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APL20080006.pdfCITY OF EDMONDS GARYHAAKENSON MAYOR 121 STH AVENUE NORTH • Edmnds, WA 98020 • (425) T71-0220 • FAX (425) 771-0221 HEARING EXAMINER `nC.189v In the Matter of the Appeal of ) NO. AP-08-6 Craig Reimer ) Reimer Appeal Of an Administrative Interpretation ) FINDINGS, CONCLUSIONS, 1 AND DECISION SUMMARY OF DECISION An appeal of the Community Development Department's decision to deny a request for lot line adjustment, based on the application of Edmonds Community Development Code (ECDC) 17.40.030.C, relating to real property located at18607 Olympic View Drive in Edmonds, Washington is DENIED. The City's interpretation is affirmed. SUMMARY OF RECORD Request: Craig Reimer (Appellant) appeals the City of Edmonds Community Development Department's determination that the two legally described parcels addressed as 18607 Olympic View Drive have been combined by operation of ECDC 17.40.030.0 and that therefore his application for lot line adjustment must be denied. Hearing Date: The City of Edmonds Hearing Examiner conducted an open record hearing on the appeal on November 20, 2008. The Hearing Examiner conducted a site visit prior to the hearing. Testimony: At the open record hearing, the following individuals presented testimony under oath: 1. Kernen Lien, Associate Planner 2. Craig Reimer, Appellant 3. Steve Bullock, Appellant Representative 4. Alvin Rutledge Exhibits: At the open record hearing the following exhibits were admitted into the record: 1. Community Development Department Staff Report 2. Zoning & Vicinity map Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Reimer Appeal, No. AP-08-6 page I of 6 • Incorporated August 11, 1890 Sister City - Hekinan, Japan 3. Aerial Map 4. Land Use Application 5. Lot Line Adjustment Narrative (from Appellant) 6. Plat Certificate 7. 08-09-2008 Record of Survey — Site Map prepared for proposed lot line adjustment 8. Correspondence from K. Lien to C. Reimer, dated August 20, 2008 9. Correspondence from S. Bullock to K. Lien, dated September 8, 2008 10. Correspondence from K. Lien to S. Bullock, dated September 23, 2008 11. Correspondence from S. Bullock to K. Lien, dated October 7, 2008 12. Edmonds Sea View Plat, recorded 1906 13. Snohomish County Parcel Map 14. Public hearing notice documentation 15. Statement of S. Bullock, dated November 18, 2008 Issue on Appeal: Whether the City incorrectly applied Edmonds Community Development Code (ECDC) 17.40.030.0 to Appellant's property resulting in the determination that the two parcels have combined into one legal lot, which is not capable of being approved for a lot line adjustment. Regulations in Question: ECDC 20.75.050.A: Lot line adjustment Defned. A lot line adjustment is an alteration of lot lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division. ECDC 20.75.050. C. Lot Line Adjustment Review. All proposals for lot line adjustments shall be submitted to the Edmonds planning manager or his/her designee for approval. The Edmonds planning manager or his/her designee shall approve the proposed lot line adjustment unless the manager or his/her designee certifies in writing that the proposed adjustment will: 1. Create a new lot, tract, parcel, site or division; 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; 3. Reduce the lot width or lot size below the minimum required for the applicable zone; 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, trot, parcel, site or division; 5. Would otherwise result in a lot which is in violation of any requirement of the ECDC. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Reimer Appeal, No. AP-08-6 page 2 of 6 ECDC 17.40.030. C. Combination. If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code, except as specifically provided in subsection D of this section. ECDC 17.40.030.D. Exception for Single -Family Dwelling Units. An applicant may build one single-family dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if� one of the following exceptions applies: 1. In an RS zone, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: a. The lot area of the nonconforming lot is not less than the minimum lot area specified in the table below for the zoning district in which the subject property is located, and b. Community facilities, public utilities and roads required to serve the nonconforming lot are available concurrently with the proposed development, and c. Existing housing stock will not be destroyed in order to create a new buildable lot, and d. The proposed development of the lot is generally consistent with the character of the surrounding neighborhood. Upon consideration of the testimony, arguments, and exhibits submitted at the open record appeal hearing, the Hearing Examiner enters the following findings and conclusions: FINDINGS Craig Reimer (Appellant) owns the real property at 18607 Olympic View Drive (subject property) in Edmonds, Washington. The site is composed of portions of three platted lots, Lots 15, 16, and 7, of the Plat of Edmonds Sea View Tracts recorded in Snohomish County in March 1906. In title transfer documents, the Appellant's property is described as two parcels, Parcel A and Parcel B, with separate legal descriptions. Exhibit 6; Exhibit 12. The Snohomish County Parcel map identifies the Appellant's property as a single parcel. Exhibit 1, page l; Exhibit 13. 2. The subject property is developed with one single-family residence, built in approximately 1941. The site was annexed to the City of Edmonds in 1961. The property has had a Single -Family Residential RS-12 zoning designation since approximately 1964. The Appellant took possession of the property in 1999. Testimony of Mr. Lien; Testimony of Mr. Reimer; Testimony of Mr. Bullock. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Reimer Appeal, No. AP-08-6 page 3 of 6 3. The RS-12 zoning district requires a minimum lot width of 80 feet and a minimum lot area of 12,000 square feet. ECDC 16.20.030. 4. The Appellant obtained a plat certificate from a title insurance company. The plat certificate contains the following abbreviated legal description of the subject property: All that portion of Lot 15 and of the southwesterly 60 feet of Lots 7 and 16, Block C, Edmonds Sea View Tracts, according to the Plat thereof; recorded in Volume 3 of Plats, Page 76, Records of Snohomish County, Washington, lying easterly of the paved highway, together with vacated Olympic Avenue abutting upon and adjacent to the south 60 feet of said tract 16 and to all of said tract 15. The plat certificate Schedule A identifies the portion of Lot 15 (and adjacent vacated right-of-way) as Parcel A, and it calls the southwesterly 60 feet of Lots 7 and 16 (and adjacent vacated right-of-way) Parcel B. Exhibit 6. According to the Appellant's professionally prepared survey, Parcel A is 100 feet in width, with a total area of 17,448.7 square feet. Parcel B is 60 feet wide with a total area of 13,135.8 square feet. Exhibit 7. 6. The existing residence straddles the dividing line between the two parcels. The Appellant applied for a lot line adjustment to reapportion the areas of the two original parcels, in order to result in two conforming RS-12 lots with the residence located within one lot. Exhibits 4 and 5. 7. Lot line adjustment is not allowed to create additional lots, but only to reallocate area between existing lots. Upon review of the lot line adjustment application, Staff determined that the contiguous parcels under the same ownership had combined by operation of ECDC 17.40.030.0 because one was non -conforming as to width. As a result of the combination, the Appellant's property consists of only one lot. Staff advised the Appellant that in order to create two lots, he could apply for a short plat. Staff offered to refund the application fees if the Appellant decided to withdraw the lot line adjustment application. Exhibit 1, page 3; Testimony of Mr. Lien; Exhibit 8. 8. Appellant conceded that the area legally described as Parcel B is nonconforming due to lot width and that the two parcels were combined by operation of ECDC 17.40.030.C. Testimony of Mr. Bullock; Exhibit 15. 9. On appeal, the Appellant argued that the City's "deeming" Parcels A and B as "combined" didn't alter their status as separate legal lots and that the City could `undeem' them combined. Testimony of Mr. Bullock; Exhibit 11. Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Reimer Appeal No. AP-08-6 page 4 of 6 10. Alternatively, the Appellant argued on appeal that his property qualifies for the single- family residence exception to combination of contiguous nonconforming lots in common ownership established in ECDC 17.40.030.D.1. Exhibit 11; Testimony of Mr. Bullock. 11. The City argued that the exceptions to lot combination in ECDC 17.40.030.D.1 do not apply to the subject property because subsection D.1 speaks only to nonconformity based on lot size (not width), while subsections ECDC 17.40.030.A, B, and C all refer to both lot size and width Thus, argued the City, `width" was intentionally excluded from the exceptions provided in subsection D. Testimony of Mr. Lien; Exhibit 1, page J. 12. The Appellant testified that he would prefer to do a lot line adjustment rather than obtain short plat approval because it is simpler. Testimony of Mr. Bullock Testimony of Mr. Reimer. 13. The most recent amendment to ECDC Section 17.40.030 was in 1997. Thus, the rule requiring combination of contiguous parcels under the same ownership in the event of nonconformity as to size or width has been in effect since before the Appellant purchased the property. The two parcels were combined into one parcel prior to his taking possession. ECDC 17.40.030 [Ord. 3153 § 1, 1997; Ord. 3024 § 1, 1995; Ord 2936 § 1, 1993; Ord. 2292 § 1, 1982]. 14. Notice of application and notice of hearing were published, posted, and mailed to residents and owners within 300 feet of the site, consistent with the notice provisions of the Community Development Code. Exhibit 1, page 7; Exhibit 14. 15. Public comment at the hearing related to the following: whether in 1999, smaller lot sizes would have been approved; questions as to how many other cases like this there have been in the City; whether the Appellant is aware that the easements involved in his property may affect his property taxes; and a question as to whether the creation of a second lot would affect school district bus service and/or student safety. Testimony of Mr. Rutledge. 16. Staff identified one other case of an appeal of a determination that two lots had combined due to nonconformity since 1996 (File No. AP-96-51). However in that case, the alleged second parcel was only eight feet in width, which distinguishes the 1996 matter from the instant situation. Testimony of Mr. Lien; Testimony of Mr. Bullock. CONCLUSIONS Jurisdiction: The Hearing Examiner has jurisdiction to hear and decide appeals of City interpretations of the text of the Edmonds Community Development Code pursuant to ECDC 20.105.010.A.2. Criteria for Review: Pursuant to ECDC 20.105.030.C, the Hearing Examiner shall hold a public hearing on the appeal consistent with ECDC Title 20.91 and shall base the decision on the appeal on the same criteria as are set forth in the code for the original staff decision appealed from Findings, Conclusions, and Decision City of Edmonds Hearing Examiner Reimer Appeal, No. AP-08-6 page 5 of 6 • Conclusions Based on Findings: 1. The two parcels owned by the Appellant combined, functionally becoming one legal lot, on the date that the combination provision and the current RS-12 development standards were both in effect on the land. The record indicates that RS-12 zoning was in effect on the property no later than 1964. The most recent amendment to the nonconforming lot provisions was in 1997, which means the current regulations were in effect prior to the Appellant's purchase of the property. Contrary to the argument offered by the Appellant's representative, "combination" has exactly the effect of removing the status as separate legal lots. Because only one legal lot remains, lot line adjustment is not applicable. The Appellant can achieve the desired property division and arrangement via short plat. Findings Nos. 1, 2, 3, 5, 7, 12, and 13. 2. Read together with subsections A, B, and C, it is notable that nonconformity due to width is present in the first three subsections and omitted from subsection D. Further, in the instant case, in order to transform former Parcel B into a separate lot without destroying existing housing stock, Appellant requires a lot line adjustment. The exception provided in subsection D.1 does not state that reorganization of existing parcel boundaries may be employed in order to achieve compliance with the criteria for the exception. Because of these two factors, considered in a light most favorable to the Appellant, it is arguably at best ambiguous whether ECDC 17.40.030.D.1 provides an exception in the instant situation. In the case of ambiguous municipal zoning ordinances, deference to the interpretation of the administrative official charged with application and enforcement of the zoning code is appropriate. Pinecrest Homeowners' Assn v. Glen A. Cloninger & Assoc., 151 Wn.2d 279, 290 (2004). Based in the foregoing, the Examiner concurs that the exception for single-family residence does not apply to the instant case. The Appellant is not significantly prejudiced by this outcome, because the desired end can be legitimately achieved through the short plat process. Findings Nos. 2, 3, 5, 6, 11, and 13. DECISION Appellant did not satisfy his burden of proof by successfully showing that the staff interpretation that the two parcels were effectively combined by ECDC 17.40.030.0 was wrong. Based on the preceding findings and conclusions, the appeal must be DENIED. Decided this 5"' day of December 2008. Toweill Rice Taylor LLC City of Edmonds Hearing Examiners By: a,I • Findings, Conclusions, and Decision City ofEdmonds Hearing Examiner Reimer Appeal No. AP-08-6 page 6 of 6 'PC.1S9� APPELLANT CITY OF EDMONDS 121 5TH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 HEARING EXAMINER OFFICE OF THE HEARING EXAMINER CITY OF EDMONDS, WASHINGTON Craig Reimer ) Case No. AP-08-6 DECLARATION OF SERVICE Decision on Reconsideration ) I, Sharon A. Rice, the undersigned, do hereby declare: GARY HAAKENSON MAYOR 1. That I am a partner in the firm of Toweill Rice Taylor LLC, which maintains a professional services agreement with the City of Edmonds, Washington for the provision of Hearing Examiner services, and make this declaration in that capacity; 2. That 1 am now and at all times herein mentioned have been a citizen of the United States, a resident of the State of Washington, over the age of eighteen (18), and competent to be a witness and make service herein; 3. That on December 5, 2008 I did serve a copy of the Findings, Conclusions, and Decision in case No. AP-08-6 upon the following individuals at the addresses below by first class US Mail: Craig Reimer 18607 Olympia View Drive Edmonds, WA 98020 Alvin Rutledge 7101 Lake Ballinger Way Edmonds, WA 98026 Clerk of the Edmonds City Council 121- 5t° Avenue North Edmonds, WA 98020 Steve Bullock 21402 - ge Avenue West Edmonds, WA 98026 City of Edmonds Planning Division 121-Fifth Avenue North Edmonds, WA 98020 1 hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct: DATED T141S J - day of -Vmbl g - 2008 at��u� Washington. .C7 Sharon A. Rice Toweill Rice Taylor LLC Serving as Hearing Examiner for Edmonds, Washington • Incorporated August 11, 1890 Sister City - Hekinan, Japan CITY OF EDMONDS GARYHAAKENSON MAYOR 121 STH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 HEARING EXAMINER `z)C.189v RECONSIDERATION AND APPEAL The following is a summary of the deadlines and procedures for filing requests for reconsideration and appeals. Any person wishing to file or respond to a request for reconsideration or an appeal should information. REQUEST FOR RECONSIDERATION Section 20.100.010(G) of the Edmonds Community Development Code (ECDC) requires the Hearing Examiner to reconsider his or her decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony, or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. APPEALS Chapter 20.105 of the EC DC contains the appeal procedures for Hearing Examiner decisions. Pursuant to Section 20.105.040(A), persons entitled to appeal include (1) the Applicant; (2) anyone who has submitted a written document to the City of Edmonds concerning the application prior to or at the hearing; or (3) anyone testifying on the application at the hearing. Section 20.105.020(A) requires appeals to be in writing, and to state (1) the decision being appealed, the name of the project applicant, and the date of the decision; (2) the name and address of the person (or group) appealing the decision, and his or her interest in the matter; and (3) the reasons why the person appealing believes the decision to be wrong. Pursuant to Section 20.105.020(B), the appeal must be filed with the Director of the Development Services Department within 14 calendar days after the date of the decision being appealed. The appeal must be accompanied by any required appeal fee. TEWE LEMM FOR RECONSIDERATION AND APPEAL The time limits for Reconsideration and Appeal run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time clock for filing an appeal is stopped until a decision on the reconsideration request is completed. Once the Hearing Examiner has issued his or her decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example, if a reconsideration request is filed on day five of the appeal period, an individual would have nine more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. NOTICE TO COUNTY ASSESSOR The property owner may, as a result of the decision rendered by the Hearing Examiner, request a change in the valuation of the property by the Snohomish County Assessors Office. Incorporated August 11, 1890 Sister City - Hekinan, Japan 0 • NOVEMBER20, 200s PLEASE PRINT LEGIBLY BELOW YOUR NAME, ADDRESS AND ZIP CODE IF YOU WISH TO SPEAK ON THIS ITEM OR TO BE NOTIFIED OF FUTURE HEARINGS ON THIS PROJECT. THANK YOU. 1nc.1B90 Date: all - CITY OF EDMONDS 0 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website:w .ci.edmonds.Wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering Letter of Transmittal !1 November 6, 2008 GARY HAAKENSON MAYOR To: Craig Reimer Steve Bullock 18607 Olympic View Dr. 21402 80th Ave. W. Edmonds, WA 98020 Edmonds, WA 98026 Subject: AP-2008-6 Transmitting Hearing Examiner Agenda and Staff Report For Your Information: X As you requested: For your file: Comment: Note attachments: X Sincerely, Diane Cunningham, Administrative Assistant • Incorporated August 11, 1890 Sister City - Hekinan, Japan try c. 1 890 O ' O CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98026 • (425) 771-0220 • FAX (425) 771-0221 Website: w .uedmondsma.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering GARY HAAKENSON MAYOR PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Craig Reimer Appeal of Staff Decision on Proposed Lot Line Adjustment File Number: AP-08-06 (Appeal of PLN20080052) Date of Report: VWC mber 5, 2008 D From: i.A« K�ernen Lien, A Late Planner Public Hearing: November 20, 2008 at 3:06 P.M. Edmonds Public Safety Complex: Council Chambers 250 5th Avenue North, Edmonds WA 98020 SUMMARY OF PROPOSED ACTION AND APPEAL: The applicant/appellant, Craig Reimer, proposed a lot line adjustment (LLA) on his Property located at 18607 Olympic View Drive. Upon review of the application, Parcel B of the proposed lot line adjustment (Exhibit 7, Sheet 1) was determined to be a non- conforming lot. The property at 18607 Olympic View Drive is zoned RS-12, which per the development standards in ECDC 16.20.030 requires a minimum lot width of 80 feet. Parcel B, as identified on the proposal, has a lot width of 60 feet. Staff determined that pursuant to ECDC 17.40.030.0 Parcel B and Parcel A were deemed combined and thus only a single parcel. Since Parcel B was combined with Parcel A per ECDC 17.4G.030.C, a lot line adjustment cannot be processed per ECDC 20.75.050.C.I or ECDC 20.75.050.C.4 as it would create a new lot or tract and/or transform a nonbuildable lot or tract into a buildable lot. Mr. Reimer contests the staff interpretation that Parcel A and Parcel B have been combined and that Parcel B is a nonbuildable lot and contends that a lot line adjustment can be processed I as submitted The following is staffs analysis of the project. Exhibit 1 AP-08-6 • Incorporated August 11, 1890 Sister City - Hekinan, Japan • Mer Appeal of PLN-2008-0052 File Number: AP-08-6 Page 2 of 8 11�fLD1►1MI1.1 A". 0 M M Request: Appeal of staff decision that a lot line adjustment cannot be processed pursuant to the Edmonds Community Development Code (ECDC) for the property located at 18607 Olympic View Drive. 2. Review Process: Staff interpretations of the text of the ECDC are decisions appealable to the Hearing Examiner pursuant to ECDC 20.105.010.A. 3. Relevant Code Sections: a. ECDC 16.20 (RS — Single -Family Residential) b. ECDC 17.40.030 (Nonconforming lots) c. ECDC 20.75.050 (Lot line adjustment - Application) d. ECDC 20.105 (Appeals and Court Review) 4. Owner: Craig Reimer 5. Applicant/Appellant: Craig Reimer :��i7'�iia��i11u'1ii$iDZIL��'f11I1xI1Z1j1171 7. Location: 18607 Olympic View Drive (Exhibit 3) 8. Zoning: Single-family Residential (RS-12) (Exhibit 2) Lot Size: Approximately 30,584.5 (Combined area of identified Parcel A and Parcel B, Exhibit 7) 10. Access: Access to the site is provided through an easement over and across the southerly 20 feet of the vacated Olympic Avenue. 11. Existing Use: Single-family residential. 12. Proposed Use: Single-family residential. III. HISTORY/BACKGROUND: The applicant/appellant, Craig Reimer, proposed a lot line adjustment on his property located at 18607 Olympic View Drive. The subject property consists of portions of tracts 15, 16, and 7 of the Edmonds Sea View Plat recorded 1906 (Exhibit 12). All three tracts are depicted as a single parcel on the Snohomish County parcel map (Exhibit 13). While the legal description provided in Schedule A of the Plat Certificate (Exhibit 6) describes Exhibit 1 AP-08-6 • Rter Appeal of PLN-2008-0052 File Number: AP-08-6 Page 3 of 8 Parcel A and Parcel B of the application separately, every deed, covenant and easement in the Plat Certificate describes the property as a single parcel. Additionally, the house that exists on the subject property was built in 1941 and straddles the tract lines of tracts 15 and 16. While the property consists of three tracts from Edmonds Sea View Plat recorded in 1906, it is apparent from all the available information that these tracts have been viewed as a single property for some time, and that they were developed as a single property. Upon review of the application, Staff determined that Parcel B of the proposed lot line adjustment (Exhibit 7, Sheet 1) is a nonconforming lot because it does not meet the width requirements for a lot in the RS-12 zone, which has a minimum lot width of 80 feet. Parcel B, as identified on the proposal, has a lot width of 60 feet. Staff determined that pursuant to ECDC 17.40.030.C, Parcel A and Parcel B were deemed combined and thus only a single parcel, and therefore a lot line adjustment could not be processed pursuant to ECDC 20.75.050.C. The City of Edmonds sent Mr. Reimer a letter on August 20, 2008 (Exhibit 8) stating that the lot line adjustment process is not appropriate and that if he wished to create two lots as depicted on Sheet 2 of the submitted survey materials (Exhibit 7, Sheet 2) he could apply for a short plat subdivision. Mr. Reimer, through his consultant, Steve Bullock, contended in a letter dated September 8, 2008 (Exhibit 9) that even though the City "deemed" the lots to be combined pursuant to ECDC 17.40.030.C, the only way the lots could be combined would be through a lot line adjustment recorded with Snohomish County that abolished the interior line. Since this had not occurred, Mr. Bullock suggested Mr. Reimer still had two legal lots. The City of Edmonds met with Mr. Bullock on September 19, 2008 to discuss this matter, and the City reiterated its position that the two lots were combined through ECDC 17.40.030.C, making Parcel B in the proposal a nonbuildable lot. This discussion was summarized in the letter from Kemen Lien to Steve Bullock dated September 23, 2008 (Exhibit 10). The City determined Parcel B to be a nonbuildable lot in essence because it no longer existed as a separate parcel after being combined with Parcel A pursuant to ECDC 17.40.030.C. The determination that Lot Line Adjustment PLN20080052 cannot be processed or approved was appealed via the October 7, 2008 letter (Exhibit 11) from Steve Bullock that was also submitted to the City on October 7, 2008. Exhibit 1 AP-08-6 • IV. APPLICABLE CODES: 1. ECDC 16.20 (RS — Single -Family Residential) Rter Appeal of PLN-2008-0052 File Number: AP-08-6 Page 4 of 8 a. Development standards in RS-12 are defined in ECDC 16.20.030, reproduced below in part: Minimum Minimum Minimum Minimum Zone Lot Area Street Side Rear Minimum Maximum (sq. ft. Setback Setback Setback Lot Width Coverage RS-12 12,000 25' 10, 25' 80' 35% b. Parcel A and Parcel B in the lot line adjustment proposal meet the minimum lot area before and after the proposed LLA. As depicted on the application, Parcel A is 17,448.7 square feet before and would be 12,040.1 square following a lot line adjustment. Parcel B is 13,135.8 square feet before and would be 18,544.5 square feet following a lot line adjustment. The application would be compliant with the minimum lot area requirements of ECDC 16.20.030. c. Parcel A is compliant with the minimum lot width standard before and after the proposed LLA. Parcel B is currently 60 feet wide and nonconforming with regards to the minimum lot width of 80 feet for the RS-12 zone. If the proposed LLA were processed, Parcel B would become conforming to the minimum lot width requirement of ECDC 16.20.030. 