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03-1040551 COMMUNITYDEVELOPME B DEPARTMENT MAR 2 2 2005 Paul Noyes 31327 10' PL SW Federal Way, WA 98023 March 19, 2005 City Of Federal Way 33325 8t' Av South P. O. Box 9718 Federal Way, WA 98063-9718 RE. File #03-104055-000-00-SE, Environmental Threshold Determination Noyes' Preliminary Plat Dear Ms. McClung: These comments are forwarded within the formal 14 day comment period as required by SEPA rules. The findings are there are no significant adverse environmental impacts. I would like to point out some positive environmental impacts by the short plat that are apparently beyond the scope of review. 1. Subject short plat would intercept surface water at the east boundary that now is running into the wet land untreated. 2. The short plat would block surface water at the south end from draining directly onto existing street, 11 PL SW, but would not detain and treat before flowing into existing storm sewer. 3. Proposed fencing would delineate and better protect wetland buffer. In addition to positive impacts to the environment, there are benefits to the neighborhood such as: 1. Two existing dead-end streets now without turnarounds would be connected. 2. Police and Fire would have a shorter and more direct access to the neighborhood to the south. 3. Neighborhood children would have a much shorter walk to school. 4. The small increase in traffic on I& PL SW would coincide with the City's plans to add a turn lane on 312t'. 5. The approved short plat would convey right of way along 312t` for street widening, thus avoiding the need for the City to purchase the land. Respectfully. PallI Noyes 31327 loth PL SW n 41k FederalCITY a. Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.citvoffederalway.com DECLARATION OF DISTRIBUTION i, hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance S) and Scoping Notice dy Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ FWCC Interpretation ❑ Other was � ❑ mpailed(� ❑ faxed 11L�✓�Ze I 2005. Project Name File Number(s) 0 � Signature Date 3Lo2 Aoo.5 ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document ❑ e-mailed and/or E posted to or at each of the attached addresses on r(,f Plcc- 5- n K:\CD Administration Files\Declaration of Distribution.doc/Last printed 2/7/2005 5:07 PM Posted Locations 1. Federal Way Regional Library — 34200 1St Way South, Federal Way, WA 2. Federal Way 320th Branch Library — 848 South 320th Street, Federal Way, WA Federal Way City Hall — 33325 8th Ave South, Federal Way, WA 4. Three on Site — 31327 10th Place SW, Federal Way, WA a. SW 312th Street b. 10 Place SW c. 1 lth Place SW Noyes Preliminary Plat Returned SEPA Notices Ross, Emmett E & Audrey J 31250 10 Ct SW Federal Way 98023 Nguyen, Phai V 31434 1 Vh PI SW Federal Way 98023 Ross, Valerie J 31410 11`' PI SW Federal Way 98023 Stadler, Carla A 1109 SW 311 Ct Federal Way 98023 Bruschera, Donald J 1115 SW 31 Vh Ct Federal Way 98023 Smiech, James E 1121 SW 311 Ct Federal Way 98023 Juchmes, James H 31402 12 Ave SW Federal Way 98023 Van Assche, Terese E 31108 1 Vh Pl SW Federal Way 98023 Yuen, Johnny N 31421 1 Vh PI SW Federal Way 98023 Roberts, John B & Joanne M 31419 12 Ave SW Federal Way 98023 Tub , Nigel S 31219 12 Ave SW Federal Way 98023 Demers,. Harrison H & Rita M 31325 12th Ave SW Federal Wa 98023 CITY OF Federal Way NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE Noyes Preliminary Plat Environmental Review Federal Way File No: 03-104055-00-SE Description: Environmental determination for proposed subdivision of a 4.74-acre site into eight single- family lots, including right-of-way improvements, utilities, storm drainage facilities, and other related infrastructure improvements. Approximately 41 percent of the site will be retained in two separate open space tracts, one containing a regulated wetland and wetland buffer. Roadway improvements would intrude into a 48 square -foot portion of wetland buffer. Location: 31327 10`h Place SW, Federal Way, WA Applicant: Paul Noyes Lead Agency: City of Federal Way Staff Contact: Deb Barker, Associate Planner, 253-835-2642 The City of Federal Way has determined that the following project does not have a probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.2 1 C.03 0(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the City. Further information regarding this action is available to the public upon request at the Federal Way Department of Community Development Services (Federal Way City Hall, 33325 8 h Avenue South, PO Box 9718, Federal Way, WA 98063-9718). This Determination of Nonsignificance (DNS) is issued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m. on March 23, 2005. Unless modified by the City, this determination will become final following the comment deadline. Any person aggrieved by the City's determination may file an appeal with the City within 14 days of the above comment deadline. You may appeal this determination to Kathy McClung, Director of Community Development Services, at the City of Federal Way (address above), by a written letter stating the reason for the appeal of the determination. You should be prepared to make specific factual objections. Published in the Federal Way Mirror on March 9, 2005. 03-104055 Doe. I.D. 30682 �f`� • •? OZ .sue [Ti !�. - ; '�� i -�I1.�1 ��Y.'4 �3Atl MI$ •k4$ �4Y illi' _ ' _. • o ° m � .--MS ld HLB LL_ m gg fjI - n O H d H w � � � M. �J _ I Mg ld H1B o i "r ----•-"---� - .; -1 .. .1 i 1- j 'MS IdIll to - — — _ � - --- Ms 3nv ol cn L '-w Lu x •E 0 G L 3 LL /� - - '7ft� 1i M�Yi. •m5Id Hlll � M U),M oul 1 w. ZM 1_'� • . 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FEDERAL WAY Your Community Newspaper - Affidavit of Publication Debbie Kaufman, being first duly sworn on oath, deposes and says that she is the Publisher of The Federal Way Mirror, a semi -weekly newspaper. That said newspaper is published in the English language continually as a semi -weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained at the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way L-854 as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive week(s), commencing on the %h day of March 2005 , and ending on the %h day of March, 2005 both dates inbiusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 8$ 6.32 which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090 Subscribed to and sworn before me this 16th day of March, 2005. Notary Public in and for the State of Washington, Residing at Federal Way �] A fog �9 '3TAR 7% ZF _ a p a■- =N�.rfiAP UOL1Go'%- 0N N .•rMB�RA:• �yC? �.�� rrr 1414 SO. 324TH STREET, SUITE B210, FEDERAL WAY, WA 98003 ■ 253-925-5565 ■ FAX: 253-925-5750 CITY OF FEDERAL WAY NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE Noyes Preliminary Plat, Environmental Review Federal Way File No: 03-104055-00-SE Description: Environmental determination for proposed subdivision of a 4.74-acre site into eight single-family lots, including right-of- wa�, improvements, utilities, storm drainage facilities, and other related infrastructure im- provements. Approximately 41 percent of the site will be retained in two separate open space tracts, one containing a regulated wet- land and wetland buffer. Roadway improve- ments would intrude into a 48 square -foot portion of wetland buffer. Location: 31327 10th Place SW, Federal Way, WA Applicant: Paul Noyes Lead Agency: City of Federal Way Statf Contact: Deb Barker, Associate Plan- ner, 253-835-2642 The City of Federal Way has determined that the following project does not have a prob- able significant adverse impact on the envi- ronment and an Environmental Impact State- ment (EIS) is not required under RCW 43.21 C.a30(2)(c). This decision was made after review of a completed environmental checklist and other information an file with [he City. Further information regarding this action is available to the public upon request at the Federal Wa Department of Community De- velopment Services (Federal Way City Hall, 33325 8th Avenue South, PO Box 9718, Federal Way, WA 98063-9718). This Deter- mination of Nonsigni€icance (DNS) is issued under WAC 197.11-340(2). Comments must be submitted by 5:00 p.m. on March 23, 2005. Unless modified by the City, this determina- tion will become final following the comment deadline. Any person aggrieved by the City's determination may file an appeal with t]ie City within 14 days of the above comment deadline. You may appeal this determination to Kathy McClung, Director of Community Development Services, at the City of Federal Way (address above). by a written letter stat- ing the reason for the appeal of the determi• nation. You should be prepared to make specific factual objections. FWM#-854 Published on March 9, 2005. Deb Barker- Vicinity map request Page 9 From: Deb Barker To: Reema Shakra Date: 03/04/2005 5:19:00 PM Subject: Vicinity map request Hi Reema - I need a vicinity1map for the Noyes preliminary plat SEPA application on Tax parcel #072104- 9082, File # 03-105055-00-SE. Would you be able to do this by Wednesday? Also, I will need the lot posted on Wednesday for SEPA, count on at least 3 SEPA notice boards for this one, what with the adjacent streets. Thanks deb CITY OF 4s,. Federal March 9, 2005 Mr. Paul Noyes 31327 10'h Place SW Federal Way, WA 98023-4510 CITY HALL �� 8th Avenue South • Box 9718 Federal Way, WA 98063-971718 (253) 835-7000 www.cityoffederalway.com RE: File #03-104055-000-00-SE; ENVIRONMENTAL THRESHOLD DETERMINATION Noyes Preliminary Plat Dear Mr. Noyes: This office and other City staff have reviewed the environmental checklist you submitted. We have determined that the proposal will not have a probable significant adverse impact on the environment. As a result, an Environmental Impact Statement (EIS) is not required to comply with the State Environmental Policy Act (SEPA). A 14-day comment period is required by the SEPA rules (WAC 197-11-340). A notice inviting comments will be published in the Federal Way Mirror on March 9, 2005. At the end of the comment period, the department will determine if the DNS should be withdrawn, modified, or issued as proposed. All final determinations may be appealed within 14 days following the comment deadline. No licenses, permits, or approvals will be issued until completion of the appeal period. Our decision not to require an EIS does not mean that the license, permit, or approval you are seeking from the City has been granted. Approval or denial of the proposal will be made by the appropriate administrative or legislative body vested with that authority. The environmental record is considered by the decision maker(s) and conditions will be imposed to reduce identified environmental impacts, as long as the conditions are based on adopted and designated City policy. After a final decision has been made on your proposal (i.e., after a permit has been issued or City Council action taken, as applicable), you may, but are not required to, publish a Notice of Action as set forth in RCW 43.21 C.075. The Notice of Action sets forth a time period after which no legal challenges regarding the proposal's compliance with SEPA can be made. A copy of the Notice of Action form and copies of RCW 43.21C.080 and WAC 197-11-680 providing instructions for giving this notice are available from the Department of Community Development Services. The City is not responsible for publishing the Notice of Action. However, the City is responsible for giving a notice (to parties of record) stating the date for commencing a judicial appeal (including the SEPA portion of that appeal) if your proposal is one for which the City's action on it has a specified time period within which any court appeals must be made. If you need further assistance, feel free to call Deb Barker, Associate Planner, at 253-835-2642. Sincerely, Ko-� ft,94-J-� Kathy McClung, Director Department of Community Development Services enc: DNS Staff Report 03-104055 Doc. LD. 30681 ;vow T tea? S „N$ A e3'E'a' anN fi U W2 n. N [ �ac7 u'lOA ..I H z <<e E<�o i rstaa � t� o"$ J ' Z. J E_ a 1 a aJj/ Uo W LU .ie i Y R•f0il._L ��/ �� s • N3� 5 Z f osoo 0 1 ti S 9 t L �� °ice aco° oroo osoo o loo , t ..y• ��ti ♦ {. k 80 � ' °��' "ter 5 ♦ _ _ � _ 5 — -- r 'A I S6O�'lr'�p ip O oO °O� Z' Dr [a true r) orzo osro ob 7pJ o Gr ON SaROA ob lb ato p Pilo lo °, l ti '° a yyII s $$ N.[t[ON W C• 3 n S g u a a F g azscr ddac,en[s5 � �o I�®e®no Y FILE K ,t_ CITY OF Federal Allay State Environmental Policy Act Environmental Determination of Nonsignificance NOYES PRELIMINARY PLAT ENVIRONMENTAL REVIEW Federal Way File No: 03-104055-00-SE Description of Proposal: The proposed action is a subdivision of a 4.74-acre site into eight single-family lots. Site improvements include developing right-of-way improvements, utilities, storm drainage facilities, and other related infrastructure improvements. Approximately 41 percent of the site will be retained in two separate open space tracts, one containing a regulated wetland and wetland buffer. Proposed roadway improvements would intrude into a 48 square -foot portion of the wetland buffer. Proponent: Paul Noyes 31327 10`h Place SW Federal Way, WA 98023 Location: 31327 loth Place SW, Federal Way, WA Lead Agency: City of Federal Way City Contact: Deb Barker, Associate Planner, 253-835-2642 The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist, the Federal Way Comprehensive Plan, final staff evaluation for this action, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant to RCW 43.31C.060. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by 5:00 p.m. on March 23, 2005. Responsible Official: Kathy McClung Position/Title: Director of Community Development Services Mailing Address: 33325 8th Avenue South, PO Box 9718, Federal Way, WA 98063-9718 Date Issued: March 9, 2005 Signature: eazk"�_ 03-104055 Doc. LD. 30680 NOYES PRELIMINARY PLAT 1 ��j MC ALPINE ADDITI�NAT 'A" y 0010 VOL. 122 49-52 AREA S259E50] OF FEDERAL WAY n v SW 3T h STET 61' N01' 326.55' Q A0 r �J r( N07'13' 12' •TO BE DEDICATED FOR R/W 0p0^tioD' FER 1 TRACT'A' L ` CEO '0I N40'40'48"W 9a I WETLAND a)7 59 \ I 70,622 sq.ft.t f( J`{ ' lo� 00° CN,A-4'47"E 'V V wO N0212r.65•E F Wd olA\ AL WM N O I> �'- p° BUFFER INTRUSION \ 092 ^\ / N64' '44 \\?s4` 48.3 S0. FT. .�Q \ / 14 2 . N§9'OZr1Od;E o rya $�� a9" �y �a °°' �=a qI4_.s� ' �.� NO 32' e"w 1R8.20' p B _TYPE It Z 20 r 3 fl4'USABl.�,Oi�N _,� _ R=100.0P' L-9.53� LE = 2e9.20[s t` I N' m TRACT 'Er ♦ 0 �L-37 72 N83'49'55"w \ \,k 1 �347 0 sq.ft.f \ 6334 2508' -+�,.-- • � e�•. ,• �;� � .-. LEGEND )D EX FIRE HYDRANT�. _ - - yVi-.�r' ��.,.•r}- ^ O ! J �Ir- / .L>ta 9 y: •• •. f TYP $ EX WATER GATE VALVE '� j� /i ¢ \ 1 �y\ k!• �" _ - RIM— 2L ® EX WATER METER 10,09)\sq.ft.t,Z1"E g4�25 US` I.E. Y EX BLOWOFF I / 1 .'� J 'SHELTER 4 EX UTILITY POLE n M OVAULT `.�g. / ! .':... �. I 0 EX. POWER POLE W\LIGHT A% °� 5 (TYP.) • / :...r.'� ... .. Q •- EX. STORM CULVERT N N =' ® EX CATCH BASIN TYPE It I' SE- +�. :'...':_: f f w. EX. CHAINUNK FENCE ' 'I �-- .�' •• /.•ter $ \ m I O �— EX WOOD FENCE 1 I 2 y r ry+n. / �-{/ 7,930 sgJt.±\� ! � 0 m l 23,411 s ft. EX SANITARY SEWER MANHOLE ry \ q •rl •:• .:: ® EX GAS METER N N If 3�D• . W, "J ,C�¢• ' _.' .. ` / j\` ~CI EX MAILBOX Q 1� ! �� . _ i 2��i`\ I UI o° o Q ® EX MONUMENT Z� \ �":'.._ 7, 00 sq.ft_•\\'• �) 327 581) MAJOR TAX PARCEL No. �O \ 3 \\_/J20' _ry.:.=?:'•..' /-k.��•.�� \� \ 7.400 sq.ft.f 7.,r I �• T 0030 INDIVIDUAL TAX PARCEL No. (,] ` + \ J u,•7� ' 19 7� �Y I 0 ■ PROPOSED CS (M.) � 0 •-. \I .�Neo753.3r1yY � 'r :' �., / 0 PROPOSED SSUH p p 'rZ'•.•• �1 I �'! .•-_� .) t 0 H.OA HOME 0457ICR5 -J m M I '~ ti , •� \ ° (0 AssGtxA1LON } N. 8414+ty�1�c28.32'� I m 00 Yti ti9o�I ! 5 •. �� I[ I 0 n 7�3rtS0 sq.it.� L=31.41' 1 I 'IO Q 0 0 •(MOT'C� �._._ FORM ORAINAl �.,.�.�. _ i� p ..-.. _ __ .�. 