Narrative
N. Mounts #3561 Sat Jul 26 00:23:38 PDT 2014 Car 18 /Video /No
A dog bit a neighbor dog. The victim dog had to go to the vet for its injuries.
On 07/26/14 around 2040 hours I called Nicole Anderson. she had called to
report an animal issued and requested phone contact because she was on her way
to the veterinary with her dog.
Nicole told me that her neighbor Denice Tozier from unit H had an aggressive
Husky type dog that had attacked 4 -5 dogs in the neighborhood. Nicole said she
had called animal contiol before, but because the Husky had not injured any
animals nothing could be done.
Nicole said that earlier in the day the Husky attacked her dog and shook it,
causing a puncture wound in her dog. She said this was the second attack that
drew blood or caused a wound. Nicole also said the dog had lunged at two people
but hadn't caused any damage to them.
I did not speak with Nicole after she took her dog to the veterinarian but she
said she would update Animal Control Officer Winner about the dog's injuries.
This report should be forwarded to Animal Control for information.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF TH£ STATE OF WASHINGTON
THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE AND THAT I AM ENTERING MY
AUTHORIZED USER ID AND PASSWORD TO AUTHENTICATE IT.
Signature: N. Mounts #3561
Date and Place: 07/26/14 City /Town of Auburn, County of King
Page 3 of 6
[47i�7IC!
Police Report for Incident 14 -04M
Supplement
Sequence:l
G WINNER #9505 105A NV Tue Jul 29 08:00:13 PDT 2014
SGT E ARMSTRONG /DS
On 07 -28 -14 I contacted Nicole Anderson by phone regarding this complaint.
Anderson provided me a telephonic statement regarding Friday's (07- 25 -14)
incident, photos of her dog's (STITCH) injury, and photos of the offending dog
(MOX) out, off leash, after the attack. Anderson also sent me multiple photos
of the offending dog (MOX) laying on it's porch, off leash, unattended.
After obtaining Anderson's statement and photos I arrived at the address of
the offending dog, Max and owner, Deneice Tozier, 41 49th St Ne #B, Auburn, King
County, WA_ Tozier had also called me requesting to talk about her neighbors.
I had spoken with Tozier the morning of Friday 07 -25 -14 regarding letting her
dog out and keeping the dog on leash in the apartment's common area due to a
general complaint with no proof of the dog being out and attacking dogs at this
location.
I spoke with Tozier, her friend, Tamers. Walch, and another neighbor, Lester
"Scott" Croft, all of which were on scene. Croft and Walch both provided me
with signed written statements that differed from Anderson's. I also spoke with
David Gassett, who was visiting Anderson. Gassett also provided me a signed
written statement that read similarly to Anderson's, but again differed from
Tozier's account of events.
Tozier was not willing to provide me a signed written statement, but she did
read and sign an Explanation /Waiver of my Constitutional Rights form. I found
it particularly odd that, being directly involved, Tozier was not willing to
provide a statement. Tozier said this is just how she was taught, that she
should not give the police a statement, and she even had trouble calling me that
weekend.
Tozier said her dog, Max, was approached by Stitch, who walked up to Max's
Chest, growling. Tozier said Mox_ only had his mouth on the back of Stitch's
neck, and never bit Stitch in the face. Tozier, Croft and Walch all said that
Anderson then hit Mox on the head, and that ended the dog fight.
Croft was at his porch, two doors down from the dogs, and he could not see the
event well enough to provide me an accurate description of what happened. 4Jalch
had been standing with Tozier during the dog fight. Walch had said she was more
concerned with her own dog not getting involved during the fight and did not see
who was bitten where.
Gassett and Anderson both said Max stalked towards Stitch, pushed between
Anderson's legs and grabbed Stitch by the face and shook. Anderson and Gassett
both said Gassett was the one who hit Max on the head, which resulted in Max
dropping Stitch. While on Scene Gassett also displayed a vet bill from Auburn
Animal Emergency Clinic, from the night of 07- 25 -14, in the amount of $176,
which I took a photograph of.
All parties involved did admit that both dogs were off leash at the time of
the dog fight.