2. ECDC 17.40.030 (Nonconforming Lots) a. ECDC 17.40.030.A defines a nonconforming lot as a lot "which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development." (Emphasis added.) As established above, Parcel B does not currently meet the lot width requirements for the RS-12 zone and thus, by definition, is a nonconforming lot. b. ECDC 17.40.030.0 states that, "If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Exhibit 1 AP-08-6 • Ar Appeal of PLN-2008-0052 File Number: AP-08-6 Page 5 of 8 Edmonds Community Development Code, except as specifically provided in subsection D of this section." (Emphasis added.) Since Parcel B is nonconforming with regards to the minimum width criteria established in ECDC 16.20.030, and it is in the same ownership as a contiguous lot, pursuant to ECDC 17.40.030.C, Parcel B is deemed to be combined with Parcel A. Parcel B is no longer a separate parcel after being combined with Parcel A and thus is essentially nonexistent and not a separate buildable lot. c. ECDC 17.40.030.0 does provide for an exception through ECDC 17.40.030.D which states that, "Exception for Single -Family Dwelling Units. An applicant may build one single-family dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies:" (Emphasis added) ECDC 17.40.030.D provides an exception for single-family dwelling units on parcels regardless of the size of the parcel. Parcel B is nonconforming with regards to the width of the parcel, and thus the exceptions in ECDC 17.40.030.13 do not apply to Parcel B. ECDC 17.40.030.A through ECDC 17.40.030.0 specifically mention both size and width as different nonconforming criteria. The exception in ECDC 17.40.030.D only applies to parcels that are nonconforming with regard to the size of the parcel. There are no exceptions in ECDC 17.40.030 for parcels that do not meet the width criteria. 3. ECDC 20.75.050 (Lot line adjustment - Application) a. ECDC 20.75.050.A defines a lot line adjustment as, "A lot line adjustment is an alteration of lot lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division." b. ECDC 20.75.050.0 further states that lot line adjustments shall be approved "unless the manager or his/her designee certifies in writing that the proposed adjustment will: 1. Create a new lot, tract, parcel, site or division; 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; 3. Reduce the lot width or lot size below the minimum required for the applicable zone; Exhibit 1 AP-08-6 • Mer Appeal of PLN-2008-0052 File Number: AP-08-6 Page 6 of 8 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division; 5. Would otherwise result in a lot which is in violation of any requirement of the ECDC." c Since Parcel B has been combined with Parcel A pursuant to ECDC 17.30.040.C, staff cannot approve the proposed lot line adjustment because it would not meet the criteria for lot line adjustments established in ECDC 20.75.050.C.1 or ECDC 20.75.050.C.4. When Parcel B is combined with Parcel A pursuant to ECDC 17.30.040.C, it essentially seizes to exist and the property is considered a single parcel. Thus, an approval of the proposal lot line adjustment would be in conflict with ECDC 20.75.050.C.1. The applicant was notified in the August 20, 2008 letter (Exhibit 8) from staff that a lot line adjustment is not appropriate as there is only a single parcel after the parcels have been combined. Staff also indicated Parcel B is a nonbuildable lot in its September 23, 2008 letter (Exhibit 10). Here staff is saying Parcel B is a nonbuildable lot in essence because it has been combined with Parcel A pursuant to ECDC 17.30.040.C. That is, it no longer exists as a separate lot after the combination, and thus is nonbuildable. An approval of the proposed lot line adjustment application would create a new parcel and turn the nonconforming Parcel B (which has been combined with Parcel A) into a buildable lot in conflict with ECDC 20.75.050.C.4. d. Staff finds that since the nonconforming Parcel B has been combined with Parcel A, a lot line adjustment cannot be approved per ECDC 20.75.050.C. 4. ECDC 20.105 (Appeals and Court Review) a. Staff interpretations of the text of ECDC is an appealable staff decision pursuant to ECDC 20.105.010.A.4. b. Appeals are to be filed in writing consistent with ECDC 20.105.020 which states that: A. Written Appeal. Appeals shall be written and shall state the following: The decision being appealed, the name of the project applicant and the date of the decision. 2. The name and address of the person appealing, and his or her interest in the matter. Exhibit 1 AP-08-6 • ter Appeal of PLN-2008-0052 File Number: AP-08-6 Page 7 of 8 3. The reasons why the person appealing believes the decision to be wrong. 4. Persons to be notified under subsection B below, including correct names and addresses. B. Filing the Appeal. The person appealing shall file the appeal with the director of community services within 14 calendar days after the date of the decision being appealed. c. A written appeal from a representative of the applicant was received within 14 days of the second letter stating why the proposed lot line adjustment could not be processed pursuant to ECDC 17.40.030.0 and ECDC 20.75.050.C. d. Pursuant to ECDC 20.105.030.D, the decision of the Hearing Examiner on appeals of staff decisions on project permit applications shall be final and shall not be appealable to the city council. V. PUBLIC HEARING NOTICE: A "Notice of Application" and a "Notice of Hearing" were published in the Herald Newspaper and posted at the subject site, as well as the Public Safety Complex, Community Development Department, and the Library. All notices were also mailed to residents and owners within 300 feet of the site. The City has complied with the noticing provisions of ECDC 20.91 (Public Hearings and Notice, see Exhibit 14). VI. PUBLIC CONCERNS: To date, no public comment letters have been received. VIL CONCLUSIONS: 1. Parcel B of the proposed lot line adjustment is a nonconforming lot in regards to width. 2. Pursuant to ECDC 17.30.040.C, Parcel B is deemed to be combined with Parcel A. None of the exceptions in ECDC 17.30.040.1) apply to Parcel B as the exceptions are for parcels that are nonconforming with regards to size. Parcel B is nonconforming with regards to width. 4. The proposed lot line adjustment would create a new parcel and/or transform a nonbuildable lot into a buildable lot, and thus is inconsistent with ECDC 20.75.050.C.I and ECDC 20.75.050.C.4. 5. The proposed lot line adjustment cannot be approved because it is inconsistent with ECDC 20.75.050.C. Exhibit 1 AP-08-6 • Mer Appeal of PLN-2008-0052 File Number: AP-08-6 Page 8 of 8 VIII. RECOMMENDATIONS: 1. Based on the analysis and attachments to this report, staff recommends DENIAL of the appeal. 2. If the applicant/appellant wishes to pursue a proposal to achieve the desired lot layout depicted on Sheet 2 of Exhibit 7, a Short Plat Subdivision application must be submitted and reviewed for compliance with all applicable codes. IX. PARTIES OF RECORD: Craig Reimer 18607 Olympic View Drive Edmonds, WA 98020 City of Edmonds, Planning Division X. EXHIBITS 1. Staff Report 2. Zoning & Vicinity Map 3. Aerial Map 4. Land Use Application 5. Lot Line Adjustment Narrative 6. Plat Certificate Steve Bullock 21402 801h Ave W Edmonds, WA 98026 7. 08-09-2008 Record of Survey (Lot Line Adjustment Map) 8. August 20, 2008 letter from Kemen Lien to Craig Reimer 9. September 8, 2008 letter from Steve Bullock to Kemen Lien 10. September 23, 2008 letter from Kemen Lien to Steve Bullock 11. October 7, 2008 Appeal letter from Steve Bullock to Kemen Lien 12. Edmonds Sea View Plat 13. Snohomish County Parcel Map 14. Public Hearing Notice Requirements Exhibit 1 AP-08-6 Zoning and Vicinity Map o ao mmmczzz zoo soo aoFeet 18607 Olympic View Drive I Exhibit 2 + m 'L; d city of edm•ds�- land use application 0 ARCHITECTURAL DESIGN REVIEW 0 COMPREHENSIVE PLAN AMENDMENT NIB 0 CONDITIONAL USE PERMIT FILE#R.AI 009t70.'Q ZONE 't} 0 HOME OCCUPATION . DATE 8616/02 REC'D BY &Ten 0 FORMAL SUBDIVISION FEE 'CPS. 00 RECEIPT# 0 SHORT SUBDIVISION X LOT LINE ADJUSTMENT HEARING DATE B PLANNED RESIDENTIAL DEVELOPMENT 0 HE XSTAFF 0 PB 0 ADB 0 CC B OFFICIAL STREET MAP AMENDMENT 0 STREET VACATION 0 REZONE 0 SHORELINE PERMIT 0 VARIANCE/ REASONABLE USE EXCEPTION B OTHER; PROPERTY ADDRESS OR LOCATION woo-) ry *6,, Vy . PROJECT NAME (IF APPLICABLE) PROPERTY Ob OWNER IlA4At^1tf PHONE # ADDRESS %W) Wt^&IL AtIJ Of, Vlft`6i'IA At6aD p E-MAIL- ADDRESS Q\ME't\MfrQdhJnVT.WCiT FAX #� -i15' o�q5 TAx ACCOUNT# SEC..TWP. RNG. �� DESCRIPTION OF PROJECTOR PROPOSED USE Lek ,A tn$ APPLICANT Cx,i t4�PHONE# ADDRESS i;gop E-MAIL ADDRESS FAX # CONTACT PERSON/AGENT t PHONE# ADDRESSc EMAIL ADDRESS FAx # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnity, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or pan upon false, misleading, inaccurate or incomplete information furnished by the applicant, histher/its agents or employees. By my signature, I certify that the informilqn and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to f e app ' ation on the behalf of the owner as listed below, / tbIY0S4 SIGNATURE OF APPLICANT/AGENT DATE—r, Property Owner's Authorization By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission Jffr the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspect'())YBnd o 'ng attendant to this application. SIGNATURE OF OWNER // / DATE This application form w vised on 1/27100. To verify whether it is still current, call (425) 771.0220. L:LL.IDRARYIPLANNMG%Fo A HmdoutsNublie HmdwaLLand We Appitestioa.doc Exhibit 4 • • RECEIVED Lot Line Adjustment Narrative p AUG 15 2008 �iw OU R WCES Mr. Craig Reimer owns a piece of property along Olympic View Dr that is composed of two platted lots and some vacated right-of-way. His home is built on the property and probably because it was built so long ago, it straddles some of the originally platted lot lines. Mr. Reimer would like to resolve this issue now by completing a Lot Line Adjustment that would: 1. abolish lot lines related to the street vacation; 2. relocate lot lines so there remains two lots that comply with the RS-12 zoning requirements; 3. the existing house is located on one of the proposed lots in such a manner that all required setbacks are maintained. The following narrative indicates how the proposed Lot Line Adjustment complies with the Lot Line Adjustment Review criteria. ECDC section 20.75.050.0 states "...The Edmonds Planning Manager shall approve the proposed lot line adjustment unless the manager certifies in writing that the proposed adjustment will: 1. Create a new lot, tract, parcel, site or division; As shown on sheet one of the submitted survey, the subject parcel is comprised of two platted lots, lot 15, and the south 60 feet of lots 7(east of Olympic View Drive) & 16, together with the adjacent vacated Olympic Avenue right-of-way. Each lot complies with the RS-12 area requirement but the house straddles the property line. Sheet two shows the proposed lot line adjustment and how the common property line would be moved from a north/south orientation to an east/west orientation. No new lot(s) is created. 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; Sheets 1 and 2 both show how the existing house straddles the common property line and therefore encroaches on the setbacks of each lot. The proposed lot line adjustment moves the common property line in such a ,manner that the existing house will be entirely on "Parcel A". Not only does the proposed adjustment resolve the building encroachment issue, the house will also comply completely with the required setbacks for "Parcel A" (these are assumed to be 25' southwest, 25' northeast, 10' northwest and southeast). Setbacks for existing structures are not reduced below the minimum required for the zone or made nonconforming. Exhibit 5 3. Reduce the lot width or lot size below the minimum required for the applicable zone; Parcel A is proposed to be 12,040 sq. ft. and accommodates a minimum lot circle of 80'. Parcel 8 is proposed to be 18,544 sq. ft. and also accommodates a minimum lot circle of 80'. Lot width and size for each lot is not reduced below the minimum required for the zone. 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division; The proposed lot line adjustment actually resolves questions that might arise regarding the vacated Olympic Avenue since those property lines still show in the title report. The intent of this lot line adjustment is to clearly identify which parcels are buildable and to show that those parcels comply with the RS-12 width and area requirements. No nonbuildable tracts are proposed to be transformed into individual buildable lots. 5. Would otherwise result in a lot which is in violation of any requirement of the ECDC. Neither lot, parcel A or 8, is in violation of any requirement of the Edmonds Community Development Code. No violations existing on either of the proposed lots. t AhAGO TITLE INSURANCE COMPANY • 3u. YTAVENUE, EVHREIT. WA 98201 AMENDMENT NO. 2 PLAT CERTIFICATE Order No.: 5610580 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the fccurds of the County Auditor and County Clerk of SNOHOMISH County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following dcscribcd land situate in said SNOHOMISH County, to -wit* SEE SCHEDULE A (NEXT PA(;E) VESTED IN: CRAIG T. REIMER, AS HIS SEPARATE ESTATE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHAR(',E: $150.00 TAX: $12.90 Records examined to AUGUST 8, 2008 at 8:00 AM JIM CLINE Title Officer (925)259-8223 RECEIVED AUG 15 2008 DEVELOPMENT CES PIATCRTA/RDA/") Exhibit 6 0ICAGO TITLE INSURANCE COMPANY • PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 5610580 LEGAL DESCRIPTION PARCEL A: ALL THAT PORTION OF LOT 15, BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF THE PAVED HIGHWAY; TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO SAID TRACT 15; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHWESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12. PARCEL B: ALL THAT PORTION OF THE SOUTHWESTERLY 60 FEET OF LOTS '/ AND 16, BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF THE PAVED HIGHWAY; TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTH 60 FEET OF SAID TRACT 16t ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHWESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. PIATCR'[1./RDA/VM C141CAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 5610580 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of casements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for stale workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including casements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PIATCRm/BUA/O 0ICAGO TITLE INSURANCE COMPANY • n A a c r a PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 5610580 EXCEPTIONS 1. NO SEARCH HAS BEEN MADE AS TO PROPERTY TAXES AND ASSESSMENTS. PROPERTY TAXES AND ASSESSMENTS WILL BE SEARCHED UPON REQUEST. 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: JAMES H. AND JACQUELINE B. REID PURPOSE: WATER PIPELINE AREA AFFECTED: NORTHERLY PORTION RECORDED: JUNE 3, 1954 RECORDING NUMBER: 1099845 3. PUBLIC AND/OR PRIVATE EASEMENTS, IF ANY, IN EXISTENCE, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE REAL ESTATE UNDER SEARCH DYING WITHIN VACATED OLYMPIC AVENUE. 4. COVENANT AND AGREEMENT RESTRICTING HEIGHT OF TREES AND VEGETATION AND THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN: RECORDED: RECOR➢ING NUMBER: APRIL 1, 1999 9904010842 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STEVEN OLAV ALFSVAAG, ITS SUCCESSORS AND/OR ASSIGNS PURPOSE: PEDESTRIAN AND VEHICULAR ACCESS, INGRESS AND EGRESS, AND PARKING, INCLUDING PARKING OF A BOAT ON A TRAILER AREA AFFECTED: THE SOUTHERLY 3 FEET OF REAL ESTATE UNDER SEARCH RECORDED: SEPTEMBER 30, 1999 RECORDING NUMBER: 199909300462 6. COVENANT AND AGREEMENT RESTRICTING HEIGHT OF TREES AND VEGETATION AND THE. TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN: RECORDED: RECORDING NUMBER: SEPTEMBER 5, 2000 200009050612 7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: CRAIG T. REIMER AND ANGIE REIMER, HUSBAND AND WIFE OLD REPUBLIC TITLE, LTD. FTAWR i/RVA/a OICAGO TITLE INSURANCE COMPANY • PLAT CERTIFICATE SCHEDULE B (Conlinocd) Ordcr No.: 50105811 BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GOLF SAVINGS BANK AMOUNT: $ 474,500.00 DATED: NOVEMBER 24, 2004 RECORDED: DECEMBER 3, 2004 RECORDING NUMBER: 20041203042G LOAN NUMBER: REIMF.R1507056 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. u 8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CRAIG T. REIMER AND A14GIE REIMER, HUSBAND AND WIFE TRUSTEE: FIDELITY NATIONAL TITLE BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GOLF SAVINGS BANK, A WASHINGTON STOCK ,SAVINGS BANK AMOUNT: $ 250,000.00 DATED: JUNE 21, 2006 RECORDED: JUNE 30, 2006 RECORDING NUMBER: 200606300848 LOAN NUMBER: 1509703 THE. AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. r 9. THE COMPANY'S LIABILITY FOR THIS REPORT IS LIMITED TO $1,000.00. 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 THE 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 INDENTIFICATION OF THE PREMISES IN QUESTION, AND NO LIABILITY IS ASSUMED FOR 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. END OF SCHEDULE B c mw PIAW"2/RDA/m I �Q • ��v 14 �.,,. 28 u� . of o,�� 13 0 r p3 Z tP,o 03 2 D0 1 Jh h �K 12 / \ OS� 11r r 12 01 �Al h / 11 Off' A . 10, 99�2 10 rB9 r 4 3 01 \ 9 8 0 B ,i 0 r c 9 k —ry, 1-oos P� SEA ST 5656 1-033 ". 6 PW 5 �� 01 A'y y 1, 1032 18 .ui / • ~F.~ r/ 4 05 r ; \ Q. 1 ; 4., —� .� > 04 ,} 01 'I h'IH. HI H. h'11fi V �0 <C OO 3 r 01Yfi Q 05 1 2 r 03 1 O/--B - F 07 �1 `10 13 9 Q I 03 / 9T 04 8 /�� M1'w 12 `Ol/. 9 15 01 0 t6' tic / .. ! / �' 1 011rjc� ,off 910 pY� f I 8 Lo 'so D NDS SE VIEW 01 7 . 43 02 / �, 1 / 42 06 0 6 r h A,'A., 16 + 1 1 2 5 �� a,M1~ Ii,xi '---\ \ I T r. ckelch Ic tol Iho um Voca o� chpw(p 11 4 00 / 5 l ' "'�. `01 \ t applcx ate ponalal locatI of the j 15 \ amlcec hout octual 6urvay L �4 %p4 3 T 19 �" oo // !� Icag it n accumnc no Ilahll1 v In Y X68 \` p na F1 '-, 3 � ry 213 1 `101 2 i 1 02 }187TH-ST-SW-TOLYMP di 2 s.yr 2 03 01 ; •J ', F } \\\ \\\ rIIVh'JM4N VA YA VAS =03 1 10 i K oK2/3 \ 4 H.H,HI y66 67' MY 2 \ Its !1 Z 04 �Y.4,hY H1Yl! '111 n.M1�111 H. 02 :S n 04 B 05 06 0 3'78 00 >' O1 SP S-2oQ7-163 4- v4-001 ,. r t, - 7 10 f "'"•'"r 'Yny Y ,,. SP AFN 81 010204 08 0 1 9 2 ti ,r Oh r r 01 73 02 02 s O1 02 B5 T SP 4-©os vl „.H sr M 6.<s.. .* SHAROI Ht4V V.{,Vp1 hY h'•M1'l h'!n' I hVhV hYM1'J '4 B Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Comme • Station Id :EEYG 477943 A EfER RECORDING MAIL TO: Craig T. Rdmn 1 U07 Olympic View Drive Edmonds, WA 96030 IYID W W Iftl� W W 114��lW �00 200412030425 2 PGS Piled for Record at pettiest of 12-03-2004 01:24pm $20. 00 Golf Escrow Corp. SNOHOMISH COUNTY. WASHINGTON Escrow Number 10041333 QUIT CLAIM DEED Giamen(al: Craig T. Rdmeq a nurned an as hot separate estate Grameds): Craig T. Reimer and Angle Rdmsr, husband and wife Abbrevured Legal: Pomace of f.wa) y. 16 and 16. Block `C'. E.DMONDS SEA VIEW TRACrS. Valumc d oM.U. page 76 As ........ Tat Parcel Number(.) 00g46-003-0O7-01 THE GRANTOR Craig T. Reimer, a married map as his separate estate for and in comtdention of No Consideration -To Establish Carnrmodty Property conveys and qmI clatrm to Craig T. Reimer dad Angie Release limbaad end .de the foil. -mg dcunhed real estate, nmatcd m the Coomy or Snoboaash State of Washington, tog,mr, wnh all At, actooed b1R of the gnntot(s) thertm See tsgal Deurtramn narked as Esh,bn'A' auched herein and made a part hereof 6) Dated: November 34, 3004 G ] jAU �^�,%\t �,( (/_-2 �y OLD NEP�UJBYI'CVTITLE LT r�p,�l•lUl( Cr g T Rmmcr Staeof Washington j Caunry of Stahormsh I SS I ccmfy tha11 know ar lava sausfamry vvdrncc that Cmg T Remo Wine the Wrm.(,)who appeared befnrtmr. and said person(s)eckoowl,dg,d that hchhenliq sgned ,lass msnumem and ¢knpwledge n to be hla/herftheir fire, and voluntary act for th, uses and pu"res mentioned m Ihu mumment Dated —11 4a SheNan Ochoa -s�Pr NON L 00, it, NotaryPablo m and for the Seam of W ashmglon or - 610 is Rending s1 Mountlake Temce 9:.•:s N'•. , o draw _°�''•,O ff My appomlmem expues 6R9R006 vn.0 200412030426.001 e a Si e� a 31 SNOHOMISH,WA Page I of Printed on 625/2008 7:58:43 AM Document: DED QCL 2004.12030425 Branch :GOS,UsenSAN2 • Order: 5610580 Title Officer: JC Corrme.• Station Id :FFYG EXHIBIT "A" All that portion of Lot(s) 15 and of the Southwesterly 60 feel of Lot(s) 7 and i6, Block "C", EDMONDS SEA VIEW TRACTS, according to the plot thereof recorded in Volume 3 of Plats, page(s) 76, records of Snohomish County, Washington, lying Easterly of the paved highway. TOGETHER WITH vacated Olympic Avenue abutting upon and adjacent to the South 60 feet of said Tract 16 and to all of said Tract 16, ALSO, an easement for road over and across the Southerly 20 feet of that portion of vacated Olympic Avenue lying between the Southerly line of Tract 15, produced Soulhessledy to the Southeasterly line of Olympic Avenue and the Southerly line of Tract 12 produced Southeasterly to the Southeasterly line of Olympic Avenue, ALSO, an easement for road over and across the Southwesterly 25 feet of Tract 12, lying Easterly of paved highway and vacated Olympic Avenue abutting upon and adjacent to the Southwesterly 25 feet of said Tract 12 SITUATE in the County otmg, Stale of Washington Snohom'is h ABBREVIATED LEGAL Portion of Lot(s) 7,15 and 16, Block "C", EDMONDS SEA VIEW TRACTS, Volume 3 of Plats, page(s) 76 Tax Account No 004346-003-007-01 0730464 END OF EXHIBIT "A" Page 2 200412030425.002 SNOHOMISH, WA Page 2 of 2 Printed on 6/25/2008 7:58:44 AM Document: DED QCL 2004.12030425 tdranch:UOSXser.SANG • Order: 5610580 title Officer: JC Commr • AFTER RECORDING MAIL TO: ��I��IIIII� 980Bomish County EAGLEWOOD HOMES. INC. a47 DALEY STREET REAL ESTAT Edmonds, WA 86020 SALE PNo. RECEIPTT NO. AUG 18 1998 BO66A I, sA to re r eM a44yyN ey p ""`��4o aputy 00 CHICAGO STATUTORY WARRANTY DEED 10 00 Escrow No. 981066 Q Tide Order No. 664500 pp iii A 7S� THEG GRANTOR PHILIP N. HANNAH, PERSONAL REPRESENTATIVE FOR THE ESTATE OF 4= MARGARET HINDLEY HANNAH, DECEASED for and in Consideration of Ten Dollars and other good and valuable consideration m hard paid. Wnveys and wanams to E ,GLEW000 HOMES, INC., a Washington Corporation as to Lot 14 and CRAIG T. REIYER, A SINGLE MAN AS TO PORTION UPS 7,15 S 16 the folknvirg described real estate, situated in the County of Snohomish, State of Washington' additional fegal(s) on page 2 a 3 PORTION OF LOTS 7, 14, 15 & 16, BLOCK C, EDMONDS SEAVIEW TRACTS, 3r76 Assessor's Property Tax Pareal/Account Number(s): 4345-003.007.0101 A 0140201 Sub)ect to easements, restrictions, reservations, covenants and conditions of record, if any. Dated: August 4, 1998 PHILIP H. HANNAH, PERSONAL REPRESENTATIVE FOR THE ESTATE OF MARGARET HINDLEY HA NN DECEASED By:�� PHILIP H. ANNAH, PERSONAL REPRESENTATIVE Slate of California )SS. County Of � N 1 I certify that I know or have satisfactory evidence that PHILIP H HANNAH is/ale the perem(s) who appeared before me, and said personts) acknowledged that HE signed this instrument, on oath stated that HE WAS authorized to exeMa the instrument and acknowledged d as the PERSONAL REPRESENTATIVE of THE ESTATE OF and MARGARET HINDLEY HANNAH DECEASED to be the free and voluntary act of such parry for the uses and Purposes mentioned in the instrumem. Dated: St _ (n-9g JAMCE N. NEARY wis, aer se"IN", usras.. iscrnus M :.m rum.s.0, w rewu. ea ann mr Notary Public in and for the Slate I California Residing at My.,W...meru expires L�-o-o cPe to Station Id :EEYC SNOHOMISH,WA Page I of 3 Printed on 625/2008 7:58:40 AM Document: DED WAR 1998.08180435 urancn :wa, user :otuvt • Uroer: )o IU)NU I Ale Ul Ncer: JC Comme• Station Id :EEYG t..t f s�ti(i1st�It`7,^fit:' . ALL THAT'PORTION OF LOT 15 AND OF SOUTHWESTERLY 60 FEET OF LDTS 7 AND 16. BLOCK C., EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME I OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF THE PAVED HIGHWAY) TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTH 60 FEET OF SAID TRACT 16 AND TO ALL OF SAID TRACT 16, ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOU'LIIEASTERLY TO THE SOUTHEASTEnLY LIME OF OLYMPIC AVENUE AND THg SOUTHERLY LINE OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LII{E OF OLYMPIC AVENUEI ALSO, AN EASEMENT FOR ROAD OVER AMD ACROSS THE SOUTHWESTERLY 25 FEET OF TRACT 12, LYINC EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12. SITUATE IN THE COUNTY OF SNONOMISul STATE OF WASHINGTON SNOHOMISH,WA Page 2 of 3 Printed on 6/25/2008 7:58:41 AM Document: DED WAR 1998.08180435 Branch :GOS,User :SAN2 • Order:5610580 Title Officer:JC Comme.