13.223 sqG'fLt \ f SS Y3 —mac I �° m To BE 0EDICATEQ L /� t 4 ° TO THE PUBUCj �'SAQ7 sq.ft.t T! .6to 2W 108.85, 60. ° Z�SMI- 9 �2 ° 1pD315 C ��1 111�9.99 pR RIM EXHIBIT t I.E. MC9 MN, pt50 Jv n� ME NORTH \ ::I : V�5goEi07 �� p1g0 V f. PAGE- 7 p,7p 21 p210 1 '.3.. q� J � yn � N 33.5 LF 8' CMP 0 1.82% f iy • -'. ] i o, p, 80 /� A' 0 I CS -TYPE R J j 'J„ •i71 Cg -� 1 I RIM - 7R9.58 '•�, :d .: � • 'E"f Vlu � 0a 7A u FILE 1�k CITY OF Federal Way NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE Noyes Preliminary Plat Environmental Review Federal Way File No: 03-104055-00-SE Description: Environmental determination for proposed subdivision of a 4.74-acre site into eight single- family lots, including right-of-way improvements, utilities, storm drainage facilities, and other related infrastructure improvements. Approximately 41 percent of the site will be retained in two separate open space tracts, one containing a regulated wetland and wetland buffer. Roadway improvements would intrude into a 48 square -foot portion of wetland buffer. Location: 31327 101h Place SW, Federal Way, WA Applicant: Paul Noyes Lead Agency: City of Federal Way Staff Contact: Deb Barker, Associate Planner, 253-835-2642 The City of Federal Way has determined that the following project does not have a probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the City. Further information regarding this action is available to the public upon request at the Federal Way Department of Community Development Services (Federal Way City Hall, 33325 8`h Avenue South, PO Box 9718, Federal Way, WA 98063-9718). This Determination of Nonsignificance (DNS) is issued under WAC 197=11-340(2). Comments must be submitted by 5:00 p.m. on March 23, 2005. Unless modified by the City, this determination will become final following the comment deadline. Any person aggrieved by the City's determination may file an appeal with the City within 14 days of the above comment deadline. You may appeal this determination to Kathy McClung, Director of Community Development Services, at the City of Federal Way (address above), by a written letter stating the reason for the appeal of the determination. You should be prepared to make specific factual objections. Published in the Federal Way Mirror on March 9, 2005. 03-104055 Doe, I.D. 30682 4 X. ,1olI ing information was submitted as part of the application for the proposed development. 1. Master Land Use Application received August 29, 2003 2. Preliminary Plat Map, by DMP Engineering, Inc, received August 29, 2003, and revision received on October 24, 2003 and October 27, 2004 3. Environmental Checklist, signed by Hans Korve, revised date October 20, 2004 4. Preliminary Clearing and Grading Plan by DMP Engineering, Inc, received August 29, 2003, and revisions resubmitted on October 24, 2003 and October 27, 2004 5. Significant Tree/Recreation Plan by DMP Engineering, Inc, received August 29, 2003, and revisions submitted on October 24, 2003 and October 27, 2004 6. Level 1 Downstream Drainage Analysis, by DMP Engineering, Inc, received August 29, 2003, and revisions submitted on October 24, 2003 and October 27, 2004 7. Preliminary Modified Technical Information Report by DMP Engineering, Inc, dated October 13, 2003, revised date October 13, 2004 8. Wetland Assessment prepared by J.S. Jones dated June 13, 2001, revised and resubmitted September 3, 2003 9. Wetland Functional Assessment prepared by J.S. Jones, July 10, 2004 10. Hydrologic Impact Assessment prepared by J.S. Jones, October 15, 2004 11. Potential and observed bird list prepared by J.S. Jones, received October 27, 2004 12_ Observed plant list prepared by J.S. Jones, received October 27, 2004 13. School access analysis, October 24, 2003, prepared by DMP, Inc M. ENVIRONMENTAL CHECKLIST The following lists the elements of the environmental checklist (Exhibit Q and a response to each: 1. Whether City staff concurs or does not concur with the applicant's response to the checklist item, or 2. City staff s additional comments or clarification to each checklist item. A. BACKGROUND 1-5. Concur with the checklist. 6. The applicant's stated timeframe of August 2004, for completing the plat process was not met. The actual timing for the project will depend in part on various factors. 7-9. Environmental information submitted with the application is included in the above list of application materials. 10. Concur with the checklist. The applicant is responsible to identify and obtain all applicable outside agency permits as may be required for the project. 11. Concur with the checklist. f 2. Concur with the checklist. Final Staff Evaluation for Environmental Checklist 03-104055 / Doc. I.D. 30656 Noyes Preliminary Plat Subdivision Page 2 CITY OF t Federal Way FILE Department of Community Development Services FINAL STAFF EVALUATION FOR THE ENVIRONMENTAL CHECKLIST Noyes Preliminary Plat Subdivision Federal Way File No: 03-104055-00-SE (Related File No: 03-104054-00-SUI) NOTE: Technical reports and attachments referenced below may not be attached to all copies of this decision. Copies of exhibits, reports, attachments, or other documents may be reviewed, and/or obtained by contacting Deb Barker, Associate Planner, Department of Community Development Services, PO Box 9718, Federal Way, WA 98063-9718. Phone: 253-835-2642. I. SUMMARY OF PROPOSED ACTION The proposed action is a subdivision of a 4.74-acre site into eight single-family lots. Site improvements include developing on- and off -site right-of-way improvements, utilities, storm drainage facilities, and other related infrastructure improvements. Approximately 41 percent of the site will be retained in two separate open space tracts, one containing a regulated wetland and wetland buffer. Proposed roadway improvements would intrude into a 48 square -foot portion of the wetland buffer (Exhibit A, Reduced Scale Site Plan). 11. GENERAL INFORMATION Project Name: Noyes Preliminary Plat Applicant: Paul Noyes 31327 10t' Place SW Federal Way, WA 98023 Contact: Mel Daley, 425-444-3424 DMP Engineering, Inc. 726 Auburn Way North Auburn, WA 98002 Location: South of SW 312`h Street at 10`h Avenue SW in the NW I/4 of Section 07, Township 21, Range 04 East, W.M., in King County, Washington (Vicinity Map) Parcel Size:. 4.74 acres (206,474 square feet) Zoning: Residential Single -Family (RS 7.2) Comp Plan Designation: Single -Family High -Density Surface 4-6. Concur with the checklist. b. Ground 1-2. Concur with the checklist. C. Water Runoff 1-2. Concur with the checklist. d. The site is divided into two separate discharge areas with roughly one third of the site discharging to the north (towards the on -site wetland) and the remaining areas (roughly two thirds of the site) discharging to the south. The project must provide Flow Control and Water Quality for each discharge area. Each discharge area must comply with the Flow Control and Water Quality requirements of the 1998 KCSWDM, and Federal Way Addendum, unless it can be shown that either of the discharge areas qualifies for exemptions from these Core Requirements. Because of the wetland and associated buffer, there will be limited amount of development that is allowed to occur within the northern discharge area. As the amount of new impervious surfaces added to the northern discharge area is less than 5,000 square feet, this area is exempt from the requirements. Flow control and Water Quality facilities will not be required for the northern discharge area. The applicant is proposing a combined Water Quality and Flow Control facility within the southern discharge area, located within a separate tract, at the southwest corner of the plat. This facility will provide the required levels of water quality and detention for the majority of all new impervious areas created as part of this development. In a Wetland Hydrologic Impact Assessment, prepared by J.S. Jones and Associates, the wetland consultant analyzed information from the civil engineer and concluded that there will be no measurable affect on wetland hydrology and that changes to the wetland hydroperiod, water levels and the duration of soil saturation will be too small to measure and will not result in any change to the wetland plant community. The City concurs with this proposal as adequately addressing wetland hydrology, subject to a detailed analysis during engineering plans review. 4. Plants a. According to the Observed plant list prepared by J.S. Jones and Associates, vegetation in the non -wetland or upland areas includes Quaking Aspen, Douglas fir, western red cedar, black cottonwood, big leaf maple and red alder, with an under story of salmonberry and red elderberry, hardhack, wild rose and Scot's broom. Herbaceous species are also present. The applicant's Significant Tree Survey identified 35 trees on the site meeting the FWCC definition of "significant." b. Concur with the checklist. According to the tree survey; six significant trees (17%) will be removed for installation of plat infrastructure. C. Concur with the checklist. d. Pursuant to the City's subdivision code, site clearing is limited to plat infrastructure areas such as streets and storm drainage. The applicant's Significant Tree/Recreation Plan indicates that all trees located within the "Tract A" wetland and wetland buffer Final Staff Evaluation for Environmental Checklist 03-104055 / m.. I.D. 30656 Noyes Preliminary Plat Subdivision Page 4 B. ENVIRONMENTAL ELEMENTS 1. Earth a-d. Concur with the checklist. e. Concur with the checklist. Preliminary clearing and grading plans depict clearing for plat infrastructure, consistent with FWCC standards to retain mature vegetation to the extent possible. Underbrush would be cleared from the recreation area as well. Following plat infrastructure construction and recording of the final plat, building permits for home construction will result in additional clearing and grading on each individual lot. f. Concur with the checklist. Soil -disturbing activities could result in erosion and transport of sediment. g. Concur with the checklist. h. Concur with the checklist. Construction impacts can be addressed through a Temporary Erosion and Sedimentation Control Plan (TESC) during plat infrastructure construction, and permanent stormwater management facilities post -construction. An erosion control plan is required to be approved and implemented in accordance with the City's engineering standards in conjunction with plat infrastructure construction. Additionally, erosion control plans are required to be implemented on each individual lot during home construction. No further mitigation is necessary. 2. Air a. Concur with the checklist. b. Off -site sources of emissions would include local automobile traffic and wood smoke from neighboring homes. Concur with the checklist. Compliance with local (Federal Way City Code [FWCC] Section 22-947), state, and federal air quality standards will provide sufficient mitigation of potential on -site construction activities and long-term site usage. The implementation of an approved TESC plan that incorporates watering of the site, wheel washing, and approved construction entrances, should adequately mitigate potential adverse construction impacts. 3. Water a. Surface 1. Concur with the checklist. The Category II wetland located in the northern portion of the site is regulated with a 100-foot buffer. Surface 2. Concur with the checklist. The Federal Way Hearing Examiner will review the 48 square -foot intrusion into the wetland buffer created by roadway installation during the preliminary plat review as provided in FWCC Section 22- 1359(d). In an analysis of the decisional criteria, the applicant has indicated that the roadway widening would not adversely impact the wetland or wetland buffer. Surface 3. Concur with the checklist. This would be reviewed by the Federal Way Hearing Examiner. Final Staff Evaluation for Environmental Checklist 03-104055 / Doc. I.D. 30656 Noyes Preliminary Plat Subdivision Page 3 7. Environmental Health a. 1-2. Concur with the checklist. The risk of environmental health hazards is always present during construction projects. Compliance with applicable local, state, and federal regulations should sufficiently mitigate the potential for significant adverse environmental impacts. b. 1-3. Concur with the checklist. Pursuant to FWCC Section 22-1006, construction activity and the operation of any heavy equipment will be limited to the hours between 7:00 a.m. and 8:00 p.m., Monday through Saturday, with such activities being prohibited on Sundays or on holidays observed by the City, unless an exception is granted by the City of Federal Way's Community Development Services Director. 8. Land and Shoreline Use a-k. Concur with the checklist. Concur with the checklist. In addition, compliance of the project with all applicable codes, policies, regulations, and process requirements, will ensure the proposed development addresses all impacts and is compatible with surrounding uses. 9. Housing a-c. Concur with the checklist. 10. Aesthetics a-c. Concur with the checklist. 11. Light and Glare a-c. Concur with the checklist. d. The project must comply with FWCC Sections 22-950 and 22-954, which regulate off -site lighting and glare. Compliance with applicable lighting regulations in FWCC should sufficiently mitigate project impacts. 12. Recreation a-c. Concur with the checklist. According to the City's Parks, Recreation, and Open Space Comprehensive Plan, neighborhood parks serve residents within a %2 mile radius. The site is located in Park Planning Area A. As proposed, the Noyes project includes a total of 85,332 square feet (1.95 acres) of open space, which is 41.28 percent of the gross land area. The open space is configured into two separate tracts. "Tract A" has a total area of 70,622 square feet (or 1.62 acres) and contains a wetland and associated wetland buffers. "Tract B" has a total area of 14,710 square feet (or .33 acres), and is proposed to contain a pedestrian trail accessible to residents. Both tracts will be dedicated to future homeowners as usable recreational open space and conservation open space. The Parks Director, in a September 11, 2003 memo, reviewed and accepted the Noyes preliminary plat open space proposal as meeting the anticipated recreational needs of future residents, subject to further review for compliance with FWCC open space requirements. No further mitigation is necessary. Final Staff Evaluation for Environmental Checklist 03-104055 / nog. I.D. 30656 Noyes Preliminary Plat Subdivision Page 6 area will be retained. All trees located in Tract B, usable open space, will be retained as well. Design and construction of improvements within the "Tract B" open space will be subject to further review with the preliminary plat process. In addition, a preliminary landscape plan, as required for preliminary plat review, has been submitted in conjunction with the plat application. Areas that will be landscaped include the on -site storm drainage pond and street trees along the internal public roadway. Final review and approval of the landscape plan will occur with engineering plans review, following preliminary plat approval. Landscaping of individual future lots will occur in conjunction with future single- family home construction on individual lots. Single-family building permits are subject to the significant tree retention and replacement standards of FWCC Section 22-1568, whereby the removal of more than 75 percent of the existing significant trees requires replacement of a minimum of 25 percent of the number of existing significant trees. 5. Animals a. The applicant's analysis of potential and observed birds, mammals, amphibians, and reptiles identified eight bird species on the site on the date of observance (not listed). The wetlands functional assessment states that the wetland has moderate opportunity to provide general habitat as well as habitat for invertebrates, amphibians, and resident fish due to disturbed buffers and lack of connections to other habitats. The wetland also has low opportunity to provide habitat for anadromous fish because upstream and downstream connections to the wetland are through other wetlands with no defined channel and long stretches of pipe. b. Concur with the checklist. According to the Bird Species Listing cited above, no threatened or endangered species or species of concern, as listed by the Washington State Department of Fish and Wildlife (WDFW) and/or the Federal Endangered Species Act (ESA) were observed at the site. C. The site is part of the Pacific Flyway. The applicant's Bird Species Listing does not identify the presence of migratory birds, migratory bird route, or potential adverse impact to migratory birds. d. In addition to preserving approximately 1.62 acres of wetland and wetland buffer, the applicant proposed to establish Tract B as usable open space (.33 acres), for a total open space set -aside of 41 percent of the gross land area (85,332 acres). "Tract A" is proposed to remain undisturbed. The applicant is also proposing split rail -fencing along the outer boundary of "Tract A", which should discourage human intrusion. Also, disturbances to "Tract B" will be limited to the amount of clearing necessary to establish a walking trail and recreation equipment. All undisturbed areas will continue to provide habitat. 