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2016-10-27 Hearing Examiner AgendaAgenda Edmonds Hearing Examiner . ,HyCOUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 OCTOBER 27, 2016, 3:00 PM CALL TO ORDER PUBLIC HEARINGS 1. File Number APL20160001 - Appeal of the City of Edmonds denial of an innocent purchaser application (PLN20160026) for property addressed as 9114 - 240th Street SW with a tax parcel number 00463302000400. ADJOURNMENT Edmonds Hearing Examiner Agenda October 27, 2016 Page 1 2.1 Hearing Examiner Agenda Item Meeting Date: 10/27/2016 File Number APL20160001 - Appeal of the City of Edmonds denial of an innocent purchaser application (PLN20160026) for property addressed as 9114 - 240th Street SW with a tax parcel number 00463302000400. Staff Lead: Kernen Lien Department: Planning Division Prepared By: Kernen Lien Background/History N/A Staff Recommendation Staff recommends denial of the appeal. Narrative The subject appeal is in regards to the City of Edmonds denial of an innocent purchaser application for property addressed as 9114 - 240t" Street SW with a tax parcel number 00463302000400. The innocent purchaser application (PLN20160026) pertained to the "lot of record" status of the subject property. Edmonds Community Development Code (ECDC) 21.55.015 provides a definition for "lot of record" which essentially boils down to a property is a "lot of record" if the property was created through the subdivision process or a deed created the lot prior to July 3, 1956. A property that is not a "lot of record" may not be issued a building permit or other development permit. ECDC 20.75.180.A allows for an "innocent purchaser" to achieve "lot of record" status for a property if certain criteria are met. The appellants application for innocent purchaser status as allowed by ECDC 20.75.180.A to achieve lot of record status for TPN 00463302000400 was denied by the City of Edmonds because found the applicants did not comply with criterion ECDC 20.75.180.A.4. An innocent purchaser determination is a Type II -A decision pursuant to ECDC 20.01.003. A Type II -A decision is a staff decision with public notice which is appealable to the Hearing Examiner. The City's decision to deny the innocent purchaser application has been appealed to the Hearing Examiner. Attachments: APL20160001 Staff Report with Attachments Packet Pg. 2 2.1.a •"c. 189%J CITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Application: Appeal of PLN20160026 - Bragin Innocent Purchaser Application File Number: APL20160001 Date of Report: etober 20, 2016 G Reviewed By: K rnen Lien, Planner Appellants: Boris and Elena Bragin I. INTRODUCTION The subject appeal is in regards to the City of Edmonds denial of an innocent purchaser application for property addressed as 9114 — 240th Street SW with a tax parcel number 00463302000400. The innocent purchaser application (PLN20160026) pertained to the "lot of record" status of the subject property. Edmonds Community Development Code (ECDC) 21.55.015 provides a definition for "lot of record." Essentially, a property is a "lot of record" if the property was created through the subdivision process or through a deed dated prior to July 3, 1956. A property that is not a "lot of record" may not be issued a building permit or other development permit. ECDC 20.75.180.A allows for an "innocent purchaser" to achieve "lot of record" status for a property if certain criteria are met. The property in question was a portion of a property that was the subject of a three lot short plat application under file number S-2005-102 (Exhibit 2 - Attachment 9). S-2005- 102 received preliminary approval; however, the subdivision process was never completed and the preliminary approval expired on June 15, 2015 (Exhibit 2 - Attachment 10). Tax parcel number (TPN) 00463302000400 dimensions match what would have been Lot 1 of S-2005-102 had the short plat been finalized. However, since S-2005-102 was never finalized and preliminary approval expired, TPN 00463302000400 is not a lot of record as defined by ECDC 21.55.015. The applicants purchased some property at auction. The Notice of Trustee Sale recorded under Auditor File Number (AFN) 201505270926 (Exhibit 2 - Attachment 3) involving Packet Pg. 3 2.1.a the subject property contained a legal description for all of the property that was the subject of the three lot short plat under S-2005-102 and referenced the deed of trust instrument as the deed recorded under AFN 200505260729 (Exhibit 2 - Attachment 5) which also contains a legal description for all of the property that was the subject of the three lot short plat under S-2005-102. Additionally, the property detail issued by Investors Choice Real Estate (Exhibit 2 - Attachment 4) relied upon by the applicants also identifies the Notice of Trustee Sale recorded under AFN 201505270926 and Deed of Trust recorded under AFN 200505260729. However, the Trustee's Deed upon Sale recorded under AFN 201602010295 (Exhibit 2 - Attachment 6) includes a legal description for only what would have been Lot 1 of S-2005-102. The City has not been provided with a reasonable explanation as to why the legal description in the Trustee's Deed upon Sale failed to match the legal description in the Notice of Trustee Sale. The appellants application for innocent purchaser status as allowed by ECDC 20.75.180.A to achieve lot of record status for TPN 00463302000400 was denied by the City of Edmonds (Exhibit 2). The City's decision to deny the innocent purchaser application has been appealed to the Hearing Examiner. II. REVIEW PROCESS A. ECDC 20.01.003 — Type II -A Process An innocent purchaser determination is a Type II -A decision pursuant to ECDC 20.01.003. A Type II -A decision is a staff decision with public notice which is appealable to the Hearing Examiner. B. ECDC 20.07.004 — Appeals of recommendations and decisions — Permit decisions or recommendations Only parties of record may appeal the decision. The Bragin's were the applicants of the innocent purchaser application and thus are parties of record as defined by ECDC 20.07.003.13. The subject appeal (Exhibit 2) was received within 14 days of the City's denial of the innocent purchaser application and thus is a timely appeal filed consistent with ECDC 20.07.004. C. Public Notice and Comments 1. Notice of Appeal — In accordance with ECDC 20.07.004.F, a Notice of Appeal was provided to all parties of record on September 19, 2016 (Exhibit 3). 2. Notice of Public Hearing - ECDC 20.03.003 provides the City's regulations for public notice of public hearings. A "Notice of Public Hearing" was posted at the subject site, Public Safety Complex, Development Services Department, and Library on October 11, 2016. The notice was also mailed to property owners within 300 feet of the site October 11, 2016 and published in Everett Herald. Documentation of compliance with the notice requirements is provided in Exhibit 4. As of the writing of this staff report, the City of Edmonds has not received any comments on the subject appeal. Bragin Innocent Purchaser Appeal File No. APL20160001 Page 2 of 8 Packet Pg. 4 2.1.a III. FINDINGS OF FACT AND CONCLUSIONS A. General location information The subject property is located at 9114 — 2401h Street SW (Tax Parcel Number 00463302000400). B. Zoning The site and all surrounding properties are zoned RS-8 (Single-family Residential; 8,000 square feet minimum lot size). The subject property is approximately 10,378 square feet (Exhibit 2 - Attachment 12). C. ECDC 21.55.015 Lot of Record Definition ECDC 21.55.015 defines a lot of record as: Lot of record means a single tract of land meeting any one of the criteria listed below A. Platted lots: 1. Any lot whose boundaries were establish in a recorded plat or short plat. 2. Any lot whose boundaries were establish in an unrecorded short plat approved by the city of Edmonds between July 3, 1956, and March 19, 1974 (not all short plats were required to be recorded). 3. Any combination of two or more lots shoring a side lot line as depicted in the following recorded plats: a. City of Edmonds. b. Brackett's First Addition. c. Gephart's First Addition. d. Kellogg's Plat of Edmonds. e. Albert B. Lord's Grandview Addition. 