• Station Id :EF:YG CIIICACO TITL P INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE A (Cootlnued) Ordcr NO.: 664730 Your No,: SAOLEWOOD HOMES LEOAL DPSCRHMON EIOIMrr (Paragrap6 0 of Schcdule A c tiuUatloo) ALL THAT PORTION OP LOT 14, BLOCK 'C', EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOP, RECORDED IN VOLUME I OF PLATS, PACE 76, RECORDS OF SNOHOMISH COUNTY, NASItINCTON, LYING EASTERLY OF THS PAVED HIGHWAY/ TOGETHER WITH TIIE NORTHWESTERLY 40 FEET OF VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO SAID LOT 14, ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS TITS SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BSTHEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVSMIE AND THE SOUTHERLY LINE. OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVEHUEI ALSO, AN EASEMENT FOR ROAD OVER AND ACROSO THE SOUTHWESTERLY 25 FRET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVCN= ABUTTING UPON AND ADJACENT TO THE SOUTIMICSTERLY 25 FEET OF RATD TRACT 12. STTUATE IN TIIE COUNTY OF SNOHOMISII, STATE OF WASHINOTON. CHICnOOTrtLE INSURANCE COMPANY 9808180435 SNOHOMISH, WA Page 3 of 3 Printed on 6/25/2008 7:58:42 AM Document: DE13 WAIL 1998.08180435 Sat lit in vol 3'74 M 237 !e #1055623 corp seal xcn same as in 1099841 on 5/13/,4 Fld by & ret to fp Mt Vernon, Wn k'k - - - - - - - 1099843-44 ng lo99845 EASEMENT $i .00 v111 6/3/54 5J 5 4 May Dunn '.,lard, to James H. 'Reid _I Jacqueline B. Reid, hwf For the consid of $1.00 the gntr hrby grits unto the gntees, their heirs & assgns an easmt for installation, operation & maintenance of a water pipe line over, across & and a ptn of vacated Olympic Avenue, & a ptn of the Sally 60 ft of Tracts '7 & 16 blk C all i,e Pit, of Edmonds Seaview Tracts, as reedd in vol 3 Pg 76 of pA; recds of SCW. Said easmt being a continuous strip,of land from thex mo$t Ely margin of vacated Olympic Avenue to the county rd & 6 ft in width, 3 ft on either side of the folg dscbd centerline: Baap cc most Ely margin of vacated Olympic Avenue sd pt being 3 ft Sally as msrd alg sd Ely margin from the nxn of the Nly bndry of the aforesd Swly 60 ft of Tract 16 pro- duced, w the afor•esd margin of Olympic Avenue; th NWly, plw & 3 ft SWly from the aforementioned Nly bndry, a distance of 145.00 ft; th Nally 75 ft m/1 to a pt oe Ely mar;j.n of the cc) rd, as now established, sd pt being 20 ft :n/l from the Nly bndry of aforesd SWly 60 ft of Tract 7, sd distance being msrd at right angles to sd Nly boundary. No 31.s tx regc. 6/3/54 Verne Sievers, 3CT by Joe Stone, dep May Dunn Ward Ack ok by May Dunn Ward bef LeRoy F. Middleton, Edmonds XCPT no a-k date "ketch attached showing easement for water pipe line May Dunn Hard to James H. Reid, across lots 7 & 16 & vacated Olympic Avenue, blk "C" Edmonds Sea View Tracts, SCW Fld by LeRoy Middleton & ret to sp 109 Beeson Bldg Edmonds,'Wn ick 1099846 SAT OF CH MTG Fld Only 7 a 6/3/54 $1500.00 G/2o/54 Consolidated Dairy Products Company, a Washington corp to Russel J. Bilstad Sat ch mtg wid file m1075005 Etc-- Fld by sp kk - - - - - - - Branch :UOS,Uscr :SAN2 0 Order. 5610MU I nle Uthcer: 3C Comme• . Station ld :Lt Yl, M d' IIuNuNNNII Q: When Recorded Return To: M WURDEMAN & TESCH, P.0 320 Dayton, Suite 101 Edmonds, WA 98020 9994010642 04/01/99 14:38 p.0008 Recorded Snohomish County Document Title: Covenant and Agreement Restricting Height of Trees and Vegetation Reference No.'. N/A Grantor(s): Reimer Craig & Eaglewood llomes (Additional names on P. — ) Gramee(s): McCallum, Robert & Debbie (Additional names on p. -- 1 Legal Drscription: Portion of lots 7 14 IS 16 Block C Edmonds Sea View Trays 3/7_ (Additional legal on Exhibits A, B & C ) Accessor's Parcel M: 4346-003-007-0101 & 014-0201 COVENANT AND AGREEMENT RESTRICTING HEIGHT OF TREES AND VEGETATION WHEREAS, Craig 'f. Reimer, a single man, is the owner of the real property described in Exhibit A attached hereto (Reimer Parcel), and WHERFAS, Faglcwood Homes, Inc., a Washington Corporation, is the owner of the real property described in Exhibit B attached hereto (Eaglcwood parcel), and WHEREAS, Robert K. McCallum and Deborah W. McCallum, husband and wife, are the owners of the real property described in Exhibit C attached hereto (McCallum parcel), and WHEREAS, the parties wish to preserve and protect the view enjoyed from the McCallum parcel by providing reasonable a height limitation for all trees and other vegetation on the Reimer and Eaglewood parcels, the parties do hereby covenant and agree as follow: Covenant and Agreement Restricting j R I G I N A L Height of Tres and Vegetation - 1 SNOHOMISII,WA Page I of 8 Printed on 6/25/2008 7:59.06 AM Document: CCR 1999.04010842 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: 1C Commt • Station Id :EEYG Consideration. This agreement is made for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties to this agreement. 2. Benefttted and Burdened Parcels. For purposes of this agreement, both the Reimer parcel and the Eaglewood parcel shall be considered burdened parcels, and the McCallum parcel shall be considered the benefitted parcel. 3. Height Restriction for Trees and Vegetation on the Burdened Parcels. No tree or other form of vegetation shall be permitted to grow to a height in excess of twenty five (25) feet on either burdened parcel. Any such tree or other vegetation on either burdened parcel shall be removed, cut or pruned, at the expense of the owners of the benefitted parcel, in order to comply with the terms of this covenant and agreement. For purposes of this agreement, the height of any tree or other vegetation shall be measured from the point at which it emerges from the ground, to its uppermost point. Any existing trees or other vegetation on either burdened parcel shall be .nitially removed or otherwise trimmed or pruned to conform to the height restrictions contained 'terein at the expense of Robert and Deborah McCallum, the owners of the benefitted parcel. 4. Right to Enter and Cut or Remove 'frees and Vegetation. In the event that any tree or other form of vegetation is permitted to grow in violation of the height restriction set forth above, and its owner fails to correct the violation within 30 days of being notified of such violation, then, in that event, the owner of the benefitted parcel shall be permitted access to the burdened parcel for the purpose of having the offending tree or vegetation trimmed or cut, at the expense of the owners of the benefitted parcel, in such a manner that it complies with the requirement of this covenant. 5. No Restriction on Height of Trees and Vegetation on Benefitted Parcel. Nothing contained herein shall serve to restrict the height of any tree or other form of vegetation on the benefitted parcel. 6. Specifre Performance. The parties agree that the remady of specific performance shall be available to enforce the provisions of this agreement, notwithstanding the fact that other remedies may exist at law or by virtue of this agreement. Nothing contained herein shall serve to limit the remedies available to any party to this agreement. Covenant and Agreement Restricting Height of Trees and Vegetation • 2 9904010842 SNOI IOMISH,WA Page 2 of 8 Printed on 6/25/2008 7:59:07 AM Document: CCR 1999.04010842 Branch :OOS,User :SAN2 • Order: 5610580 Title Officer: JC Commen• Station I u :1:1: Y l, 7. Attorney Fees and Costs. In the event it becomes necessary for any party to this agreement to bring suit to enforce an aspect of this agreement, die prevailing party shut] be entitled to recover all reasonable attorney fees and costs incurred therein. 8. Covenant to Run With the Land. The restrictions and rights contained herein shall lie covenants running with the land, and shall be binding upon the parties hereto, their heirs, executors and assigns forever. ' dr C IG T. REIM .R ROBERT K. McCALLUM STATE OF WASHINGTON) )ss. COUNTY OF SNOHOMISH) EAGLEWOOD HOMES, INC. B _id, CRAI REI ER, President it ' XL ct j DEBORAH W. MCCALLUM On this day personally appeared before me Craig T. Reimer to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 30" day of _ yyza'&Cj� , 1999; NOTARY PUBLIC in and for the %ats:41— , Washington, residing at fnim�(o'•� = My commission expires: 9 a.I-OA •- •`t: ' " STATE OF WASHINGTON) )ss. COUNTY OF SNOHOMISH) On this day personally appeared before me Craig T. Reimer, known to me to be the President of the corporation that executed the foregoing instrument, and acknowledged this instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes Covenant and Agreement Restricting Height of Trees and Vegetation - 3 9904oiOB42 SNOHOMISH, WA Page 3 of 8 Printed on 6/25/2008 7:59:08 AM Document: CCR 1999.04010842 Branch :GOS,UsenSAN2 • Order: 5610580 Title Officer: 1C Comme. • Station Id :EEYG therein mentioned, and on oath stated that he is authorized to execute this instrument on behalf of the corporation. t� GIVEN under my hand and official seal this 30 day of_ UI je, /_: ; 1999..`. NOTARY PUBLIC in and forthe-St�'tr.of Washington, residing at Cam; My commission expires: 9 *0"g, STATE OF WASHINGTON) )ss. COUNTY OF SNOHOMISH) On this day personally appeared before me Robert K. McCallum, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this STATE OF WASHINGTON) )ss. COUNTY OF SNOHOMISH) day of 1999. NOTARY PUBLIC in ands the Si e of ' Washington, residing at My commission expires: On this day personally appeared before me Deborah W. McCallum to me known to he the individual described in and who executed the within and foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. ••"'�t:wc�".�'<., GIVEN under my hand and official seal this day of `�Y•=tQ99.e NOTARY PUBLIC in and kA[•)Ita 3iC o Washington, residing at. My commission expires: Covenant and Agreement Restricting Height of Trees and Vegetation - 4 990401AS49 SNOHOMISH,WA Page 4 of 8 Printed on 6/25/2008 7:59:08 AM Document: CCR 1999.04010842 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer JC Comme• Station Id :EEYG EXTBBIT A REIMER PARCEL ALL THAT PORTION OF LOT 15 AND OF SOUTHWESTERLY 60 FEET OF LOTS 7 AND 16. BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORD- ING TO THE PLA'1 "THEREOF, RECORDED IN VOLUME I OF PLATS, PAGE 75, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF THE PAVED HIGHWAY, TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO T14E SOUTH 60 FEET OF SAID TRACT 16 AND TO ALL OF SAID TRACT 15; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTHEASTERLY TO THE. SOUTHEASTERLY LINE OF OLYMPIC AVENUE. AND THE SOUTHERLY LINE, OF TRACT 12 PRO- DUCED SOUTHEASTERLY TO TILE SOUTITRASTERLY LINE OF OLYMPIC AVENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTH- WES"IERLY 25 FEET OF 'TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. OTHERWISE, KNOWN AS 18607 OLYMPIC VIEW DRIVE, EDMONDS, WASHINGTON, 98020 EXHIBIT A - I 990 4 O P-M AS SNOHOMISH,WA Page 5 of 8 Printed on 6/25/2008 7:59:09 AM Document: CCR 1999.04010842 Branch :GOS,User: SAN2 • Order: 5610580 Title Officer: JC Commet• Station Id :EEYG EXHIBIT B EAGLEWOOD PARCEL ALL THAT PORTION OF LOT 14, BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORDING TO TI IE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHING - TON, LYING EASTERLY OF THE PAVED HIGHWAY; TOGETHER WITH THE NORTHWESTERLY 40 FELT OF VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO SAID LOT 14; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTFI- EAS'I'F.RI.Y'TO'I'HE SOU'I'HEAS'1'ERLY LINE OFOLYMPIC AVENUE AND THE. SOUTHERLY I.TNF. OF TRACT 12 PRODUCED SOUTHEASTERLY TO TI IF SOUTHEASTERLY LINE OF OLYMPIC AVENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTH- WESTFRLY 25 FEET OF TRACE' 12, LYING EASTERLY 01: PAVED HIGHWAY AND VACATED OLYMPIC AVENUE. ABUTTING UPON AND ADJACENT TO THE SOUTITWESTERLY 25 FEET OF SAID TRACT 12. SITUATE IN THE COUNTY OF SNOIIOMISH, STATE OF WASHINGTON. OTHERWISE KNOWN AS 18627 OLYMPIC VIEW DRIVE, EDMONDS, WASHINGTON, 98020. EXHIBIT B - I 9904010842 SNOHOMISH,WA Page 6 of 8 Printed on 6/252008 7:59:10 AM Document: CCR 1999.04010842 nrancn :IiUJ,U$er JANZ • Ur(ler: )61WhO I Itic Ott icer: JC Conune • Station Id :FEYG EXHIBIT C MCCALLUM PARCEL ALL THAT PORTION OF LOT 68, EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF THE AUDITOR OF THE COUNTY OF SNOHOMISH, STATE OF WASIIINGTON; TOGETHER WITH THAT PORTION OF VACATED OLYMPIC AVENUE ADJACENT THERETO, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 68; THENCE NORTH 45053'43" WEST 90 FEET, MORE OR LESS, TO THE MOST NORTHERLY CORNER OF THAT CERTAIN TRACT CONVEYED TO ROBERT W. NORTHROP AND CAROL NORTHROP, IBS WIFE, BY DEED RECORDED MARCH 28, 1974 UNDER AUDITOR'S FILE NO. 2333724; THENCE SOUTH 70051'25" WEST 67 FEET TO A POINT ON THE SOUTH- WESIERLY LINE OF SAID LOT 68, THENCE NORTH 50031'53" WEST ALONG THE SOUTHWESTERLY LINE 01: LOT 68, A DISTANCE. OF 131 FEET TO THE SOUTHWEST CORNER OF LOT 68; THENCE NORTH 39028'07" EAST ALONG THE NORTHWESTERLY LINE OF LOT 68 A DISTANCE OF 50 FEET; THENCE NORTH 50°31'53" WEST A DISTANCE. OF 30 FEET TO INTERSECT THE CENTER LINE OF VACATED OLYMPIC AVENUE; THENCE NORTH 39°28'07" EAST ALONG SAID CFNTER LINE, A DISTANCE OF 45.60 FEET; THENCE SOUTH 89015'23" EAST AND CONTINUING ALONG SAID CENTER LINE A DISTANCE OF 95.03 FEET; THENCE SOUTH 31023'36" EAST AND CONTINUING ALONG SAID CENTER LINE A DISTANCE OF 223.83 FEET TO AN INTERSECTION WI"IH THE NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY LIME OF SAID LOT 68; THENCE. SOUTH 39°28'07" WEST ALONG SAID NORTHEASTERLY EXTENSION LINE A DISTANCE OF 31.75 FEET TO THE POINT OF BEGINNING. SUBJECT TO: I. COVENANTS, CONDITIONS AND RESTRICTIONS AS PROVIDED IN DECLARATION RECORDED IJNDER AUDITO- R'S FILE. NO. 1405925. 2. AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES IN FAVOR OF HENRY A. BURD AND JENNIE H. BURD, HUSBAND AND WIFE, THEIR HEIRS AND ASSIGNS, RECORDED F'EBRUARY 6, 1965 UNDER RECORDING NO. EXHIBIT C - I 990401*942 SN0HOMISII,WA Page 7 of 8 Printed on 6/25/2008 7:59:11 AM Document: CCR 1999.04010842 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Commt • Station Id :EEYG 1757429, AFFECTING THE SOUTHEASTERLY 20 FEET OF HEREIN DESCRIBED PROPERTY. MAINTENANCE OF SAID EASEMENT SHALL BE THE RESPONSIBILITY OF AND THE COSTS BORNE EQUALLY BY THE PARTIES HERETO. 3. EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE IN FAVOR OF PUBLIC UTILITY DISTRICT NO. I OF SNOHOMISH COUNTY AND WEST COAST TELEPHONE COMPANY - RECORDING NO. 1819918. 4. EASEMENT FOR ROADWAY AND UTILITIES IN FAVOR OF ROBERT W. NORTHROP AND CAROL NORTHROP, HIS WIFE, RECORDED MARCH 28, 1974 UNDER RECORDING NO. 2333724. 5. EASEMENT IN FAVOR OF THE CITY OF EDMONDS, A MUNICIPAL CORPORATION, RECORDED JUNE 12, 1967 UNDER RECORDING NO. 1964422, FOR SANITARY SEWER. 6. AGREEMENT FOR JOINT OWNERSHIP OF SANITARY SEWER RECORDED JANUARY 12, 1968 UNDER AUDITOR'S FILE NO. 2007740. 7. EASEMENT FOR UNDERGROUND ELECTRIC TRANSMIS- SION AND/OR DISTRIBUTION LINES IN FAVOR. OF PUBLIC UTILITY DISTRICT NO. I OF SNOHOMISH COUNTY, UNDER RECORDING NO. 2179291. 8 EASEMENT FOR UNDERGROUND ELECTRIC TRANSMIS- SION AND/OR DISTRIBUTION LINES IN FAVOR OF PUBLIC UTILITY DISTRICT NO. I OF SNOHOMISH COUNTY AND GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC., UNDER RECORDING NO. 236790. 01-FIERWISE KNOWN AS 18620 94TH AVENUE WEST, EDMONDS, WASHINGTON, 98020. EXHIBIT C - 2 99040 1; SNOHOMISH,WA Page 8 of 8 Printed on 6/25/2008 7:59:12 AM Document: CCR 1999.04010842 Branch :GOS,User SAN2 • Order: 5610580 Title Officer: 1C Comme • Station Id :EEYG 11UM 111111111111MIE 11111 199909300462 09/30/1999 02:01 PM Snohomish P.0004 RECORDED County AFTER RECORDING MAIL TO: NO F)f.CiSE TAX REQUIRED Name Steven Olav Alfsvaag Address 18627 OLYMPIC VIEW DRIVE SEP 3 01999 Cdy/State EDMONDS, WA. 98020 308 D01I111, snoh011141ICounty 1DiWltr By BOB DANTINI ljuqqC ICACO GRANTOR: GRANTEE: LEGAL DESCRIPTION: EASEMENT CRAIG T REIMER STEVEN OLAV ALFSVAAG ABBREVIATED BURDENED PARCEL: Pin Lot 7, 15 and 16. Block "C", Edmonds Seaview Tracts, Vol 3 of plats, p 76, records of Snohomish County, Washington FULL: See Exhibit A ABBREVIATED B£NEFITTED PARCEL- Ptn Lot 14, Block "C', Edmonds Seawew Tracts, Vol 3 of plats, p 76. records of Snohomish County, Washington FULL See Exhibit B TAX PARCEL NOS.: (Burdened) 4346-003-007-0101 (Senefitted) - - 0 In consideration of Ten Dollars ($10 00) in hand paid and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor, Craig T Reimer, hereby conveys and warrants to the Grantee, Steven Olav Alfsvaag, his successors and assigns, a perpetual, exclusive easement under, over, through and across the southerly 3 (three) feet of Grantor's property described in Exhibit A attached hereto and by this reference incorporated herein ("Grantor's Property'), for the general purposes of Grantee's property located immediately to the south of the burdened property of Grantor identified in Exhibit A, which property of Grantee is identified on Exhibit 6 attached hereto and incorporated by this reference ("Grantee's Property'), including pedestrian and vehicular access, ingress and egress, and parking, including parking of a boat on a trailer, such purposes to include the right to grade and regrade the easement area as the Grantee may 1 k03475\m09013101401 SNOIIOMISl I, W A Page I of 4 Printed on 6,252008 7:59:12 AM Document EAS 1999.09300462 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: 1C Commi • Station Id :EEYG determine appropriate The cost of inspection, maintenance, Improvement, repair, construction, reconstruction, location and relocation of any Improvements on the easement area shall be borne by Grantee The benefits and burdens of the easement shall run with the land and benefit Grantee's Property and burden Grantor's Property In witness whereof, this easement is executed as of this Qp.2- day of September, 1999 ��.�; CRAIG T. REIMER STATE OF WASHINGTON ) ) ss COUNTY OF � 11t1�i�76H[SGj On this day personally appeared before me CRAIG T REIMER to me known to be the individual(s) described in and who executed the within and foregoing Instrument, and acknowledged that he signed the same as his free and voluntary act for the uses and purposes therein mentioned �n GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of September, 1999 (SigRature) OFFICIAL SEAL `` I PAMELAJ GRUBS 1 owiAU (Please print name legibly) tl -al hNr. _ STe of LYav'U+01ai a _o r,;. tr 35C2 NOTARY PUBLIC in and fo the Slate of Washington, residing at My commission expires + 4034751m0807h01401 199909300462 SNOHOMISH,WA Page 2 of 4 Printed on 6/25/2008 7:59:13 AM Document: EAS 1999.09300462 Branch :GOS,User :SAN2 • Order: 5610580 Tille Officer: JC Comme• Station Id :EEYG EXHIBIT A All that portion of Lot 15 and of the southwesterly 60 feet of Lots 7 and 16. Block "C", Edmonds Seaview Tracts according to the plat thereof, recorded in vol 3 of plats, p 76, records of Snohomish County, Washington, lying easterly of the paved highway, together with vacated Olympic Ave abutting upon and adjacent to the south 60 feet of said tract 16 and to all of said tract 15 1 "3475M0807A0140 i a 999093()0462 SNOHOMISH, WA Page 3 of 4 Printed on 6/2512008 7:59:14 AM Document: EAS 1999.09300462 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Commr • Station Id :F,EYG EXHIBIT 8 All that portion of Lot 14, Block "C', Edmonds Seawew Tracts, according to the plat thereof, recorded in vol 3 of plats, p 76. records of Snohomish County, Washington, lying easterly of the paved highway, together with the northwesterly 40 feet of vacated Olympic Avenue abutting upon and adjacent to said Lot 14 J k(13471W8073kU1101 1.99909300462 SNOHOMISH,WA Page 4 of 4 Printed on 6/252008 7:59:15 AM Document: EAS 1999.09300462 Branch:GOS,Uscr:SAN2 • Order:5610580 TitleOfficer: JC Comme • Station Id :FHYG 111111011191111 r 091051200120009050612 04.07 PM Snohomish Cfl P.0010 RECORDED County cJ u: O rn When Recorded Return To O WURDEMAN & TESCH, P.C. O 320 DAYTON, SUITE 101 CQ EDMONDS, WA 98020 Documcni Title Covenant and Agreement Restnum¢ Height of Tees end Vegetation Reference No N/A Grantors _ RobertR Doty & Karen H Remick Grantees Reimer. Alfsvaag & McCallum Legal Description Edmonds Sea View Tracts Block 3 Lot 4 aka Block C less the at 10 feet of lot 4 and Edmonds Sw View Tracts Block 3 D 01 pin 191 13 N w of paved road less sly 10 feet of the rim lot 13 tv nwly Olympic View J)rivC 4ka blk (Additional legal on Exhibits A. B. C & D3 Assessor's Parcel N 4346 003 004 0005 and 4346 003 013 0103 COVENANT AND AGREEMENT RESTRICTING HEIGHT OF TREES AND VEGETATION WHEREAS, Craig T. Reimer, a single man, is the owner of the real property described in Exhibit A attached hereto (Reimer Parcel), and WHEREAS, Steven Olav Alfsvaag, a single person, is the owner of the real property described in Exhibit B attached hereto (Alfsvaag parcel), and WHEREAS, Robert K. McCallum and Deborah W McCallum, husband and wife, arc the owners of the real property described in Exhibil C attached hereto (McCallum parcel), and WHEREAS, Robert R Doty, a single person, and Karen H Remick, a single person, are the owners of the real property described in Exhibit D attached hereto (Doty/Remick parcel), and Covenant and Agreement Restricting Height of Trees and Vegetation - I ORIGINAL SNOHOMISH, WA Page I of 10 Printed on 6/252008 7:59:16 AM Document CCR 2000.09050612 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: 1C Comm( • Station Id :EEYG WHEREAS, the parties wish to preserve and protect the view enjoyed from the Reimer, Alfsvaag, and McCallum parcels by providing a reasonable height limitation for all trees and other vegetation on the Doty/Remick parcel, the parties do hereby covenant and agree as follow 1 Consideration This agreement is made for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties to this agreement 2. Benefitted and Burdened Parcels For purposes of this agreement, the Doty/Remick parcel shall be considered the burdened parcel, and the Reimer, Alfsvaag and McCallum parcels shall be considered the benefitted parcels 3 Height Restriction for Trees and Vegetation on the Burdened Parcel No tree or other form of vegetation shall be permitted to grow to a height in excess of twenty five (25) feet on the burdened parcel (Any existing trees or other vegetation on the burdened parcel shall be initially removed or otherwise trimmed or pruned to conform to the height restrictions contained herein by Englewood Homes, Inc.) For purposes of this agreement, the height of any tree or other vegetation shall be measured from the point at which it emerges from the ground, to its uppermost point 4 Right to Enter and Cut or Remove Trees and Vegetation. In the event that any tree or other form of vegetation is permitted to grow in violation of the height restriction set forth above, and its owner fails to correct the violation within 30 days of being notified of such viola- tion, then, in that event, the owner of the benefitted parcels shall be permitted access to the bur- dened parcels for the purpose of having the offending tree or vegetation trimmed or cut, at the expense of the owners of the benefitted parcels, in such a manner that it complies with the requirement of this covenant 5 Specific Performance The parties agree that the remedy of specific performance shall be available to enforce the provisions of this agreement, notwithstanding the fact that other remedies may exist at law or by virtue of this agreement Nothing contained herein shall serve to limit the remedies available to any party to this agreement. 6 Attorney Fees and Costs. In the event it becomes necessary for any party to this agreement to bring suit to enforce an aspect of this agreement, the prevailing party shall be entitled to recover all reasonable attorney fees and costs incurred therein Covenant and Agreement Restricting Height of Trees and Vegetation - 2 200009050612 SNOHOMISH,WA Page 2 of 10 Printed on 6/25/2008 7:59:17 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Com-c..0 Station ld :EEYG Covenant to Run With the Land. The restrictions and rights contained hcrein shall be covenants mining with the land, and shall be binding upon the parties hereto, their heirs, executors and assigns forever C. G T REIMER EVEN OLAV ALF VAr K McCALLUM DEBORAH W McC LUM R DO 'Y 1k KAREN H REMIC STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) On this day personally appeared before me Craig T Reimer to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free andvoluntaryact and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this of J LLL l , 2000 11��Itble T7OTARY P LIC in and for the State of MIL Washington, residing at M—Li it t reb QA My commission expires mn(7r it 9 aot�l STATE OF W ASHINGTON) )ss COUNTY OF SNOHOMISH) On this day personally appeared before me Steven Olav Alfsvaag to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioncd Covenant and Agreement Restricting Height of frees and Vegetation - 3 200009050612 SNOHOMISH, WA Page 3 of 10 Printed on 6/25/2008 7:59:17 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Comma• Station Id :EEYG and official seal dus dt, # day of 2000 N 'A Y P LIC in and or the State of ashmgton, residing at _ My commission expires: %--(,f .2T STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) On this day personally appeared before me Robert K McCallum to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned --� GIVEN under my hand and official seal this �� -day of Ay2000. NOTARY PUBLIC in and for the State of -c ^ Washington, residing at ate ' � = My commission expires 939 19 STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) On this day personally appeared before me Deborah W. McCallum to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned G der m hand and official seal this n �hFttn y a2.