6. Energy and Natural Resources a-c. Concur with the checklist. Final Staff Evaluation for Environmental Checklist 03-104055 / Doc I D. 30656 Noyes Preliminary Plat Subdivision Page 5 IV. CONCLUSION The lead agency for this proposal has determined that the proposed action does not have probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.032(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. The information is available to the public upon request. The City reserves the right to review any future revisions or alterations to the site or the proposal in order to determine the environmental significance or nonsignificance of the project at that point in time. V. EXHIBITS Exhibit A — Reduced Scale Site Plan Exhibit B — Vicinity Map Exhibit C — Environmental Checklist, signed October 20, 2004 Prepared by: Deb Barker, Associate Planner, 253-835-2642 Date: March 2, 2005 Final Staff Evaluation for Environmental Checklist 03-104055 / Doc. I.D. 30656 Noyes Preliminary Plat Subdivision Page 8 13. Historic and Cultural Preservation a-c. Concur with the checklist. 14. Transportation a. Concur with the checklist. In addition, SW 3101h Place will connect to SW 11"' Place with construction of this plat. b. Concur with the checklist. d. In an April 24, 2003 letter, the Public Works Director granted a right-of-way modification to waive improvements on the project's SW 312`h Street frontage, and to require nine feet of dedications along SW 312`h Street at the time of recording. e-f. Concur with the checklist. As the proposal created fewer than 10 PM peak hour trips, a Traffic Impact Analysis was not required. g. As proposed by the applicant and required by City code, the following right-of-way improvements will be constructed with the plat, and the applicant will dedicate the corresponding right-of-way in an amount necessary to accommodate the improvements: a) 10'h Place SW will be extended to 1 Vh Place SW and improved to include a three-foot utility easement with street lights, five-foot sidewalk, four -foot planting strip with street trees, curb and gutter, and 36-foot pavement roadway section and pavement tapers to full width. As required by code, all right-of-way dedication must be conveyed to the City through a Statutory Warranty Deed and have clear title prior to recording. No additional mitigation will be required. 15. Public Services a-b. Concur with the checklist. The applicant prepared a school access analysis that was reviewed by the Federal Way School District. The site is located in the service areas for Lake Grove Elementary, Lakota Middle School, and Federal Way High School. Lake Grove and Federal Way High School students would be transported via bus stops. Bus stops for Lakegrove Elementary are currently located at 8`h Avenue SW and SW 314`s' Streets, and for Federal Way High at 8`h Avenue SW and SW 3161h Streets. Bus stops are subject to change as student needs increase and roads are developed. Lakota students walk along the south side of SW 312`h Street in a path separated from the travel land by a curb as outlined in the school access analysis, which meets the minimum requirements for a safe walking path to the school. The collection of school impact fees will mitigate impacts to school service delivery. The current school mitigation fee is $2,868 (plus a City administrative fee) for a single-family residence and is collected at building permit issuance for a residence. The Federal Way City Council may adjust the impact fee annually, and the applicable fee would be determined at the time a complete individual single-family building permit is submitted to the City. 16. Utilities a-b. Concur with the checklist. Final Staff Evaluation for Environmental Checklist 03-104055 / nog. I.D. 30656 Noyes Preliminary Plat Subdivision Page 7 NOYES PRELIMINARY vLAT 1 ?_ MC ALPINE ADDITION TRACT -A" 0010 J VOL_ 1 2249-52 REC. AREA 525,980) CITY OF FEDERAL WAY IL � I .r7i'if .312tf1 STREET a -- � --z9s 'W 329.1 Q 61 N01 326.55' n° * . 2 ' TO BE DEDICATED FOR R/W °° Jrya O O' } N07.136_8 �J�, 127 TRACT'A' WETLAND 0] �.0 ' 0 I N40-4048"W ga_ J 70.622 sq.ft.t � cl �°� p Zo� �0�ma°°p�447'E 7,56' / ��p P _1� a u1.5FE I I 17-65 J _ IO I \\ 4 YT1 Al�j1 f3UF�Ei' �� BUFFER INTRUSION r10.82 "! ! \ \ 48.3 SQ. FT. N64 44 ��94 14 2' H�B`E f 1B8 57 D9"W �� pp• L - 1 i. N62 V "W 58 20' ce -TYPE n Z 1- 53.Oa 1y 1 4.r 1.2 =100 ¢• RIM = 292.20 I.E. = 289.20( t N _ TRACT 'B'=3ipi2R �r to 1 1° �*4 710 s ft.f s3 ��' N83'49'56'W J b4 o r.-3 1 %00.94 ' Rx ! 9g. �� 25.08' ta �aticJ�.e igW fr x LEGEND o i ri 1� s` Xz7 EX FIRE HYDRANT .� ° r / ! �I� •t �x9 -TYP g EX WATER GATE VALVE /I jr ! p•�f' \ 1 �j\}l• t' -J S' RIM- Z ® EX WATER METER ° I / s`�;. 10.091 \sq.ftt �`J` __ '-. _-�.:..::.:.• �-. �29AE.1.E d 2c Y EX BLOWOFF I O-J • �.'�\� ! '.�.':: '..... _ _ ;::. �� -0- EX UTILITY POLE VAULT \`�S3$ ,:.::.... .:.... -0 I 0 EX. POWER POLE W\UGHT °, (TYP.) ---: _ n 1 f 0 �---� EX. STORM CULVERT i ;; + • H • �~."":[" �- J 1 + f N N EX CATCH BASIN TYPE II ti- :� 133' ---vim EX CHAINUNK FENCE i I I 2 �, � 7.930 sq.fLt\9 EX WOOD FENCE o - '. 23,417 sq.(t�y g-' I O EX SANITARY SEWER MANHOLE cv L \ •.q- r\ O EX SIGN O �:.. �11f] / 3' �/ -;.1=,'•; y6, \\ .. •:: .•: ® �ni\ \l 1i�•'\rW�`#/[]!•hJ •zo�4• :.:.::1::'•: r I �- \ \ ll �7' II EX GAS METER � oEX° f3�0�11 MAILBOX W7 m7JQ7 q.f�i1\1a) ® EX MONUMENT Z �_ 3 327591MAJOR TAX PARCEL N0 7.400 sq.ft.\ y �- 3g7 w I O =a 0030 INDIVIDUAL TAX PARCEL No. �; L \ - ✓ti I �¢� "w 1 to 0 M PROPOSED C8 (TYPJ qa \ �.BQ�5•,•w al�'R' ' 1 I g'83'•:.��- M I 0° 0 PROPOSED SSMH k h° n I _ I 7.300 sq n-t0 to '' 1 OME "AM H.O.A. HAy ._._j:::. I �.i�l5fi.$5'�,•`` .- .-1� I i oi 7 K0 ASSM Af Q o o c°a /ryo \�-13.911 1D sq.fLt L�31.41'�C� o llf3ACT'C C •--•--N�9()0'57'Yr-.• J �t Iv rITORM DRAINA�E o _ r� 13.723 sq.fit : Y :::.. ■.. �..�g.Td'— o c0 J TO BE DEDICATED j, 4\ ' �� 4 ! o , rL— o TO THE PUBLIC] gip_.,.::- Io \, �8 OQ7 sq.fZ.t J a ' i ( 6 (_-"- ^' N&M;32&99' A° ��sMf�, f 19 690 W000 ! 15 N� EXHIBIT N RIM = 2 9.99 RR°�R 1 ° 1 I.E. = 8&I MC NII 117,E t ~ 16 o15O v u STUB NORTH \ :. I '.: v!5515 ] 1� 0160 V f.A PAGE-J-OF 7 °,,° 2, 021u O N 33.5 LF 8' CMP 0 1.82X I. . '. 1$' 01 so n' A 0 I CS -TYPE S I r�1�/ CB -TYPE 1 1 u� 1 RIM - 990 SA `-! - = - I Q - 9Ao 7d sI 01-390 Noyes Plat( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help the City of Covington's Responsible Official and any other agencies with jurisdiction to identify impacts from a proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the City of Covington decide whether an EIS is required. A. BACKGROUND 1. Name of proposed project, if applicable: Noyes Preliminary Plat (IRS 7.2) 2. Name of proponent: Paul Noyes 3. Address and phone number of proponent and contact person: Proponent: Paul Noyes 31327 10t`' Place. SW Federal Way, WA 98023 (206) 764-3791 Contact Person: 4. Date checklist prepared May 23, 2003 October 17, 2003 October 20, 2004 Mel Daley DMP Engineering, Inc. 726 Auburn Way North (425) 444-3240 Phone (253) 333-2206 Fax REVISED REVISED 5. Agency requesting checklist: City of Federal Way 6. Proposed timing or schedule (including phasing, if applicable): Application Submittal .............................. August 2003 SEPA Determination ................................ October 2003 Plat Approval ............................................ December 2003 Engineering Submittal ............................ January 2004 Site Grading .............................................. March 2004 Building Permit Submittal ....................... August 2004 7. Do you have any plans for future additions, expansions, or further activity related to or connected with this proposal? If yes please explain. FOR AGENCY USE ONLY r E XHIBIT PAGE_-_oF_LeL 01-390 Noyes Plat( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 No. 8. List any information you know about that has been prepared, or will be prepared, directly related to this proposal. The following information will be prepared and submitted under separate cover. Level 1 Downstream Analysis o Preliminary TIR REVISED October 2004 • Temporary Erosion and Sedimentation Control Plan with Eng. Submittal. • Wetland Report — JS Jones ■ Hydrologic Impact Assessment - JS Jones October 2004 • Bird & Plant List - JS Jones October 2004 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by this proposal? Frontage Improvement Waiver Request Wetland Buffer Modification Request 10. List any governmental approvals or permits that will be needed for your proposal, if known. SEPA Threshold Determination City of Federal Way Preliminary Plat Approval City of Federal Way Engineering Plan Approval City of Federal Way Building Permits City of Federal Way 11. Give brief, complete description of the proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. The proposed Plat will be located south of the intersection of SW 312th Street and 10th Place. SW, on tax parcels 072104-9082. The total project site is approximately 206,474 SF. (4.74 acres). The proposed development consists of eight (8) proposed single family lots, recreational/open space, storm water facilities and sensitive area tracks. The existing single-family home will be located on the proposed lot # 2. Applicant will construct an internal plat road to service the newly created lots. 12. Location of the proposal. Provide a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if available. The 4.74 Acre project site is located within the Northwest'/4 of Section 07, Township 21 N, Range 04E, Willamette Meridian in the City of Federal Way at the Southeast corner of SW 312th Street and 10th Ave. SW. The site address is 31327 10th Place. SW, Federal Way. FOR AGENCY USE ONLY 2� 0, '� fc2-.or- K-.4 01-390 Noyes Plat( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): flat, rolling, hilly, steep slopes, mountainous. A majority of the site is generally flat with a mild slope to the Southwest. b. What is the steepest slope on the site (approximate percent slope)? According to the field topographic survey, the steepest slope on the site is approximately 3%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, and muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. According to the US Soil Conservation Service Soil Map, the site is primarily Alderwood Gravelly Sandy Loam (AgB). This soil is characterized as moderately well drained. Soils within the wetland boundary vary. Please see the attached wetland report for more details. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. According to the City of Federal Way Sensitive Areas Map, there is a Class II, regulated wetland feature located on the subject site (7-21-4-23). The Wetland feature was delineated and described in the submitted Wetland Report. There is no history of unstable soil on -site. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Grading of the site will be necessary to modify the site for stormwater drainage flow. The exact quantity of grading is not known at this time, however, it is anticipated that the grading activities would be designed to balance and not require import or export of soil. Additional minor grading will occur during the construction of foundations for individual homes. An unavoidable 48 Sq. Ft temporary intrusion into the wetland buffer along the proposed plat road extension will require minor buffer averaging or mitigation. The intrusion is the result of an extension of the existing road alignment and is permitted under several sub -sections of FWCC 22-1359. The fill will consist of imported road bed materials. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Some erosion could occur on -site as a result of construction activities; however, temporary erosion and sedimentation control measures to be approved by the City of Federal Way will be employed to reduce erosion impacts. All construction during the wet season will comply with the FWCC 21-9 which adopted the KCC 1998 Surface Water Design Manual, as amended, and Appendix "D", concerning site coverage techniques. FOR AGENCY USE ONLY 3 EXHIBIT PAGE_.!�_OF r1 01-390 Noyes Plat ( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 2. Air g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? No more than 60% of each platted lot will be covered with impervious surfaces per FWCC 22-631 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: During construction, the contractor will follow an approved temporary erosion and sedimentation control plan meeting City of Federal Way standards. Typical measures, which may be employed, include the use of silt fences, straw bales, and temporary storm drainage features. Hydroseeding exposed soils and cleared areas after construction will also reduce the potential for erosion. All construction during the wet season will comply with FWCC 21-9 adopting the KCC 1998 Surface Water Design Manual, as amended, and Appendix "D", concerning site coverage techniques. a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Construction: Emissions and dust particulates generated primarily by construction equipment will be produced during the construction phase of this project. The amount of emissions to the air will be minimal and will occur during the actual construction of the development. Lonn Term Air Quality: Long-term air impacts would be those typically associated with single-family land uses. Sources of long-term emissions and odor could include vehicle emissions from increased vehicle use generated by the new homes. The additional vehicular emissions in these areas are not anticipated to concentrate and therefore are not anticipated to create a health hazard to the surrounding areas. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. No. FOR AGENCY USE ONLY 4 X T [,;,,AGE . --OF 1-- 01-390 Noyes Plat( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 c. Proposed measures to reduce or control emissions or other impacts to air, if any: If particulates become suspended during construction, frequent watering of the site during the construction phase of the project would be used to help control dust and other particulates generated on the site. This will be accomplished in accord with Appendix "D" of the adopted KCC 1998 Surface Water Design Manual, as amended. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, and wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. According to the City of Federal Way records, the project site contains an identified Class II wetland. The identified wetland feature (7-21-4-23) is located in the North edge of the project site, south of SW 312th Street. Class II wetlands in the City of Federal Way have a 100 foot standard buffer width. Please see the attached report from JS Jones for more details. A Hydrologic Impact Assessment, dated Oct. 2004, found no impacts to the existing wetland as a result of the proposed development. The proposed temporary intrusion into the southeast corner of the wetland buffer will also have no adverse effects. 2) Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes. The identified Class II wetland (7-21-4-23) is located on the north edge of the project site. Applicant's proposal will not develop lands within the 100 foot buffer zone, with the exception of a minor intrusion in the northeast corner of the site. A 48 Sq. Ft portion of the existing buffer intersects with the proposed road extension. The required road geometry makes this impact both minor and unavoidable. The impact will be addressed either through buffer averaging or minor mitigation. The proposed work outside the required 100' buffer will not have an adverse impact on the wetland hydrology. See the attached site plan, wetland and Hydrologic report prepared by JS Jones. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Approximately 48 cubic feet of fill or grading is proposed within the wetland buffer boundary. The unavoidable intrusion is within the proposed right-of- way extension of 10th Place SW. Given the irregular shape of the wetland and the generous shape of the proposed buffer, the applicant has already provided additional buffer in excess of the intrusion. If this is not acceptable to Staff, then the applicant proposes to utilize buffer averaging FOR AGENCY USE ONLY 5 EXHIBIT-2- PAGE-s-OF r5 01-390 Noyes Plat ( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 or mitigation to offset this minor impact. A temporary intrusion may be necessary during construction activities. Minor intrusions into the buffer are permissible under FWCC 22-1359. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No diversion is expected at this time. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan No portion of the site lies within the 100-foot floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. im b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, agricultural; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None known at this time. c. Water Runoff (including storm water) 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. On -site storm water runoff will primarily be generated from roadways, residential structures, and associated driveways. Storm water will be collected in catch basins within the roadways and/or tight -lined from residential roof tops and conveyed to a proposed storm water facility located in the southwest corner of the project site. Discharge from this on - site facility will be connected to an existing catch basin at the northwest terminus of 11th Place SW. Please refer to the attached storm water report. See the revised T.I.R. FOR AGENCY USE ONLY EXHIBIT' 0-1 nii rmGE___�_GF f .. 01-390 Noyes Plat( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 2) Could waste materials enter ground or surface waters? If so, generally describe. Some pollutants normally associated with residential development could enter the surface water; however, the amount would be minimal since the on -site drainage will be conveyed to a water quality and detention facility in conformance with City of Federal Way standards. (KCC 1998 Surface Water Design Manual, as amended) d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The storm water runoff will be collected and conveyed to a storm water facility that will be designed and constructed in conformance with City of Federal Way standards. (KCC 1998 Surface Water Design Manual, as amended). 4. Plants a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other: evergreen tree: fir, cedar, hemlock, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage water plants: water lily, eelgrass, milfoil, other: b. What kind and amount of vegetation will be removed or altered? The site is currently developed with one existing single-family structure. The north half of the property consists of a deciduous forest with dense scrub/shrub understory. A seasonal open water pond is located in the northeast corner of the site. A small knoll is present on the southeastern portion of the site, with a plant community of big -leaf maple, blackberry and grasses. The southwest portion of the site is lawn and ornamental landscaping surrounding the existing residence. Applicant proposes to remove six of the existing trees within the proposed right-of-way and building pads in compliance with FWCC 22-1568 (C)(5). A site survey has identified all trees on site and those which are exempted from the significant tree ordinance. Please refer to the REVISED Clearing & Grading Plan. c. List threatened or endangered species known to be on or near the site. There are no known threatened or endangered plant species on or near the site. FOR AGENCY USE ONLY EXHIBIT C PAGE OF 15 01-390 Noyes Plat( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Applicant proposes to replace significant trees removed from the site in conformance with FWCC 22-1568 and provide landscape screening around the proposed storm water facility. Of the trees to be removed, only two are considered significant. 5. Animals a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: rodents fish: bass, perch, salmon, trout, herring, shellfish, other See JS Jones Wildlife I Plant Report b. List any threatened or endangered species known to be on or near the site. None Known. c. Is the site part of a migration route? If so, explain. No. d. Proposed measures to preserve or enhance wildlife, if any: No development will take place within the identified wetland or its associated 100' wetland buffer, with the exception of the previously discussed 48 Sq. Ft temporary intrusion. Significant vegetation within individual lots and outside the proposed building envelopes will be retained to the greatest extent possible. Native landscaping will be used throughout the proposed recreational space and surrounding the storm water facility. This vegetation will provide coverage and habitat for urban tolerant wildlife. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electrical energy will be the primary source of power serving the needs of the project and natural gas will be made available for the purpose of heating and other needs associated with residential development. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. M. FOR AGENCY USE ONLY 01-390 Noyes Plat( 403-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The residential structures that will be constructed as a result of this project will meet or exceed the applicable residential energy conservation/consumption requirements in the City of Federal Way and the Uniform Building Code. (International) 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. It is unlikely under normal working conditions that environmental health hazards would be encountered. All project -related construction will meet or exceed current, local, city, state and federal laws. The proposed uses for this property are all residential in nature. There is no proposal for the storage or use of hazardous materials. 1) Describe special emergency services that might be required. In the event that environmental health hazards are encountered or occur during construction, all appropriate precautionary measures will be employed. Any emergency situation would be addressed by the existing resources of Fire District #39. No special services required. 2) Proposed measures to reduce or control environmental health hazards, if any: State regulations regarding safety and the handling of hazardous materials will be followed during the construction process. Equipment refueling areas would be located in areas where a spill could be quickly contained and where the risk of hazardous materials entering surface water is minimized. On -site management will be equipped with mobile communications equipment at all times to contact emergency services in the event of an incident. b. Noise 1) What types of noise exist in the area, which may affect your project (for example: traffic, equipment operation, other)? The dominant source of noise in the project vicinity is traffic along SW 312th Street and 10th Place SW. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short-term impacts would result from the use of construction equipment during site development. Construction would occur during permitted construction hours and in compliance with the City of Federal Way noise standards. FOR AGENCY USE ONLY 9 EXHIBIT PAGE OF 01-390 Noyes Plat (#03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 3) Proposed measures to reduce or control noise impacts, if any: Construction activity will be limited to permitted construction hours and construction equipment will not be allowed to idle for continuous periods of time, which will help to mitigate the impacts of potential construction noise. Hours of operation will be posted on -site. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The site is currently an underdeveloped residential property. Adjacent land uses to the north, south, east and west consist of platted residential developments. Lakota Junior High School and the Federal Way Fire Training Center are located 2 blocks west, along SW 312th Street. b. Has the site been used for agriculture? If so, describe. It is not believed that the site was utilized for agricultural production in the past. c. Describe any structures on the site. A large, 2-story, single-family home exists on the proposed lot number #2. d. Will any structures be demolished? If so, what? No. The existing home will remain. e. What is the current zoning classification of the site? The site is zoned Single-family — High Density (RS 7.7) according to the City of Federal Way Zoning Map. f. What is the current comprehensive plan designation of the site? According to the City of Federal Way Comprehensive Land Use Plan, the area is designated Single Family Residential. g. If applicable, what is the current shoreline master program designation of the site? Not applicable h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. According to the City of Federal Way Sensitive area map, a portion of the property is encumbered by an identified Class II wetland (7-21-4-23) and its associated 100 foot wetland buffer. Applicant has proposed no development within the wetland or its associated buffer. There will be however, a temporary buffer intrusion of 48 Sq. Ft. Please refer to the attached Wetland Report and Buffer Modification Request for additional information. 10 FOR AGENCY USE ONLY PAGE_ r0 OF . 01-390 Noyes Plat( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 FOR AGENCY USE ONLY i. Approximately how many people would reside or work in the completed project? Assuming 2.5 residents per residence, approximately 20 people would live in the proposed project. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: NA. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project will be developed in accordance with applicable City of Federal Way development and land use codes to ensure the project is consistent with the goals and policies of the Comprehensive Plan and applicable development regulations in effect at the time of a complete application. The proposed use is consistent with the current Comprehensive plan and Zoning designations and surrounding development. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Seven new middle income residential units (8 total) b. Approximately how many units, if any would be eliminated? Indicate whether high, middle, or low-income housing. None. Existing home is proposed to remain. c. Proposed measures to reduce or control housing impacts, if any: NA. Seven new homes will be constructed. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? In conformance with FWCC 22-631, no portion of a new building shall exceed 30-feet above average building elevation. b. What views in the immediate vicinity would be altered or obstructed? Development of the site would result in a change to the visual character of the site for the nearest existing single-family residences and roadways to that of a single-family development similar to that which is located on all sides of the project site. No significant views would be obstructed. F:� 01-390 Noyes Plat ( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 c. Proposed measures to reduce or control aesthetic impacts, if any: The site plan has been developed to provide a site design layout consistent with the development regulations in place for the single-family residential zone. The proposed project will be consistent with, and enhance, the surrounding development patters. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light and glare from the completed project is anticipated to be that typically generated by single-family residential development, mainly occurring during the evening hours, and be associated with vehicle headlights and street lights. Lighting would be similar to lighting found in nearby neighborhoods. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not under normal circumstances. c. What existing off -site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: Residential street lighting will be designed to limit the amount of light which leaves the site. Street lighting will be per City of Federal Way Standards. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Lakota Park is located three blocks to the west of the project site. The 28 acre park consists of baseball, softball and soccer fields. Lake Grove Park is located four blocks northeast of the project site, across SW 312th Street. This 4.8 acre neighborhood park contains children's play structures and open lawn areas. Lakota JH and its associated facilities are located two blocks to the west. Please see attached City Park Location Map. b. Would the proposed project displace any existing recreational uses? If so, describe. The project would not displace any existing recreational uses. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: The proposed project will not impact recreational opportunities. The project will however, provide recreational facilities within the project site in conformance with FWCC 20-155 and/or as approved by the Parks Director. FOR AGENCY USE ONLY 12 XHIBR- PAGE_ -12- -OF 's i 01-390 Noyes Plat( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. To the best of our knowledge, there are no landmarks or evidence of any significant historic, archaeological, scientific or cultural resources known to be on or near the site. c. Proposed measures to reduce or control impacts, if any: If any such historic or cultural evidence is encountered during construction or installation of improvements, work would be halted in the area and a state - approved archaeologist/historian would be engaged to investigate, evaluate and/or move or curate such resources, as appropriate. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The proposed project will take primary access from SW 312th Street and secondary access from 11th Place SW., Federal Way. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes. The nearest transit stop is located at the intersection of SW 312th Street and 10th Ct. SW. The property is served by Metro Routes #175, #178, and #901 c. How many parking spaces would the completed project have? How many would the project eliminate? The project will produce a minimum of 2 residential parking spaces per home. None would be eliminated. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Yes, the proposed roject will construct the extension of 10th Place SW to its connection with 11 h Place SW, between SW 3121h Street and SW 314th Place. The applicant is seeking an exemption from providing frontage improvements along SW 312th Street. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. FOR AGENCY USE ONLY 13 E��'mK1B1T PAGE r� OF 01-390 Noyes Plat ( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The completed project will generate approximately 7 PM peak hour vehicular trips per day (new). g. Proposed measures to reduce or control transportation impacts, if any: The proposal will provide required access to the site, include pedestrian circulation opportunities along the proposed internal plat road and pay any applicable traffic mitigation fee to off -set and potential significant impacts from the project on the areas transportation system. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The completed project would result in an increased need for police and fire protection as well as emergency medical service. However, the project is located within the existing service area for all of these public services, therefore it does not add to the service area. b. Proposed measures to reduce or control direct impacts on public services, if any. The project will be designed and constructed with adequate water pressure, properly located fire hydrants and roadways constructed to allow adequate access for fire, medic and police protection vehicles. Increased property valuation will result in increased taxes generated to support public services. The proponent will pay necessary traffic mitigation fees to offset the potential impacts to the transportation system. The proposed project will provide pedestrian connections between SW 312t' St. and SW 3141h Place. 