4. Any lot established by Snohomish County prior to the property's being annexed into the city of Edmonds and: a. Whose boundaries were established by transfer of ownership before September 12, 1972, and the lot met all zoning and subdivision requirements in effect at the time of its creation. b. Whose boundaries were established between August 19, 1969, and September 12, 1972, by county approved short plat but not recorded with the county auditor's office. c. Whose boundaries were established on or after September 12, 1972, by county approved and recorded short plat. Bragin Innocent Purchaser Appeal File No. APL20160001 Page 3 of 8 Packet Pg. 5 2.1.a d. Whose boundaries were established by county approved and recorded formal plat. B. Unplatted lots: 1. Lots created by deed prior to July 3, 1956 2. Lots created through court order, will and testament, or other process listed as exempt from platting requirements by RCW 58.17.035, 58.17.040 or through an exemption from platting regulations provided by law at the time of creation of the parcel. 3. Lots that have been recognized through a previous lot determination review as legal lots. D. PLN20050102 Uncompleted Short Subdivision In 2005, an application for a three -lot short plat to subdivide the property at 9114 — 240th Street SW was made to the City of Edmonds with file number PLN20050102. At the time, 9114 — 240`h Street SW was a single parcel (TPN 00463302000400) which was Lot A of boundary line adjustment No. BLA150-92 recorded under auditor's file number 9208210046 and amended under auditor's file number 9209030553 and 9303190515. PLN20150102 received preliminary approval on October 6, 2006 (Exhibit 2 - Attachment 9), but was never finalized and expired on June 15, 2015 (Exhibit 2 - Attachment 10). The property that is the subject of this innocent purchaser application matches what would have been Lot 1 of the expired subdivision (Exhibit 2 - Attachment 9). E. Lot Status of 9114 — 2401h Street SW Tax parcel number 00463302000400 was created when Snohomish County segregated tax parcel number 00463302000402 out of the parent parcel based on the statutory warranty deed recorded under AFN 200710310959 in 2008 (Exhibit 2 - Attachments 18 — 19). Since 9114 — 240th Street SW was created after July 3, 1956 and was not created via a recorded subdivision, it is not a lot of record as defined by ECDC 21.55.015. F. ECDC 20.75.180.A "Lot of Record" Status for Innocent Purchasers Pursuant to ECDC 20.75.180, no building permit, septic tank permit or other development permit shall be issued for any lot unless: (1) the subject property is a lot of record as defined in ECDC 21.55.015; or (2) the property owner is determined to be an innocent purchaser in accordance with ECDC 20.75.180.A. A signed affidavit was submitted by the applicants stating how they believe the application complies with the requirements of ECDC 20.75.180.A (Exhibit 2 - Attachment 2). Section III.F of the staff report and decision on the innocent purchaser application in Exhibit 2 contains a complete analysis of the criteria established in ECDC 20.75.180.A. The City found the application to comply with all of the criteria in ECDC 20.75.180.A except for criterion ECDC 20.75.180.A.4. The City's analysis of criterion ECDC 20.75.180.A.4 is provided below: Bragin Innocent Purchaser Appeal File No. APL20160001 Page 4 of 8 Packet Pg. 6 2.1.a 4. At the time of purchase, there was some existing deed, record or survey showing the subject parcel as a separate lot; and This criterion is intended to allow the city to provide relief for property owners who performed reasonable due diligence prior to purchasing the property and who, in the course of that due diligence, found a prior deed conveying the same property in the chain of title. An earlier deed in the chain of title with the same legal description adds weight and plausibility to the innocent purchaser claim. If this criterion were not enforced, the innocent purchase exception could be employed to completely excuse a failure of due diligence, or a buyer's choice to not pursue a reasonable remedy against the seller. The city does not believe the exception should be granted that easily. At the time of purchase, a deed for the subject property did not exist. As noted above, the Notice of Trustee Sale recorded