`�- day of 2000 e e r NOTARY PUBLIC in and for the State of t; Washington, residing at ZG(&L2r� My commission expires 9 �9 arJ �a Covenant and Agreement Restricting Height of Trees and Vegetation - 4 200009050612 SNOHOMISH, WA Page 4 of 10 Printed on 6/252008 7:59:18 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: 1C Comma • Station Id :EEYG STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) On this day personally appeared before me Robert R Doty to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of C C 2000 a d. AMp (( qN N= AT R YUBLIC in and for the State of . Washington, residing at WbWm ISYI My commission expire!00, WAS STATE C)f" OV 4SHINGTON) )ss. COUNTY OF SNOHOMISH) On this day personally appeared before me Karen H Remick to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this __O_ day of2000. f f�,r ! is N TUBLIC to and for the State of Washington, residing at S001901)21 w� t � � �0p►1G � � My commission expires: A 2q • D __ r Covenant and Agreement Restricting Height of Trees and Vegetation - 5 200009050612 SNOHOMISH,WA Page 5 of 10 Printed on 6/25/2008 7:59:19 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Comme 0 Station Id :F.EYG EXHIBIT A REIMER PARCEL ALL THAT PORTION OF LOT 15 AND OF SOUTHWESTERLY 60 FEET OF LOTS 7 AND 16. BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORD- ING TO THE PLAT THEREOF, RECORDED IN VOLUME I OF PLATS, PAGE 75, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF THE PAVED HIGHWAY, TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTH 60 FEET OF SAID TRACT 16 AND TO ALL OF SAID TRACT 15, ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRO- DUCED SOUTHEASTERLY TOTHE SOUTHEASTERLY LINE OF OLYMPIC AVENUE, ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTH- WESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON OTHERWISE KNOWN AS 18607 OLYMPIC VIEW DRIVE, EDMONDS, WASHINGTON, 98020 EXHIBIT A 20000 9050612 SNOHOMISH,WA Page 6 of 10 Printed on 6/25/2008 7:59:20 AM Document: CCR 2000.09050612 Branch :GOS,User:SAN2 • Order: 5610580 Title Officer: 1C Comme* Station Id :FEYG EXHIBIT B AISVAAG PARCEL ALI. THAT PORTION OF LOT 14, BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHING - TON, LYING EASTERLY OF THE PAVED HIGHWAY, TOGETHER WITH THE NORTHWESTERLY 40 FEET OF VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO SAID LOT 14, ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTH- EASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE, ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTH- WESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON OTHERWISE KNOWN AS 18627 OLYMPIC VIEW DRIVE, EDMONDS, WASHINGTON, 98020 EXHIBIT B 200009050612 SNOHOMISH, WA Page 7 of 10 Printed on 6/25/2008 7:59:21 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Comm, 0 Station Id :EEYG EXHIBIT C MCCALLUM PARCEL ALL THAT PORTION OF LOT 68, EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF THE AUDITOR OF THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON, TOGETHER WITH THAT PORTION OF VACATED OLYMPIC AVENUE ADJACENT THERETO, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 68; THENCE NORTH 45053'43" WEST 90 FEET, MORE OR LESS, TO THE MOST NORTHERLY CORNER OF THAT CERTAIN TRACT CONVEYED TO ROBERT W NORTHROP AND CAROL NORTHROP, HIS WIFE, BY DEED RECORDED MARCH 29, 1974 UNDER AUDITOR'S FILE NO 2333724, THENCE, SOUTH 70051'25" WEST 67 FEET TO A POINT ON THE SOUTH- WESTERLY LINE OF SAID LOT 68, THENCE NORTH 5091'53" WEST ALONG THE SOUTHWESTERLY LINE OF LOT 68, A DISTANCE OF 131 FEET TO THE SOUTHWEST CORNER OF LOT 68, THENCE NORTH 39°28'07" EAST ALONG THE NORTHWESTERLY LINE OF LOT 68 A DISTANCE OF 50 FEET; THENCE NORTH 50°31'53" WEST A DISTANCE OF 30 FEET TO INTERSECT THE CENTER LINE OF VACATED OLYMPIC AVENUE; THENCE NORTH 39°28'07" EAST ALONG SAID CENTER LINE A DISTANCE OF 45.60 FEET, THENCE SOUTH 89015'23" EAST AND CONTINUING ALONG SAID CENTER LINE A DISTANCE OF 95 03 FEET, THENCE SOUTH 31023'36" EAST AND CONTINUING ALONG SAID CENTER LINE A DISTANCE OF 223.83 FEET TO AN INTERSECTION WIT14 THE NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF SAID LOT 68; THENCE SOUTH 39028'07" WEST ALONG SAID NORTHEASTERLY EXTENSION LINE A DISTANCE OF 31 75 FEET TO THE POINT OF BEGINNING SUBJECT TO COVENANTS, CONDITIONS AND RESTRICTIONS AS PROVIDED IN DECLARATION RECORDED UNDER AUDITO- R'S FILE NO 1405925. AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES IN FAVOR OF HENRY A BURD AND JENNIE H BURD, HUSBAND AND WIFE, THEIR HEIRS AND ASSIGNS, RECORDED FEBRUARY 6, 1965 UNDER RECORDING NO EXHIBIT C - I 2000o 9050612 SNOHOMISH,WA Page 8 of 10 Printed on 6/25/2008 7:59:22 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 •Order: 5610580 Title Officer: JC Comme • Station Id :EEYG 1757429, AFFECTING THE SOUTHEASTERLY 20 FEET OF HEREIN DESCRIBED PROPERTY MAINTENANCE OF SAID EASEMENT SHALL BE THE RESPONSIBILITY OF AND THE COSTS BORNE EQUALLY BY THE PARTIES HERETO 3. EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE IN FAVOR OF PUBLIC UTILITY DISTRICT NO I OF SNOHOMISH COUNTY AND WEST COAST TELEPHONE, COMPANY -RECORDING NO 1819918 4 EASEMENT FOR ROADWAY AND UTILITIES IN FAVOR OF ROBERT W NORTHROP AND CAROL NORTHROP, HIS WIFE, RECORDED MARCH 28, 1974 UNDER RECORDING NO. 2333724 5 EASEMENT IN FAVOR OF THE CITY OF EDMONDS, A MUNICIPAL CORPORATION, RECORDED JUNE 12, 1967 UNDER RECORDING NO 1964422, FOR SANITARY SEWER. 6. AGREEMENT FOR JOINT OWNERSHIP OF SANITARY SEWER RECORDED JANUARY 12, 1968 UNDER AUDITOR'S FILE NO 2007740 7. EASEMENT FOR UNDERGROUND ELECTRIC TRANSMIS- SION AND/OR DISTRIBUTION LINES IN FAVOR OF PUBLIC UTILITY DISTRICT NO I OF SNOHOMISH COUNTY, UNDER RECORDING NO 2179291 8 EASEMENT FOR UNDERGROUND ELECTRIC TRANSMIS- SION AND/OR DISTRIBUTION LINES IN FAVOR OF PUBLIC UTILITY DISTRICT NO I OF SNOHOMISH COUNI'Y AND GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC., UNDER RECORDING NO. 236790 OTHERWISE KNOWN AS 18620 94TH AVENUE WEST, EDMONDS, WASHINGTON, 98020 EXHIBIT C - 2 20000 90 50612 SNOHOMISH,WA Page 9 of 10 Printed on 6/25/2008 7:59:22 AM Document: CCR 2000,09050612 Branch :GOS,Uscr SAN2 0 Order: 5610580 Title Officer: JC Commc • Station Id :EEYG EXHIBIT D DOTY/RFMICK PARCEL LOT FOUR (4) AND THAT PORTION OF LOT THIRTEEN (13), BLOCK C, EDMONDS SEA VIEW 'TRACTS, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON LYING WEST OF OLYMPIC VIEW DRIVE, EXCEPT THE SOUTHERLY 10 FEET OF THAT PORTION OF LOT THIRTEEN (13) LYING NORTHWESTERLY OF OLYMPIC VIEW DRIVE AND THE SOUTHERLY 10 FEET OF LOT FOUR (4), ALL IN SAID BLOCK C SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD THE COMBINED PARCELS COMMONLY KNOWN AS WASHINGTON EXHIBIT D REFERRED TO ABOVE ARE OTHERWISE 18610 OLYMPIC VIEW DRIVE, EDMONDS, 20000 905U 612 SNOHOMISH,WA Page 10 of 10 Printed on 625/2008 7:59:23 AM Document: CCR :A00.09050612 Branch :GOS,User :SAN2 • Order: 5610580 'Title Officer: JC Comnie • Station Id:EEYG AFTER RECORDING RETURN TO: AT nY]KM CONTROL LYnnrnW, nA •a0•e-SO10 1 3042 �I f PGS G� 12'03 '2004 01:24pm $30.00 SNOHOMISH COUNTY. WASHINGTON IS,.se Above Tbm Lose Foe RarOrdlnd D.ul DEED OF TRUST ns.rnnmo,oaa MIN is ... ].-lacaann.-] 200412030426.001 DP.FrNITIONS Ward used in multiple a ctmns of flex document an defined below and aha wards are defined to Seehom 3, 11. 13, 18, 20 end 21 Cermm rules rcgardmg the .., of wo,da used m this dacumenl arc dso pounded m Seoam 16 (A) "Senurlry Imtrumat„ means this document, wloch is doled x. tea. together .dh all Riders to this document (3)"Barrowee, it ExA c T l000a .n nurna. xas.. An. Ni re__.,, Domown is the uustor under tuts Sccunry Imtrvment (C) "I<ader„ s en Under u. Stack Savings Bank organttedand alsla,lg under We laws of the Smm of Washlvgmn Ladu's adMesa n � o eo, Las] A. NA ..... Lender ,s the benefiaary, under due S..ty imoumenl (D) "Trustee„ Is (E) "MERS" .s Modg.gc FlCc Smin, Rcgnhzh.m SYacros, Inc MERS n a sepanm Empor.bon dust is anmg sold,. a ,wmmee for leader Bad Lesda'a so ..tars and assigns MERS it site be.efinary uad,, chi, Seem ity Instrument. MERS a mgam d and extstmg under the laws of 011.1, and lies an address and telephone number of P O Box 2026, Flint, MI 49501-2026, tel (988) 679 MERS (F) "Note, means the promisaor, note signed by Borower mid dated •. s.. I.e. The Nine sums that Borrows owes Lend. ro-, rr nq ru• 0 s.a . nmloa AaDollan (US f"..$as c. 1 plustnmrest Bomowa bas promised to Pay this debt in tcgular PaLwbe Payments and to pay the dabs an ful not later than o. e..Ner 1, IOL. (C)'•PrePerry„ inea.ts the property that is described bebw and under We beadmg `T,ansfe, of R,ghts in We N.Petty., sss ATTA-So LEGAL asacnvTEON BY M31 REreasnCE N.as A //UT AAAJ a• OLD REPUBLIC TITLE 1.16 no�ig(oq Assenm, s Pamel on Account Number .au.s-ao>-ahy.ol t (Ill "Lean" means the debt evidenced by the Note plus userest, any piepaymem ch.gee and late charges due under the Note, and all saint due under this Security Inds ment, plus snares[ (O "Riders. means all Riders b this Security Instrument flat .e executed by Beeni The following Radars are to be emanated by Borrower lcheck box in appbcablcl O Adiusuble Ram Rdcr Cl Condominium Rum, ❑ Seemd Home R,dcr El Balloon Ride, O plumed Unit Dev<loprnent Rider ❑ ()tiler(.) l.".,fyl ❑ 1.4 Family Rlda ❑ Blwoekly Payment R,de. (1) •'Applicable Law„ main all conbo0mg applicable fedcrai, min and local amain, rcgulauom, Emhm wa ' and sdm.mse.t.. rules and ord.Ys (that have th.GRcal of law) BE Nell BE .II applaud k final, ron-appealeblc 1ad.aal Opt am (K) "Community, bYmmdon Duet, Fare ad.bsasmenu" means .II dues, fee., .s.casmcnts and nth. Eh.,. Unit arc Imposed on Bonawe, or We Proparty by . condominum ass imasam, homcowncn assocuuan o, sander orgamsauon , w.,smnmoN_s aAr..as.n..nu..nN..N]I., vnwwmminem Nm,A..0 ..--.1 ••e, I.ru SNOHOMISH,WA Page I of I I Printed on 6/25/2008 7:58:45 AM Document: 'I'DD 2004.12030426 Branch :GOS,User SAN2 • Order: 5610580 Title Officer: JC Comma • Station Id :EEYG 200412030426.002 (L) "Flee rang Foods Tnmfer„ mcam any mill of funds, other than a uanmctmn mgumimd by check, dran, or similar paper nutrument, which n Imtvud duoupi an elccu.me tenniml, telephmuc Isoumcnt, composer, or magnetic tape sou to order, internal. or authentic a 6naceul rrtaYtion In, debit or credit an account Such tens Iruludes, but is ON binned In, point -of -sale trwfm, automated teller machine ti lions, tramfcrsImuacd by telephone, woe trwfcrs, and auomated clearinghouse tansfcrs (M) "Escrow Itema„ mcam those rums that w described or Seen. 3 (N) "Miscellaneous Proceeds, means any compensation, settlement, award of dwapa, or proceeds paid by any thud party (other than insurance proceeds paid under the coverages described In Section 5) for (d damage m, or destruction of the PropMy. (it) cordcmnation or Ober taking of all ne any parry of the Property. ('30cer eyance oI Imo of cmdcrostinn, or (iv) unucImsmutions of, or emissions a W. the value vr.Nor cmdmon of the Propcny (0) "Monpge Insurance„ mcvis imurance Protecting Urdcr against the nonpayment of ordefault on, the Login (P) "Penin is Payment„ morns the regularly scheduled armum due for (i) principal ant oucrest under the Note, plus (u) city amounts under Swum 3 of ths Secunty Instrument (IN "RESPA„ means the Real Estate Stoical Prucedaro Act (I2 U S C § 2601 eI see ) and nit tmplesumi ng regulation, Regulation A (24 C F R Pan 3500), as they might be amended from timo to time, or any additional or successor legislation or rcColatico that governs the same subject manor As used in this Security Instrument, "RESPA„ refers to all nqutcen coo and restrictions that tie imported in mgaN to a "federally related motgagc loan, even d the Loan does not neatly as a "fcdcra ly related monistic logo. under RESPA (R) "Succosor in Inural of Borrower, mew any parry mat bit Isken ode of the Property, whether in mot that party has assumed Barowcr's obligations under the NOW andtor this Sccunty instrument TRANSFER OF RIGHTS IN THE. PROPERTY The beneficiary of this Security Instrument is MERS (Wicy as rmmmcc for tender and Lender's fucemore and assigns) and the sueccsmrs and assign, of MERS This Security Instrument secures to Lender (1) the repayment of the Loan, and all renewals, cxtcnsmm and roomhcauom of he NOW, and (it) the perfocnumc of florrower's covemnu and agrremrnis ivder this Sccunty Instrument and the NOW For this purpose, Borrower urevrcably gmnu and convert to Trustee, in trust, with power of ule, the following described property located in the County of _a s see arfaCNLm LVIL anscir n.x ea rNls narLMMer Nor n aMT XLILLw Parcel to Number Deus......oit, m which cu rcnlly bar th. address of (snw) lowl Wastungtm sooae-_("PropeM Address") Iz4 Co..l TOGETHER WITH all the ur fu vemenks now or he,cencr cmctcd on the pmpeny, and all cinumcnis, appurtenances, and fixtures now or hereafter a pan of the property All mplacemcnis and almuons shal also be covered by this Secunry Imemment All of the foregoing is mfcucd win not Security Instrument as the "Propcny „ Borrower understands and air cc$ that MERS holds tidy legal ode in the i wrests purled by Borrower in this Sccunty Immiurenf but, if necessary to comply with law or custom, MERS (as nominee for Lender and Under s successors and assigns) bar the ngbt m eaereisa any or all of throe interests, including, but not limited W. the right to frreclou and sell the Property, and to uke any action treated of Lender uuludmg, bar not limited m, releasing and canceling this Security Instrument BORROWER COVENANTS that Borrower is lawfully seised ofthe Guam herby canvcycd and bit the right to grant ark convey the Property and that the Property Is uncocumbcrcd, exeryt for cncumbraues of record Borrower warrants and wall defend gi nmlly and tee Io the Propery againsl all clams aM demands, subject Ire any cncumbraren of record THIS SECURITY INSTRUvIENT cemhtss uniform covc..0 for nwonal use and non-wfarm eouenass with limited vanalum by )unsdmoon to cominate a uniform ucunry Imwment covering real property UNIFORM COVENANTS Borrower and Under covenant and ape. as follows 1. Payment of Principal, Interest, Escrow items, Prepayment Charges, and I,re Charges. Borrower shall pay when due the principal of, and am," ism the debt cvdenced by the NOW stnA any prepaymcnl charges will has charges due under the Note Boriowes shall also pay funds for Escrow lams SNOHOMISH,WA Page 2 of I I Printed on 6/25/2008 7:58:45 AM Document: TDD 2004.12030426 Branch :GOS,User:SAN2 • Order: 5610580 Title Officer: 1C Comm, • Station Id :EEYG 200412030426.003 prswnt to Section 3 Payments due coder We Now and the Scmnry hatsumem dull be made to U S crmcoey However, if soy check or other instrument received by Laster as payment under the Nine in Ibis Soamry hastrument is entumed to Lender unpaid, Lendm, may rngorc Was any or all subsequent payments due and. the New and this Security Instrument be made in one . mica of the following forms, as selected by Lender (a) cash, (b) money order, (e) Ocru ficd check, bank check, tuuuemr'a check or cashier's check, provided my such check is drawn upon an mamubon whom deposits art round by a federal agency, instrumentality, or entry, On (d) Electronic Funds Transfer Payments are deemed mcnved by Under when wccrveda We location d<atPated m We New or as such other location in may be do tg ated by LeMenn accordance with We notes, pr vuosu in Se.on 15 Lender may manou any payment or Pabst payment tribe payment or partial pymens as, insufficient in bong We Low current, wsdew waiver of any rights bereendes or prejudice to nix rights o refit[ such payment Or petal pymens art mcmp rid If csGt Pcnodc Payment u attired ss of ro uhcduled disc date, Wen Linda need rwn pay mtereat on unappkcd funds Lender may bold such unapplted !mils until Borrower makes payment in bring We Was current If Barrawa( does not do an within a reasonable period of time, Lender shall either apply such fuMa m ectum shnm m Borrower If rat applied calrer, such funds wtB bra applied a ge austartdng pnneipil balance under We New immediately poor to foreclosure. No onset or clam which Borrower might have now or in We more against Lender shall nhave Bwruwcr from making payments due under the Now and this Sanmry Intentional or performing the covenants and agreements secured by this Sammy Instrument 2. Appllcamon of Payments or Procmds Except as othowso derenbed in this Sectmn2, all paymenta accepted and applied by Lender shall beapphed in the following aides Or priority, (a) mrormst due under the Note, (b) pnnctpal don under the Now, (c) amounts due under Section 3 Such payments dull be applied to each Periodic Payment in the order in which it hansom due Any remaining amounb shall be applied fast b lase charges, second to any other amounts due under this Stcunry Instrument, and then to reduce the pnnctp" balance of the Now If Lender receives a payment from Borrower from a dabrepmot Periodic Payment which includes a sufficient mount to pay any late charge due, the payment may be applied to de dehnques payment and the late charge If morn then one Penodsc Payment is oumsenng, Under toy apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent Wan, each payment can b Paid in full To We extent that any excess exists and We payment is apll,ed to We full pyment of me in more Periodic Paymens, such excess easy be epphu W my law charges We Voluntary pupymems "I be applied first to any prepreacet charges and Then as Wunbcd in We Note Any apphcam of payment, moment, pmcmedt, or Miscellaneous Procttds to powi due under We Note Will era extend or postpone We due dart, or change the summit, of We Pcnnde Payments 3. Funds for Euraw Isms. Bermwer shall pay m Leader on the day Periodic Payments tie doe it. the Note, until We Now is paid in full, a sum (the "Funds_) to provide for payment of amounts disc fw (a) rues and uursmnnm and other items which can main pnonty Over Wit Security Instrument u a Iron or eascumbtmec on the Property, (b) leaulold payments or ground most on the Pmparty, Jmy, (c) pacmaums for my and all msuraac rcquucd by Lend. uMet Section 5, and (d) Mortgage loueaws, pwmtnns, if my, or my sums payable by BOtrowa no Under in hen of titre payment of Mempi c Insurance pcmmms o ucOrdamic wish We provisions of Section 10 Theis items son called "Escrow, Items „ At origination as at any time during the mint of We Loan, Lender may mr. that Community As.3aum noes, Fees, and Asussmenu, if my be escrowed by Borrower, and such does, fans and assessment, shall be an Escrow from Bormwcr shall promptly Inrush to Lender stl .tees of.mmu W b< pad under Wit Scmw- Borrower shall pay Leod. do Funds fw Eumw Items unless Lender waives Borrower's obligation to pay W Lender Funds for my or JI Escrow hams at my time Any such way. may only be m svotmg In the event of sucb cancer. Borrower 0J1 pay directly, when and where payable, the amounts due for airy Eamw Items directly, pursuant to a waver, and Burrower fob to pay the ameum and Barmwer shall then be obl.,pn d ender Section 9 to ¢pay m Under any such amount Lender may revoke the waiver as to my or all escrow Items at any time by a notice given in aeordance wish Section 15 and, upon such invocation. Borrower shall pay to Lender all Funds, and in such amounts, that are .egmred under this Section 3 Lender may, at my time, collect and hold Funds in an amount (a) mfficwrs to perms Lender to apply thc Funds at We time speaficd under RESPA. and (b) not to exceed We maximum amount a lender on require under RESPA Lender shall estimate We amount of Funds due onthe bases ofcunem data and masmablc estimates of cxpcndim . of fumre Emenw Items or adercroc m meandmce wish Applicable law The Funds Wall be held to an mstmtion whose &posts tie toured by a federal agency, instrumentality, or entity (includng Lander, if is an institution when deposits are o insured) or in any Federal Home Loin Bank Lender shall apply the Funds to pay the Escrow Items no later Was the time spectfiod under RESPA Lender shall rot charge Borrower fix; holding asd applying the Fads, annually solyztng We eorow account, or verifying We Escrow Items, mlcss Lander pays Borrower interest on We Funds and Applicable Law permits Lender m make snob a charge, Unoss m agwc s made m wining or Applrcablc Law reguuas inwrca W be pad on We Funds, Isnder dull tot be rcquucd b Pay Borrow. my tntertu w wnrnga on str Fonds Borrow. and Lender cm agree m wnhng, howeya, Wa mtercs shill h Pad m the Fm+d+ lender WJI give o Borrower, without charge, an smual secammng of dam Fulls as rcquucd by RESPA If there is a surplus of Funds held in cscmw, as defined under RESPA. Lender shall eccaum to 0onower fw the wean !weed m accordarec lothRESPA If that s a shotagn of Funds held incuow, as defined undo RESPA, Lcndcr shall notify Borrower as required by RESPA, and Borrow. Wail pay to Lender the amount ncccavry, in make up the shomage in meordswe wtW RESPA, him m no nos that 12 nanWly payments If then ,s a deficiency of Funds held in escrow, as defined under RESPA. Lender shall notify Bomwec as requited w.nn.maxs.,,�r.rr- n...a,..rt�.... n.. unmaw wraus,am wsmnau ram. s.a wt ..nt�o SNOHOMISH,WA Page 3 of I I Printed on 625/2008 7:58:46 AM Document: TDD 2004.12030426 Branch :GOS,User'SAN2 • Order: 5610580 'title Officer: 1C Comme. • Station Id :E.EYG 200412030426,004 by RESPA, and Borrower shall Pay to Leader the amount eaceuaty, to make up the deficiency to accordance nth B PA, but m an mote than 12 monthly payments Upon payment m Ion of ill sure, seemed by this Security Into mere, Lender ab al promptly refund to Home., any Funds held by Lender a. Charge; Ism. Be. shall pay all uses, ansco menu, charges, finer and tmposmons attributable be the Property which can attain peony over (his Security Instrument, Icaschuld payments or ground «nu x are Property, d any, airs Conmumy Assocnbon Dues, F«s, and Asseasrnvrs, d my To the extw that these items are harrow Items, Borrower shall pay them in she mama provided in Section 3 Borrower shall prompt, discharge my Iron which has priority over this Security Instrument mlca Be.., (a) agrees to writing to the payment of she oblgwori aecurad by the hen in a mssneracceptsble to Lendrq but only so long as Be.. is performing such erg amosm, (b) contains the ben te pod foth by, or defends against enforcement of the hen in, legal proceedings which in Under's opinion operate to prevent the mferccmmt of the lun while to. pr..dinp sin pending but only uad such proceedings am condudcd. or (c) secures from the bolder of lye lien an agreement smufacmry to Lender subordinating die hen o this Security Instrument If Lender deuwma don any pan of the Property is subject u a hen, which can union pnmay over the Security Instrument, Lender may give Bowwer a xxc sdeeulAng due lien W i Wn 10 days of due dale on which sum notice a given, Borrower shall mtsfy the hen ortalre one or mine of the actmm ses forth above an this Sections Lender may requue Borrows to pay a em.n. charge for a rot enure to vtnfieshon and/or reporting service used by Lender in connection ndi this Loss S. Property lasurmv. Borrower shall keep the unpoovcmcnu raw among or hereafter marred on the Property insured agsont Ion by fire, harmds entailed within the unm "extended coverap,,, and any other boards including, but not punned to, carthquakm and foods, for which Lender regmrcs insurance This hmmnce shall be wormoed an due amounts (unludng deductible levels) and for the periods that (raider regn., W Ws Lcndst rcqutry pursums to the preeedeng senaencescm change dtnng w tanti olds Lem The insurance tamer providing the insurance shall be chosen by Borrower subject in Leader's right in duapprevc Borrowers choice, which right &ball not be corsucil unreasonably lender may repave Borman In pay, in ,.canon wth this ism, ..the, (a) a on>time change fa Bond axe deterionsion, cemfim men and tracks, serveea, or (b) a one-time charge for need sent determination and scrhficneon services and subsequent changes each time re mappings or similar changes =or which reuoteably might affect such determination or cemficabon Renewer shall also be responsible for the payment of my fees imposed by the Fedeal Emergcocy, Maagerment Agency in comccuon wab she rcinm army flood sons dccmn,atien resulting ban an objection by eonuwer If Borrower fads to mammn any of be coverages described above. Linder may obtain insnranee coverage, at Lerda's option and Borrowers expense Latest is "a no obligation to purcoaw my Particular type or amount of coverage Therefore, such coverage slug cover Lender, but might or might not protect Borrower, burrower'a equnty in Me Property, or the content, of the Property, against my risk, harnrd or Inability and might provide greater or lesser covcmge than was previously in effect Borrower acknowledges that the toss of the insurance coverage so obtained might significantly exceed the cost of announce that Borrower could have obtained Any amours dnsbuned by Lender uMa this Simon 5 shu0 become addsbwn i debt d Borrower ,ecurcd by thisSecunty Imwmem Thoc amamu shall bemin r st at the Note me from she dine of dobursemem and shall be payable, with such marcsl, No ounce from Lender to Bonowcr r,.owes payment All insurance policies required by Lend, and macwals of such Policies shall be subject an Lendar's right to disapprove such policies, shall numb, a standard mortgage clause, and shall name lender u mortgagee and/or as m additional loss payee Lender shall love the right so hold are policies and renewal amfieates If Lcndcr requires, Bartow er shall promptly give in Lander all rc«epa of pad premiums and renews) ximcs If Bonower obwns my form of unominee coverage, not ethawiu requved by Lender, for damage u, or destruction of, abe Property, such pobcy shall include it suedard ..gage curse and shall ame Lender as mortgagee .Nor as an addtuonal toss payee In she event of loss. Borrower shall pre prompt axe to the insurance came and Lend" Lumber may make proof of Ions dress made pranpty by Borrower Unlen Lenderand Borrower odunwue agreem wnlmg, any imurauc pro«eds, whether or nos the underlying instanter was eegored by Lender, shall be applied to restoration or repair of Ili Property, if the rcarolation in repair is continentally feanable and lsada's aevwty is not Icasaad noting inch repair and restoration proud, Lender wall have the right so held such insurance proceeds until Lender has and an opportunity to inspect such "coy u -alai the work has been onmPlatcd u Lender's samfacuen. provided ton such inspection shag be undertaken promptly Lender may disburse proceeds for the rcPaa and refueation m a single payment min a s:ncs of pmVess payments as the work n completed Unless an agreement is made in woung or Appbmble law regmm tntertst to be pad on such insurance prmean, Lerbci shall not be required in pay Bonuwer any msaca or earnings on such proceeds Fcv fin pubic shall be ttoc ssale oebr lopthuerm Woufd Bpoawnicwse, rrearIfmNede re amBonwtiowncor drcuplal umais hearPeacidaonmohuf Wlley sfc"ible m rUndo r'sand security would be lessened, are insumce pro«sdo shall be applied to die wins secured by the Security inswmen4 whether or tat Wen see, nth tee eaeess, d anY. pad to Borrower Such ensamnee proccem shall be applied in the order provided for in Section 2 If Bonowv abendom the Property, Lender may file, negotua and note my available insurance claim and related wavy If B«rowa diva mo respond violent 30 days be a notice from Lender that the insurance coma has offered to seine a claim, then Lender may negoaa and senlc the claim The 30 day proud will begin when the notice is given In cimcr event, or of Lender acquucs the Property undo, Section 22 tar othemna. Borrower hereby assigns to Lender (a) Bonewei s rights u any mourame proceeds in an mount net to exceed the amount, unpaid under the Note or this Security Instrument, and (b) my .