16. Utilities a. Indicate utilities currently available at the site: Electricity, Natural Gas, Water, Telephone, Sanitary Sewer, Septic System, Refuse Service, Other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Water System Lakehaven Utility District — Extension of the 8" DI water pipe from the terminus of 10"' PI. SW to the stub provided at the north terminus of 111h PI. SW will be required to provide water service to the project. The exact location and details of the installation will be determined during the Engineering design Phase of the project. FOR AGENCY USE ONLY 14 NZWEBIT C/ PAGE 01-390 Noyes Plat( #03-104054-000-00-SU) City of Federal Way SEPA Checklist REVISED 10.20.04 Sanitary Sewer -. Lakehaven Utility District - Extension of the existing 8" PVC sewer pipe from the terminus of 11th PI. SW, north into the proposed plat will be required to provide sanitary sewer service to this project. The exact location and details of the installation will be determined during the Engineering design Phase of the project Storm Water - Electricity: Natural Gas: Telephone: Refuse Service: C. SIGNATURE City of Federal Way (on -site) Puget Sound Energy Puget Sound Energy Qwest Robanco The above answers are true and complete to the best of my knowledge. the lead agency is relying on em to make its decision. Signature: ' -S �, ,/, Hans A. Korve Planning Manager Date Prepared May 23, 2003 October 17, 2003 REVISED October 20, 2004 REVISED I understand that FOR AGENCY USE ONLY 15 EXHIBIT-L. PAGE Ls 0F111� _ DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 81h Avenue South lzz� PO Box 9718 CITY OF Federal Way WA 98063-9718 Federal Vila 253-835-7000; Fax 253-835-2609 www. c i tyof f_e d erolw ay, G om DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice IF Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ FWCC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed Cie -mailed and/or ❑ posted to or at each of the attached addresses on m A,- % 112005. Project Name File Number(s) 0,34 -/0 y0 S5 - St Signature Date -7 -0 S K:\CD Administration Files\Declaration of Distribution.doc/Last printed 12/22/2004 3:19 PM CITY OF Federal Way NOTICE OF ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE Noyes Preliminary Plat Environmental Review Federal Way File No: 03-104055-00-SE Description: Environmental determination for proposed subdivision of a 4.74-acre site into eight single- family lots, including right-of-way improvements, utilities, storm drainage facilities, and other related infrastructure improvements. Approximately 41 percent of the site will be retained in two separate open space tracts, one containing a regulated wetland and wetland buffer. Roadway improvements would intrude into a 48 square -foot portion of wetland buffer. Location: 31327 10th Place SW, Federal Way, WA Applicant: Paul Noyes Lead Agency: City of Federal Way Staff Contact: Deb Barker, Associate Planner, 253-835-2642 The City of Federal Way has determined that the following project does not have a probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the City. Further information regarding this action is available to the public upon request at the Federal Way Department of Community Development Services (Federal Way City Hall, 33325 81h Avenue South, PO Box 9718, Federal Way, WA 98063-9718). This Determination of Nonsignificance (DNS) is issued under WAC 19741-340(2). Comments must be submitted by 5:00 p.m. on March 23, 2005. Unless modified by the City, this determination will become final following the comment deadline. Any person aggrieved by the City's determination may file an appeal with the City within 14 days of the above comment deadline. You may appeal this determination to Kathy McClung, Director of Community Development Services, at the City of Federal Way (address above), by a written letter stating the reason for the appeal of the determination. You should be prepared to make specific factual objections. Published in the Federal Way Mirror on March 9, 2005. 03-104055 Doc, [ D. 30682 Page 1 of 1 Tamara Fix - Legal Notices From: Tamara Fix To: admin@fedwaymirror.com Date: 3/7/2005 8:30 AM Subject: Legal Notices CC: dgrigg@soundpublishing.com Please publish the following legal notices (Buckner NOA #05-100443, and Noyes DNS #03-104055) In Wednesday's (March 9, 2005) issue. Please furnish an affidavit of publication. Thank you, Tamara Fix Administrative Assistant City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 253-835-2602 file://C:\Documents%20and%20Settings\default\Local%20Settings\Temp\GW) 00002.HTM 3/7/2005 Ak CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 81h Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www. c 4 yo# fed era Iway.co m DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a. ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ FWCC Interpretation ❑ Other ways (mailed ❑ faxed � ],a. r� ' 2005. Project Name ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on r6A .n�in]r— 1 1Xi File Number(s) 03-1D V699-Sr~ Signature Date 3-OR' OS K:\CD Administration Files\Declaration of Distribution.doc/Last prinied 12/22/2004 3:19 PM Jam Free Printing www.avery.com i a AVERVO 5160' Use Avery TEMPLATE 5160® 1-800-GO-AVERY OFFICE OF ARCHAEOLOGY & HISTORIC PRESERVATION PO BOX 48343 OLYMPIA WA 98504-8343 DEPT OF ECOLOGY ENVIRONMENTAL REVIEW SEC PO BOX 47703 OLYMPIA WA 98504-7703 FEDERAL WAY DISPOSAL PO BOX 1877 AUBURN WA 98071 PUYALLUP TRIBE 1850 E ALEXANDER AVE TACOMA WA 98421-4105 JACK HOPKINS SEATTLE PI 101 ELLIOTT AVE W SEATTLE WA 98121 ERICA JAHN FEDERAL WAY MIRROR 1414 S 324T" STE B-210 FEDERAL WAY WA 98003 TRAVIS NELSON WDFW PO BOX 73254 PUYALLUP WA 98373 GERI WALKER FWSD 31405 18T" AVE S FEDERAL WAY WA 98003 MUCKLESHOOT INDIAN TRIBE PLANNING DEPT 39015 172ND AVE SE AUBURN WA 98002 CHRIS CARREL FRIENDS OF THE HYLEBOS PO BOX 24971 FEDERAL WAY WA 98093 LISA PEMBERTON-BUTLER SEATTLE TIMES NORTH 1200 112T" AVE NE STE C145 BELLEVUE WA 98004-3748 SOUTH COUNTY JOURNAL PO BOX 130 KENT WA 98035-0130 LARRY FISHER WDFW 600 CAPITOL WAY N OLYMPIA WA 98501-1091 LAKEHAVEN UTILITY DIST PO BOX 4249 FEDERAL WAY WA 98063 PUYALLUP INTERNATIONAL 3600 PT OF TACOMA RD STE 110 TACOMA WA 98424-1040 ATTN NEWSROOM TACOMA NEWS TRIBUNE 1950 S STATE ST TACOMA WA 98405 LEE BEDARD FEDERAL WAY NEWS 133 SW 153RD ST BURIEN WA 98166 JOHN KIM KOREA POST 28815 PACIFIC HWY S STE 4B FEDERAL WAY WA 98003 09L5 ®A�J311H AH3AV-09-008-L 009LS 31V1dIN31.tiaw as f ® wortiane-NVIAM 6uiiuljd aaa3 we smoc`-11 I eCc`...Sh'eets Th'i / (use i'2-:sp'ii'b'a fOi' 5-1500 248000010 NGOV LANG NGUON+OUK KHEANG 31053 LOTH AV SW Federal Way 98023 721049119 HERSHEY JOHN R+ANDREA P Federal Way 721049188 HERSHEY JOHN R+ANDREA P TRU 1208 SW 312TH ST Federal Wav 98002 3275810010 STAHL HELGA M 31233 LOTH CT SW Federal Wav 98023 3275810040 FRANK STEVEN M+BEECH CURTIS J 31239 LOTH CT SW Federal Wa}' 98023 3275810070 BRYANT CHRISTY A 31247 LOTH CT SW Federal Wav 98023 3275810100 VAN EINIEREN THOMAS 31252 LOTH CT SW Federal Way 98023 3275810130 WENTZEL BETTY E 31244 IOTH CT SW Federal Way 98023 3275810160 MCPHERSON DONNA L 31236 LOTH CT SW Federal Way 98023 3275810190 SMITH IRENE M 31230 IOTH CT SW Federal Way 98023 248000020 721049082 BENNETT RUTH NOYES PAUL C+BEVERLY S 31043 LOTH AV SW 31327 IOTH PL SW Federal Wav 98023 Federal Way98002 721049154 721049170 VALDEZ 1LAM LANGFORD LUKE H 1017 SW 312TH ST 31200 LOTH PL SW Federal Wa}, 98002 Federal Way 98002 721049221 721049227 TENBORG JESS P BOYKO SERGEI+GALINA 31127 12TH AVE SW 31029 12TH AV SW Federal Way 98002 Federal Way 98002 3275810020 3275810030 RUSCH ROGER W+MARLENE J BENNETT SHEILA 31235 LOTH CT SW 31237 LOTH CT SW Federal Way 98023 Federal Way 98023 3275810050 3275810060 DYKEMAN LAURENCE A SABBATINI EMIL+BARBARA J 31243 LOTH CT SW 31245 LOTH CT SW Federal Way 98023 Federal Way 98023 3275810080 3275810090 BENSON SANDRA M SNOW REVOCABLE LIVING TRUST 31249 LOTH CT SW 31254 LOTH CT SW Federal Way 98023 Federal Way 98023 3275810110 3275810120 ROSS EMMETT E+AUDREY J SCHIEWETZ LORELLE L 31250 LOTH CT SW 31246 LOTH CT SW Federal Way 98023 Federal Way 98023 3275810140 3275810150 CHOI EDWARD H FORSBERG JOYCE L 31242 LOTH CT SW 31240 LOTH CT SW Federal Way 98023 Federal Way 98023 3275810170 3275810180 KLEINMAIER RONALD P LESTER JAMES R 31234 LOTH CT SW 31232 LOTH CT SW Federal Way 98023 Federal Way 98023 3275810200 MATTSON MELVIN A+CAROL J 3275817777 31206 LOTH PL SW Federal Way Federal Way 98023 15lam r1xf=YRS."(rl f - kmt r @091S ;@Sul �-� 7ej Ssajnq!q OAU-9.fNv# 4168000040 JEWELL REBECCA 1218 SW 313TH ST Federal Way 98023 4168000070 MATTHEWS CLARK N 31220 12TH AV SW Federal Wa}, 98023 4168000100 JACOBS DOUGLAS A & SUNDAY S 31225 12TH AV SW Federal Way 98023 4168000130 MONTALBO ABRAHAM & MARY ANN 1211 SW 313TH ST Federal Way 98023 4168100170 ROBERTS JOHN B+JOANNE M 31419 12TH AV SW Federal Way 98023 4168100200 DEMERS HARRISON H+RITA M 31325 12TH AV SW Federal Way 98023 4168100230 JUCHMES JAMES H 31402 12TH AV SW Federal Way 98023 4168100260 RODRIGUEZ EZEQUIEL 31426 12TH AV SW Federal Way 98023 5259800010 FANTOZZI FABIO R 31125 11TH PL SW Federal Way 98023 5259800040 PEPPER JEFFERY N+DEENA M 31104 11TH PL SW Federal Way 98023 4168000050 BECK BETTY 31232 12TH AV SW Federal Way 98023 4168000080 PALIGUTAN EFRAIN 31218 12TH AV SW Federal Way 98023 4168000110 ELIA LEROY 31231 12TH AV SW Federal Wav 98023 4168100150 RHEN JAMES N 31435 12TH AV SW Federal Wav 98023 4168100180 QUADE JEFFREY S+DANA E 31411 12TH AV SW Federal Way 98023 4168100210 WILLIAMS PETER M+CHRISTINE 31318 12TH AV SW Federal Way 98023 4168100240 RAMIREZ 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DONALD J SMIECH JAMES E VAN ASSCHE TERESE E 1115 SW 311TH CT 1121 SW 311TH CT 31108 11TH PL SW Federal Wav 98023 Federal Way 98023 Federal Way 98023 5259800480 5259800490 5259800500 FERRELL DERICK M+WILLIETTE SAMSON PAUL H CITY OF FEDERAL WAY 31114 11TH PL SW 31120 11TH PL SW Federal Wav 98023 Federal Way 98023 Federal Way 5560500120 5560500130 5560500140 HINDERER DAVID J+CHUN C KESSLER LARRY & MABEL BOIKE WAYNE D+LINDA S 924 SW 314TH PL 930 SW 314TH PL 1002 SW 314TH PL Federal Way 98023 Federal Wav 98023 Federal Way 98023 5560500150 5560500160 5560500170 LOW JAMES I+JAMIE L EICHER JOSEPH+LEEANN SEATON SUSAN K 1008 SW 314TH PL 1014 SW 314TH PL 1020 SW 314TH PL Federal Way 98023 Federal Way 98023 Federal Wav 98023 5560500180 5560500190 5560500200 FELEMA JESSE ROSS VALERIE J NORTON ANTHONY J+JULIE D 31416 11TH PL SW 31410 11TH PL SW 31409 11TH PL SW Federal Way 98023 Federal Way 98023 Federal Way 98023 5560500210 5560500220 5560500230 NULL WILLIAM D+CHARLEEN M YUEN JOHNNY N VLASYVK NIKOLAY 31415 11TH PL SW 31421 11TH PL SW 31427 11TH PL SW Federal Way 98023 Federal Way 98023 Federal Way, 98023 5560500240 5560500250 5560500260 MONECK MICHAEL NGUYEN PHAI V ABY CATHY L 31433 11TH PL SW 31434 11TH PL SW 31428 11TH PL SW Federal Way 98023 Federal Way 98023 Federal Way 98023 5560500270 5560500280 5560500290 DELAROSA KERWIN D LAMBERTE ROMEO B+ALICIA F CLAPP RUSSELL LEONARD 1019 SW 314TH PL 1015 SW 314TH PL 1011 SW 314TH PL Federal Way 98023 Federal Way 98023 Federal Way 98023 5560500300 5560500430 5560500440 SPURLOCK NOEL L & PAMELA A CITY OF FEDERAL WAY CITY OF FEDERAL WAY 1005 SW 314TH PL Federal Way Federal Way Federal Way 98023 nn:C inin1t3ldlii:-1ncn .1-S1;2a11C r)A;)j 1.11001.11c, S r� Oiltf�t� S f� �s�^ • r'� 248000010 248000020 NGOV LANG NGUON+OUK KHEANG BENNETT RUTH 31053 10TH AV SW 31043 LOTH AV SW Federal �NIay 98023 Federal Way 98023 ;21049119 HERSHEY JOHN R+ANDREA Federal Way 721049188 HERSHEY JOHN R+ANDREA P TRU 1208 SW 312TH ST Federal Way 98002 3275810010 STAHL HELGA M 31233 LOTH CT SW Federal Way 98023 3275810040 FRANK STEVEN M+BEECH CURTIS J 31239 IOTH CT SW Federal Way 98023 3275810070 BRYANT CHRISTY A 31247 LOTH CT SW Federal Wav 98023 3275810100 VAN EIMEREN THOMAS 31252 LOTH CT SW Federal Way 98023 3275810130 WENTZEL BETTY E 31244 LOTH CT SW Federal Wav 98023 3275810160 MCPHERSON DONNA L 31236 10TH CT SW Federal Wav 98023 3275810190 SMITH IRENE M 31230 LOTH CT SW Federal Way 98023 721049154 VA.LDEZ ILAvI 1017 SW 312TF ST Federal ;Vay 93002 721049221 TENBORG JESS P 31127 12TH AVE SW Federal Way 98002 3275810020 RUSCH ROGER W+MARLENE J 31235 LOTH CT SW Federal Way 98023 3275810050 DYKEMAN LAURENCE A 31243 LOTH CT SW Federal Way 98023 3275810080 BENSON SANDRA M 31249 LOTH CT SW Federal Way 98023 3275810110 ROSS EMMETT E+AUDREY J 31250 LOTH CT SW Federal Way 98023 3275810140 CHOI EDWARD H 31242 10TH CT SW Federal Way 98023 3275810170 KLEINMAIER RONALD P 31234 IOTH CT SW Federal Way 98023 3275810200 MATTSON MELVIN A+CAROL J 31206 LOTH PL SW Federal Way 98023 721049082 NOYES PAUL C+BEVERLY S 31327 LOTH PL SW Federal Wav 98002 72104917Q LANGFORD LUKE H 31200 10'I'H PL SW Federal 98002 721049227 BOYKO SERGEI+GALINA 31029 12TH AV SW Federal Way 98002 3275810030 BENNETT SHEILA 31237 LOTH CT SW Federal Way 98023 3275810060 SABBATINI EMIL+BARBARA J 31245 LOTH CT SW Federal Way 98023 3275810090 SNOW REVOCABLE LIVING TRUST 31254 LOTH CT SW Federal Way 98023 3273810120 SCHIEN%JETZ LORELL' E L 31246 IOTH CT SW Federal Wav 98023 3275810150 FORSBERG JOYCE L 31240 IOTH CT SW Federal Way 98023 3275810180 LESTER JAMES R 31232 LOTH CT SW Federal Wav 98023 3275817777 Federal Wav Print Map Page l King County _ _� J rage i or o Parcel Map and Data 2s N79227 1ik 07211049082 52S0.�C ?`AL 721049i 3-U1 4 ! 3% Parcel Number 0721049082 Address 31327 10TH PL SW Zipcode 98002 Taxpayer NOYES PAUL C+BEVERLY S The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness. timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." e- C)�3�� (oil V Parcel Number 0248000010 Address 31053 10TH AV SW Zipcode 98023 Taxpayer NGOV LANG NGUON+OUK KHEANG Parcel Number Address Zipcode Taxpayer 0248000020 31043 10TH AV SW 98023 BENNETT RUTH Parcel Number 0721049119 Parcel Number 0721049154 Address Address 1017 SW 312TH ST Zipcode Zipcode 98002 Taxpayer HERSHEY JOHN Taxpayer VALDEZ ILAM R+ANDREA P Parcel Number 0721049188 Parcel Number 0721049170 Address 1208 SW 312TH ST Address 31200 10TH PL SW Zipcode 98002 Zipcode 98002 HERSHEY JOHN Taxpayer LANGFORD LUKE H Taxpayer R+ANDREA P TRU http://www5.metrokc.gov/webmaps/parcelviewer/Print Process.asp 4/14/03 Print Map Page Parcel Number Address Zipcode Taxpayer Parcel Number Address Zipcode Taxpayer 0721049. Parcel Number 31127 12TH AVE SW Address Zipcode TENBORG JESS P Taxpayer Parcel Number 3275810010 Address 31233 10TH CT SW Zipcode 98023 STAHL HELGA M I Taxpayer Page 2 of 6 ,721049227 31029 12TH AV SW 98002 BOYKO SERGEI+GALINA 3275810020 31235 10TH CT SW 98023 RUSCH ROGER W+MARLENE J Parcel Number 3275810030 Parcel Number 3275810040 Address 31237 10TH CT SW Address 31239 10TH CT SW Zipcode 98023 Zipcode 98023 Taxpayer BENNETT SHEILA Taxpayer FRANK STEVEN M+BEECH CURTIS J Parcel Number 3275810060 Parcel Number 3275810050 Address 31245 10TH CT SW Address 31243 10TH CT SW Zipcode 98023 Zipcode 98023 SABBATINI Taxpayer DYKEMAN LAURENCE A Taxpayer EMIL+BARBARA J Parcel Number 3275810070 Parcel Number 3275810080 Address 31247 10TH CT SW Address 31249 10TH CT SW Zipcode 98023 Zipcode 98023 Taxpayer BRYANT CHRISTY A Taxpayer BENSON SANDRA M Parcel Number 3275810090 Parcel Number 3275810100 Address 31254 10TH CT SW Address 31252 10TH CT SW Zipcode 98023 Zipcode 98023 Taxpayer SNOW REVOCABLE Taxpayer VAN EIMEREN THOMAS LIVING TRUST Parcel Number 3275810110 Parcel Number 3275810120 Address 31250 10TH CT SW Address 31246 10TH CT SW Zipcode 98023 IL Zipcode 98023 Taxpayer ROSS EMMETT Taxpayer SCHIEWETZ LORELLE L E+AUDREY J I Parcel Number 3275810130 Parcel Number 3275810140 Address 31244 10TH CT SW Address 31242 10TH CT SW Zipcode 98023 Zipcode 98023 Taxpayer WENTZEL BETTY E Taxpayer CHOI EDWARD H Parcel Number 3275810150 Parcel Number 3275810160 Address 31240 10TH CT SW Address 31236 10TH CT SW Zipcode 98023 Zipcode 98023 Taxpayer FORSBERG JOYCE L Taxpayer MCPHERSON DONNA L Parcel Number 3275810170 Parcel Number 3275810180 Address 31234 10TH CT SW Address 31232 10TH CT SW Zipcode 98023 Zipcode 98023 Taxpayer KLEINMAIER RONALD P Taxpayer LESTER JAMES R Parcel Number 3275810190 l` !1 Parcel Number 3275810200 http://www5.metrokc.gov/webmaps/parcelviewer/Print Process.asp 4/14/03 Print Map Page Address Zipcode Taxpayer 31230 1 L CT SW ` 98023 SMITH IRENE M Parcel Number 3275817777 Address Zipcode Taxpayer Parcel Number 4168000050 Address 31232 12TH AV SW Zipcode 98023 Taxpayer BECK BETTY Parcel Number 4168000070 Address 31220 12TH AV SW Zipcode 98023 Taxpayer MATTHEWS CLARK N Parcel Number 4168000090 Address 31219 12TH AV SW Zipcode 98023 Taxpayer TUGBY NIGEL S Address Zipcode Taxpayer Parcel Number Address Zipcode Taxpayer Parcel Number Address Zipcode Taxpayer Parcel Number Address Zipcode Taxpayer Parcel Number Address Zipcode Taxpayer Page 3 of 6 .1206 10TH PL SW 98023 MATTSON MELVIN A+CAROLJ 4168000040 1218 SW 313TH ST 98023 JEWELL REBECCA 4168000060 31226 12TH AV SW 98023 HITCHENS ROBERT M 4168000080 31218 12TH AV SW 98023 PALIGUTAN EFRAIN 4168000100 31225 12TH AV SW 98023 JACOBS DOU.GLAS A & SUNDAY S Parcel Number 4168000110 Parcel Number 4168000120 Address 31231 12TH AV SW Address 1201 SW 313TH ST Zipcode 98023 Zipcode 98023 Taxpayer ELIA LEROY Taxpayer GARTON RICHARD B Parcel Number 4168000130 Parcel Number 4168100150 Address 1211 SW 313TH ST Address 31435 12TH AV SW Zipcode 98023 Zipcode 98023 Taxpayer MONTALBO ABRAHAM & Taxpayer RHEN JAMES N MARY ANN Parcel Number 4168100170 Parcel Number 4168100160 Address 31427 12TH AV SW Address 31419 12TH AV SW Zipcode 98023 Zipcode 98023 Taxpayer YALANZHI PETR I ET AL Taxpayer ROBERTS JOHN B+JOANNE M Parcel Number 4168100180 Parcel Number 4168100190 Address 31411 12TH AV SW Address 31403 12TH AV SW Zipcode 98023 Zipcode 98023 Taxpayer QUADE JEFFREY Taxpayer HENDERSON GLEN S+DANA E E+JONA M Parcel Number 4168100200 Parcel Number 4168100210 Address 31325 12TH AV SW Address 31318 12TH AV SW Zipcode 