20-100439CITY OF
Aft� Federal Way
March 2, 2020
S J Architects
Attn: Steve Joo
4021 262nd PL SE
Issaquah, WA 98029
RE: Permit #20-100439-00-SM; Hwang Short PIat, 32604 45TH CT SW
Response to request to waive or modify street improvements
Dear Mr. Joo:
CITY HALL
33325 8th Aver sue South
Rederai Way, VVA 98003-6325
(253) 635-7000
A;ww. dtyrffederaly✓a y. com
Jin? Ferreil, Niayor
This letter responds to your request to waive the required street improvements along Hoyt Road SW
which abuts the above -referenced property, and which is required by City code as part of the subdivision
of the referenced property. After evaluating the existing conditions along the referenced street and
surrounding neighborhood, review of Federal Way Revised Code (FWRC) provisions (Section
19.135.070), and direction provided by the City Council, the Public Works Department hereby waives the
requirement to construct street improvements in Hoyt Road SW as part of this development.
FWRC Section 19.135.070; Modifications of Improvements Along Property Frontage, allows the Public
Works Department to grant a request to modify, defer, or waive the required street improvements only
after consideration of four specific reasons. The reason most applicable here is contained in FWRC
19.135.070(1), "Improvements as required would not be harmonious with existing street improvements,
would not function properly or safely, or would not be advantageous to the neighborhood or city as a
whole."
Hoyt Rd SW is classified as a Minor Arterial, corresponding to City Standard Street Section Type `K',
which consists of a 44-foot wide roadway, 6-foot planter strips, 8-foot sidewalks, and 3-foot utility strips
within a 78-foot right of way. Existing improvements along the property frontage vary: South of SW
326th St the total width of travel lanes are approximately 22' from edge stripe to edge stripe, a 6-foot
school safe walking route, and 36-feet of total paved width within an 84-foot ROW. North of SW 326th
St the total width of travel lanes are approximately 22-feet, edge stripe to edge stripe, and 29-feet of total
paved width (no school walking rote) within a 72-foot ROW.
This approval is conditioned as follows:
1. The owner will have to dedicate a strip of property to the City for right of way along the Hoyt
Road frontage. The width of the strip shall be adequate in width to accommodate future
development of Hoyt Road to the Type K street standards noted above, along the northern portion
of the property. (Current County Assessor's mapping does not give adequate dimensions to
accurately determine how much right of way will be required. Accurate survey data for existing
right of way will have to be provided with the short plat application.)
2. The owner will be required to sign, notarize, and record the enclosed `LOCAL IMPROVEMENT
DISTRICT WAIVER OF PROTEST COVENANT'. Once the document is fully signed and
notarized, take it to the King County Recorder's office located at 500 Fourth Ave, Suite 430,
Seattle, WA 98104, open Monday — Friday 8:30-4:30. After the recording is completed, please
either bring back or mail back a conformed copy to City Hall (33325 8th Ave S, Federal Way,
WA 98003).
Your request also asked the City to waive the requirement to construct a shared access driveway to
current City standards. The City's 2-lot shared driveway standard corresponds to City Standard Street
Section Type 3-2CC, which consists of a 16-foot paved road within a 20-foot easement. The access road
to the existing house is an approximately 12-foot wide paved driveway. Because access to the new lot
cannot be made from Hoyt Road, the driveway to the future lot will have to be shared with the existing
driveway, which is situated between a neighbor's rock wall and a stream and wetland on the subject
property.
Because of the existing constraints to be able to widen the driveway to current standards, the Public
Works Department hereby approves this request and the owner will not have to improve the existing
driveway to City standards.
An easement will need to be provided on the short plat drawings for shared access (and utilities if
necessary) along the driveway alignment.
The conditions of this modification will be applicable for a period of one year from the date of this letter.
If a preliminary short plat approval permit is not issued within the one-year time limit, this waiver will be
void, and a new request for modification must be submitted.
If you have any questions, please contact Kevin Peterson, Engineering Plans Reviewer, at (253) 835
2734.
Sincerely,
Desiree Winkler, P.E.