[be, of Bower's rights (ouer wwnnaa+a.rs 1.� ea— ... .a.. umuw oitru nism rasa e.-an as w +w SNOHOMISH,WA Page 4 of I 1 Printed on 6/25/2008 7:58:47 AM Document: TDD 2004.12030426 Bmnch :GOS,User :SAN2 • Order: 5610580 Title Officer: 1C Comm • Station Id :EFYG 200412030426.006 than the nght w any «fund of unnamed premiums mid by Boaower) under all msurance Policies caving the Property, insofar as such rights ere applicable m the mvcrge, of Mc Property Lend. may use the trumence proceeds either on repair or resume, the Property or to pay amounts urpad under the None a this Security homma nt. whether or rc1 then due 6. occupancy. Borrower shall occup, establish. aid use the Property a Borrower's p aripal residence waun 0 days after the eaccuueo of this Sanitary Iovumenl and shall eonawe to occupy the Property an Ro mer's principal rebdcnce fro -1(cast os yes -Iter the date of omupancy, unless Lend. otherwise -grces In writing. which consent shill not be unreasonably withheld, in unless eatenuwng OrernnMWieeseatsl which an, beyond Borrower's control 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall our destroy, damage or Impair the Pmpmy, allow the Ptoycny to detenon e a commit waste on the Property Whether or nor Borrower is residing in Me Propny, Bortower shall mamum the Property in order to prevent the Property from deteriorating in value due an as condition Unless it Is delcmimed pursuant to Section d that "pan in mstonaon a nit economically fcuhbla, Borrower, shall promptly .,a the Property ddamaged in avoid further damontion or damage If insurance Or communion proceeds art paid in connection with damage w, ur We ailing of the Property, Borrower shall be mapostble for report, Or restrong Me Property only if lender lies adcaud procada fa such purpose Lender may dnbww proceeds for the «pain ad reareatien in. single payment or to a sines of progress pmymmu as the wart ra completed If the Isoaae or condmauum lumccds art non mlBamt w mpao or rebrc the Property, Bortower u not relieved of earrnwer's obligation fo the complcum of such repay or restoration Lender Or Its agent may make reasonable envies upon ad enspealos of the Property If n has memorable cause, lenderesy strap«( the memor of the Improvements on the Property Lendershall pvc Roamer notice at the time of or pnor to such an numor inspection specifying such reasonable ,cute P. Borrower's Lem Application. Roamer shall be in default i( during the Lam application process, Beraowcr or any Persons or entities aermg in the direction d eonowa or with Borrower's knowledge Or consent gave matmally fair, realnGng, or Isccmatc mfumvwon or caternent, w Lender (or failed w provide Lender wth mecnal infor ins) a camecaon wththe Lan Maim) rryresent,tios rrclude, beer arc aid hmne l le, npresenuuans concerning Borrower's container the Property as Bormwds principal residence 9. Protection of Lender's late rert In the Property and Bights Under this Security Istenmant. if (a) Burrower fails so perform the convenience and agiummus concerned in Wi Security Irutstu ism, (b) them is a legal proceeding unit megh significantly affect Linda's interest in the Property and/or rights under this Sccvnry Immument (such in a preceding in budrtipity, limbers, for commitment or forfcimne, for enforcement oft hen which may arum priority ova this Security Instrument or b enforce laws in reguh ostak or (c) Bortower, bit abaMmnW the Property. then Linda may do and pay for whatever is reasonable in appropriate to protect Landers alms, in the Property and rights undo (bit Security Instrument, including proccimg amber assessing Me value of the Property, and secwng and/or repaving the Property Lender's actions can Include, but an net limited to (a) paying any was scoured by a hie whmh her canonry aver the Security Instrument, (b) apPtanng in noun, and (c) paying reasonable mumeyi fees to proted s'=as[ in the Property and/or rights under this Security Insinuator, inducing as seemed position to a barduvptey proceeding Securing the Property include,, but is not limited t% entering the Property to make npaus, change locks, replace or board up doom and windows, drain water from pipes, eliminate budding or other code violative or dangerous conditions, and have utilities tuned on or off Although Lender may uke action under dint Soon 9, Under does not have to do an and is our under any duty or obligation as do so It is agreed Met Under occurs no liability for not taking any or all actions anthonmd under this Section 9 Any amounts disbursed by Linder under this Section 9 shall become additional dch of Borrower secured by this Security Ismenhat These amnion shall bea orterea an Me Not. raft men the dale of dnbursemc l and shall be payable, with such Ina.1, upon nave from Lender to Bortower requcermg payment If this Security Instrument Ism a leasehold, Bortower dull comply, with all provisions of the lease If Bortower ., . fee ,,Is w the Property, the Ieauhald and the fee title Mall ea merge Imless lender -pees w the inanities.. writing 10. Mortgage Insurance. If Ladu tequtnd Mortgage Insasnce n a con non of makug the Linn, Roamer shall pay the premiums aluired in maintain the Mortgage Insurance in allies If for any f:eson, the Monpge Insunrce coverage required by Lender center in a available from the mortgage maura the previously provided such assurance aid Bomawa was required to make sepsetely dmgnium payments award the parameters for Mortgage Insurance, Barrow. Mall pay the pemrems nquud to obum coverage seibWmealy equnJrn to Me Mortgage Importance previously to Work a is mat aebctinal/y, aybvalrnlfo the cost to Bortower of the Monpp awrancc pmv dy m effcek fmm m aretoae mompp ensurer utaud by Isnda If mbstantiJly cgovalent Mnnpp Inures(: coverage is rot available, Burrower shall immune to pay w Linda the amount of the sepmtely designated payment, that were due whrnthe scom ice coverage eased w be in effect Lenderwill ><cep, use aid «tun these gyments u • ncuaefundable loss reserve m lieu of Mortgage tiisumance Such[ — reserve shall be iron -refundable, nom mhstsMng Me fact tat thin Loan is ultimately pad in full, and Lender soli not be, amoral in pry Roamer any mlcrcst err amings on wcb bit mwrve Landercan oo longerregwre loss payments If Moapgo Insurance covmge (In to smoom and for the Period that Under requves) provided by an insurer attested by Linder spin becomes available, is obtained, and Lender requires separately designated payments mwerd the premiums for Monpge himmuct If Lender required Mortgage Insurance as - condition of making the Loan =it Bocrowerwas required to make separately dcriputed payment lowab the premiums for Mortgage Insurance, Bortower shall pay the premiums required to manum Mortgage Inver coos in effect, or to provide a non-nifu dablc loss reserve, until Ladsr's requirement for Monpge Insurance or.& in acordarwe with any written agrcetrcnl aw«n But., and Lender providing far such termistiuh or until tearmartar n w.smw�mu_M.i. err. n.x. n.n�.u. x.. vrim.x mmuxrn win serer ram. e.. col ax�ixu SNOHOMISII,WA Page 5 of I I Printed on 6l25/2008 7:58:48 AM Document: TDD 2004.12030426 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Com-m. • Station Id :GI'.YG 200a12030426.006 regmrcd by Applauble Lew Nothing m the Scram IO alEcu Bortowci s obhpum ao WY ameav at the rate provided in the Note Mortgage Insurance cambursa Lender (m any usury that purchases the Nine) for certain loses n may rota tf eOmwer doa ram repay the Iron at agad Barrawa n not a perry o the Mortgage Insueame Mortgage msmas avalWtc then total ask ou ill such insurance at form Ban taro. to unit, and may enter into agaarrenu with omen parties that sham or modify then risk, in reduce lasses These agmmeaenu are on terms and conditions dial we satisfactory to the nuMgage, tmaer oral the Omer Putt' (m prime) an meat agreements Thac agm=cnu my rtquve me matpp roomer w make paymenu usmg my wurcc of ftnub that the mongop momm may ow evadable (which may umludc weds ram n d Ban Mortgage Insuancc prcmmmn) As a result of these agrecarcms, Lender, my purcbsae of me NOW, another smear, my intranet, any otaer many, or my athhsw of my of my of the foregatrg, may receive (dually or indirectly) amearsn shut dcnvc Bum (m might be chemctcnsed u) a Pomona of Bmowa's PaYreenu for Morlgagc 1—ce, in exchange for sharing or modifying the mortgage msurai s risk, or redmmg losses If such agreement prondes that an atfilule of Lender takes &shut of th unions's risk in exeluage for a share treat premiums pad to the uutrrer, the urmgemenl a often retained "aplaw rannounce . Further (a) Any such agreements will mot sffas the amounts that Borrower hu agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not mcreame the area..$ Borrowerwlll .we far Marc,.,. Lou, ce, mad they Mil was a.title Barowm to any r,food. (b) Any such agraemmu will nos affect the rights Borrower his - If any - with respect to the Mortgage Inmraoa under the Remeowaera Protection Act of 1"S or any ether law. Theta rights may include the right to receive certain disclosures, sa requev and obtain nncellatbo of the Mortgge Inmranee, as have the Mortgge loaraaa tamlmmul • We..drolly, nallor 1. reeerve o refund of any Mortgage Important premiums that were mituo,ed of the time of Inch oseelbdeq or twormotho. 11. Asdgomeat of Miscellaneous Procads; Forfeiture. All Msetllmcous Prated; eat hereby aasgned to and shall be paid to Lerida If the Property u damaged, each Miscellaneous P.,d, shall be applied as restonuan or repo, of the property, if the animation or repro u a conamiully fca ibb cod Lender's savory is not lessened Iletng ateh repair and nomination period. I.eealer shall have the right to hold much Mual Wscom Procads until Lender his bad an opportunity to n.p et such Property an mime the work ban been completed to Lender's ainfution, provided that such inspection shag be undertaken promply Lender may pay for the repues and resom u m In a single disbursement or in a seam of progress payments as the work s completed Unicu m agreement a made to wrung Or Applicable Law rem. maasr to be pad an such Mtscellancous Procma;, Lender shall test be rcquucd to pay Borrowee my wewsi m camrags m such Muccllaneous proceeds If thc eatoranon or rcpau u not economically feasible Or Lcnda's swirly would be lessen". the Muccllancous Pwcceds shall be Wheat to the sonic sawed by the Sccunty, Instrument, whether Or not then due, with the exert; if my. Wad to Borrower Such Mtsecluncoau Procumstall be applied at the ada provided form Sea trio 2 In the evens of a mail ukrtg, du tractum, or Ions m value of the lampuay, the Muallanmu; Fm coeds ;bell be applied to die sums covered by this Securely Instmmen4 whether or ram then due, with the excess, of my, paid su Borrower In the event of a pemal taken& destruction, as loss in value of the Property in which the feu meta value of the laropmy, immediately bcfine the partial ukm&deswcmn, or loss in value is equal in in greater than the amount of the sums seemed by this Security Instrument immediately before the papal taking, destructor, or loss an value, unless Borrower and Larder mhemsse ages in writing, the sums secured by this Security I monument shall be reduced by the amount of the Maccllmemus Prmedr multiplied by the following fracaon (a) the want around of dot sums acuad tmmcdiately before the panel taking, desuuctmo, or Iona an value divided by (b) the fair market value of the Propmy immediately before the partial corm& destwmun, Or lose n wine Any balance shall be paid to Bartow r. In the event of s peanut talking, dcstrumon, or Ions, in value of the Pmperry in which the feu market value of the property immediately her. the parcel uwg,d mtruawn, or loss m value n lee man the amount of We sums sauced mucediaoly before the penal taking destruction, or ban in value, onlm Borrower and Lender otherwase agree a wnu. , the Muccllanmus Prmcem swat be applied to the toms secured by mar Seunry Invmmcm whether m not the sums art than due If the property as abandoned by Boarowu, or if, after notice by Leader to Borrower that the Oppourg Perry (u dtfined in the neat sentence) offers to make an awed to settle a claim for damages, Borrower fads w respond to lender within 30 days one, the date th<notice is gtvem, Lender is authorized to collect and apply the MuaellmcoW Procuds miner an revmaam or rtPa. of flue Property Or the soma sawed by inn Secunry Instrument, whether or nos then due "Oppmtng Parry., mum the doad party Lite awes Borrower Murellmcous proceeds or the parry against wham Borrower bu a right of action an regard in Miscellaneous Proceeds Borrower shall be in default of my action our procecdmg, whether neat or moment, a begun Iha4 in Leader's Iudgmml, could result m forfatow of the Prapeery or oiler mutual ampaummt of lender's %me" in th Pmpany m aghu under dun Samry lo,coment Bamwa can curt sWh a defauls mod, d aceeleaum his occurred, reamtae as pnowded in Section 19. by causing due action in protecting as be thsmtssed with a ruling din, in Lcndcr's ludgmatk pealudes fmfci oa trust pwperty or other material impairment of Lender's amcrW to the noperry or rights order this Security Instrument The prccceda of my award or claim for danugcs that are aambmable to the amidument of Lender's Interest an the Pmpeary are kreby satped and stall the paid w Lender All Muc<llancom Pwaed$ that an, nth applied to accommm or apau of the Property shall be applied an the order provided farm Stan. 2 12. Borrower Not Released; Forbearance By Lender Not s Water, Extension ofthe time for payment or modification afarmomomum tribe, sums saurcA by tuts Security Invrumem granted by Lender to w.ico�mw�crrr-r..o.u.a-uvw,umr mansuaurtoaauru e-.same 'roc m SNOHOMISH,WA Page 6 of 1 I Printed on 6/25/2008 7:58:49 AM Document: TDD 2004.12030426 Branch :GOS,User SAN2 • Order: 5610580 Title Officer: JC Comm • Station Id :EEYG 20,112030426.007 Boeawer many So--, m Interest of Borrower dull mi apnk to .lure the liability of Borrower or any Smccsann m Imcult of Harrower Lenderdull not be reuvcd to...pmcccdmgs agannat any Sweet. m Inteaca of Borrow. or ro r<fisu m extend tune fa pyreem a mhciwnu muddy umrtivtion of fie anus scored by the Security Instrument by .... army sterawd nude by We ongmal Bmrowcr or any Stec . in Imerea of Barnowa Any faoearame by Lcridcr tan cxercmng any ngM m rcmndy nrludmg. wthan hmsuaors Lender's accepuoce of pyrums from thud persons, custom m Suecvson m Interest of Bmrowa err in amounts I— thanshe amount Wen due, shall ram be a wuv. of or preclude the eumue r f any right or mmcdy 13. Joint and Several LuMhty; Cuagwn; Succmoa sod Assigns Bound. Bonowcr cavernous and agrees Chu Borrower's obligations and habnhry dug be jovu and several However, any Borrower who co-sigrn do. Security Instrument but does not execute the Neck (a "co-ugn..) (of u co-signing des Segmry Instrument only to mortgage, gaol oid convey We caanism's interest in the Property under We terms of Wrs Secunry Instrument, (b) is not personally obligated ed gay the sums secured by this Scounty lawman, end (c) agues that Lender and any other Borrower can agree m extend, modify, forbear or make any aecommadiuoa with regard sit the teens of the Secunry Instrument or the Note wnaiam the co-signer's consent Subject to the prowsona of Section 19, any Successor m Interest of Borrows who assumes Borrower's ubhgatiom usda this Secunry, Instrument in writing, and u approved by Undq, shall obtain all of Bgrower's rights and benefits under this Security Instrument Barrowc, shall ma be released from Borrower's obligations and liability mdcr this Security leutrumew unless leader agrees to such vkue in writing The coomm s and agreements of this Security Instrument shall bard (except a provided to Section 20) and bcnefl the successors and ungns of Leade, /a. L .. Charges. Leader may ebange Borrower fees for serous performed m crnnect... with Banower's default, for the purpose of Protecting Undu's interest m the Psopcny and rights under thu Security Inaromcm, imluong, but trot harmd to, nurneyi fees, p rme"Y inspection and valuation fees In i,.d 1. any other fees, the absence of express authority in this Secunry, Instrument w change o spmfic fee ro Borrower shall not be command as a prohibition on the charging of such fee Lends fury n r change fen that sec expnasly prohibited by this Secunry Instrument or by Applicable Law If the Iron is subjeq to a law which sets miumn um loan chrgw. and that law a finally nmeryrged to that the wwwl or other ban charges wliated or so be collected in connection wMthe Loan excited the pwramed lama, Wen (a) my such loan doge shall be reduced by We amount necessity to reduce the charge in the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted lama will he reladed m Burrower Linda may choose to make tha refund by reducing the inrcc,al awed under tic Note or by malting a dual psytnent m eonrower If. refund redoes primtpd, the reduction will be voted u a pool prepayment wthas any pmpymem change (whether or not a prepayment charge its provided for under the Nate) Boeowa's acceptance of any such refund made by direct sit men, to Banower will consume a waiver of any right of action Bore nscr might have ansmg out of such overcharge 15. None.. All mncw given by Bartow. or Lender a conn¢hoe with this Seventy Insuamem must be in writing Any nation to Burrower in connection with thu Security Imwnrcal shall be doomed to have ben given in Borrower when manled by first class reed or wkn serially delivered to Bwrowcr's none, oddeessd..I by other mean Notices to any one Borrower shall cmawune nonce W ill Boeowers unless Applicable law cxpfvsly uquucs mhcrinsc Thc nonce add,. shall be We Pnopcny Address unless Borrow. has designated s substitute muee address by nobec w Lender Borrow..h ll pompdy miry Lerida of Borrower's change of address If Lender spectfia a procedure fro reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure Them my be only one dengnated notice adduct undet this S11way, Intrument at my one tame My be. W Lend. shall be given by delivering 1 or by mouton it by first class mad to Lender's eddiess stated herein unless Lender bu designated author address by notice a Borrower My notice in connection with thus Security Imwmcnt shall not be deemed to have ken given to Lender until actually received by Lender If eery notice required by this Security Instrument is also required under Applicable Law, the Applicable law requirement will ausfy, the corresponding requirement under this Security Inswmem 16. Governing L.w; S..... biliry; Rules of Contract... ibis Secunry, Instrument shall be governed by federal law end the law of the,wadictum n which We Property is located All rights and obligations contained in this Sccunty Immumcm we subject w any requrcmenk and limitations of Applicable law Applicable law might expinafy allow the pusses to agree by conlrant or it might be snlms, hot such silence shall not k conswW a a prohthmon oganul ago«rat by coneans In the event thal anY poison or clause of thu Security Insmunent or the Now conflicts wth Applicable Law, shah conflict shall has be continued as a pmhnbwon agasml agreement by conwq In the cunt that any pronsiew or clause strains Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect older pronnau of ties Secunry Inawmcnt or We New which can k given efrat walsom it. confuctmg pvisnon As wed in this Security Inswmcnt (a) words of the masculine gender shall Farm and include cuncspordw, newer wends or wards areas fcmamc gender, (b) words m she singular shall men and rmlude the plural and vice verse, and (c) the wad "may„ gives sale discretion wslwut any obligation W take any action 17. BoaowaY Copy. Borrowcr shall be given one copy of the Nose and of ths Security Instrument 18. Trander of the Property or a Beneficial Interest In Borrower M used in this Scmnon 18, "Inwal m the Property„ mew any Icgal or knefi.al n uent set sit the PropM. mcludmg, but has Imposed tat thou beceficai mkresu trsnsfe rcd in abmnd for deal, contract for deed. msulbecm sales contract or escrow agreemers, the Intent of which is th. transfer of aces by Borrower at a furore date to a michaser If all or any pan of she Pnup ety or any Interest m the propay n said or tranufceeel (or if Borrower its ram . namvl pro. and o hcneficul merea to Borrower ea "it or 1r.naleeed) wlhout Lender'. poet wnncn comma, Lender may «quuc ise medso a pymnt In full of on cams secured by thu Secunry Instrument However. this option shall rot be exercised by Lends If such exercise its prohibited by Applicable Law SNOHOMISH,WA Page 7 of I I Printed on 6/25/2008 7:58*50 AM Document: TDD 2004.12030426 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Commc • Station Id :F,EYG 200012030426.008 If Lender excreta this option, Lender shall give Borrower notice of acceleration The notice shall pmv,de s pennd of ins I... Wan 50 days hum the lose We notice is given ar accord. with Secuon 15 walm which Borrower must pay all seams secured by this Secunry Instrument If Borrower fails to pay them smnspnm an m e exptnuat of this period, LCnder may mwkc any remedies pcormted by thta Secunry Imuument wtbout fimhcr .till Or dcmard on Bartewer 19. Borrower's Right to Relci After AaNerstion. If Borrower mars cam cordstwu, Borrower shall have the right to have enforcement of this Security Immersion duasmwd at any time pnor to the earliest of Is) five days before ale of the Property function to soy power of calm contained in this Smunty Insmumml, (b) such other pcnod .e Applicable Law might specify for the namwWn of Borrower's right W reinsure, or (c) entry of a judgment mforcnng iw Secunry Instrumcn, Thou coMiows art that Burrower (a) pays I<nda all sums which than would be due under this Savory Inuramm, and the Note a if no acdcntson bad asserted, (b) cum any default of any other co emnum agreements, (c) pays all expenses assumed in rnforcntg this Saanly loswme4 including, bee mot limited to, rcau,ble musmeys' fees, property mWmtron and valuation fin, and other fees incurred for the purpose of protecting Lender's interest in the