98023 Zipcode 98023 Taxpayer DEMERS HARRISON Taxpayer WILLIAMS PETER H+RITA M M+CHRISTINE Parcel Number 4168100220 Parcel Number 4168100230 http://www5.metrokc.gov/webmaps/parcelviewer/Print Process.asp 4/14/03 Print Map Page rage ,+ or o Address Zipcode Taxpayer Parcel Number Address Zipcode Taxpayer Parcel Number Address Zipcode Taxpayer Parcel Number Address Zipcode Taxpayer 31326 AV SW 98023 NIEVES EDWARD 4168100240 31410 12TH AV SW 98023 RAMIREZ GENARO LEMUZ 4168100260 31426 12TH AV SW 98023 RODRIGUEZ EZEQUIEL 4168100280 31442 12TH AV SW 98023 DANIELSON LAWRENCE Address A402 12TH AV SW Zipcode 98023 Taxpayer JUCHMES JAMES H Parcel Number 4168100250 Address 31418 12TH AV SW Zipcode 98023 Taxpayer SCHARF ROSE F Parcel Number Address Zipcode Taxpayer Parcel Number Address Zipcode Taxpayer 4168100270 31434 12TH AV SW 98023 FAY JAMES P+SHERIE L 5259800010 31125 11TH PL SW 98023 FANTOZZI FABIO R Parcel Number 5259800020 Parcel Number 5259800030 Address 31119 11TH PL SW Address 31113 11TH PL SW Zipcode 98023 Zipcode 98023 Taxpayer NGUYEN NHON Q+MONG Taxpayer MAGBALOT CONRADO V HIEN DAO Parcel Number 5259800040 Parcel Number 5259800430 Address 31104 11TH PL SW Address 1105 SW 311TH CT Zipcode 98023 Zipcode 98023 Taxpayer PEPPER JEFFERY Taxpayer LAFONTAINE GUY W+GAIL N+DEENA M A Parcel Number 5259800440 Parcel Number 5259800450 Address 1109 SW 311TH CT Address 1115 SW 311TH CT Zipcode 98023 Zipcode 98023 Taxpayer STADLER CARLA A Taxpayer BRUSCHERA DONALD J Parcel Number 5259800460 Parcel Number 5259800470 Address 1121 SW 311TH CT Address 31108 11TH PL SW Zipcode 98023 Zipcode 98023 Taxpayer SMIECH JAMES E Taxpayer VAN ASSCHE TERESE E Parcel Number 5259800480 Parcel Number 5259800490 Address 31114 11TH PL SW Address 31120 11TH PL SW Zipcode 98023 Zipcode 98023 Taxpayer FERRELL DERICK Taxpayer SAMSON PAUL H M+WILLIETTE Parcel Number 5560500120 Parcel Number 5259800500 Address Address 924 SW 314TH PL Zipcode 98023 Zipcode Taxpayer CITY OF FEDERAL WAY Taxpayer HINDERER DAVID J+CHUN C Parcel Number 5560500130 Parcel Number 5560500140 Address 930 SW 314TH PL Address 1002 SW 314TH PL http://www5.metrokc.gov/webmaps/parcelviewer/Print Process.asp 4/14/03 Print Map Page Zipcode Taxpayer 98U-, KESSLER LARRY & MABEL Zipcode Taxpayer 98023 BOIKE WAYNE D+LINDA S Parcel Number 5560500150 Parcel Number 5560500160 Address 1008 SW 314TH PL Address 1014 SW 314TH PL Zipcode 98023 Zipcode 98023 Taxpayer LOW JAMES I+JAMIE L Taxpayer EICHER JOSEPH+LEEANN Parcel Number 5560500170 Parcel Number 5560500180 Address 1020 SW 314TH PL Address 31416 11TH PL SW Zipcode 98023 Zipcode 98023 Taxpayer SEATON SUSAN K Taxpayer FELEMA JESSE Parcel Number 5560500200 Parcel Number 5560500190 Address 31409 11TH PL SW Address 31410 11TH PL SW Zipcode 98023 Zipcode 98023 N ANTHONY Taxpayer ROSS VALERIE J Taxpayer J+JULIEULIE D Parcel Number 5560500210 Parcel Number 5560500220 Address 31415 11TH PL SW Address 31421 11TH PL SW Zipcode 98023 Zipcode 98023 Taxpayer NULL WILLIAM Taxpayer YUEN JOHNNY N D+CHARLEEN M Parcel Number 5560500230 Parcel Number 5560500240 Address 31427 11TH PL SW Address 31433 11TH PL SW Zipcode 98023 Zipcode 98023 Taxpayer VLASYVK NIKOLAY Taxpayer MONECK MICHAEL Parcel Number 5560500250 Parcel Number 5560500260 Address 31434 11TH PL SW Address 31428 11TH PL SW Zipcode 98023 Zipcode 98023 Taxpayer NGUYEN PHAI V Taxpayer ABY CATHY L Parcel Number 5560500280 Parcel Number 5560500270 Address 1015 SW 314TH PL Address 1019 SW 314TH PL Zipcode 98023 Zipcode 98023 LAMBERTE ROMEO Taxpayer DELAROSA KERWIN D Taxpayer B+ALICIA F Parcel Number 5560500290 Parcel Number 5560500300 Address 1011 SW 314TH PL Address 1005 SW 314TH PL Zipcode 98023 Zipcode 98023 Taxpayer CLAPP RUSSELL Taxpayer SPURLOCK NOEL L & LEONARD PAMELA A Parcel Number 5560500430 Parcel Number 5560500440 Address Address Zipcode Zipcode Taxpayer CITY OF FEDERAL WAY Taxpayer CITY OF FEDERAL WAY King County j GiS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound byte rms and conditions of the site. http://www5.metrokc.gov/webmaps/parcelviewer/Print Process.asp 4/14/03 FEMA US ARMY CORPS/ENGINEERS JOE HENRY REGION 10 NTH DIV ATTN REGULATORY BRANCH NATURAL RESOURCES CVN SVC 130 228T" ST SW PO BOX 3755 935 POW ELL AVE SW BOTHELL WA 98021-9796 SEATTLE WA 98124 RENTON WA 98055 EPA ENVIRONMENTAL REVIEW SEC 1200 6T" AVE MD-126 SEATTLE WA 98101 DEPT OF ECOLOGY ENVIRONMENTAL REVIEW SEC PO BOX 47703 OLYMPIA WA 98504-7703 PLANNING/OPERATIONS MANAGER JAMEY TAYLOR SNO-KING AREA DNR SEPA CENTER WSDOT SOUTH KING COUNTY PO BOX 47015 PO BOX 330310 MS 240 OLYMPIA WA 98504-7015 SEATTLE WA 98133-9 10 WSDOT ENVIRONMENTAL AFFAIRS REGULATORY COMPLIANCE PO BOX 47331 OLYMPIA WA 98504-7331 WA NATURAL HERITAGE DNR PO BOX 47014 OLYMPIA WA 98504-7014 OFFICE OF ARCHAEOLOGY & WA STATE DEPT WILDLIFE RANDY PEARSON HISTORIC PRESERVATION 600 CAPITOL WAY N WASH STATE PARKS PO BOX 48343 OLYMPIA WA 98501-1091 PO BOX 42668 OLYMPIA WA 98504-8343. OLYMPIA WA 98504-2668 JULIE STOFEL TRAVIS NELSON LARRY FISHER WDFW WDFW WDFW REGION 4 OFFICE PO BOX 73254 600 CAPITOL WAY N 16018 MILL CREEK BLVD PUYALLUP VVA 38373 OLYMPIA WA 98501-1091 MILL CREEK WA 98012 US FISH & WILDLIFE SERVCE DOH - DIV OF DRINKING WATER PUGET SOUND AIR 510 DESMOND DR SE #102 ENV DOCUMENTS REVIEWER POLLUTION CONTROL AGENCY LACEY WA 98503 PO BOX 47822 110 UNION ST STE 500 OLYMPIA WA 98504-7822 SEATTLE WA 98101-2038 PORT OF TACOMA PSRC ENVIRONMENTAL DEPT PORT SEATTLE GROWTH MANAGEMENT DEPT SE W PO BOX 1837 BOX 1 1011 WESTERN AVE #500 TACOMA WA 98401-1837 SEATTLE WA 98111 SEATTLE WA 98104-1040 SHIRLEY MARROQUIN GARY KRI EDT PERRY WEINBERG KC WASTEWATER TREATMENT KING COUNTY TRANSIT DIV SOUND TRANSIT MS KSC-NR-0505 ENV PLANNING MS KSC-TR-0431 401 S JACKSON ST 201 S JACKSON ST 201 S JACKSON ST SEATTLE WA 98104-2826 SEATTLE WA 98104-3855 SEATTLE WA 98104-3856 MARK CARY SOUTH KING COUNTY KING COUNTY PARKS LAND US SVC KCDDES REGIONAL WATER ASSOCIATION PROPERTY MANAGEMENT 900 OAKESDALE AVE SW 27224 144T" AVE SE PO BOX 3517 RENTON WA 98055-1219 KENT WA 98042 REDMOND WA 98073-3517 KC BOUNDARY REVIEW BOARD ROD HANSEN SOLID WASTE DIV SEATTLE/KING COUNTY 810 THIRD AVE STE 608 KING CO DEPT OF NATURAL RES DEPT OF PUBLIC HEALTH SEATTLE WA - g3 201 S JACKSON ST STE 701 1404 CENTRAL AVE S STE 101 _SEATTLE WA 98104-3855 KENT WA 98032 �STl ` �,- un KING CO ROADS DIVISION GERI WALKER COUNTY ROADS ENGINEER FWSD PO BOX UTILITY DIST 424 155 MONROE AVE NE 31405 18T" FEDERAL BOXDERALL WAY WA 98063 AVE S RENTON WA 98056 FEDERAL WAY WA 98003 FEW FWFD FW CHAMBER OF COMMERCE FEDERAL WAY DISPOSAL 31617 1 ST AVE S PO BOX 3440 PO BOX 1877 FEDERAL WAY WA 98003 FEDERAL WAY WA 98063 AUBURN WA 98071 COMCAST CABLE STORE MUCKLESHOOT INDIAN TRIBE PUYALLUP INTERNATIONAL TH 1414 324 S PLANNING DEPT ND 3600 PT OF TACOMA RD STE 110 FEDERAL WAY WA 98003 39015 172 AVE SE TACOMA WA 98424-1040 AUBURN WA 98002 PIERCE CO PLNG & LAND SVCS PIERCE CO PLNG & LAND SVCS PUYALLUP TRIBE RESOURCE MANAGEMENT DEVELOPMENT ENGINEER 1850 E ALEXANDER AVE 2401 S 35 TH ST 2401 S 35 TH ST �ACOMA WA 98421-4105 TACOMA WA 98409-7460 TACOMA WA 98409-7460 PIERCE COUNTY HEALTH DEPT PIERCE COUNTY BOUNDARY AUBURN SCHOOL DISTRICT 3629 S "D" ST REVIEW BOARD2401 TH 915 FOURTH NE TACOMA WA 98408 S ST AUBURN WA 98002 TACWA 98409 TACOMA PLANNING & CD DEPT CITY CLERK PUBLIC WORKS DIRECTOR CITY OF AUBURN PACIFIC CITY HALL ALGONA CITY HALL 25 W MAIN ST 100 THIRD AVE SE 402 WARDE ST AUBURN WA 98001 PACIFIC WA 98047 ALGONA WA 98001-8505 KENT CITY HALL CITY OF TACOMA BLUS JOE ELTRICH PLANNING DEPT LAND USE ADMINISTRATOR TACOMA WATER DIVISION 220 4T" AVE S 747 MARKET ST STE 345 PO BOX 11007 KENT WA 98032 TACOMA WA 98402-3769 TACOMA WA 98411 NE TAC NEIGHBORHOOD COUNCIL MARION WEED CHAIR HAYES ALEXANDER PLNG CHAIR C/O JAMES COLBURN NORTHEAST TACOMA NORTHEAST TACOMA TACOMA ECONOMIC DEV NEIGHBORHOOD COUNCIL NEIGHBORHOOD COUNCIL 747 MARKET ST RM 900 4735 NE 42ND ST 5308 RIDGE DR NE TACOMA WA 98402-3793 TACOMA WA 98422 TACOMA WA 98422 CRAIG GIBSON CITY OF LAKEWOOD CITY OF MILTON TACOMA PUBLIC UTILITIES 10510 GRAVELLY LK DR SW STE 206 1000 LAUREL ST PO BOX 11007 LAKEWOOD WA 98499-5013 MILTON WA 98354 TACOMA WA 98411 CITY OF SEATAC CITY OF DES MOINES CITY OF NORMANDY PARK 4800 S 188T" ST 21630 11T" AVE S 801 SW 174T" ST SEATAC WA 98188 DES MOINES WA 98198 NORMANDY PARK WA 98166 CITY OF BURIEN CITY HALL 415 SW 150T" ST BURIEN WA 98166-1957 WATER DISTRICT #54 922 S 219T" ST DES MOINES WA 98198-6392 WATER DISTRICT #111 27224 144T" AVE SE KENT WA 98042-9058 PAULALEXANDER METRO TRANSIT KSC-TR-0413 201 S JACKSON ST SEATTLE WA 98104-3856 WASH ENVIRON COUNCIL 615 2ND AVE STE 380 SEATTLE WA 98104-2245 SAM PACE SEA/KING CO ASSOC/REALTORS 29839 154T" AVE SE KENT WA 98042-4557 MICHAEL FELDMAN AVIATION PLANNING SEATAC PO BOX 68727 SEATTLE WA 98168-0727 JACK HOPKINS SEATTLE PI 101 ELLIOTT AVE W SEATTLE WA 98121 ERICA JAHN FEDERAL WAY MIRROR 1414 S 324T" STE B-210 FEDERAL WAY WA 98003 CITY OF FIFE 5411 23RD ST E FIFE WA 98424 HIGHLINE WATER DISTRICT PO BOX 3867 KENT WA 98032-0367 COVINGTON WATER DISTRICT 18631 SE 300T" PL KENT WA 98042-9208 MARY AUSBURN PSE 6905 S 228T" ST KENT WA 98032 TERRY LUKENS BELLEVUE COUNCIL OFFICE PO BOX 90012 BELLEVUE WA 98009-9012 MIDWAY SEWER DISTRICT PO BOX 3487 KENT WA 98032 PAT PROUSE QW EST 1600 7T" AVE RM 1206 SEATTLE WA 98121 JILL GASTON REALTY SPEC BPA SKC-SVC 914 AVE "D" SNOHOMISH WA 98290 CHRIS CARREL ,FRIENDS OF THE HYLEBOS PO BOX 24971 FEDERAL WAY WA 9809'r LEAGUE OF WOMEN VOTERS OF SOUTH KING COUNTY 800 SW 152ND WASH STATE OCD 901 COLUMBIA ST SW OLYMPIA WA 98504-8300 LISA PEMBERTON-BUTLER SEATTLE TIMES NORTH 1200 112T" AVE NE STE C145 BELLEVUE WA 98004-3748 SOUTH COUNTY JOURNAL PO BOX 130 KENT WA 98035-0130 TIM PAYNE PIERCE COUNTY TRANSIT PO BOX 99070 LAKEWOOD WA 98499 FW COMMUNITY COUNCIL PO BOX 4274 FEDERAL WAY WA 98063 ATTN NEWSROOM TACOMA NEWS TRIBUNE 1950 S STATE ST TACOMA WA 98405 LEE BEDARD FEDERAL WAY NEWS 133 SW 153RD ST BURIEN WA 98166 JOHN KIM KOREA POST 28815 PACIFIC HWY S STE 413 FEDERAL WAY WA 98003 KING COUNTY ASSESSORS KATHY REED CITY OF EDGEWOOD 500 4T" AVE RM 700 OLYMPIC PIPELINE CO 2221 MERIDIAN AVE E SEATTLE WA 98104 2319 LIND AVE SW EDGEWOOD WA 98371-1010 RENTON WA 98055 CRESTVIEW SHORECLUB ASSN MHACC MIRROR LK RESIDENTS ASSN TH C/O WILLIAM HICKS TH 4817 SW 310 29219 7 PL S TH 525 SW 312 ST FEDERAL WAY WA 98023 FEDERAL WAY WA 98023 FEDERAL WAY WA 98003 NORTH LAKE COMNTY CLUB WEST GREEN CONDO ASSN REDONDO COMMUNITY CLUB 33228 38TH AVE S 432 S 321ST PL PO BOX 5118 AUBURN WA 98001 FEDERAL WAY WA 98003 REDONDO WA 98054 STEEL LK RESIDENTS ASSN BARCLAY PLACE HOA BELMOR PARK HOA 2329 S 304TH ST 1034 SW 334TH 2101 S 324TH ST FEDERAL WAY WA 98003 FEDERAL WAY WA 98023 FEDERAL WAY WA 98003 BELLACARINO WOODS HOA BELLRIDGE TOWNHOMES HOA CAMPUS GLEN HOA 35204 6TH AVE SW 1438 S 308TH LN 32806 6TH PL S FEDERAL WAY WA 98023 FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 TWIN LAKES HOA MAR CHERI COMNTY CLUB BROOKLAKE COMNTY CENTER 3420 SW 320TH ST # 28 PO BOX 25281 726 S 356TH FEDERAL WAY WA 98023 FEDERAL WAY WA 98023 FEDERAL WAY WA 98023 KEN SHATOCK KINGSGROVE HOA GROUSE POINTE HOA TH 1911 SW CAMPUS DR # 621 261 E S 379 FEDERAL WAY WA 98023 FEDERAL WAY WA 98003 Revised March 3, 2005 K:\Environmental Checklists\Agency Mailing List.doc A�k CITY OF, Fe d e ra I Way State Environmental Policy Act Environmental Determination of Nonsignificance NOYES PRELIMINARY PLAT ENVIRONMENTAL REVIEW Federal Way File No: 03-104055-00-SE Description of Proposal: The proposed action is a subdivision of a 4.74-acre site into eight single-family lots. Site improvements include developing right-of-way improvements, utilities, storm drainage facilities, and other related infrastructure improvements. Approximately 41 percent of the site will be retained in two separate open space tracts, one containing a regulated wetland and wetland buffer. Proposed roadway improvements would intrude into a 48 square -foot portion of the wetland buffer. Proponent: Paul Noyes 31327 10t' Place SW Federal Way, WA 98023 Location: 31327 10t' Place SW, Federal Way, WA Lead Agency: City of Federal Way City Contact: Deb Barker, Associate Planner, 253-835-2642 The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist, the Federal Way Comprehensive Plan, final staff evaluation for this action, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant to RCW 43.31 C.060. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by 5:00 p.m. on March 23, 2005. Responsible Official: Kathy McClung Position/Title: Director of Community Development Services Mailing Address: 33325 8`h Avenue South, PO Box 9718, Federal Way, WA 98063-9718 Date Issued: March 9, 2005 Signature: I- t 03-104055 Doc I.D. 30680 a �LWL V .. J-1_ I_L i L MS ld HLS M-S-ldlpi. 'Ms•anv I, jl �uo� Opx YZC7 g== Fjod 'o 0 8 gg 9 gs 3 e r �688r66 6ti6ts��c� � sg ° W S;T'EWART' TITLE GUARANTY COMPANY No' 200363203 Fee-$200.00 Subdivision Map of Subdivision Guarantee Tract No. Consisting of Sheet (s) The County of KING within which said subdivision is located in a sum not exceeding $1000.00 and any City That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other ease- ments offered for dedication by said map are: The map hereinbefore referred to is a subdivision of: REFER TO EXHIBIT "A" OF 200363203 Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. STEWART TITLE GLIARAN'PY C0 1%,WANY r��E Chairman of the oaf rrd� '�•' S'� Countersigned: :n� `"'; t 9 0 3 r c •� t� +.w.r. ;+006 Authorized Countersignature ' STEWART T�i'T r - Company SEATAC, WA City, state President RECEIVED AUG L 9 2003 CITY OF FEDERAL WAY BUILDING DEPT. OJ— �U►-to55': Z Subdivision Guarantee SG-1572 _ 0969 g69 i' SUBDIVISION GUARANTEE CLTA NO 14 (Rev. 4-10-75) SUBDIVISION GUARANTEE Guarantee No.: SG-1572-9625 Order Number: 200363203 Subdivision Guarantee: $200.00 Reference Number: 09625 Sales Tax: $17.60 Effective Date: May 29, 2003 at 12:00 AM Total: $ 217.60 OWNERS: PAUL C. NOYES AND BEVERLY S. NOYES, HUSBAND AND WIFE LEGAL DESCRIPTION: THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING WITHIN 312T" STREET. SUBJECT TO: EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JANUARY 6, 1995 RECORDING NO.: 9501060367 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM L AFFECTS: A RIGHT-OF-WAY TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED 2. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR SOUTH 312T" STREET AS GRANTED BY DEED RECORDED MAY 16, 1956 UNDER RECORDING NO. 4693426. Guarantee No: SG-1572-9625 ewart �titie guaranty company SUBDIVISION GUARANTEE 3. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31sT YEAR: 2003 AMOUNT BILLED: $6,217.08 AMOUNT PAID: $3,108.54 AMOUNT DUE: $3,108.54, PLUS INTEREST AND PENALTY, IF DELINQUENT LEVY CODE: 1205 TAX ACCOUNT NO.: 072104-9082-06 ASSESSED VALUATION: LAND: $107,000.00 IMPROVEMENTS: $387,000.00 NOTE: KING COUNTY TREASURER, 500 4T" AVENUE, 6T" FLOOR ADMIN. BLDG., SEATTLE, WA 98104 (206) 296-7300 WEB ADDRESS: http://webapp.metrokc.gov/KCTaxinfo/. 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: PAUL C NOYES AND BEVERLY S NOYES, HUSBAND AND WIFE TRUSTEE: STEWART TITLE - SEATAC, A WASHINGTON CORPORATION BENEFICIARY: WASHINGTON MUTUAL BANK, A WASHINGTON CORPORATION AMOUNT: $255,300.00 DATED: AUGUST 22, 2002 RECORDED: AUGUST 30, 2002 RECORDING NO.: 20020830002448 Guarantee No: SG-1572-9625 L§ jjq rt title guaranty company SUBDIVISION GUARANTEE The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate survey or inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the date and time referenced above. I r Sharon Croasdill sr Guarantee No: SG-1572-9625 E-ewart title guaranty company Sanctity of Contract STEWART TITLE COPIES OF DOCUMENTS nw C7 0) rq CZ V J: Paul C. and Beverly S. Noyes 31327 loth P1 SW Federal Way. Wa. 98023 COMMONWEALTH LAND TITLE INSURANCE COMPANY OF PHILADELPHIA Cl,,3 79 639/ 3� QUIT CLAIM DEED RE:D1201 Grantor(s): Paul C. Noyes Grantee(s): Paul C. and Beverly S. Noyes Legal Description Portion of SW 1/4 STR 7-21-4 Assessor's Tax Parcel I.D. No. 072104-9082-06 Paul C. Noyes, a single person on date of acquiring title. THEGRANTOR.................................................................................................................. To create community property forand in consideration of...................................................................................................... Paul C. Noyea and Beverly S. Noyea, Husband and Wife. conveysand quit claims to ................................................................................................... the following described real estate. situated in the County of ..............RING............. State of Washington. tngether with all after acquired title of the grantor(&) therein: LEGAL DESCRIPTION ATTACHED AND MADE A PART HEREOF AS EXHIBIT 'A' Datcd.Septenber 16, 1998 4_'. _...................................... Paul C. Pnyea ' State of Washington County of ................ ............................. rr c Flu Ees 1 certify that 1 kna�l`si evidence .........1�.-.!_.....:..........i.........---•-----........--•-- gyp, .._..... (Name of Person) is the person said person acknowledged that (he/she) signed this imtrument and acknowledge I �(s r� untary ad for the uses and purposes mentioned in the iasnment. gL r O to ni ( r? (Sigratura) Ka n c I�oc h ...CA,,T.1e,....C.s?Qnljno-for..... (Tak) My appoint-m expires .... ... 3.::...�....... 0015 in a ii1 = WO7 so IM weti11 mv-sam O O m o, In N m 0 o� O N O t �0 a W • 1_ ' .w-.. a.... .�� .. _ .• 'fir , .� :"4:1r��'Ley-�zs`�y.•1��`^K-��T"�1.i:�'�_"�I�.✓: :. CLTIC NO.: H796391 EXHIBIT 'A-1" The west half of the northwest quarter of the northeast quarter of the southwest quarter of Section 7, Township 21 North, Range 4 East H.M., in icing County, Washington; EXCEPT that portion lying within 312th Street. END OF EXHIBIT "A-1" N l" U2 N LM 0 rx� i (DO . zir C`j CD CD r1_0 CU CO C'i CD rD CN AFTER RECORDING RETURN TO Washington Mutual Bank C/O ACS IMAGE SOLUTIONS 19031 33RD AVE WEST - MS116DPWA LYNNWOOD, WA 98036 2010208310 02448 STEUART T'[ E GT PRGE 001 OF ale KING CoU ifl!2WA SECURITY INSTRUMENT COVER SHEET 01-0872-007258772-8 Please print or type information Document Title(s) (or transactions contained therein) 1. Deed of Trust 9EWaR TITLE Grantor/Trustor/Mortgagor(s) (Last name first, then first name and initials) 1 PAUL C NOYES 2 BEVERLY S NOYES 3 4 5 El Additional names on page of document Grantee/Beneficiary/Mortgagee(s) 1 Washington Mutual Bank Legal Description (abbreviated. i.e lot, block, plat or section, township, range) THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE KT GHCOU TYQ WASSH NGTON . EXCEPT TRA PORTION1LYING WITHTNG 312TH STE 4 R` IN EET. ❑ Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number(s) 1 072104-9082-06 2 3. 4 This document prepared by ROSEANN WAHTO 3060 139TH AVE SE STE 200 BELLEVUE, WA 98005 2636 112 00) AFTER RECORDING RETURN TO, Washington Mutual Bank C/O ACS IMAGE SOLUTIONS 19031 33RD AVE WEST - MS116DPWA LYNNWOOD, WA 98036 [Space Above This Line For Recording Data] STEWART TITLE - SEATAC 200238647 DEED OF TRUST 01-0872-007258772-8 DEFINITIONS 00 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 0-11 C'7 (A) "Security Instrument" means this document, which is dated Au st 22 2002 , together with all Riders to this document (B) "Borrower" is PAVL C N)YES AND REVERLY S N YES SBAIM AND W E - L =i 00 Borrower is the trustor under this Security Instrument Yan co,�t Inn (C) 'Lender" is Tnlachin�ston M{3.1~ __,_ _ �' � C� Lender is a organized and existing under the laws of Washington Lender's address is 1201 Third Avenue Seattle WA 98101 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is _ n C6 rats 1 on (E) "Nate" means the promissory note signed by Borrower and dated August 22 - 2002 The Note states that Borrower owes Lender T;.,l, Th e xundr_e. -- Dollars (U S $ 255, 300. 00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest WA6HINGTON Page 1 of 17 1529 (04 01) 01-0872-007258772-8 (H) "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] 0 Adjustable Rate Rider Condominium Rider 1-4 Family Rider Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider Balloon Rider ❑ Rate Improvement Rider Second Home Rider " 0 Other(s) [specify] CD C:) (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, CD ordinances and administrative rules and orders (that have the effect of law) as well as all j. , ) applicable final, non -appealable judicial opinions. 00 (J) "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, f; ,q homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated C:) by dheck, draft, or similar paper instrument, which is initiated through an electronic terminal, ZD telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial N institution to debit or credit an account Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers (L) "Escrow Items" means those items that are described in Section 3 (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds, whether by way of judgment, settlement or otherwise, 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; (III) conveyance in lieu of condemnation, or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (I) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument (P) "RESPA" means the Real Estate Settlement Procedures Act 02 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 an federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; (n) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, and (m) the performance of all agreements of borrower to pay fees and charges arising of the Loan whether or not herein set forth For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power WASHINGTON 1529 (04-01) Page 2 of 17 01-0872-007258772-8 of sale, the following described property located in x'rxo County, Washington. THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M , IN KING COUNTY WASHINGTON: EXCEPT THAT PORTION LYING WITHIN 312TH STREET. which currently has the address of [Street) Washington ^ g$c23 _ ("Property Address") {Gtyl 12ip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property 00 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 CNI instrument covering real property. -) UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows CD 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges CD CD 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 CD 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 CD require that any or all subsequent payments due under the Note and this Security Instrument be (:Z) made in one of more of the following forms, as selected by Lender- (a) cash, (b) money order; (0) rN 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 WASHINGTON Page 3 of 17 1529 104 01) 00 "R;J- 01-0872-007258772-8 I,:*" Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply Q such funds or return them to Borrower if not applied earlier, such funds will be applied to the CD outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim 1-0 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 CD 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, (`tij all payments accepted and applied by Lender shall be applied in the following order of priority (a) CD interest due under the Note; (b) principal due under the Note, (c) amounts due under Section 3. CD Such payments shall be applied to each Periodic Payment in the order in which it became due CN 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 of 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 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 WASHINGTON 1529 104 011 Page 4 of 17 01-0872-007258772-8 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 00 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 C d If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall Ca account to Borrower for the excess funds in accordance with RESPA If there is a shortage of CD Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by C:) RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in f`t) accordance with RESPA, but in no more than twelve monthly payments If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by 00 RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly payments rN Upon payment in full of all sums secured by this Security Instrument, Lender shall CD promptly refund to Borrower any Funds held by Lender r-D 4. Charges; Liens Borrower shall pay all taxes, assessments, charges, fines, and CN 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 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 hen 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 WASHINGTON Page 5 of 17 1529 (04 01) 01-0872-007258772-8 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter 00 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 C sentences can change during the term of the Loan The insurance carrier providing the insurance (d 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 CD this Loan, either- (a) a one-time charge for flood zone determination, certification and tracking J 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 Co such determination or certification Borrower shall also be responsible for the payment of any fees CD imposed by the Federal Emergency Management Agency in connection with the review of any C 1-4 flood zone determination resulting from an objection by Borrower C7 If Borrower fails to maintain any of the coverages described above, Lender may obtain CD insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to N purchase any particular type or amount of coverage. Lender may purchase such insurance from or through any company acceptable to Lender including, without limitation, an affiliate of Lender, and Borrower acknowledges and agrees that Lender's affiliate may receive consideration for such purchase 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 polices 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 Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title and interest in and to all proceeds from any insurance policy (whether or not the insurance policy was required by Lender) that are due, paid or payable with respect to any damage to such property, regardless of whether the insurance policy is established before, on or after the date of this Security instrument. By absolutely and irrevocably assigning to Lender all of Borrower's rights to receive any and all proceeds from any insurance policy, Borrower hereby waives, to the full extent allowed by law, all of Borrower's rights to receive any and all of such insurance proceeds Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title and interest in and to (a) any and all claims, present and future, known or unknown, absolute or contingent, (b) any and all causes of action, (c) any and all judgments and settlements (whether through litigation, mediation, arbitration or otherwise), (d) any and all funds sought against or from any party or parties whosoever, and (e) any and all funds received or receivable in connection with any damage to such property, resulting from any cause or causes whatsoever, WASHINGTON 52 io4 o1j Page 6 of 17 01-0872-007258772-8 including but not limited to, land subsidence, landslide, windstorm, earthquake, fire, flood or any other cause Borrower agrees to execute, acknowledge if requested, and deliver to Lender, and/or upon notice from Lender shall request any insurance agency or company that has issued any insurance policy to execute and deliver to Lender, any additional instruments or documents requested by Lender from time to time to evidence Borrower's absolute and irrevocable assignments set forth in this paragraph. 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 the repairs and restoration in a single payment or in a series of progress payments as C)C) 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 L.-) lessened, the insurance proceeds shall be applied to the sums secured by this Security C,J instrument, whether or not then due, with the excess, if any, paid to Borrower Such insurance CD 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 C* Insurance claim and related matters. If Borrower does not respond within 30 days to a notice from CD 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 CD (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid rD under the Note or this Secunty Instrument, and (b) any other of Borrower's rights (other than the CN right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty 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, or remove or demolish any building thereon, 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 good condition and repair 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 in good and workman like manner if damaged to avoid further WASHINGTON Page 7 of 17 1529 (04 01) 01-0872-007258772-8 deterioration or damage Lender shall, unless otherwise agreed in writing between Lender and Borrower, have the right to hold insurance or condemnation proceeds. 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 00 0' 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 "IZ4- relieved of Borrower's obligation for the completion of such repair or restoration C-114 Lender or its agent may make reasonable entries upon and inspections of the Property If it Q 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 C:) such reasonable cause Lender does not make any warranty or representation regarding, and assumes no responsibility for, the work done on the Property, and Borrower shall not have any CaJ right to rely in any way on any inspection(s) by or for Lender or its agent. Borrower shall be solely responsible for determining that the work is done in a good, thorough, efficient and Q workmanlike manner in accordance with all applicable laws 0\1 Borrower shall (a) appear in and defend any action or proceeding purporting to affect the [D security hereof, the Property or the rights or powers of Lender or Trustee, (b) at Lender's option, (—D assign to Lender, to the extent of Lender's interest, any claims, demands, or causes of action of CN any kind, and any award, court judgement, or proceeds of settlement of any such claim, demand or cause of action of any kind which Borrower now has or may hereafter acquire arising out of or relating to any interest in the acquisition or ownership of the Property Lender and Trustee shall not have any duty to prosecute any such claim, demand or cause of action. Without limiting the foregoing, any such claim, demand or cause of action arising out of or relating to any interest in the acquisition or ownership of the Property may include (0 any such injury or damage to the Property including without limit injury or damage to any structure or improvement situated thereon, 00 or any claim or cause of action in favor of Borrower which arises out of the transaction financed in whole or in part by the making of the loan secured hereby,, (in) any claim or cause of action in favor of Borrower (except for bodily injury) which arises as a result of any negligent or improper construction, installation or repair of the Property including without limit, any surface or subsurface thereof, or of any budding or structure thereon or (iv) any proceeds of insurance, whether or not required by Lender payable as a result of any damage to or otherwise relating to the Property or any interest therein Lender may apply, use or release such monies so received by it in the same manner as provided in Paragraph 5 for the proceeds of insurance 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 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 WASHINGTON 1529coa oil Page 8 of 17 01-0872-007258772-8 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. 