under Auditor File Number (AFN) 201505270926 (Exhibit 2 - Attachment 3) involving the subject property contained a legal description for all of the property that was the subject of the three lot short plat under PLN20050102 and referenced the deed of trust instrument as the deed recorded under AFN 200505260729 (Exhibit 2 - Attachment 5) which also contains a legal description for all of the property that was the subject of the three lot short plat under S-2005-102. The first deed with a legal description for the subject property is the deed the applicant received: Trustee's Deed Upon Sale recorded under AFN 201602010295 (Exhibit 2 - Attachment 6). This deed includes a legal description for only what would have been Lot 1 of S-2005-102. This deed was not recorded until after the property was purchased. The applicant may have a claim for the remainder of the property described in the Notice of Trustee's Sale. The applicant does not qualify as an innocent purchaser merely because the trustee failed to convey the entire property described in the Notice of Trustee's Sale. In other words, at the time of purchase, there was no existing deed, record or survey showing the subject parcel as a separate lot. The applicants submitted the Statutory Warranty Deed (SWD) recorded under AFN 200710310959 (Exhibit 2 - Attachment 7) in support of this criterion. SWD AFN 200710310959 is a deed for tax parcel number 00463302000402 that transferred a portion of the property described under Deed of Trust 200505260729. Both parties listed on this deed were the parties involved in the subdivision being considered under S-2005-102 (John and Lois Ryan and Tri Stars Home). The principal of Tri Stars Home (Patrick Crosby) recorded a Quit Claim Deed under AFN 201512080569 (Exhibit 2 - Attachment 8) transferring title to JAC Consulting LLC, of which Crosby is also a principal. Per the applicant's affidavit, the applicant did not become aware of SWD 200710310959 until after the trustee sale. SWD AFN 200710310959 does not satisfy this criterion for the following reasons: 1) this deed is not for the subject property, 2) it was created and recorded by parties aware of an uncompleted subdivision for the subject property (one of which still claims ownership), 3) it was recorded in clear violation of Chapter 20.75 ECDC, and 4) applicants were not aware of the deed, and therefore could not have relied upon it, prior to their auction purchase. Bragin Innocent Purchaser Appeal File No. APL20160001 Page 5 of 8 Packet Pg. 7 2.1.a SWD AFN 200710310959 helped create the current situation, so allowing this deed to create a lot of record would be a subversion of the subdivision code and the intent of the innocent purchaser provision. The City determined criterion in ECDC 20.75.180.A.4 has not been satisfied. G. ECDC 20.75.080.13 notes that innocent purchaser status may be approved subject to conditions of approval requiring the applicant to make improvements to the property that would likely have been required by the city had the property been properly subdivided, unless it is determined that such improvements have already been constructed. The preliminary approval granted in 5-2005-102 contains a number of required improvements for a three lot subdivision if 5-2005-102 had been finalized (Exhibit 2 — Attachment 9). Since the innocent purchaser application was denied by the City of Edmonds, no conditions were proposed at that time. However, the Engineering Division noted that the subject property would not have direct access to a public street and that an access easement would need to be provided across TPN 00463302000402 should the innocent purchaser status be approved (Exhibit 2 — Attachment 17). A draft access easement was provided in Exhibit 2 — Attachment 20. The status of that easement is unknown. The Engineering Division also noted that a utility easement would be necessary for connections to the water and sewer lines located to the west of the subject property. IV. APPEAL OF PLN20160026 A. APL20160001 The appellants submitted an appeal alleging the City of Edmonds erred when it determined the appellants failed to satisfy ECDC 20.75.180.A.4. In support of their