Deputy Public Works Director
KP/DW:ss
Enclosure: Local Improvement District Waiver of Protest Covenant
cc: Project File/kp
Day File
ADDRESS:
City of Federal Way
Attn: Kevin Peterson, Public Works Department
33325 8th Avenue South
Federal Way, WA 98003-6325
CITY OF FEDERAL WAY
LOCAL IMPROVEMENT DISTRICT
WAIVER OF PROTEST COVENANT
Grantor(s): JONGWOON WOO HWANG, a married person, and EUI SOON HWANG, an unmarried person
Grantee(s): CITY OF FEDERAL WAY, a Washington municipal corporation
Property Legal Description (abbreviated): Lot 23, Twin Lakes View and that portion of the SE '/ of the NE '/ of Sec 14,
TPW 21 N, R 3 E, W.M.
Assessor's Tax Parcel ID#(s): 873218-0230
S-T-R:14-21-03
Permit No: 19-105202-PC
THIS COVENANT is made by JONGWOON WOO HWANG, a married person, and EUI SOON HWANG, an
unmarried person ("Property Owners") in favor of the City of Federal Way, a Washington municipal corporation
("City„).
A. The Property Owner owns certain real property commonly known as 32604 45th Ct SW, Federal Way, WA
98023 and legally described as follows:
"See Exhibit "A" attached hereto and incorporated herein by this reference.
("Property")-
B. The Property Owner has submitted a request for a permit under Permit No. 19-105202-PC to subdivide the
Property which abuts a substandard City right-of-way known as Hoyt Road SW, which project will impact and
derive special benefits from the public right-of-way.
C. The City may, in the future, construct, reconstruct or improve Hoyt Road SW to City standards including,
but not limited to, curbs, gutters, sidewalks, driveways across sidewalks, storm drains, retaining walls, street
illumination, landscaping, slope protection, underground power, and necessary appurtenances consistent with
good street construction ("Improvements"), so as to benefit the Property, through the formation of a Local
Improvement District.
NOW, THEREFORE, the Property Owner agrees as follows:
Permit. The Property Owner may obtain a building permit for subdivision of the property without the
installation of the Improvements so long as all other conditions of the permit, if any, are complied with
to the City's satisfaction.
2. No Protest. Pursuant to RCW 35.43.182 and in consideration of the City approving said permit, the
Property Owner agrees to participate in and not protest the formation of a Local Improvement District
pursuant to RCW 35.43.180.
3. Term. This Covenant shall be for a term of ten (10) years commencing on the date of execution hereof
and terminating ten (10) years thereafter.
4. Improvements. Nothing in this Covenant shall in any way absolve the Property Owner of any
underlying obligation to make any public improvements as a condition of permit approval under any
application other than Permit No. 19-105202-PC prior to the expiration date of this Covenant or upon
eighty (80) days' written notice from the City if such public improvements are required pursuant to the
Federal Way Revised Code, any other permit application, or other applicable laws, rules, or
regulations, as now existing or hereafter adopted or amended. The Improvements may be necessary to
mitigate the effects of the development of the Property. This Covenant shall be construed only as
providing an alternative means for payment for necessary public improvements through the formation
of a Local Improvement District.
5. Bindin , 1~ffcc . This Covenant shall be construed to touch and concern the land, shall run with the
land, and bind the Property Owner, its successors in interest, heirs, and assigns.
6. Filing. This Covenant shall be recorded by the Property Owner with the King County Office of
Records and the Property Owner shall pay all recording fees.
7. Limitation. Nothing in this Covenant shall be construed to waive the Property Owner's right to object
to the Property Owner's individual assessment (including the determination of special benefits
allocable to the Property), or to appeal to the Superior Court the decision of the Federal Way City
Council affirming the final assessment roll.
DATED this _day of , 20_
Signature pages follow
PROPERTY OWNER:
JONGWOON WOO HWANG
32604 45th Ct SW
Federal Way, WA 98023
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me, JONG► OWN WOO iIWANG, to me known to be the individual described
in and who executed the foregoing instrument, and on oath swore that he/she executed the foregoing instrument as
his/her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this day of , 20___„
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
PROPERTY OWNER:
EUI SOON HWANG
32604 45th Ct SW
Federal Way, WA 98023
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me, EUI SOON H%VMNG, to me known to be the individual described in and
who executed the foregoing instrument, and on oath swore that he/she executed the foregoing instrument as his/her free
and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this day of ........... ..... . „ __....._ ", 20__...