Given the nature and location of Stitch's injuries it is apparent that the dog
was bitten in the face. Leading me to believe Anderson and Gassett's statements
were more accurate.
of note, while speaking with Tozier and Walch, Walch had brought her long
haired Miniature Dachshund over to Tozier's residence. Tozier and Walch both
said Walch had visited before. While speaking with the two I witnessed Max bare
his teeth at the Dachshund on two occasions when the Dachshund approached close
to Max. Otherwise, Max was laying on the porch. Max was slightly hand -shy when
I was interacting with him, but never showed any aggression towards me.
Page 4of6
091261]4
Police Report for Incident 14 -09770
Tozier had a rabies vaccine tag on Mox's collar, but the vet had told Tozier,
by her own admission, that tag did not belong to Mox, and they had no record of
Max ever coming in. Tozier also does not have a current license for Mox.
I then declared Mox a Potentially Dangerous Dog, providing a copy of the form
to Tozier, and having her sign a second copy, which will be included in the
case jacket. I also issued Tozier four infractions and on citation for AMC
6.02.090 (Animal Injuring Human /Domestic Animal) Given the history of incidents
indicated b'y Anderson, and that fact that Mox is apparently rarely on leash,
Tozier's negligence to contain her dog appropriately has resulted in this
incident.
The infractions issued, included AMC 6.02.010.1 (Animal At- Large, 1st), AMC
6.02.040.1 (Dog Off Leash, 1st), AMC 6.04.010 (Failure to License), AMC 6.04.015
(Failure to Rabies Vaccinate). Additionally, there were two infractions issued
for G7 -27 -14 at 1708 Hrs, AMC 6.02.010.2 (Animal At- Large, 2nd), AMC 6.02.040.2
(Dog Off Leash, 2nd), to be sent by mail, based on Anderson's statement and
photos, of the dog at large and off leash, following the bite suffered by
Stitch.
Finally, I issue Anderson three infractions, to be sent by mail, based on her
statement, as well as Tozier's comments to me.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON
THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE AND THAT I AM ENTERING MY
AUTHORIZED USER ID AND PASSWORD TO AUTHENTICATE IT.
Signature: G. Winner #:9505
Date and P1ace:07 -29 -14 City /Town of Auburn, County of King
Page 5 of 6
09/26/14
Police Report for lricident 14 -09770
Supplement
Sequence:2
J PRICE #9214 Thu Jul 31 22;22:12 PDT 2014 PROSECUTION DECLINED 7/31/2014 PER
H 80ESCHE CITY PROSECUTOR...JP
Page 6 of 6
09/26/14
-CITY OF
- L
Nancy Backus, Mayor
WASHINGTON 25 West Main Street kib&n WA 98001-4998 253-931-3000
November 1. 3, 2.0 1.4.
DELIVERED BY CERTIFIED AND FIRST'CLASS US MAIL
A00 0
0 ah t, D6 niece A. T zier
.41 49 th§tIKE #13
Auburn WA 980&.'
`C ITYL. -.0F'AU BURN
NOTICE OFAPPEAL HEARING
Notice is' hereb y 'diven that the Ci ty of-Auburn Hearing Examiner will -conduct a
hearing on the appeal by Deniece A. Tozierph the . City. of Auburn's designation of
the',doa known -as ox_ 111'as a potentially dangerous dog., The dog known, as
1 is''d6sidribed as a four 'year 61d male Hdsky.
The hearing Will be held Monday, December 8, 2014, at 6:30 p.m. in the, Council
Chambers of Auburn City Hall located at- 25 West . Main - S tree - t, Auburn, WA,
.980'01.
DATED AND. MAILED THIS 13TH DAY OF NOVEMBER 2014.
CITY OF AUBURN
!D_aNe_Ik_0`as "a— Q it-
_ y Clerk
CC Nicole Anderson
4.1.49th
9 th S E - tN - '.#A
Auburn WA 98002
AUBURN * MORE THAN YOU IMAGINED
CITY OF AUBURN
NOTICE OF APPEAL HEARING
Notice is hereby given that the City of Auburn Hearing Examiner will conduct a hearing
on the appeal by Deniece Tozier on the City of Auburn's designation of the dog known
as "Max II" as a potentially dangerous dog. The dog known as "Mox II" is described as
a four year old, male Siberian Husky.
The hearing will be held Monday, December 8, 2014, at 6:30 pm in the Council
Chambers of Auburn City Hall located at 25 West Main Street, Auburn, WA, 98001.
Do Not Publish Below This Line
Publish in The Seattle Times on November 18, 2014