appeal, the appellants submitted three documents: * 2007 Statutory Warranty Deed from Ryans to Tre-Star Home recorded under AFN 200710310959 (Exhibit 1 — Attachment A) * Trustee's Deed in favor of the Bragins recorded under AFN 201602010295 (Exhibit 1 — Attachment B) * Chicago Title Guaranty Report Excerpt (Exhibit 1 — Attachment Q. The complete title report is included in Exhibit 2 — Attachment 11. B. City of Edmonds' Response The City of Edmonds was aware of all three documents submitted by the appellants in support of their appeal, and each document is included as attachments to the City's staff report denying the innocent purchaser application included as Exhibit 2 to this recommendation to the Hearing Examiner. The trustee's deed recorded under AFN 201602010295 and the legal description included in the Chicago Title Guaranty Report clearly do not satisfy ECDC 20.75.180.A.4 because neither existed at the time of purchase. Bragin Innocent Purchaser Appeal File No. APL20160001 Page 6 of 8 Packet Pg. 8 2.1.a The question is then whether the Statutory Warranty Deed recorded under AFN 200710310959 satisfies criterion ECDC 20.75.180.A.4. The City of Edmonds has detailed in Section III.F above as to why SWD AFN 200710310959 does not satisfy criterion ECDC 20.75.180.A.4. V. RECOMMENDATION Based upon the Findings of Fact, Conclusions, and Attachments to this staff report, staff recommends the Hearing Examiner DENY the appeal of the City of Edmonds determination regarding application PLN201620160026 for an innocent purchaser and lot of recorded status for the property addressed as 9114 -240 Street SW (tax parcel number 00463302000400). Should the Hearing Examiner decide to reverse the City's denial of innocent purchaser application PLN20160026, the City of Edmonds recommends the Hearing Examiner also apply the follow conditions in accordance with ECDC 20.75.180.B: 1. An access easement across tax parcel number 00463302000402 must be provided for the benefit of tax parcel number 00463302000400. 2. A utility easement across tax parcel number 00463302000402 must be provided for the benefit of tax parcel number 00463302000400. VI. APPEAL The Hearing Examiner's decision may be appealed by a party of record with standing to file a land use petition in Snohomish County superior court. Such petition must be filed within 21 days after issuance of the decision, as provided in Chapter 36.70C RCW. VII. PARTIES OF RECORD City of Edmonds 121 — 51h Avenue North Edmonds, WA 98020 Russel Hermes Hermes Law Firm, PSC 1812 Hewitt Avenue, Suite 102 Everett, WA 98201 Patrick Crosby PO Box 543 Mukilteo, WA 98275 VIII. EXHIBITS Boris and Elena Bragin 16006 — 73'd Drive SE #B Snohomish, WA 98296 Chris Fitting 24104 — 92°a Avenue West Edmonds, WA 98020 1. Bragin Appeal 2. PLN20160026 Staff Report and Decision Bragin Innocent Purchaser Appeal File No. APL20160001 Page 7 of 8 Packet Pg. 9 2.1.a 3. Notice of Appeal 4. Public Hearing Notice Documentation Bragin Innocent Purchaser Appeal File No. APL20160001 Page 8 of 8 Packet Pg. 10 2.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NV�___,;-6) I � 6 0 ®1 In re the Real Property Located At: 9114 240TH STREET SW EDMONDS, WA 98026 SEP DEVELOCODNTkR RVBCES ECDC FILE NO: PLN20160026 NOTICE OF APPEAL ECDC 20.007.004 COME NOW, Boris and Elena Bragin, the owners of the real property commonly described as 9114 — 2400' St. SW, Edmonds, Washington 98026, and present this Notice of Appeal to the City of Edmonds. 1. The Appellants' names, address and phone number are as follows: Boris Bragin and Elena Bragin 16006 — 73" Dr. SE, #B Snohomish, WA 98296 425.231.4284 2. The Appellants' Standing To Appeal: The Appellants have standing to appeal due to their ownership of the real property in question, and since they are the initial applicants for lot of record status. NOTICE OF APPEAL -1 CL1Bragin109-11-16 Appeal Notice HERMES LAW FIRM, PSC 1812 Hewitt Avenue, Suite 102 Everett, Washington 98201 Telephone: 425.339,0990 Facsimile: 425.339,0960 Exhibit 1 Packet Pg. 11 2.1.a 111 211 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. The Application Subject To Appeal: The application that is the subject of the appeal is PLN 20160026. This application requested Lot of Record status for real property commonly described as 9114 — 240'' St. SW, Edmonds, Snohomish County, Washington 98026. The appeal results from the City Development Service Department's written decision, dated September 1, 2016. The appeal issue specifically relates to whether the Appellants satisfied ECDC §20.75.180(A) Criterion 4. 