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
Rev. 05/17
EXHIBIT `A'
Lot 23, Twin Lakes View, according to the plat thereof recorded in volume 128 of Plats, pages 4 and 5, records of
King County, Washington.
Together with that portion of the Southeast quarter of the Northwest quarter of Section 14, Township 21 North,
Range 3 East, W.M., in King County, Washington, lying easterly of Old F.B. Hoyt Road, as conveyed to King
County by deed recorded under Recording No. 993517 and lying westerly of 47th avenue SW (F.B. Hoyt Road SW)
as conveyed to King County be deed recorded under Recording Nos. 5075185 and 5174291;
Together with that portion of vacated F.B. Hoyt County Road adjoining, which upon vacation, attached to said
property by Operation of Law as provided by Ordinance 4996, recorded under Recording No. 8008260790.
Situate in the County of King, State of Washington.
CITY Or
Federal Way
PUBLIC WORKS
DEPARTMENT
STREET MODIFICATION REQUEST / ACTION
Project Name Hwang 2-lot Short Plat
Permit # 19-105202-PC
Location 32604 45th Ct SW
Request #1 The applicant is seeking to waive street frontage improvements in Hoyt Road SW,
adjacent to the subject property.
Staff Analysis Hoyt Rd SW is classified as a Minor Arterial, corresponding to City Standard
Street Section Type `K', which consists of a 44-foot wide roadway, 6-foot planter strips, 8-foot
sidewalks, and 3-foot utility strips within a 78-foot right of way. Existing improvements along
the property frontage vary: South of SW 326th St the driving surface is approx. 22' from edge
stripe to edge stripe, a 6-foot school safe walking route, and 36-feet of total paved width within
an 84-foot ROW. North of SW 326th St the driving surface is approx. 22-feet, edge stripe to
edge stripe, and 29-feet of total paved width (no school walking route) within a 72-foot ROW.
The total length of property frontage along Hoyt Road is approximately 870-feet. The original
plat that this property is a part of - Twin Lakes View - specifically restricts direct vehicular
access to Hoyt Road SW, therefore both lots will be accessed from 45th Ct SW.
Requirements / Conditions of Approval Staff recommends approval of the request to not
construct the improvements since there will be no direct access to Hoyt Road, there will be
minimal traffic impacts of 1 new SF residence as a result of the subdivision, and the cost of
improvements along this frontage would not be proportionate with the development. Staff
recommends that the owner dedicate right of way, adequate in width to accommodate future
development of Hoyt Road to the Type K street standards, along the northern portion of the
property. (Current County Assessor's map does not give adequate dimensions to accurately
determine how much right of way may be required. Accurate survey data for existing right of
way will have to be provided with the short plat application.))
�.
Staff Recommendation:
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Initial Date
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Deny
Development Services Reviewer
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Development Services Manager
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Traffic Division Reviewer
Traffic Division Manager
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Deputy Directoru'Z��'Zi✓
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Director Decision
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I:\formletters\Street Mod Requests\Street Mod Request Form - Hwang SP Hoyt Road.docx
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CITY OF
Federal Way
PUBLIC WORKS
DEPARTMENT
STREET MODIFICATION REQUEST / ACTION
Project Name Hwang 2-lot Short Plat
Permit # 19-105202-PC
Location 32604 45th Ct SW
Request #2 The applicant is also seeking to waive the requirement to improve the existing
driveway to the City standard 2-lot shared access driveway.
Staff Analysis The applicant is proposing to subdivide one existing lot into two lots.
Currently, there's an existing SF residence on the southern portion of the lot. The City's 2-lot
shared driveway standard corresponds to City Standard 3-2CC, which consists of a 16-foot paved
road within a 20-foot easement. The access road to the existing house is an approximately 12-
foot wide paved driveway. Because access to the new lot cannot be made from Hoyt Road, the
driveway to the future lot will have to be shared with the existing driveway, which is situated
between a neighbor's rock wall and a stream and wetland on the subject property.