00 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 N,�j- 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 L� 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 C) Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender If N ) substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to QC) pay to Lender the amount of the separately designated payments that were due when the CD insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a C ,j non-refundable loss reserve in lieu of Mortgage Insurance Such loss reserve shall be CD 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 CN 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 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 WASHINGTON 1529 (04 01) Page 9 of 17 01-0872-007258772-8 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) 00 As a result of these agreements, Lender, any purchaser of the Note, another insurer, any '4z�}' reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or -tzZj- 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 CD 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 C� often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for 1' 0 Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the Co amount Borrower will owe for Mortgage insurance, and they will not entitle Borrower to any CD refund. C*lq (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 CD rights may include the right to receive certain disclosures, to request and obtain cancellation of N the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and 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 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 WASHINGTON 1529104011 Page 10 of 17 01-0872-007258772-8 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 falls 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 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgement, 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 00 the action or proceeding to be dismissed with a ruling that, in Lender's judgement, precludes 'tql- forfeiture of the Property or other material impairment of Lender's interest in the Property or rights 111*- under this Security Instrument The proceeds of any award or claim for damages that are C' ! attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be (Z�o paid to Lender All Miscellaneous Proceeds that are not- applied to restoration or repair of the Property CD shall be applied in the order provided for in Section 2. CD 12. Borrower Not Released; Forbearance By Lender Not a Waiver. This Security Instrument (-I) cannot be changed or modified except as otherwise provided herein or by agreement in writing 00 signed by Borrower, or any successor in interest to Borrower and Lender Extension of the time CD for payment or modification of amortization of the sums secured by this Security Instrument C"i granted by Lender to Borrower or any 5ucces:3or in Interest of Borrower shall not operate to CD 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 CN 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 No waiver by Lender of any right under this Security Instrument shall be effective unless in writing Waiver by Lender of any right granted to Lender under this Security Instrument or of any provision of this Security Instrument as to any transaction or occurrence shall not be deemed a waiver as to any future transaction or occurrence 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 la "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; tbj 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 WASHINGTON Page 11 of 17 1529 (04 01) 01-0872-007258772-8 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 00 14. Loan Charges. Lender may charge Borrower fees for services performed in connection 1;4" 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. Borrower shall pay such other charges as Lender may deem reasonable for services rendered by Lender and furnished at the request of Borrower, any successor in interest to CD Borrower or any agent of Borrower. In regard to any other fees, the absence of express authority C.:.) in this Security Instrument to charge a specific fee to Borrower shall not be construed as a C') prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited fNf ) by this Security Instrument or by Applicable Law 00 If the Loan is subject to a law which sets maximum loan charges, and that law is finally Q 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 C amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected CD from Borrower which exceeded permitted limits will be refunded to Borrower Lender may choose C] to make this refund by reducing the principal owed under the Note or by making a direct payment CN 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 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 mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law, Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. WASHINGTON 1529 104 of i Page 12 of 17 01-0872-007258772-8 As used in this Security Instrument (a) words of the masculine gender shall mean and Include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and Include the plural and vice versa, and (c) the word "may" gives sole discretion without any obligation to take any action 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate -payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such 00 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 Q Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may Q invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower C� 19 Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, ru,") Borrower shall have the right to have enforcement of this Security Instrument discontinued at any CO time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale Q contained in this Security Instrument; (b) such other period as Applicable Law might specify for r•�i the termination of Borrower's right to reinstate, or (c) entry of a judgement enforcing this Security CD due Those conditions are that Borrower- (a) pays Lender all sums which then would be Q 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) 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 charge 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 WASHINGTON 1529 (04 011 page 13 of 17 Co 01-0872-007258772-8 "�V sale of the Note If there is a change of the Loan Servicer, Borrower will be given written notice of '4;4" the change which will state the name and address of the new Loan Servicer, the address to which CNj 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 Q other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will C:) 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 CJ provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Q Lender has notified the other party (with such notice given in compliance with the requirements of (z) Section 15) of such alleged breach and afforded the other party hereto a reasonable period after CN 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 BOfrower 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 substance 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. WASHINGTON 1529 (04-01) Page 14 of 17 01-0872-007258772-8 NON -UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 22. Acceleration; Remedies Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise) The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured, and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property The notice shall further inform Borrower of the right to reinstate after acceleration and 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 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 any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limrted to, reasonable attorneys' fees 00 and costs of title evidence If Borrower or any successor in interest to Borrower files (or has filed against Borrower or any successor in interest to Borrower) a bankruptcy petition under Title II or �w any successor title of the United States Code which provides for the curing of prepetition default CN.) due on the Note, interest at a rate determined by the Court shall be paid to Lender on (:D post -petition arrears. C) If Lender invokes the power of sale. Lender shall give written notice to Trustee of the CD 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 f Borrower and and to other persons as Applicable Law may require. After the time required by 00 Applicable Law and after publication and posting of the notice of sale, Trustee, without demand CD on Borrower, shall sell the Property at public auction to the highest bidder at the time and place C '%j 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 r:D by Applicable Law by public announcement at the time and place fixed in the notice of sale. CN Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order. (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees, (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it Lender or the Trustee (whether or not the Trustee is affiliated with Lender) may charge such person or persons a fee for reconveying the Property, but only if the fee is not prohibited by Applicable Law WASHINGTON 1529(oa o,) Page 15 of 17 01-0872-007258772-8 24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. Trustee may destroy the Note and the Security Instrument three (3) years after issuance of a full reconveyance or release (unless directed in such request to retain them) 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 00 costs in any action or proceeding to construe or enforce any term of this Security Instrument The d" 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. fit) CD CD ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY; EXTEND CREDIT, OR C:) TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER N-) - WASHINGTON LAW UO O C•-4 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained O in this Security Instrument and in any Rider executed by Borrower and recorded with it CD CIQ C1 PkuNOYES X� - BEVERLY S N&ES WASHINGTON 1529ioa of 1 Page 16 of 17 01-0872-007258772-8 (Space Below This Line For Acknowledgment) STATE OF WASHINGTON K` t3 C, county ss �.— On this T4t r day of _ ",r"s + C3�- before me the undersigned, a Notary Public in and for the State of Washii`Igton, duly commissioned and sworn, personally appeared to me known to be the individualls) described in and who executed the foregoing instrument, and acknowledged to me that he she signed and sealed the said instrument as hjsZherLtdea free and voluntary act and deed, for thrMes and purposes therein mentioned WITNESS my hand and official seal affixed the day and y arthisaertiflcate abov ritten My Commission expires. ��—Q� S ublic in and #pr the State of Washington residing at 00 1 �C ti �ay�f�if5b�t i t i i Ge. _ �0 i► CD41 : a r • �Q' S i CD 0 � it��, CD N C:) rZD N WASHINGTON Page 17 of 17 1529 104 011 EXCISE TAX 140T REQUIRED O R i G f NA L ing Records Division ASYMET Depu4 ��/Q EASEMENT FOR UNDERGROUND E CTWC SYSTEM z For and In consideration of One Dollar (31.GD) and other valuable consideration. the receipt of which In hereby acknowledged, PAUL C. NOYES, a single person (•Grantor, herein) grants, conveys and warrants to PUGET SOUND POWER 6 LIGHT COMPANY, it Washington Corporation ('GrantW hsrsln), for the purposes hereinafter set forth, a perpetual easement under, across and over the following described real property (the 'Property" herein) In KING COUNTY, Washington: THE WEST HALF OF THE. NORTHWEST QUARTER OF THE NORTHEAST QUAfTM OF THE - GOUT}MIEeT QUARTER OF SECTION 7. TDVMMP 21 NORTH, RANGE: EAST, W.M.. IN KIND COUNTY, WASMNOTON; EXCEPT THAT PORTION LYNO KM 312TH STREET. :. A Except as may be otherwise sat forth herein Grantee'srights shell be saw ad upon that portion of the Property (the "Rlght-of•Way" herein) described rs follows: A Right-0f-Way TEN (10) feet In width having FIVE (5) feel of such width on each aide of a eentertlne described as follows: m THE CENTERUEE OF GRANTEE'S FACLITES At CONSTRUCTED OR TO W CONSTRUCTED, EXTENDED OR REACATHD, LYNO WITHIN THE AIM DESCRIBED PROPERTY. :0 1. Purpose. Grent►s shell haw the right to contirucl, Operate, maintain, repair, repteca and on[orga an undergtound alWdc trensmiselan and/or dlstribullorr system upon and under the Rlpht-of-Way together with an O necessary ar convan[ant appurtenances therefore, which may Include but are not nmlled to the folluMng undarground conduits, cable, cammunlea I[an lime; ysuita, manholes, %wiIClles, end transformers: and semi -hurled or ground mounted facilities. Folowing the Initlal canttructlon of Ile faciinles, Otani" may from time to Unto yconstruct such additional facilities as it may require. Q1 2, Acosta. Grantee shell have the right of @cress to the Right -of -Way Wcr and &=as the Property to enable Grantee to exorcist its tights hereunder, provided, that Grantee shell compentsts Grantor for any damage 10 the Property caused by the exercise of Bald right of acceas. I. Obstructions; Landacaping. Grenlea may from time to time remove trees, buahss, or Other abstructiont MIhln the Right -of -Way and mmy level end grade the Rlght-0i•Wmy to the e1dW rtaurnsbty necessary to carry out lha purposes sat forth In parsgrim ph 1 heraoI, provided, that following any such wrrk Gmntma 0sit. to the zdrnl reasonably prect1rable, restore the Rlght-of-Way (o the condillan It was immedlaWy prior to cud) work FailwAng the Inatall0on of Granlea'a undargraund farllwet, Grantor may undertake any ordinary Improvemenit to the landscaping of the R'.ght-of-Wsy, provided that no tines or other plants shell be placed lhuean, which would be unreasonably expensive or Impractical for Grantee to remove and restore. 4. Giantoes Use of Right -or -Way. Grantor reserves the right to use the Right-of-Wsy for any purposs not incanslstent with the dghla herein gronled, praylded: that Grantor shell not eoraUud or maintain any building or other structure on the Right -of -Way, which would interim wflh the extrche of the rights herein grentod: that no digging, tunneling or other corm of construction ectMty shell be done an the Property, which would dlslurb the compaction or untarth Granleea faclllllee on the Right -of -Way, or andengrr the lateral support to amid faciliflee; and that no blasting shell be donewithin 15 feet of the RlghtcFWsy. S. Indamnity. By accepting and res.rding this asserntnt, Grantee egress to IndtmnIN and hold harmiesa Grantor from arty and all dilms for Injuries and/or damepas auffarad by any parson, which may be caused by the Granttit exercls@ of the rights herein granted; provided that Gi3nler shall not be responsible to Grantor for any injuries and/or damages to any person caused by acts or omlaalons of Grantor. 0. Abandonment. The tights herein granted shall continua until auch lime as Grantee ceases to use Na Reghl-0 Way for a period of ttva (5) succesaoo years, in whlch avenl this easement thail terminals and all rights heraundo shall raven to grantor, provtdedl that no sbandonmant shell be downed tv htvs ocCinTed by reason of Granteo's ralIure to Intlsl}y Install its raalnleir on the Right-of•Wsywithin any period altlme ham TM data hwoot. 7. Successors and Assigns. The rights and obligations of the parties shall Inure to the benefit of and be binding upon their respective successors and eaaigns. FIL70 Mn. RECORi; AT REQUEST OF: P.O. 80X mu BELLEVUE, WASHINGTO N t 9734 755.77 1-72 ATTN: PETER K REMINGTON KUA000119110WMI 21421 1 %% !, !�'llri� 1- E! l t Imo,,. i ! DATED Uils, I? A day of 1 1e ctl� Arlo— .19 1 GRANTOR: mum PAUL . NOYES, a single parson EY: P lJL C. OYES STATE OF WASHINGTON ) SS COUNTY OF k;N G, 1 On this day penonmq appesred berota me PAUL Q NOYES. a SinpHt Parson, lc me knovm to he the Indllridual(a) dacr bed in W who oxmdod thewi}hkr and fampoing Ins"ant. that signed the same as Ina and voluntary aet and dead far tha uses WA purposes tth�wain�manuonad. OtVEN undr my hand and otildst aaat this frrf�±iry � i PdntNome Ci . REyJr1 �� G' • Notary P08c In andja r the State or WashiftWOn. Realding at • e a My commission cgkv s el'a•, 1 � �j'T ':ir' 1VA5 Z3 5 Image Map Page Page I of I Ciffop Zoning Map 35 - Federal Way SW 07-21-04 S-W quarter of Kroll 713 ---------------- ...................................... ----------------------- . ...... 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A 98= Federal Way wsfPark System r+,M.ci.federai-wW.wa.us E 0es !teat sw Lake PUGET SOUND Project.r� Site Lake paSbf Lake 5_t' SIM � Ct. .� jj11L am=. fskr� ��--�. � _J sti �-�gl {F. � �i • �� a IL so '�RCDIilB _{ 1 Lake �.`- MGfii?Oltftlill[FP* Lei •\— r t s��r-Y j 1 Genav� Lo Fwa gyre 44 a • i Lake, \ ' •;ti. � � � ��t� ��,` ti!J � �, roue take f v •1 � P�liftoiz� I waa This rnap Is Mended far rya as a r 6 oaY, $C 9: �dAl 9 mak" j o t 2 t fJNife nv warmnq as a ft aormaq[. w �! i Park hslde Federal waa' O 1,2 t KAIetl Party art3ae why itrse�'�aml http://www.ci.federal-way.wa.us/help/maps/park.htm 7/23/03 EMER Image Map Page Page 1 of 1 lsa Federal wa5r. City of �� r��t�� 3c_ 0 First Way S. i''ederal Way, WA 98003 Federal Way Services (2531661 -4000 www.d.federal-way.wa.us Dial 911PUiG ET SOU ND -SOUND Project ' Site bike ST 6. L---ZM,-sg P"6-1S-J oiita W Star 1''. Lake � q N ur Federal _ Way 1' _509 shw poUp1L Laker I a •,, 11 i _ '\ •�r x �� S r .' -7 scd®: Lagan# o 1� 1� �s�� Lshe� i 4 � G@naua �o Map rvw Lake TNS MW Is k*xxw Sa use Asa re s° Ir a http://www.ei.federal-way.wa.us/help/maps/emer.htm 7/23/03 SCHOOL Image Map Page Page I of I Federal W City Of Federal Way First Way 8, ay , Federal Way. WA 98003 Federal Way (2531661-40W Pubfic Schools wwwb.federa1-wRY.wa.u8 Ion Tacoma F- go De's PUGET SOUND 1 0 Lake Earl. - .1- %, , , N w 7. ARIAM Came u' HrSh t9 slams Wh M,01011 I TNamap dad for (Re as a IMMY. scale;coycl YVJY nuizz '0 112 1 We M EWWARry SdUXA r* w4mmuy as 10?b aww'Icv. w I I oi*Am 1 0 142 1 1 KAonw4w M JAM Hkp SdVXA *RPMTM1-- sefuml "gh satw Aso http://www.ei.federal-way.wa.us/help/maps/school-htm 7/23/03 SOUTHWEST 312fh STREET N88°57'09'W 329.17' 226.6' _1 1 WETLAND 30,616t Sq. Ft. 0.70 Acres "J f� CP l I f N N G� W TOTAL. SITE w 206,218t Sq. Ft. 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