property and ngbts under this Seewry Instrument. and (d) take such arson as Lender may reasonably mcgove to assure that Lender's interest to the Property and rights under this Secunry Instrument, and Borrower's obligation to pay sums secured by this Security Instrument, still comnue unchanged Lender may uyuu. that Broomall, Pay such mmutcmmt sums and expesa to one ot more of We fiellowng fart,, as uleaed by kndr (a) cash, (b) money order. I.) certified Week, bank cheek, theuumYs ebeck or caWwn'. check, provided any such check n drawn upon an s,mroron wham deposits are insured by a fedecd agency, mmaneualmy Or entoy, or (d) Electronic Funds Transfer Upon rennstatcmcm by Borrowee, this Seemly Imwmrm and oblgmens around herchy Nall remun fully cRauve u d no ualmuon had oeeurred However, Wn right W re,mum shall men apply m case of accdmtion under Scchon 18 20. Sale of Net.; Chase. of Loa. Service.; None. of Gdevmse. The NOW or a pmul interest L. We Note twitcher with this Security Instrument) can be amid mite or mom times without prior puce to Burrower A sale might result in a change to We entity (knows as the "Loan Scrvrcc„) that collects Penodic Payments due under the Note and this Security Instrument and performs other mongage loan serem,ag obligations under the Not. this Scenery Inswment, and Applicable law There also might be nor or more changes Of the Loan Servicerumelaud W a sale of the Note If there a a change of We Loan Semce, Borrower all be gtvcn wntcn ounce of the change which all sum the mme and sidles of the new Loan Savucr, the silliness W which payments should be made andany other information RESPA requuct in connection wish . was of irmsfer of servicing If the Note is sold and Wereaficr the Loan is sevmed by a Loan Semen other then the purchaser of the Note, the viongagc lone servicing obkgauo, W Borrower will roman wall the Lom Scrvrar or be trarufemed to a successor Loan Servitor and ere not assumed by the Note purchaser unless othctwtse provided by the Note purchaser Neither Borrower nor Lc Wcr may commence, join, or be joined to my judicial action (as either an nndrvmWul Imgmt or the member of a class) that mills from the other parry's mho, purwana to this Secunry, Instrument or that alleges Wn We other party has bnsched my provisions of ar my duty owed by reason of, this Security Instrument, anal such Borrower or Lander has naffed the other parry (with such nags given in compliance with the requirements of Section 15) of such alleged brcuh and anordc4 the other party hereto a reasonable pmod after the gang of mch notice W hike connive mum If Applicable law providca a time period, which must elapse before certain whom can be taken, that time penord will he deemed lobe reassemble for purposes of thisparagraph Thc nonce of umlcnum and oppom ity W curt gsvm w Borrower pursuant to Season 22 ard the note. of aaelmuon gtvm to Bwrowcr pursues W Seclson ig shal be deemed io utisy the notice and opportunity to sake commove action prorepons of this Semen 20 21. Hazardous Substmcm As used in this Section 21 (.) "14-1 own Substance„ arc those mbs mcc. elected a toxic or Immodest substmces, pollutants, or wastes by Enveonme al Law and the fell., substances gatohnn, kemem, the, flammable or toss pcwleum products, W tic pcmmdes and herbicides, whale solvents, matemhi nemming asbestos or formaldehyde, and immuutive contends. (b) "Envuomnmul Law„ ... federal laws and laws of the jurisdiction when the Property its located that relax We halal, safety or environmental Incitement (c) "Fnvtromnensal Cleanup„ includes my response action. rcmcdal action, or,carve action, as deemed m Envuomncnui Law, and (d) and "Enverimm cal Continuum- mans a commit.. dal can ems. conmbute to, ro oderwtu will and EnvumnmmW Cleanup Borrows, shall nel cause or paned the precuc, use, disposal, smnge, a , elcau of my Ha=ktics Substances, or drearm W release my Hazardous Substances, on or in the Property Borrow" Wall not do, nor allow myonc else W de, mything .Becungthe Property (a) text u in woHtion of my Environmental Law, (b) which Gnaws on Envn .Ul Condnun, or (c) which, due to the presentee, use, or ,deice of a Hazardous Subshine, mete n condition chat advc ly off m thc value of the Property The preceding ,wa sentereesstill "apply W Ws Inesmce, use, or atonge on the Property of eriall qumtaics of Ma>ardross Substaneesdrat arc generally recognized to be apprepnam to normal mudcmtsal uses and am rruintewo¢ of the Property (owtuderg, hot not limited me, bnallous substances in consumer products) Borrows shall promptly give Lends wnmm roue of (a) my investigation, claim, demand, I.wsun or Other action by my goverimanW or regulatory agency or Moore parry involving the Property and any Hmardons Substance or Environmental Low ofwbwb Burrower has mual knowle4gc, (b) my EnwonmenW condition, including but not burned la my spilling, leaking, discharge, ,lease or threat or release of any Hazadous Substance, and (e) my eondtoa caused by the press ec, use or release of a Hazardous Substance which adversely a Rau the value of the Property If Borrower Ice,, or is mhficd by my govemmemal ar regulatory authority, or my private parry, that any removal or other mondial on of my Hawdous Substance affecting the Property is n.raw....o.n..ew,oe.o.rrawirnvsm.nar .�..o..i ....aao SNOHOMISH,WA Page 8 of I I Printed on 6/25/2008 7:58:51 AM Document: TDD 2004.12030426 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Comm • Station Id :F.IiYG mceasary, Borrower shall prumpdy uke all recesvey.emedal acteom m •cenrdars. with Ennnserwi al law Nothing bcrcm shall create any oblte.aon on Lender for an Fri.mal Cleanup 200412030426,009 NON4INIFORM COVENANTS Borrower and larder further, covenant"agree as follows II. Acceleration; R..Nles. Lender bell give notice to Borrower prior to acalentino following Burrower'. breach of any assistant or agreement In this Security Instrument (but not prior to accelerations under Sexton 19 oaten Applicable Low provides otherwise} The rode. W all specify- (a) the default; (b) the sedan required to are The 4efsull; (a) s data, toe Ins tbs. 30 dip, from the data the ..lice Is given to Borrower, by which the defend must M cured; and (d) Mat failure W cum the default m or Ware the date tpecined In the notice may result In acc,dnd.. of the muss seemed by This Security I ndrument and tale of the Property.4 public auction at s date not less than 120 days In [be futstra. The notice Mall further inform Borrower of the right to reinstate after scaleretie4 Me right to bring a court sales to assert the .oa<dst xy, of a default or any other defense of Borrower to smalentlou and sale, and any other matters required to be Included in The notice by Applicable Law. If the defend Is not extend ou or before the date specified to the nmcc, Lender N its opthi may require Immediate payment to fug of all am. exacted by MI, Security Instrument without in rear demand and may Invoke the powerof sale aodfor any other remedies permitted by Applicable Law. Lsoder shall bt entitled to collect all expenses desired to psi rousog Me remedse, provided in this Sexton II, Including, but .of limited to, reaso..file Gurney" I,. and t.,U of tttl. eWdcnc,. If Lender invokes the power of sale, Leader Mall give written notice to Trudaeal the occurrence of an event of default ..it of Leader', And.. t. sus, the Property to be .old. True,.,.nd Lneoler .bell take such than regarding notice of ale and shall give such mice. to Borrower and to other persons as Applicable Law may require. After not time requlved by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, Mail all the Property at public auction to the highest bidder at the time sod place sod under the trrme designated In the ..On *feel, In ooe or more parcels and in say order Trustee determines. Trustee may pocepooe sale of the Property for a Period or period, permitted by Applicable Low by public announcement at the Come and place fixed In the notice of sale. Lehr ar It designee may purchase Mr Property at any sale. Trustee Wall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or Implied. The recitsi,I. the Truseee'sdeed shall be prime fact, evrdm¢ of the truth of the statement made thernn. Trustee Mail apply the proceeds of the tole In the following order: Is) to all expenses of Me nit, Indudmg, but not limited to, reasonable Truster's and attorneys' fees, (b) to all sums secured by this Security Instrument; sad (c) any extent to the person or persons legally .ended to it or to the clerk of the superior court of the county In which the sale took place. 23. Rec.... y.dee. Upon paymcm of.11 ame aecumd by this Security instrument, L.mlhr Moll request Trustee to reconve, Me Property and shall swoe d. this Security Instrument arM all sue, evtd,mmmg debt .cured by this Security Instumenl to Truslee Tmstee shall reconvey the Property without warranty in the Cartoon we pers.a legally totaled to it Such person or Persons Mall pay any ree.mateen cost, and the Trts's fee for prepare Me reconveyamc 24. Substitute Trustee. In scc.rdarec with Applicable Law, L older may Ban time to time appoint a success W sWc W any Tmstee appointed hereundct wbo bu aced to act W almin conveystce of the property, the successor trustee shall succeed W all Me tole, power and duties confirmed upon Trustee bercm and by Applicable law 15. Use of Property. The Properry it not used pnmtpally for nencultim purposes 26 AttorexT. Far,. Lender shall be entitled W rccovcr rt rasombic attorneys' fcnand costsm any action or p,.e,d..g to eomtae or enforce any tern of this Security Irdrumenl The ter "attorneys fee ,. whenever used in this Security Instrument, shall include without bmAatioo attorneys' fees mooned by Lender in any b.N ptcy procecGng re on appeal ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borwer axcpu aM apex b the men and .venoms cmumcd to 0us Security Instrument and many Rider executed by Borrower and scordcd with it Witnesses ($nO (Scd-Borrowercetera u tids -Borrower -Borrower (Seal) (Sed) -Borwet -Borrower SNOHOMISI I,WA Page 9 of I I Printed on 6/25/2008 7:58:51 AM Document: TDD 2004.12030426 Branch :GOS,User:SAN2 • Order: 5610580 Title Officer: JC Comme • Station Id :f:F.YG ISpace Bdow This Woe Far Atkmmvledgmeu4 STATE OF WASHINGTON, County of x1m �dll� I is - On this day personally appeared before me CRAIGT REIMER uid ANGIC REIMER 200412030426.010 to me krmwn to be the mdnduals detenbed m and who taccumd the unthm and foregoing mutrvmcn4 and acknowledgment that they signed the none as Neu free and volume y act and dxd, far the uses and peoposct themm emmm ed GWEN units, my hand and oRsYl .1 WH c ws µON hQt�l, No m Y ao_/}�xlf1%�e Suitce 0 wgWvg/i//m/, rtndmt r i �ay5910.Y�`'�•Sf.tl� / y setnmlCRo1fC5 On Y/(^/�^// V i •o 62 unr._� iQ4 aYwFerPyYI�N SNOHOMISH,WA Page 10 of I I Printed on 6/25/2008 7:58:52 AM Document: TDD 20D4.12030426 Branch :GOS,User :SAN2 0 Order: 5610580 Title Officer: JC Comm, • Station Id AA:YG EXHIBIT "A" All that portion of Lot(s) 15 and of the Southwesterly 60 feet of Lots) 7 and 16. Block "C". EDMONDS SEA VIEW TRACTS. according to the plat thereof recorded in Volume 3 of Plats, page(s) 76, records of Snohomish County, Washington, lying Easterly of the paved highway, TOGETHER WITH vacated Olympic Avenue abutting upon and adjacent to the South 60 feet of said Tract 16 and to all of said Tract 15, ALSO, an easement for road over and across the Southerly 20 feet of that portion of vacated Olympic Avenue lying between the Southerly line of Tract 15, produced Southeasterly to the Southeasterly line of Olympic Avenue and the Southerly line of Tract 12 produced Southeasterly to the Southeasterly line of Olympic Avenue, ALSO, an easement for road over and across the Southwesterly 25 feet of Tract 12. lying Easterly of paved highway and vacated Olympic Avenue abutting upon and adjacent to the Southwesterly 25 feet of said Tract 12 SITUATE in the County offEn, State of Washington -X Y) o6an ish ABBREVIATED LEGAL Portion of Lot(s) 7,15 and 16, Block "C", EDMONDS SEA VIEW TRACTS, Volume 3 of Plats, page(s) 76 Tax Account No 004346-003-007-01 073D464 END OF EXHIBIT "A" Page 2 200412030426.011 SNOHOMISH,WA Page I I of I I Printed on 6/25/2008 759:53 AM Document: TDD 2004.12030426 Branch :GOS,User SAN2 0 Order: 5610580 Title Officer: 1C Coro,ei-0 Station Id :B@YG 20060000848.001 1 ��WSN111610N ThIS Space Provided for Recorder'{ Use When Recorded Return To GOLF SAVNGS BANK ATTENr10N IXICBMFM COIRROL to BOK SMa LYNNWOOO,WAFa0e m's Documrnl Tlde(s) DEEDOF"m GrMllp(S) CMIC T RCIMF.P AND ANGIC 0.EIMCN Gmnl[e(O FIDELITY NATIONAL TITLE GOLF SAVINGS BANK, A WASIONITON FrOCK SAVINGS BANK Legal Desenphon ITN LOT 1, IS AND IA, BLOCK' :', FONIONDS SEA VIEW TKALIS Asses,res Pmpeny Tax Parcel IN Aecoem Number 004311o03-0E7gI Reference Numbers of Documents Assigned or Released —Starr a(WArWEWA �—SPerr AM- TLL Ll—Fit Rix -au, DA,r luvv Nv UN70 IRS, 'I,., N. Ia0aa013 DEED OF TRUST Extra. Na (With Future Advance Clause) MIN- mmOSOasow0ua1 I. DATE AND PARTIES. "list dam of IN, Deed of Trust (Secunly houumem) TUNE II , was and hhe panics, then addresses antl As rdcnbficabon...bvs` cANITORnrc as r0110Ws 008393— 2 ENMG T a E.Mx. Ann Awox r IM.N.. B=axon A. w111 INSURED BY FIDELITY NATIONAL TITLE ❑ If checked, «fer I. the attached Addendum alinfouted henna, for additional Gamins, Ihen Srgnamms And acknowledgments TRUSTEE FIDELITY NATIONAL TITLE "MERS" is Mortgage Electronic Reglstnoon Systems, Inc MERS is a sepxsale corporation that d acting Solely u a nominee for Lender MW Lender's successors and assigns MERS is the beneficiary under 'hit Security Instrument. MERS is organiecd and existing under On laws of Delaware, and has an ddre,x and telephone number of P 0 Ooa 2026. Flint, MI 48501 2026. col (888) 679 MERS I.fNDER GOLF SAVINGS BANK A WASIUNCTON STOCK SAVINGS BANK r0 Box Fell, LYNNWOOD, WA Trost L CONVEYANCE. The beneficiary of Ihn Security hour mml is MERS (Solely as ..a. for Lcndcr and La tIC1% su¢essors and Single) and the successors and aMigtu of MERS For good and valuable constdmnon, the rcceipl and sufficiency of which D acknowledged, and to secure the Secured Debt (defined below) and GrantN% pmfamaaee under this Security Instrumenl, Grantor irievir ably gents, conveys and Ia1h to Trustee, in trust for the bencfil of Lender, with power of sale, the following dewnbnl prapeny SEE ATTACHED LUNG LEGAL BY ThIS REVERENCE MADE AVANT HEREOF PANCELNUMBEK 004341.003.04141 The POSP[ny is 1pgled m SrfOIIOMIMI at trvmry) ass, O1.YMEle VIEW OR , EDMOAIDS Washington `1010 IAWron Cull (ZIPC.) ION .s.ole -N(Raff WTV ONE OF CPEOOOEEOUf DEED /MNIF crik INOrFq PN FNW,Fr MVAYSF,, TF09 WTNFRO{FRNUMOFOPAO TUPMp MUSI erY erer., e,ur.w[. nieriw ,a�PnCOCNHOMA.1.1 OPIf.I.VAL fMY rd01 SNOHOMISH,WA Page I of 8 Printed on 6/25/2008 7:58:54 AM Document: TDD 2006.06300848 Branch :GOS,User :SAN2 • Order: 5610580 "ride Officer: JC Commcl • Station Id +'EVG 2006063008.18.002 Together with all rights, cuxmcnls, dpmm,nm cS, royalties, mineral rights, oil and gas rights, all wwtel and riparian rights, dimhrs, and water stock and all caning and future smpmvemenn, structures. natures, and replacements that may now, a at any time In the NOME. be pan of the red estate described above (ill rmmol w A,'Pmpeny") Grano, understands and agrees that MERS holds only Icgal edc u the mmmsts granted by Grimier in this Security Inswmcm, but, if necessary to comply with law or susum, MERS (as oftmnec for Lender and Lemke, a censors .rid asngus) hit the right to oa,e,sc my a all of nbose neterens, mduMng, but rim hmned In. the IS& a foal.. teed sell the Property, and to take any action rcgared of Lender, Including but nor limited to. releasing and "reeling this Security IneWrIKM 3. MAXIMUM OBLIGATION LIMIT The total principal amount secured by this Seeunty Instrument at any anc tame shall oft eacted i 250AW W This Imnauao of amount dues rwt Include mlmsl and other fees AM charges validly made ptuswa to this Security Inswmcm Alw, this Imitation does rail apply to advances made under the terms of this Secunry Innmmem to prated Leaders worry end w perform any of the covenants contained In this Security Inswmcm a. SECURED DEBT AND FUTURE ADVANCES. The term'Smeed Debt' is denrcd as follows A Debt manned under the terms of all prumnory xte(s), cmudct(s), gummly(s) or other evdeoce of debt dusenbcd below and ail their catenswm, renewals, modlEcauons of substitutions (you rem specj"lly Wrnr fy the dehgr) rrev.ed and Yrm Aould mdude the flmd mummy dare o/ such deblh) ) TOE TOTAL tP INCVaL AMUUN t SECURED BY THIS SECURITY INSTRUMENT IS 5 150,060. IKOE EQUITY LINE SECURITY AGN EEMF DATED TUNE II. 106 TDIS OBLIGATION IS DUE A No PAYABLE ON 1ULY al. 1.6 B All future advances Dom Lcndcr a Grantor a other fmre obbgatiom of Gnnmr IR lender under any promissory note, contract. guaranty, or other evidence of debt executed by Grantor in favor of Lender eecuud are, NO Security Imlmmem whether or not Shia Security Inma mcnt spea6callyrefenenced If mo it than out person ngm this Sxumy Instmmem, each Grantor agrees that Ilia Security Imlmmem will secure all future Advances am 1 fern obhgauans that At gg cis a tar Imuncd byy Any one or more Granter, or any not a more Grantor and others All Pomre dvance. and ahcr futum obligations are second by his Security Insuumew even though all w pan may rim yet be Advanced All future advances and other future obligations arc secured AS If made on the date of this Secunry Instrument Nothing in this Seeunty Instrument shall constitute a commitment to make additional or future loans or advances in any amount Any such Commitment must be dgreed in in A sepwdbe writing C All other obligations Guntur owes to Lender, which may later arise, to the extent or prohibited by law, including, but not limited to, liabilities for uvcrdnOs relating w Any deposit account Agreement bewem Gnnmr and Lcndcr D All addlmmual sums advanced and expenses incurred by Lender for insuring, prescnmg or otherwise protecting the Pmperty and its value and any Other sums Advanced and cxpemes incurred by Lender under the terms of this Security Instmment In the event that Lender fails to provide any necessary office of the right of rescission with respect w any additional Indebtedness secured under paragraph B of this Section. Lender wanes By subsequent security interest in the Gramues pnnapal dwelling that Is created by this Secunry Imlmmem (but does .of waive the security mterest for the debts referenced in paragraph A of Ifs Section) 5 DEED OF TRUST COVENANTS Grantor agrees Ilso the covenants in this 6cction tie mammal obligations under the Secured nett rant his Seeunty Imnumem If Gnnmr breaches my mv"am n this Section, Lender may mfse to make additional extemmns of credn and reduce the credit limit By nut c.mamg either remedy on GrantWs breach. Lcndcr dares Co. want Lendres .,no so later consWer the event a breach If t happens again payment.. Grantor agrees that all payments under the Secured Debt will be paid when due and in accordance with the temsr of the Secured Debt and this Security Imlmmem Pater Security Interests. With regard u Any ether mortgage, dud of hurt, securiy Agromem at other ben document that mated a prior Security into" of exumbraxe on the Property. Grantor agrees to make all payments when due and to Perform a comply with all mycoanls Grantor also agrees CAN to allow any modification or extewon of ter to request any &tore Waxes under any note or agreement secured by the lien document wethom Lender's prior wnnen approval Claims Against Title Grantor will pAy all taxes, assessments, Irons, emombuM0. ICASC payments, ground rents, mtbties, and other charges relating to the Property when due Lender may «gmrc Grantor to provide m Lerida copies of all notices Thar such amounts are due and the receipts evWcxmg GOmtoes payment Grantor will de&nd title to the Propeny against any clams that would impair the Iren of this Security Instrument Gnnmr Agsms to MLgn to Leakr, as requested by Lender, any rights, claims or defenses Grantor may have AgamO pames who supply labor or mmenals w maintain or Impmve the Praxny WAN NO 1509703 ORIGINAL. It- uuruu "twin, rmuA a ore, SNOHOMISH,WA Page 2 of 8 Printed on 6/25/2008 7:58:55 AM Document: TDD 2006.06300848 Blanch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Comme • Station Id :EEYG 200606300848.003 Property Condillm, Allentioas add Imprroon. Grantor will keep the Propcny or gaud cmddmn and make all repairs Chet arc reasonably necessary Grantor shall not commit or allow any waste. impairment, or dcscroralson of the Propcny Grantor agrees thal she nature of the oacupafnY and use will no substantially change without Lenders poor wnllen cunmm Grantor will n-I person my change in any hcefrse, resmetive covenant or casement without Lenders prior wnsten consent Grantor will notify IeWer of all demands, proceedings, claims, and arl m, against Grantor, and of any Ion or damage to the Propcny Lender As tin ices agents may. at Larder's option, enter the Propcny at any reasonable lime for the purpou of usspecung she Property Lender shall give Grantor Ante. al the tame of or befom an umpect m spectfymg A reasonable purpose for he inspection Any tropeclnn of the Pmpedy shall be entirely for Lender benefit and Grantor will in no way rely on Lenders mmpectnn Amhority tit Perform. If Grantor 4ds to perform any duly to my of the wver mts surnamed to this Seeumy Instrument, Lender may, without notice. perform or cause them to b, performed Grantor mpoma Lend. As mousey m f ci I. sign Grantors natm or pay any amount ...ousty, for performance lxmkes Fight to perform for Grantor shell rn, create an obhgalton to perform, and Lender s failure to perform will nut pmdude Lender from exercising any of Lenders mho nghts under the, law or this Sccunty Imuument L,...heldq Clodaminlums; PI ... Ad Um Developmenu Grantor Agrees to tamely with she pnrvdmns of any lease dims; Sccunly Instrument is ran A Iwchold If the Ploperty ircludes A ..it or mrbommmm . a planned unit development, Grantor will perform all of Grantor's dub. under she covenants, bylaws, ore mgulratom of the.. domntmnm or planned tool dcvclopm.nt Condemnation. Grantor will give Lender pimp mucc of any pandmg or threatened action, by pityi, or public emnmes its purchase or take any or all of the prapon, through toredemnanm, emment dornam, or any Oth. means Grantor authonaes LendN to intervene in Grantors name in my of the above cictenbed Actions or claims Grantor assigns to Lender the proeeeds of any award or clans for drmgel connected with a coridemoation tar other taking of all or my pm of the property Such proceeds shall he convdcred paymema and will be appbcd as p,.s,dcd in this Security Instrument This assmgnmmt of proceeds is subject to the moms of any prior mortgage, deed of trust. security agreement or Other hen document Insurance. Grantor shall keep property insured Against loss by lire. flood, then and other hoards and risks seasonably .,mewled with life Property due 1. its Type and location This tnsurarce shall be maintained in the amounts and for the pounds that Lender regions The insurance cantor providing the insurance shall be chosen by Grantor subject to Lender's approval, which shall not be unreasonably withheld If Grantor falls to maintain the coverage described Above. Lcndcr may, As, Landers option, obtain coverage In plumes Lenders rights in the property according to the terms of this Scconry Instrument All insurance poLres and renewals shall be acceptable to Lender and shall include a standard'mongagc clause' and, where applicable, Sass payee clause" Grantor shall immediately ooufy Lender of cancellation or tcrmmauon of the insurance 'Lender shall have the ngbl to hold the policies and renewals If Lender requires, Grantor shall immediately give of Lender all rccrpls alpaid pmmmrm and renewal notices Upon loss, Grantor shall give immediate notice to the msumuce canter and Lender I.ender may make proof of loss if not made marmediamly by Grantor Unless otherwise agreed in writing, all insurance proceeds shall be Applied n the memnit o t to repair of the Propcny an to din Secured Debi, whchor or not then due, at Lenders spoon Any Application of proceeds too Principal $hull not extend of postpone she due date of the scheduled payment nor change the Haunt of any payment Any excess will be paid to the Grantor If the Property is acquired by Lender, Grammes right to Any m$uranrc policies and proceeds resulting from damage to the Property before the acgmsition shall pass to Lender to the extent ofthe Secured Debt immediately before the Acquisition Financial Reports and Additional Documents. Grantor will provide to Lender upon request, any financial stntement or mfamuoon Lender may deem reasonably necessary Grantor agrees to sign, deliver. and file any addmanal documcnm or renifieauuns that Lender may consider necessary to perfect, commuc, and ismmrvc Gmnwfs obligations under this Security froommem and Lender's lien nuns no the Property 6 WARRANTY OF TITLE. Grantor warrants that Grantor is tawill he lawfully Armed of the .sue conveyed by this Secanly 1nsAmment and has the Fight to revocably good, convey and sell the property to Trusmc, m "At, with .At of .)A Granwr also vonsimA that the Prupcdy is unencumbered, except