Requirements / Conditions of Approval Due to the existing constraints of the neighboring
rockery and the on -site critical areas and associated buffers, staff recommends approval of the
request to not improve the existing driveway to City standards.
Staff Recommendation:
Development Services Reviewer
Development Services Manager
Traffic Division Reviewer
Traffic Division Manager
Deputy Director
Director Decision
Initial Date
Approve
Deny
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I:\fonnletters\Street Mod Requests\Street Mod Request Form - Hwang SP Hoyt Road.docx
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Skk"o- I(Dou3� �
RECEIVED
FEB 0 3 2020
SJ ARCHITECTS CITY OF FEDERAL WAY
COMMUNITY DEVELOPMENT
January 31, 2020
EJ Walsh, P.E.
Public Works Director
City of Federal Way
33325 8th Avenue South
Federal Way, WA 98003
Re: Hwang Short Plat, 32604 451h Court SW, Federal Way, Parcel #873218-0230
Dear Mr. Walsh,
Proposed property for the short plat is a long and narrow single family residential lot with total
area of 84,916 sq. ft. Owner is pursuing to see if the northern end of the property will be
acceptable to be divided into another single family lot.
This is to request to waive the requirement of the Street Frontage Improvements ( FWRC
19.135.040) for the above referenced project for following reasons, and also to request a
narrower access road for the two lot private driveway(3-02CC 2 Lot Private Driveway).
1. I have learned that the property will not be allowed to have a direct access onto Hoyt
Road per the recoded plat. Original plat indicates that the residential lots should have no
direct access onto Hoyt Road. In the case, the meaning of Street "Frontage"
Improvement of Hoyt Road would not be applied for the proposed project.
2. Due to the long and narrow property shape, it will require the total length of 870.78 feet
improvements where the property is faced with Hoyt Road. Construction of
improvements for the total length will make the proposed project, one additional
property, not be feasible. Northern lot will be remained undeveloped which may be loss
of opportunity for additional piece of land and growth of community.
3. After the detailed study about the available lot size throughout the short plat, if it is found
that the lot is big enough for dedication, the property owner will dedicate right-of-way
on Hoyt Road for future Street Frontage Improvement by the City of Federal Way.
Although, this will require detailed studies including wetland delineation of the property,
wetland buffer zone study, and area of the access road from the 45th Court SW to the
property. We hope we will be able to find the good result.
Hwang Short Plat, 32604 45th CT SW Federal Way WA 98023, Parcel #873218-0230
Page 1 of 2
4. Discussed with the pre -application plans reviewer, I learned that City of Federal Way
standards for a 2-lot access drive is a 16 feet paved access road within a 20 foot wide
easement. However, given the site constraints — the wetland/stream and their associated
buffers — I would like to request you to allow a narrower access road. A narrower
access road would be a key factor for the proposed project's feasibility.
Please review the circumstances and let me know if it will be possible to waive the requirement
of the Street Frontage Improvement (FWRC 19.135.040) and be possible to allow a narrower
access road.
Sincerely,
Steve Joo
SJ Architects
steve.jvo�7a hotmail.com
206-306-6738
Hwang Short Plat, 32604 451h CT SW Federal Way WA 98023, Parcel #873218-0230
Page 2 of 2
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ORDER NO.: 5207129611
LEGAL DESCRIPTION EXHIBIT
The land referred to is situated in the County of King, City of Federal Way, State of Washington,
and is described as follows:
Lot 23, TWIN LAKES VIEW, according to the plat thereof recorded in Volume 128 of Plats,
pages 4 and 5, records of King County, Washington;
TOGETHER WITH that portion of the Southeast quarter of the Northwest quarter of Section 14,
Township 21 North, Range 3 East, W.M., in King County, Washington, lying Easterly of Old F.B.
Hoyt Road, as conveyed to King County by Deed recorded under Recording No. 993517 and
lying Westerly of 47th Avenue S.W. (F.B. Hoyt Road S.W.) as conveyed to King County by
Deeds recorded under Recording Nos. 5075184 and 5174291;
TOGETHER WITH that portion of vacated F.B. Hoyt County Road adjoining, which upon
vacation, attached to said property by Operation of Law, as provided by Ordinance No. 4996
recorded under Recording No. 8008260790.
SITUATE in the County of King, State of Washington
Property Address: 32604 45th Court Southwest, Federal Way, WA 98023
ABBREVIATED LEGAL
Lot 23, TWIN LAKES VIEW and that portion of the Southeast quarter of the Northwest quarter
of Section 14, Township 21 North, Range 3 East, W.M.
Tax Account No. 873218-0230-00
Page 1 of 1
q81looJ619
When recorded return to: OLO REPUBLT
won Woo Hwang PAGE-001 OF 5.3
B g 08/11/2015 13
!on:37
32604 45th Ave Ct SW KING COUNTY, WA
Federal Way, WA 98023
E2749031
KING COUNTY, WA
TAX 15403,92
SALE $33:310-00 PAGE-001 OF 001
- 2P(01( STATUTORY WARRANTY DEED
OLD REPUBLIC TrtLF LTA]
THE GRANTOR(S) NNii jjcole Rcnec Drake who acquired title as Nicole Renee Sampson and Stuart Drake, wife and
husband, for and in consideraion of ten dollars (S 10.00) and other good and valuable consideration, in hand paid,
conveys, and warrants to longwon Woo Hwang, a married person, and Eui Soon Hwang, an unmarried person, the
following described real estate, situated in the County of King, State of Washington:
The [and referred to is situated in the County of King, City of Federal Way, State of Washington, and is described
as follows: Lot 23, TWIN LAKES VIEW, according to the plat thereof recorded in Volume 128 of Plats, pages 4
and 5, records of King County, Washington; TOGEi1-IER Wr that portion of the Southeast quarter of the
Northwest quarter of Section 14, Township 21 North, Range 3 East, W.M., in King County, Washington, lying
Easterly of Old F.B. Hoyt Road, as conveyed to King County by Deed recorded under Recording No. 993517 and
lying Westerly of 47th Avenue S.W. (F.B. Hoyt Road S.W.) w wnveyed to King County by Deeds recorded under
Recording Nos. 5075184 and 5174291; TOGETHER WITH that portion of vacated F.B. Hoyt County Road
adjoining, which upon vacation, attached to said property by Operation of Law, as provided by Ordinance No. 4996
recorded under Recording No. 8008260790. SITUATE in the County of King State of Washington Property
Address: 32604 45th Court Southwest, Federal Way, WA 98023
Tax Parcel Numbetjs): 873218-0230-00
Dated: August 10, 2015
Nicole Renee Drake
Stuart Drake
LPB 10-05(i)
STATE OF
ss.
COUNTY OF hljj�o,&dt
I certify that I know or have satisfactory evidence that Nicole Renee Drake and Stuart Drake the pers4g who
appeared before me, and said pam&cknowledged that he/sh ey s gned this instrument and acknowledged
it to be hislha ithe'sr rec and voluntary act for the uses and purposes mentioned in this instrument..