for emumbrames of mcurd 7. DUE ON SALE Lender may, Ad its option, declare the enure balance of the Secured Deb, to be immediately due and payable upon the creation of, or contract for the creation of. A transfer of nlc of the Property This Fight is sublect to the repncnans tmpom0 by federal law (It C F R 591). as applicable WAN NO.. 15"70$ ORIGINAL. orwt awes. aura. a u eau. tax ra,n us., a, "twin. n aP m d y SNOHOMISH,WA Page 3 of 8 Printed on 6/25/2008 7:58:56 AM Document: TDD 2006.06300848 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Comme • Station Id :EEYG 9. DEFAULT Gnmor wellhemdcfauluhny of the Ilowmg occur 200606800848.00A Fraud. Any Consumer Bwrowc, rngsg. as fraud w mueml mnrrprescntatmn at <wvnetron with the Secured Dcbt that is an open end home egmly plan Payments. Any Consumer Bartowcr on any Secured Deb thal n An open end home cginty plan full to make A paymea when due Propeay. Any aetrun or go coon by the Burrower or Grainer occurs that aEvcrsety affects face Poultry or Ledei rights in the Propany This includes, has is mI limited to. the following la) Grantor fads Ica mmmun requrmd msunre. on the Property. (b) Grange runsfera the Property. (c) counter cmmrb wage w uthew,se destrurovely uses or fails to maintain the Pmpny such dual the ammo as, monsoon advcncly affects Lenders security. (d) consular fads to pay taxes an the Property or othc vase fails to act and Ih,mby causes A hen to be Died against the Property that ts sera... to the Ion of lhu Seeing, Inslrumcnt. (e) A to Grantor des, (O dmart than me Grantor, any Gramm dres and Landers secumy eA adversely affected, (g) the Property is taken duuugh amount domain, (h) A )udgmw A file aSamnal Grantor and aub)ceir Grantor and the Property to action that adversely effects Lendcfs interest, of (o) A poor penholder forecloses on the Property and As a result, Leather interest es adversely affected Eaecutiv, Olflcen. Any Bono we, if an c.coulove ofrree, of Lender or an aRhmle and such Borrower becomes indebted to Lender or another icier in an amegalc amount greater than the amumn panned trade, federal laws and regulations 9. REMEDIES ON DEFAULT. In Whim o any other remedy availableudm the turns of this Security Im numem. Leader may accelerate the Secured Debt rid foreclose this Secunry Ingmmem m A manse, provided by law if Grantor is in default In some instances, federal and gate law wit raqure Linder to provide Grantor with mug or the right to cure, or other nmm ad may establish erne uhduks far forcelsoure ntims At the option ofthe Lender, all or any pan of she agreed fees and charges, accruedmmcrest and pm¢opal shall become immediately due and payable, aBci giving mute if rcqured by law, upon the occurrence of a default or anytime thenancr Lender shall be entitled to, without hm taam, the power to sell the Property If there is a default, Tnsme shall, at the request of the Lender, advertise and sell the Property as A whole nor in separate parcels at public auction to the highest bidder for cash and convey absolute title true and clear of all fight, title and merest of Gnenom at such time and place as Trustee destgnmes Tmgoe shall If— rotor, Of sale including the time, cam, and place of sale and A description of the Pmpcoy to be sold a, requnrd by the applicable law in effw aI the tame of Ihe proposed sale Upon to of the Property and in the agent no, prohibited by law. Troacc shall make and deliver A deed to the Propcny sold which coveys absolute title m the punhaseq and after first paying all fear, charge, and costs, shall pay to Lender all moneys advanced for repairs, taxes, insurance, Lens, assessments and pour encumbrances and interest thereon, and the pnnc,pol and interest on the Secured Debr, paying the surplus. If any, to Grenur Lender may purchase Nc Propny The recitals in any deed of coavey.mc shall be prima facie evidence of the ruts tat forth therein The acceptance by Lender of any sum in payment of partial payment on the Second Debt after the balance is due or is aceeheratedor after foreclosure prucedmg, art filed shall nor comtifm, Awuser of Lender's right to require complem core of any existing default By not exemomg any remedy an Gransnh default, Londe, does no, waive Leader's right to later consider the event A default of or happens .,.in It EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' PEES; COLLECTION COSTS. If Granror bruches any covenant m this Security Instrument, Gasoline agree, on pay all cxprnsn Lefler n peK mmng such etvc ams or praecrmg its ace mry interest to the Property Such a 1.1 include, but arc nor hided to, fen rrrcuned far impacting. preserving, or Otherwise protecting the Property and Lendcis ucunry murex The,, ..pangs an payable m dcmad And well bats mmuo ham lhe duo of payment until pad in hull at the higher at, of normal an effect as provdd in the tams of the Secured Data, Gontar agree, Ica pay ell nova And e.pensa mcancd by Lender m collecting, enforcing or protecting Lander's nghu and remedies under the, Security Instruments Thus ,mint may include, bur o rot limited Ica, nmmeys' fifes. court cogs, and other legal expenses, To the gun, pemrued by ma United Sum Banknnprcy Code, Guntur Agnes m pay do nascr abh auomcyi fees Lender incurs to collect We Secured Debt as Awarded by any toms exerugng )unsda,mn under the Barfkrapmy Code This Secunry Insinuator shall remain in effect gad released Grantor agree, to pay for any mcordaum casts of such ,If. IAwN NO 130703 DRIGINAI. ..'A 1—Mme4frit. ,,,trsm, r soav a w ns SNOHOMISH,WA Page 4 of 8 Printed on 625/2008 7:58:57 AM Document: TDD 2006.06300848 Branch :GOS,User :SAN2 • Order: 5610580 Title Officer: JC Comme • Station Id :EEYG 200606300849.005 11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES As used in this swoon, (1) Environmental Law means, wish., lurfun n, the Comprehensive Environmcnlal Response, Compensation and Liability Act tCERCLA, 42 U S C 9601 is scq ), and all other federal, sum and local law,, regulanmn, orduuners, coin orJcn, anomcy 8cm.1 opinions or m¢ryrctivc Ieeen concerring the public health, safety, welLm, enmmmem or o hazardous substance, and l2) HararJous Subetance means any toxic, radioactive or hazardous material, waste, pollmsnt or canDern ear which has chancmnatiea which node, the substance demaera+ of pdemmlly dangerous to the public health, safety. wd fare or envtronmcm The 1. mcludcs, waboto bmnatmn, any subnarroes detfincd a 'haseadom material,' -toxic subumces,' 'hazards waue; 'harardess subaanee.' m 'regulated subsancF under any Crave—M-1 Law Gnnfm mp,.nt,, warrants and agfca,ma A except as previously disclosed ad ecknowledgd rat writing to Lerxkr. on Harardous Substance is or will be located, itoned or rcicasd on or in the Property This restriction does not apply so small......ties of Resod., Subxumes dal an genitally f—.p. cd m be a,mpnatc For the normal use and marnanAnce of IN Property s D Caccps as previously Enclosed and acknowledged] in writing to Lender. Gramm and every Imam have been, an, and shall remain in full compliance with any applicable Environmental Law C Unarm shall rmmeduscly notify limier if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or tier, a a vmhuon of any Enveronmemal Law comirmig the Property In such even. Grantor stall sake all necessary remedial action in accordance with any Rnvuonm,mal Law D Grantor shall immdiamly wufy Lender in writing as soon as Gramm his reason to believe then, is any pending or Uuealcned mvcatigemn, claim, m proceeding missing to the rcluic or ducamnrd release of any Hazardous Substance or the violation of any EnwomnenW Lew 12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise providd in a separate dgrccmrns Grantor will not be required to pay to Lender funds for taxes and meurence in excruw U. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security In tmmcm a c.fom, and individual If Gramm signs this Security Instrument bus does nor Argo an evidence of debt. Grantor does so only to mortgage Grimm's interest of the Property to scion, payment of tic Secured Debi and Greater does rim agree to be personally liable on the Second Debi If this Security Instrument secures a guaranty between Lends and Gramm, Graffiti agrees to waive any rights that may prevent Lender from bringing any action or claim against Granmr or any pony mdebled uder the obhga ton These nghts may include, but tie not honed m, any anti deficiency or ime action laws The dates am hcncfiu of this Secunry Instrument shall bind and benefit the succession and assignsof Granmr and Lender la SF.VERA6ILITV, INTERPRETATION. This Security Instrument is complete and fully integrated This Security Immsment may not be amended of modified by real agreement Any section in this Secunry Instrument. attachments, or any Agreement related to the Secured Debt that conflicts with applaeble law will our be cffcctwe. unless that law expressly or rmpliedly Perron, the vanarron, by wnnen agreement If any section of lit, Security Instrument cannot be enfinecd According to its terms, that section will be severed and will our affect the enforceability of the remainder of this Security Instrument Whenever used, Dar singular shall include the plural and the plural the singular The captions and headings of the sections of this Security Instmment are for convemence, only and are nor to be used to interpret or define the arms of rho, Security Instrument Time is of the essence in this Security Inurumen, 15, SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to tame remove Trustee and aplaml . u onset wnhe ui Any fine, fromaloy than (lie designation in writing The successor vusme, withoutsconveyonce of the Property, shall ear eed to all the tile, power and dunes cunfericd upm,'rmstec by this Security Instrument and appluatic law 16. NOTICE Unless mherwisc required by law, any .once shall be given by delivering it or by madmg n by both fin, doss mail and etthcr registered of certified aril, return recetpl requested, to the appropmle parry s address on page I of ton Security Instrument, or to any other addrns Acsigmued in writing Notice to one grantor will be deemed to be ounce in all grantors 17. USE OF PROPERTY. The property subfecl m this Deed of Trust is not used pnonpally for agricultural pursho cs 18. LINE UP CREIN r. The Secured Deb, includes a revolving Tim of Ardis Although the Secured Debt may be fc4mcd to a zero balance, this Secunry lawmen will motion in effect until released 19. APPLICABLE LAW. This Sceunly Instrument i5 governed by ,be laws as agreed to in the Secured Debt, except to IN extent required by the Iaws of the lunsdretton when she Property is Totaled, and applicable federal laws Aril regulation LOAN NO IS09793 OMCINAI. ylaw aMaa+rrwi +[ACYC aM r�afC,eROM1a niaTni `In .II� (ppr 5dal SNOHOMISH,WA Page 5 of 8 Printed on 6/25/2008 7:58:58 AM Document: TDD 2006.06300848 Branch :GOS,IIscr.SAN2 • Order: 5610580 Title Officer: 1C Comme. • Station Id :SF.Y(; -- 200808300848.0oe 20. RIDERS. The mvenams and agmemenlB of c¢h of the Others checked below arc IrlcoryonlN Into and supplcmcnt and amend the terms of this Sceunry Insuumcm lCbeek all applicable b nicsl ❑ Asvgnmcns of Leases and Victor © OlM HOME eVwTr Aare lase 21. MADDITIONALTERMS VARM111.1: MTV TIIE1NRPLITMArE ON l HE shrUGATIONSUVRE0PYTIIS Mn PT"C.F .May V APY ACCOI1.IN1: TO TIRE 1EP1149 OF THAT OBLIGATION Z7 SIGNATURES- By stgnmg below. Gruxur agmu m the rooms sual covenants corrial or this Sceunry Instmmelo and In any almchrncnts Grantor also ackrwwlrdgcs ccelp of a copy of this Sceunry lomrumcm Is. its date ..,ad on page I lFn how, ISaanwsloans) MCP ANCIE RYIMEP lostu (Suraus l ACKNOWLEDGMENT- STnreOEUx.61r\�A,y+V— COUNTY OF STohlhYvs" ITS I CRAIG That I know m have sunfanory evldcnG RV C0.AICT PEIMVR wNCIE Pf.IM[0. total NArc the I d10 uAl(s) who appeaicd before me, and said IndlvtdussIO) Acknowlcdgi,ti sAcJbethey signed this imlmment and aeknowledgcd P to be a ficc and volunury act fur the uses and porposcy mrry Dated l91LMIC" hhod m the no ment _1•``\kkys)su Ithf QF�J i .mw.np.,v,,t}- ;� .RT~ri My appomtmem upna i TO TRUSTEE.'No w 51"tatpry.d u fMO The unJersgned Is Ibe bolder of the nose or sums secured by this Deed of Trust Said stoic or antes, mgcther with all INN mdcbtcdnas mcurcd by this Deed of Trust, have been paid in (Ill You am hereby doccmd to camcl this Dccd of Trust, which is dcllvacd hcml and to rcconvcy. without wamnty. all do coodc row held by you unclear this Deed of Trust to rise person or person Icgally wulled therem lAYwoafwl cook Ywow) LOAN NO tS09703 R1. a- s..w.. — s, o..a w. I—arconamlw..1 .m 1 ORIGINAL 0- l Vs.., SNOHOMISH,WA Page 6 of 8 Printed on 6/25/2008 7:58:58 AM Document: 'FDD 2006.06300848 Branch :(jUS,USer:SAN2 • Urder: 5610)80 ' t lite Ult3cer: JC Comme • Station Id :rtY(; HOME EQUITY ACCESS LINE RIDER (Uprn ..it credit with ❑ fired rate ©variable at. rote") 200606300848.007 Thai Co..., Lrec R.dc,D Jand TUNE 11 , 30M do an amerdmcm m she Mortgage or Deed of Trost ('Mungsgi) of the same date given by the uMcrvgned, CRAIG T. REIMER AND ANGIE REIMER ("Bonovi to secure Durmwels Equity Ltrc Agreement with GULF SAVINGS BANK, A wASl11NC1'UN gfoCK SAVINGS BANK ("Lender") of the .arise date covering the property described in the Mortgage and located at Igs OLYMPIC VIEW DR. EDMU NDS, W ASHINGTON e111010 In addition to the covenants and agreements male in the Mortgage, tho mwer and Linder father cuvcrunt and agree as fallow; I The word'Note; is, used m the Mortgage and this Rider, refers to the Home Equity Access Line Agrcemcru 2 The Note evidences an open end revolving late of crash' agreement between Bwrowe, and Lendcr under which future advances may be made The amount stated in the Mortgage as the principal sum of the indebtedness is the credit I.mit for the line of credit All advances made a1 any time by Linder in accordance with the terms of the Note, and all interest on the advances, shall be secured by the Mortgage However, at no time shall the pnrxipal amount of the ttdebsednesv secured blithe Mortgage, not including sums advanced in accordance wdRlhe Mortgage to protect the security of the Mortgage, exceed the stated credit limit for the line of credit 3 The Nose provides for ❑ a fixed ram of nnerest expressed as a daily periodic rate of % Thrs eaneepmds to an naual percentage Use, of Ye [] a variable rate ofreterest expressed as a daily periodic fare equal to 1/165 of an scural are of ISO %plus the "Index Rate' The daily pcnodre rate may Rnrease If the highest prime rate published in no Wall Street Journal "Money Rates" table (the "Index Rate") increases no initial daily penodur rim is 0123 %, which corresponds to an Initial annual percentage race of a I W % The annual percentage rate will never be more than IIANA % The daily paned¢ rate will be Wluued on the day the Index Rate changes An mcrevsa in the daily periodic roe may mcreaec the monthly paymem due NOTICE }'NOS MORTGAGE SECURES CREDIT IN THE AMOUNT OF 250,MN LOANS AND ADVANCES UP TO THIS AMOUNT, TOGS 1IER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES SAAND LIENS. pate Date c Ic �r. RElmgx ANmE HOME EQUITY ACCESS LINE RIDER Dane Snwo rue mu, wr.mmsn LOAN NO: 114(1m ORIGINAL SNOHOMISH,WA Page 7 of 8 Printed on 6/25/2008 7:58:59 AM Document: TDD 2006.06300848 Branch :GOS,Uscr :SAN2 Order: 5610580 Title Officer: 1C Comme. Fidelity National Title Company of Washington ALTA Commitment, Page 2 Order No 1008393 LEGAL DESCRIPTION PARCEL A: All that portion of Lot 15 and the Southwesterly 60 feet of Lots 7 and 16, Block "C% EDMONDS SEA VIEW TRACTS, according to the Plat thereof recorded in Volume 3 of Plate, Page 76, records of Snohomish County, Washington, lying Easterly of the paved highway, Together with vacated Olympic Avenue abutting upon and adjacent to the South 60 feet of said Tract 16 and to all of said Tract 15 Situate in the County of Snohomish, State of Washington PARCEL B: An easement for road over and across the Southerly 20 feet of that portion of vacated Olympic Avenue lying between the Southerly line of Tract 15, produced Southeasterly to the Southeasterly line of Olympic Avenue and the Southerly line of Tract 12 produced Southeasterly to the Southeasterly line of Olympic Avenue Situate in the County of Snohomish, State of Washington. PARCEL C: An easement for road over and across the Southwesterly 25 feet of Tract 12, lying Easterly of paved highway and vacated Olympic Avenue abutting upon and adjacent to the Southwesterly 25 feet of said Tract 12 Situate in the County of Snohomish, State of Washington. NOTE FOR INFORMATIONAL PURPOSES ONLY The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65 04 Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. Ptn Lot 7, 15 and 16, Block 'C', EDMONDS SEA VIEW TRACTS This property is located in Snohomish County. Recording to be delivered to - Fidelity National Title Co , 3500 188th St SW #300, Lynnwood, WA 9BO37 Station Id :EEYC 200606300848.008 SNOHOMISH,WA Page 8 of 8 Printed on 6/25/2008 7:59:00 AM Document: 'rDD 2006.06300848 Sound View Place J h 39'28'07' E (Basis of Bearings)• isu.uu" _-_K 39'2E C7E-- '�( S r 760.48' oev 05 vpp p[ (Mere PmQ V j me �,ct I Lct 5 Lot 6 / `rp- Lot 7 / O. �g r of / S b9i S Q1,G — � - 0----- s — Mf o ti r.b`6 p0 ID g,5 4 / 4 i / /Lrn '4 m Lot 15 a Lot 16 O / p 4 f Zoning RS-12 Parcel B b CO r Parcel A 13,135.8 Sf 14 17,448.7 St N O r 71X.W (evvo'A Ral: N RECORDING CERTIFICATE N 39'2B'07" E 530.00 20' Road Easem,erl SURVEYOR'S CERTIFICATE This -noc 'Er'ese--c 'te C r.ndel m, CrE bCO rec_i•orcrfs c:f t. �.r're. 'he 'e7ue o`— =Ra_ P_'•ya'./._7T— _ r _uNE <DGE - - _ _ -- u Vacated Olympic Avenue 100.00' r 60.00' N 39'28'07" E j150.00' �z MERIDIAN PLAT GRAPHIC SCALE -.o o :n 1 0 rc cN FE_ 1 40 h. SURVEY IN THE: �.L. '/=. \.F. 14 SE:. ,AW, RECORD OF SURVEY HHMMCRABY, Craig Reimer C NECNEDr SHEET NLE 186p7 `J:yD,C VieP.' L':c0 OF C'J n-iGnC)5. l)YA 98020 PROJECT• UUUUS 3 EMERALD LAND SURVEYING, INC. DATEI PO BOX 1S89e MILL CREEK, WA 98082 PIN, (42S) n9-7198 8/9/08 Exhibit 7 01 r, I of 6 / Fh Lot 7 / 1 9 i ! O "*4 i 9g. i f �gi OS i I i i i i i - c: to z m Lct :5 Parcel B 18,544.5 Sf Zoning RS -12 Lot Line C �-Exleting Lot Line i e3 woos Oec4 in cN .-. .__ ___. Pon. 3 Pana ` <. U y� eone.ae glaeo-kacated Olympic Ave AC v a o,nre.er Parcel A -1 '9- 6A 12.040.1 Sf' 9 Cme� 20' Easement _I Di \ 1 Io t� 55-- SS 5 55 og N 39<28'07' E 160.00' AwF011 gnvewOY --�I I_ol 69 roc RECORDING CERTIFICATE - ec tc• reccrc th-s dcr 01 _ �. Ct1F___. r'N"CrtlS SNOri01A15��c-'I, no5hr,gzGn of th;Ie rea.;r :2v`A- EBLE— SURVEYOR'S CERTIFICATE --is Ir'.o;: ep-ese-:s c 5,-vet mode by rre or ,r dpr .9i:eC:ior cc,lorr'once witl- ;he rye a Or r-e 5w.r. 4ecorcieg 4.t of ;re 'ecueciC CKA'G �-'IAES "r ..UN! 200E. 0 Angle Iran eta Angle Iran Lo. 68 MERIDIAN PLAT GRAPHIC SCALE -20 c +c Ic g :ry ICET• I :.cr = 20 '1 CURVE TABLE _ CURVE I LENGTH I RADIUS DELTA i CHI 86.301 593.08 "D-14"I PROPERTY CORNERS Pi Found Reba, & Cap, LS 17665. 1,31' HE & 2.42' NW F2 Found T" Open IP, 16.43 SW & 3.71' NV: SURVEY NOTES INSTRUMENT USED: SOKKIA SET 5 EOM METHOD USED: FIELD TRAVERSE APPROXIMATE POINT ACCURACY: 40.05' SHRVFY MEETS OR EXCEEDS STATE STANDARDS PER WAC 332-130-090. MONUMENTS SHOWN HEREON WERE VISITED ON APRIL 23. 2008, THE INEORMAOON SHOWN ON THIS MAP REPRESENTS THE RESULTS OF A SURVEY MADE ON THE INDICATED DATE AND CAN ONLY BE CONSIDERED AS THE GENERAL EXISTING CON011ION AT THAT OML NO EASEMENTS, RESTRICTIONS OR RESERVATION OF RECORD WHICH WOULD BE DISCLOSED eY A ❑'LE REPORT ARE SHOWN. VERTICAI. DATUM - NAVE) BE CONTOUR INTERVAL - 2 FEET BENCH MARK: POINT NAME: 2703125. '. 1/2' IP w/ Ncil Down 0.48' in Case at the nt of 188t1- St SW & 92rd Ave W. E'ee 289.154. SURVEY IN THE: S� 1/4. 'J: 1/I. c:( I 271, !dF- c 4.N RECORD OF SURVEY 'MMMwN BY: Craig Reimer C SHEET ECNEID: , 8c,-,7 C"yrn-lc i CV. E'r ,e OF E nnnr.d S, WA JK;20 PROJECT: 08905 i EMERALD LAND SURVEYING, INC. DATE: PO SOIL 13SW MILL CREEK WA 9111 2 PH. IAs5) 359-7196 6/9/08 PARCEL A (EXISTING) ALL THAT PORTION OF LOT 15. BLOCK C, EDMONDS SEA V:EW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76. RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF THE PAVED HIGHWAY, TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO ALL OF SAID TRACT 15. SITUATE IN THE COUNTY OF SNOHOMISH. STATE OF WASHINGTON. ALSO TOGETHER WITH AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT FORT;ON OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15. PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE GIY:THEACTFRIY IINF OF DI YMPIr AVFNIIF ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHWESTERLY 25 FEET OF TRACT 12. 'LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12: SUBJECT TO A INGRESS, EGRESS AND PARKING EASEMENT OVER AND ACROSS THE SOUTHERLY 3 FEET OF SAID PORTION OF TRACT 15 AND VACATED OLYMPIC AVENUE ADJOINING, RECORDED UNDER SNOHOMISH COUNTY AUDITOR FILE NUMBER 199909300462; RECORDING CERTIFICATE =ilec `e' reco'C :hs cv., c -ozc_.. 'C6c•CS C' SNOHCM'SH Cc,n]y, .. _s•fro�;gl O; :F.e 'eq Ufst p( BR_NI THIF. PARCEL B_(EXISTING) THE SOUMMESTFRLY 60 FEET OF LOTS 7 AND 16. BLOCK C. EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. 'LYING EASTERLY OF THE PA'JED HIGHWAY. TOGETHER NTH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SCUTII 60 FEET OF SAID TRAC- 16. SITUATE IN THE CCUNTY OF SNOHOMISH. STATE OF WASHINGTON. ALSO TOGETHER WITH AN EASEMENT FOR ROAD OVER AND ACROSS THE SOL'THER„Y 20 FEET OV THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15. PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY I IMF OF OF YMPIC AVENUE AND 74F SOUTHFRI Y I IMF OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS ME SOUTHWESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ACJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12. SUBJECT TO AN EASEMENT FOR WATER PIPELINE OVER, UNDER AND ACROSS THE NORTHERLY PORTION OF SAID PROPERTY RECORDED UNDER SNOHOMISH COUNTY AUDITOR '11LE NUMBER 1099845 (NOT PLOTTABLE). SURVEYOR'S CERTIFICATE -his -roo 'eDresenfs C sxT ,. mace ny Poe cr Under my ctrrclion i- c,,fc:,once 'eilh the Teoji,errents of Inc- 5,;rvey Rt:;ordr c A, I O: :he 'e0uest O` CRA:G RE:ME_ F in .uNE 1 2008 �/�� PARCEL A (PROPOSED) THAT PORTION OF LOT 15 AND THE 5OUTHWESTERLY 60 FEET OF LOT 16, BLOCK C, EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT 'HEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. LYING EASTERLY OF THE PAVED HIGHWAY. TOGETI-ER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHEASTERLY 60 FEET OF SAID TRACT 16 AND TO ALL OF SAID -TRACT 15 LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID SOUTHWESTERLY 60 FEET OF 'RACT 16, THENCE 5 5C'31'53' E ALONG THE SOUTHEASTERLY PROJECTION OF THE NORTHEASTERLY MARGIN OF SAID SOUTHWESTERLY 60 FEET OF TRACT 16. 60.00 FEET TO THE. SOUTHEASTERLY MARGIN OF SAID VACATED OLYMPIC DRIVE; THENCE S SAID MARGIN 160,00 FEET TO A POINT OF INTERSECTION NTH THE SOUTHEASTERLY PROJECTION OF THE SOUTHWESTERLY MARGIN OF SAID TRACT 15; THENCE N 50'31'58' W ALONG SAID MARGIN, 10.00 FEET: THENCE N 12'54'08' E, 22.36 FEET; THENCE N 5031'58' W, 45.00 FEET; THENCE N 22'27'36' W, 17,00 FEET; THENCE N 39'28'07" E, 72.00 FEET; THENCE N 21'02'DO' E. 63.25 FEET TO THE NORTHEASTERLY MARGIN OF SAID SOUTHWESTERLY 60 FEET OF TRACT 16; THENCE S 50'31'53- E ALONG SAID MARGIN. 4000 FEET TO THE TR'JF POINT OF BEGINNING; CONTAINING IN ALL 12,040 1 SCL'ARE FEET. SITUATE IN THE COUNTY Or SNOHOMISH, STATE OF WASHINGTON ALSO 'OGETHEP WITH AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15. PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS -HE SOUTHWESTERLY 25 FEET OF TRACT '2, 'LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12: SUBJECT TO A INGRESS, EGRESS AND PARKING EASEMENT OVER AND ACROSS THE SOUTHERLY 3 FEET OF SAID PORTION OF TRACT 15 AND VACATED OLYMPIC AVENUE ADJOINING. RECORDED UNDER SNOHOMISH COUNTY AUDITOR FILE NUMBER 199909300462; ALSO SUBJECT TO AN EASEMENT FOR WATER PIPELINE OVER, UNDER AND ACROSS THE NORTHERLY PORTION OF SAID PROPERTY RECORDEC UNDER SNOHOMISH COUNTY AUDITOR VILE NUMBER 1099845 (NOT PLCTTABLE) PARCEL B (PROPOSED) THA- PORTION OF LOT 15 AND THE SOUEI-WESTERLY 60 FEET OF LOT 16. BLOCK C, EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT '4 EREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76. RECORDS OF SNOHOMISH COUNTY, WASHINGTON. LYING EASTERLY OF THE PAVED HIGHWAY. TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHEASTERLY 60 FEET OF SAID TRACT 16 AND TO ALL OF SAD TRACT 15 LYING BETWEEN THE SOUTHERLY LINE OF TRACI 15. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID SOUTHWESTERLY 60 FEET OF TRACT 16; THENCE N 50'31'53' W ALONG THE SOUTHEASTERLY PROJECTION OF THE NORTHEASTERLY MAHON OF SAID SOUTHWESTERLY 60 FEET OF TRACT i6, 40.00 FEET TO THE TRUE POINT OF 3EG!NNWG; THENCE CONTINUING N 5031'53' W ALONG SAID MARGIN. 136.31 FEET TO THE FASTFRIY MARGIN OF SAID PAVED HIGHWAY; THENCE S 09'22'56' W ALONG SAID MARGIN, 95 29 FEET TO A POINT OF CURVE. SAID CURVE BEING CONCAVE TO 'IHE SOUTHWEST AND HAVING A RADIUS OF 593.08 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08'20'14', AN ARC DISTANCE OF 86.30 FEET TO THE SOUTHWESTERLY MARGIN OF SAID TRACT 15; THENCE S 50'31'58' E ALONG SAID MARGIN AND ITS SOUTHEASTERLY PROJECTION, 140.85 FEET; THENCE N 12'54'08' E. 22.36 FEET; THENCE N 5031'58' W. 45.00 FEET; THENCE N 22'27'36" W, 17.D0 FEET; THENCE N 39'28'07' E, 72,00 FEET; THENCE N 21'02 OC' E. 63.25 FEET TO THE -RUE POINT OF BEGINNING; CONTAINING IN ALL 18.544.5 SOUARE FEET. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. ALSO TOGETHER WITH AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF T4AT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT -5, PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT ;2 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHWESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO ME SOUTHWESTERLY 25 FEET OF SAID TRACT 12; SUBJECT TO A INGRESS. EGRESS AND PARKING EASEMENT OVER AND ACROSS THE SOUTHERLY 3 FEET OF SAID PORTION OF TRACT 15 AND VACATED OLYMPIC AVENUE ADJOINING, RECORDED UNDER SNOHOMISH COUNTY AUDITOR FILE NUMBER 199909300462; ALSO SUBJECT TO AN EASEMENT FOR WATER PIPELINE OVER, UNDER AND ACROSS THE NORTHERLY PORTION OF SAID PROPERTY RECORDED UNDER SNOHOMISH COUNTY AUDITOR FILE NUMBER 1099845 (NOT PLOTTABLE). SURVEY IN THE: 1 ' /4 •.T 13 'AT'. 'L . Rf! 'T HIUMMYM Rr, RECORD OF SURVEY SHEET Craig Reimer CH CREDI BLE .•`�8'�QQ OF _CT'D'rJS. '. ��:, PROJECT: 08905 3 EMERALD ITHII SURVEYING, IRO. DATE ►D DOII 1SSW MILL CREER, INA SSOSi PH. (425) 051-7198 8/9/08 is -,nc.18913 August 20, 2008 CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 WabSlte: W Ci.BdrnOWS.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning - Building • Engineering Craig Reimer 18607 Olympic View Drive Edmonds, WA 98020 Subject: Lot Line Adjustment: Application Number PLN20080052 Mr. Reimer: GARY HAAKENSON MAYOR Upon initial review of your application for a lot line adjustment (LLA) for you property at 18607 Olympic View Drive, it was determined that the parcels which you are proposing a LLA are actually a single parcel pursuant to ECDC 17.40,030 Nonconforming Lots. Parcel B is nonconforming in regards to width. Your property is within the RS-12 zone which has a minimum lot width of 80 feet; Parcel B is only 60 feet wide. ECDC 17.40.030.0 states: Combination. If, since the date on which it [the lot] became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code, except as specifically provided in subsection D of this section. Since both parcels are contiguous and have been under a single ownership for some time, Parcel A and Parcel B are deemed to have been combined pursuant to ECDC 17.40.030.0 and thus are a single parcel. A Lot Line Adjustment is not appropriate as there is only a single parcel. If you wish to create two parcels as depicted on Sheet 2 of your survey materials, you may apply for a short plat subdivision. Given that City would be unable to approve your request for a lot line adjustment, you may choose to withdraw your application and receive a refund of your application fees. If you wish to withdraw your application, please submit a request in writing. Note that the processing of your application will be on hold until a response is received from you. Please feel free to give me a call if you have any questions, 425-771-0220 x1223. Incorporated August 11, 1890 Sister City - Hekinan, Japan Exhibit 8 Sincerely, O Kemen Lien 4 Associate Planner City of Edmonds, Development Service Department Encl: ECDC 17.40.030 Nonconforming Lots Summary of Residential Site Development Standards Handout Short Subdivision Submittal Requirements September 8, 2008 Kernen Lien Associate Planner City of Edmonds Planning Division 121 5' Ave. N Edmonds, WA 98020 Re: Craig Reimer/Eaglewood Homes LLA letter dated August 20, 2008 Dear Mr. Lien, Thank you for your consideration of Mr. Reimer's LLA application for the property located at 18607 Olympic View Dr. Mr. Reimer and I have gone over the City's initial letter on this matter in detail and while we agree with some of the conclusions we don't necessarily agree with the final conclusion that a lot line adjustment is not the appropriate tool to correct the problem. First, your letter correctly quotes from ECDC 17.40.030.C: "Combination. If, since the date on which it the lot became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code except as specifically provided in subsection D of this section." However, while the code states that nonconforming lots are "deemed" to be combined it is untrue that there is now only one lot. There are still two legally described parcels, and while the City may consider/deem them be one parcel for purposes of issuing permits, the only way to make them one parcel would be to complete a LLA and record it with the county that abolishes the interior lot lines. However, this would require the City to process a LLA to correct a nonconformity. A similar situation to the City deeming the property to be combined is the current status of the property with the Snohomish County Assessor. However, in that case, at the request of a previous property owner of this property, the County "combines" the two lots as one lot for tax purposes. This does not actually change the legal lot status. It is for tax purposes only, however, it does explain why the County's parcel records currently show only one lot. Mr. Reimer can change this by simply requesting the county to segregate the lots back into the original platted lot lines. I believe the City's code uses the word "deemed" because it allows property owners a simplified way of applying for building permits when they have multiple small parcels (for example in downtown Edmonds). To support this position, when you continue to apply the entire context of ECDC17.40.030 — Nonconforming Lots, the whole point of the City "deeming" lots to be combined is to preserve the character of Single Family Residential zones by ensuring that lots that are too small and not in keeping with other lots in the neighborhood and zone can not be built upon. In this case, Mr. Reimer has two legally described lots. Further, Mr. Reimer's two platted lots, depicted on the submitted survey, show lots that meet the required lot area for the RS-12 zone. Granted, the eastern lot does not comply with the minimum lot width requirement for the RS-12 zone. However, isn't this one of the principal purposes for which Lot Line Adjustments were created for, to correct nonconformities7 The proposed Lot Line Adjustment would move the internal lot line to make two lots that comply with the RS- 12 zoning district for width, area and setbacks. Thank y for your co ideration in this matter. Since Ste Bullock Exhibit 9 fhc.1890 CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 9W20 • (425) T71-a= • FAX (425) 771-0221 Webs11B: WW.v,uedmonds.W us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering September 23, 2008 Steve Bullock 21402 801" Ave W Edmonds, WA 98026 Subject: Reimer Lot Line Adjustment Application Mr. Bullock: GARY HAAKENSON MAYOR It was nice meeting you last week. This letter is intended to summarize our discussion on Friday September 19, 2008 regarding the proposed lot line adjustment for Mr. Reimer's property located at 18607 Olympic View Drive. The City of Edmonds has determined that the two lots have been combined consistent with ECDC 17.40.030.C. As such, Parcel B on the proposed application is a nonbuildable lot and thus a lot line adjustment could not be approved per ECDC 20.75.050.C.5. While a lot line adjustment is not the appropriate avenue given the current situation of the property, a short plat subdivision could achieve the desired layout as depicted on sheet two of the lot line adjustment application. If Mr. Reimer's decides to pursue a short plat subdivision, please submit in writing the intent to withdraw the lot line adjustment application, and the City of Edmonds may be able to refund some of the application fee for the lot line adjustment. Please feel free to give me a call if you have any questions, 425-771-0220 x1223. Si rely, a ernen Lien Associate Planner Cc: Craig Reimer, Property Owner Rob Chave, Planning Manager • Incorporated August 11, 1890 Sister City - Hekinan, Japan Exhibit 10 STEPHEN BULLOCK 21402 80"' Ave. W., Edmonds WA 98026 tim. (425) 670-2885, Cell (425) 501-6038 October 7, 2008 RECEIVED Kemen Lien OCT 02008 Associate Planner City of Edmonds Planning Division DEVELOPMENT SERVICES 121 5" Ave. N COUNTER Edmonds, WA 98020 Re: The City's determination that PLN20080052, a LLA, can not be processed Dear Mr. Lien, Mr. Reimer would like to appeal the City's determination that Lot Line Adjustment PLN20080052 can not be processed or approved. As we understand it, the City's position is that: 1. A Lot Line Adjustment can not be used to transform a non -buildable lot into a buildable lot (see ECDC 20.75.050). 2. One of Mr. Reimers lots is a non -conforming lot (due to the fact that it doesn't meet the required lot width of the RS-12 zone) it is "deemed to be combined" with his adjacent parcel (see ECDC 17.40.030). 3. The fact that the two lots have been "deemed to be combined" makes the nonconforming lot a non -buildable lot. 4. Therefore, a Lot Line Adjustment can not be approved since it would transform a non -buildable lot into a buildable lot. We have several reasons why we believe that this is an incorrect interpretation of the code, and why the Lot Line Adjustment should be approved. First, much of the rational for the City's interpretation revolves around the definition of the word "non - buildable". Since we were unable to find any definition of the term in the Development Code we are left to assume that it has the normal and common meaning of the word or term. In this case, non -buildable is not in the dictionary but unbuildable is. In either case, they describe something that either can't be built or is unsuitable for building. When applying these definitions to a piece of land it would imply that a lot was too small to physically be built on or that there was some physical condition, i.e. a wetland, which makes the lot unbuildable. In this case, the lot the City is calling unbuildable is 60' wide, over 12,000 sq. ft. in area and physically suitable to build on. We believe the City's position would make more sense if the lot was 20 feet wide or if was encumbered by some condition that made it unsuitable to build on, but that is not the case. Second, the section of the Code that the City relies upon to make that non -buildable claim (ECDC 17.40.030.0 Nonconforming Lots - Combination) states, "Combination. If, since the date on which it the lot became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code except as specifically provided in subsection D of this section." There are a couple of statements here that are crucial in applying this section correctly to this case. The first statement is that the lot(s) can be used in accordance with the provisions of the ECDC. This implies that the lot is still buildable although in accordance with the provisions of the ECDC. Nothing is stated that Exhibit 11 should lead the City to determine that the lot is non -buildable or that the combination can not be undone if the lot were to be made conforming. The second statement is the exception to the Combination requirement, where it states, "except as provided in subsection D". Section D states, "Exception for Single -Family Dwelling Units. An applicant may build one single-family dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies: 1. In an RS zone, such nonconforming lot maybe sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: a. The lot area of the nonconforming lot is not less than the minimum lot area specified in the table below for the zoning district in which the subject property is located, and b. Community facilities, public utilities and roads required to serve the nonconforming lot are available concurrently with the proposed development, and c. Existing housing stock will not be destroyed in order to create a new buildable lot, and d. The proposed development of the lot is generally consistent with the character of the surrounding neighborhood." I have not included exceptions 2-5 because exception 1 does apply and the lot that the City has determined to be "Combined" and therefore non -buildable, meets all the conditions and standards listed under exception 1. First, Section D, Exception 1 states that in the IRS zone, a nonconforming lot may be developed. This further supports our belief that the lot should be able to be considered a buildable lot. The second thing we would like to point out with Exception 1 is that the only things that only things that would be reviewed are conditions and standards a-b. For item "a" the minimum lot area is 8,400 sq. ft. in the RS-12 zone. Mr. Reimers lot is over 12,000 sq. ft. Item "b" requires that community facilities, utilities and roads are available before the property is developed. All those things are currently available to the site. Item "c" requires that no new housing stock be destroyed. No existing housing stock will be destroyed as a result of either the current Lot Line Adjustment application or further development of the lot. Item "d" states that development of the lot will generally be consistent with the character of the surrounding neighborhood. In our case, the proposed Lot Line Adjustment would result in two lots that would comply in every way with the RS-12 zoning code. This will absolutely be consistent with the character of the surrounding neighborhood. For all these reasons we believe that the City should complete the review of the proposed Lot Line Adjustment and approve it. Thank you for your consideration in this matter. Sincere) 4Z& i- Steve Bullock C. 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Lra ..r•e .f 4 ' rl � ; .0 yt �Lr. lz ct T ��{,] Oo q4 I'1u M° ♦ Nn « n m Oa ry 0a y O - f � � I t f ^�J 3° u r_ - < ^I " n M w M w N n 4 L t° •n' 0` l •. f�Cy+ yy I s . n o I r a. � m W •� 4' w s `^ +I f " f I � fd . \ I y r. � � C y � ^ 1 m � 2 � i - . � •_ • - ,il: YJ:• tjo ICU LOIL A43JAJ-----M-3AV--GN66---- CO-Z?-Cl-MN Exhibit 13 FILE NO.: AP-08-6 APPLICANT: REIMER NOTICE OF HEARING AFFIDAVIT OF MAILING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Diane M. Cunningham, first duly sworn, on oath, depose and say: That on the 23rd day of October 2008, the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed Subscribed and sworn to before me this CK'J day of V , No u lic in and fo a State of Washington. vr Residing at -;�5�IILL9�1 Exhibit 14 FILE NO.: AP-08-6 APPLICANT: REIMER NOTICE OF HEARING AFFIDAVIT OF POSTING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Kernen Lien, first duly sworn, on oath, depose and say: That on the 23rd day of October 2008, the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Civic Center and the Library, and where applicable on or near the subject property. 0 Signed Subscribed and sworn to before me this !' 3 day of 49e✓ 000 No a P blic in and f r he State of Washington. Residing at —(d /%�(y2_ ��i A)4 0 � cr 2 CD � � 0 ®2o 2 e o 0 . � 8 ; ■ '�■�■ ■;� in�72 E- ¢k�_ � 7a1, 0 0 0 0 ri- 0 4 0 0 00 9 4 0 0 0 n°■ ° w l w w§ 0 « 0& E ,-s mCLVa � ! »� 0a oe ! a. Q. om ) \ $ r��E / ;ID . � 2 � � | ° ! 5 ■ 0 0 0 0 o r E $ go z z ■ ■ 0 z ■ I . k @ kET 0 3 R 0 :3 Z 0 rol m 0 D O� R� m 0 kg -n CD/m # CL 2 00 0 § & 7 §. m ex om 0 7 �. m S m 2) k� � Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOMISH } S.S. RECEIVED NOV 0 4 2008 Account Name: City at Edrn rM The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Notice of Application and Hearing Craig Reimer, Project No. AP-08-6 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: October 23, 2008 and that saidnewspaperwas regularly distributed to its subscribers during all of said period. AU/M 7_ l Principal Clerk Subscribed and sworn to before me this 23rd day of October, 2008 Notary Public in and to the S Oof tdo,, ftii 10% F , Snohomish County. �.�aattgyr It, Eir lotZ' Ilk �ii rz a 'p i i 1Ci vl __. Attwnt Num6or Iota 1(Y� 5 pUBV 0 (Coat (mmbei: 0001619231 iT.�IMa it. STEPHEN BULLOCK 21402 80" Ave. W., Edmonds WA 98026 Hm. (425) 670-2885, Cell (425) 501-6038 November 18, 2008 Hearing Examier City of Edmonds 121 5" Ave. N Edmonds, WA 98020 Re: Reimer Appeal arguments Dear Madam Hearing Examiner, The following is a summary of Mr. Reimer's position regarding the City's determination that his Lot Line Adjustment, PLN20080052, can not be processed or approved. There are two applicable code sections to this matter. On the first section, ECDC 17.40.030 Non - Conforming Lots, we have the following thoughts: • We agree that Parcel B is a non -conforming lot due to lot width; • We agree that the City has "deemed" it to be combined; • Nothing in ECDC 17.04.030 would imply that a non -conformity could not be corrected and the City's consideration lifted. Why would the City have a provision that requires combination? In a jurisdiction that was established in 1890 where many lots were platted or created long before the City's subdivision and zoning ordinances came to be (1956), many lots don't meet the minimum lot area or width required under today's code. The section requiring the City to "deem" these lots to be combined is actually a benefit to property owners in that it clarifies how bulk regulations are to be applied. Building permits could be submitted without having to resolve issues related to interior lot lines, like setbacks. At the same time, use of the word "deem" further clarifies the informalness of the relationship. The lot line is never dissolved or abolished. Nothing is recorded. The word itself means "to consider" or "to have an opinion". Any desire a property owner might have to formalize the City's "deeming" of their properties to be combined would require them applying for a Lot Line Adjustment to abolish the interior lot lines followed up with the required recording documents. In their narrative, the City continues to make the case that once they have "deemed" a property to be combined, the individual lots cease to exist. We absolutely disagree. The second code section in question is 20.75.050 Lot Line Adjustments. The City's position is that Mr. Reimer's Lot Line Adjustment does not comply with either criteria 1 or criteria 4 in the Lot Line Adjustment criteria for approval. Criteria 1 states a lot line adjustment can not be approved if a new lot is created and Criteria 4 states that a lot line adjustment can not be approved if a non - buildable lot is being transformed into a buildable lot. In the City's report they state that since the property has been combined, allowing a lot line adjustment would be making a new lot. I believe we have submitted enough information by way of a licensed survey that there are two separate parcels and no new parcel is being created. If the Hearing Examiner does not agree with the City's position on Criteria 1 then their second case is that the Lot Line Adjustment would be transforming a non-buildbable lot into a buidable lot. Our position is again contrary to the City's. There is nothing related to the physical characteristics of the property that indicate that this lot is not suitable for development. For all of these reasons, we request that the Hearing Examiner determine that Mr. Reimer's proposed Lot Line Adjustment complies with the Lot Line Adjustment criteria that it be approved. Thank you for your consideration in this matter. Sincerel Steve Bullock C. Craig Reimer 18607 Olympic View Dr Edmonds, WA 98026 Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOMISH } S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk or THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Notice of Application and I [caring Craig Reimer, Project No. AI'-08-6 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and limes, namely: October 23, 2008 and that said newspaper was regularly distributed to iG sabs'nber during all of said penod. I'rinapal Clerk Subscribed and sworn to before me this 23rd RECEIVED day of October, 20 NOV 0 4 2008 EDONDS' CMCLERK Notary l'uhlic in and M �U Count v: SJ Acmunl Name. City'or Edmonds A.oa.nwameo, 1014161 •., ,�NO UiA-LVmher 0001619231 5-19 �z. OP Wp\,6`� 2 c � 2 � c . R ■q W � §/o � 0 � # 6 ■ ■oLL - § 0 Cc gJ . � CL Q % ■ Q 0 2 o % f ) \ « © § c 7 . /' \ g % j 2 § ) to §) 2 § § « « « ■ ■,� 0 a z z z z x .2 k \/ C: n n n n n n ] }) - | ■ 2 ` i ■ | k k B \ CL �) \ \ ■ . a ! CL Ev] - E lu c 2! a £`° ) ■2�s2 ICL2§ §:2\k') E2�do s o� '__■� %\ ■■o.a Jack §oO\) . 'cc a) �U �\ k c§CL lu 22Ca .g {§ )¥ F � c_ i\ E B ®�� CL q \ )i - F 0®� § .j )) or o o /-k�I A 0 CL�� 2co /§ y$. 2 2 .00 -§ C @ 2 - 40 202,E 4 \ g u o o■ «a8�■ 4 Q n n n n n \d \ƒ k 0075 co § \ / ca.ƒ i / 2 \ \ ) _ % o a 7 x / _ g k 3 1w i i . 3 2 6 ADJACENT PROPERTY OWNERS LIST Attach this notarized declaration to the adjacent property owners list. On my oath, I certify that the names and addresses provided represent all properties located within 300 feet of thg subject properjy. or Applicant's Representative Subscribed and sworn to before me this day of Otpj? a�8 Notary ublic in and fort tate of Washington R'esiding at APO.000 434600300701 434600301601 •434600300802 Craig Reimer Nathaniel Brown Lee Salazar 18607 Olympic View Dr. 18529 Olympic View Dr. 18515 Olympic View Dr. Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 434600300901 565600100100 434600004304 Lee Sal Douglas Anderson Olav Sola 1851 lympic View Dr. 18427 Olympic View Dr 18500 High St Ed onds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 434600004301 434600006801 434600004202 Lee S Robert McCalum Olav S 185 Olympic View Dr. 18620 94th Ave W 18 High St E onds, WA 98020 Edmonds, WA 98020 monds, WA 98020 434600006602 434600006802 434600006900 Michael Peirce Douglas Strong Vernon Louden PO Box 249 18624 94th Ave W 18625 Olympic View Dr. Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 434600006603 398900000100 398900000200 Raymond Martin Gary Ferran Constance Cohn 18704 94th Ave W PO Box 30981 18628 94th Ave W Edmonds, WA 98020 Bellingham, WA 98228 Edmonds, WA 98020 398900000500 434600006604 398900000300 Ann Hansen McClure Trust Marcia Patience Stephen Dwyer 18631 Olympic View Dr. 18716 94th Ave W 18709 Olympic View Dr Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 434600007200 398900000400 434600301402 Ronual Lee Jerry Lewis Steven Alfsvaag 18719 Olympic View Dr 18711 Olympic View Dr. 18627 Olympic View Dr Edmonds, WA 98020 Edmonds, WA 98020 Edmonds, WA 98020 434600301302 /6a 03 434600007202 Karl Zimonyi i Judith Stadele 16101 Larch Way Way 18715 Olympic View Dr Alderwood Manor, WA 98037 Manor, WA 98037 Edmonds, WA 98020 434600301101 434600300 434600301201 John Launceford John L ceford John La eford 18703 Soundview PI 1870 Soundview P1 18703 oundview PI Edmonds, WA 98020 E onds, WA 98020 Edofonds, WA 98020 434600300301 434600301202 43460030030 John Laun ford James Hoffman James Ho an 18703 S dview PI 16201 4th Ave SE 16201 Ave SE Edm ds, WA 98020 Bothell, WA 98012 Bot 1, WA 98012 AHMV-0"09-L uoilanjlsui,p 1uawa6jegi ap suaS 009LS ®AH3AV ujege6 al zasgnn ww•Ajane-MMM alma; et zalinsuo:) V jalad a sapel sallanbn3 434600301301 �43/nds, 00 Neil Robblee Nee 18610 Olympic View Dr 18pic View Dr Edmonds, WA 98020 EdA 98020 434600201800 434600300500 Susan Brennan Adam Armour 18608 Sound View PI 18606 Olympic View Dr Edmonds, WA 98020 Edmonds, WA 98020 434600201701 434600201602 Raymond Bogaert William Wilson 18600 Sound View PI PO Box 1689 Edmonds, WA 98020 Edmonds, WA 98020 434600300501 434600300602 Wayne Swift Catherine Nilon 18520 Sound View PI 1399 8th Ave N Edmonds, WA 98020 Edmonds, WA 98020 434600201100 434600201300 William W' son Walter Yeager PO Bo 689 18504 Olympic View Dr Edm ds, WA 98020 Edmonds, WA 98020 434/201�4 434600201403 KenLaurie King 185cView Dr. 18506 Olympic View Dr Edm 98020 Edmonds, WA 98020 434600200202 434600200203 Rohinton Merchant Theodo a 18500 Olympic View Dr 232 ve W Edmonds, WA 98020 Mou th lake Terrace, WA 98043 Steve Bullock" 21402 80th Ave. W. Edmonds, WA 98026 0434600201900 Steven Cook 18610 Sound View PI Edmonds, WA 98020 434600200900 Vicki Haynes 18602 Sound View PI Edmonds, WA 98020 434600201601 Willia ilson PO ox 1689 monds, WA 98020 434600201500 Mark Neudorfer 29 Young St. Newport, RI 02840 434600300801 Kenneth Skutt 18510 Olympic View Dr. Edmonds, WA 98020 434600201404 Jerry Morey 18 is View Dr Gd nds, WA 98020 434600200301 Howard Bobry 18416 Olympic View Dr Edmonds, WA 98020 T Tajnleaj 10ad Ase3 j01 e09tS(DA J3A%f I Laags uopnjlsul aa5 e jadedpaajT ,�-- @09LS31VldW31®Ajanyasn 1 slage3 10ad Ase3 0 FILE NO.: AP-08-6 APPLICANT: REIMER NOTICE OF HEARING AFFIDAVIT OF MAILING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Diane M. Cunningham, first duly sworn, on oath, depose and say: That on the 23rd day of October 2008, the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed Subscribed and sworn to before me this day of, IPA I,,/, ' JION14C)^J, 9-19_A�\ No'tapf"Pul5lic in and fo a State of Washington. Residing at C� • FILE NO.: AP-08-6 APPLICANT: REIMER NOTICE OF HEARING AFFIDAVIT OF POSTING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Kernen Lien, first duly sworn, on oath, depose and say: That on the 23rd day of October 2008, the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Civic Center and the Library, and where applicable on or near the subject property. 0 Signed Subscribed and sworn to before me this ;L 3 day of OSb e.r O03 o, "Oil �IJs��° _ No a P blic in and f r��e State of Washington. "°F„vn N; Residing at �d /%%/y i (l(k