Uacrx/J V l 0, '2
l:
D0Or Notary nameprintedortyped: Ra! o
0 Thy Notary public in and for the State of r4
4 Residing at -t-A C V pS S f o rc
SPATE My appointment expires:
4F
TES�'1E55EE �` Commission Expires
bfOTARY pMay 15, 2018
� LIELIC �_
ti
�r��MER'1 G
LPB I0-05(i)
. uav [aaa avra•aa •.auu t.va uu r-a . auV vl.uuvL+.luu total. tau llaa.•. a'VL.,La t.\/l�l■l�L' �L'.V
(See back page for instructions)
LJ Check box if artial sale of ro
Nicole Renee Drak And Stuart Drake, wife and
Name husband
ac
aMailing Address 1885 Basham LN
ce City/Statetzip Clarksville, TN 37043
Phone No. (including area code)
Send all property tax correspondence to: LJ Same as Buyer/Grantee
Name Jongwon Woo Hwang and Eui Soon Hwang
Mailing Address 32604 45th Ave Ct SW
City/stale/Zip Federal Way, WA 98023
Phone No. (with area code) _ _
11 multiple u. _crs, hst percentage at Ownership nett 10 name
Jongwon Woo Hwang,A '(MYYVCt
Name nr\d 1FA-rQ 15,KYl 'O(Ii 00a _ _ C10
Lu
m Fes- Mailing Address 2401 Windward Blvd Apt 205
rz
m city/state/zip Champaign, IL 61821
U
Phone No. (including area code)
List all real and personal tax parcel account Listed assessed values)
numbers — check box if personal property
873218-0230-00
Street address of property: 32604 45th Ave Ct SW, Federal Way, WA 98023
This Property is located in ❑ unincorporated King County OR within ❑ city of Federal Way,
❑ Check box ifany of the listed parcels are being seg regaled from a larger parcel.
Legal description of property (if more space is neeileJ.�you may attach a separate sheet to each page of the affidavit)
See Exhibit "A" Attached
.{[�OLD REPUBLIC TITLE ETD
Enter Abstract Use Categories
(Please see list on back page of this farm)
If exempt from property tax per chapter 84.36 RCVS' tnonprofil
organi7,ation),include:
Seller's Exempt Reg. No.:
YES
NO
Is this property designated as forest land chapter 84.33 RCW?
Is this property classified as current use (open space, farm
and agricultural, or timber) land per chapter 8434?
Is this property receiving special valuation as historical ❑
property per chapter 84.26 RCW?
If any answers are yes, complete as instructed below.
(1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE)
NEW OWNER(S): To continue the current designation as forest land or
classification as current use (open space. farm and agriculture, or timber)
land, you must sign on (3) below. The county assessor must their determine
if the land transferred continues to qualify and will indicate by signing below.
If the land no longer qualifies or you do not wish to continue the designation
or classification, it will be removed and the compensating or additional taxes
will be due and payable by the seller or transferor at the time of sale. (RCW
84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact
your local county assessor for more information.
This land ❑ does ® does not qualify for continuance
DEPUTY ASSESSOR DATE
(2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY)
NEW OWNER(S): To continue special valuation as historic property, sign (3)
below. If the new owner(s) do not wish to continue, all additional tax calculated
pursuant to chapter 9426 RCW, shall be due and payable by the seller or
transferor at the time ofsale.
(3) OWNER(S) SIGNATURE
List all personal property (tangible and intangible) included in selling
price.
If claiming an exemption, list WAC number reason for exemption:
WAC No. (Sect ion/Subsection)
Reason for exemption
Type of Document Statutory Warranty Deed
l}ate.!r4'Flncumrnt 08/10/15
Gross Selling Price
*Personal Property (deduct)
Exemptiorr Claimed (deduct)
Taxable Selling Price
'Ezcise Tax: State
Local
*Delinquent Interest: State
Local
*Delinquent Penalty
*County Technology Fee
*State Technology Fee
*Affidavit Processing Fee
Total Due
$ $303,310.00
$ O.OG
$ $303,310.00
$ 0.00
$ 0.00
$ 0.00
$ �7�2�b ova
$ r 5.00
$
$ 5,403.92
A MINIA4UM OF $10.00 IS DUE IN FEE(S) AND/OR TAX
*SEE INSTRUCTIONS
Er(CERTIFY DER PENALTY OF PERJURY THATTHE FOREGOING ISTRUEAND CORRECT
Signature of Signature of
Grantor or Grantor's A eni Grantee or Grantee's A en
Name (print) Sarah Larson, ge Name (print) Sarah La on Atellf
Date & city of signing: 8/'11/2 Everett � Date & city of signing 811 1/2015 Everett
Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by
a fine in an amount fixed by the court of not more than five thousand dollars (55.000.00), or by both imprisonment and fine (RCW 9A20.020 (IC).
REV 84 0001 a (06/23/05) THIS SPACE —TREASURER'S USE ONLY COUNTY TREASURER
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