4. The Appellants' Grounds For Appeal: The Appellants' statement of grounds for appeal are as follows: The City erred when it determined that the Appellants failed to satisfy ECDC §20.75.180(A) Criterion 4. 5. The Facts Upon Which The Appeal b Based: The facts upon which the appeal is based are as follows: The property emanates from a 2007 Statutory Warranty Deed from John and Lois Ryan in favor of Tri-Start Homes. That Deed transfers a portion of property to Tri-Star, but excepts a portion to be retained by the Ryans. The excepted portion, is referred to in the Deed as "Except The Following Described Tract of Land," and is the property that the Appellants purchased in 2016. As such, the 2007 Deed did exist showing the subject parcel as a separate lot as of 2016. , These facts are specifically supported by documents reflected in the record including, but not limited to: A. 2007 Statutory Warranty Deed from Ryans to Tri-Star Homes; B. Trustee's Deed in favor of the Bragins; and C. Chicago Title Guaranty Report (excerpt). NOTICE OF APPEAL - 2 CL\Bragin\09-11-16 Appeal Notice HERMES LAW FIRM, PSC 1812 Hewitt Avenue, Suite 102 Everett, Washington 98201 Telephone: 425.339.0990 Facsimile: 425.339.0960 Exhibit 1 Packet Pg. 12 2.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 True and accurate copies of the above -referenced documents are attached hereto, marked as indicated, and are fully incorporated herein by this reference. 6. Specific Relief Sought: The Appellants specifically request that a determination be made that their application satisfies ECDC §20.75.180(A) Criterion 4. In addition, the Appellants request all further and other relief as the Hearings Examiner shall deem fair and equitable in the premises. THE UNDERSIGNED hereby certifies and declares as follows: We are the above -named Appellants. We have read the foregoing Notice of Appeal, know the contents thereof, and believe the same to be true and correct. Dated: September 12, 2016. NOTICE OF APPEAL - 3 CL\Bragin\09-11-16 Appeal Notice HERMES LAW FIRM, PSC IS 12 Hewitt Avenue, Suite 102 Everett, Washington 98201 Telephone: 425.339.0990 Facsimile: 425,339,0960 Exhibit 1 Packet Pg. 13 2.1.a al EXHIBIT A U- a Exhibit I EXhi Packet Pg. 14 2.1.a 2007so3losse.00t 574428 7n Star HOW4 !na yaaWA 9aD3i LgmmM"d. W II - uRu1I��■■ . [� Map, LiTcy w� Fdad for RsCwd M RagwW of 6olfl+arr/ c6r"radn �A� sun* Numlow 30"0794 Statutory Warranty Dttd CH/CaC;a 67 r 7 qr7 , t TUX GRANT01 JAD S. Rr.. xa! Lan A. Rl+Q hwbaad and w1h far earl sa owasd a td TSN DOLLUW MD OTRLR OWD AND V=AHLL CDNSWKRATION m tLM PN4 W-11W and 1HImts,o 6e Gm4NM Tn Clan Wants, 1--a wu&Aj l ourratIeo dae lbllasmmg d=n6cd r"l rsn[r, r rasYd m 1La Caway of 5cohoamh, SYau+ of R'esbaeg[o e TOTS i-b 9LK 20 SAMURTS SOMP VRW TRAM T.arosedNsnub +(+) nora ao0ao9 INSURED BY CHICAGO TITLE SEE L ALDBSCRII'T1t7N ItEti m ATiAC► W AS MGUtT A iWtlie! to auuaeatti r+un�c4euttirua+ta�vas, wraarxt, .aA eeodmna at Hord. DaQd Odabrt 29 7007 s 7 Aym STATEOF WA5T"GTIaN } COIMIY OP Snoho BSt I arid* the I imow of hwo++rabcwywAd dad Doha R Rya* +ad Lott A." dm prrwae wha W..d !a — any and and puaom► I-cl-wItIS d U lbay� .,mba �, mCwromt +ad �knrnrtrla< x w be tb dr Free aa4 ►rel wary rc far do was and rwyusm m m 0ta wA=00A Yard _� Q • �Q� J ar s.uk ��-�,t. 1►11r11jtrlfr N In or pfFYASHIIA N s` Vl1WIn0 Npt ntt Exhibit i Exhl Packet Pg. 15 2.1.a 000710310959.002 CHICAGO THE INSURANCE COMPANY Order No ODS717917 LEGAL DESCRWrION LOTS 4 AND 5, BLOCK 20, HANBURYS SOMND VI= TRACTS, ACCORDING TO THE PLAT 99D37O60F, RECORDED IN VOLOMB 7 OF PLATS, PAGE 20, RECORDS OF SNOHOKMN CDuWff, WASHINGTON, EXCEPT THE NORTH 166 54 FMAS AS MSR7A5I7 AIANG TN8 8A5T LillE OF THS WEST ISO 12 FEET AS KL%SORSD ALONG TAE NORTH LDS TOGETHER WITH THAT PORTION OF VACATED STREET WWICR WOULD ATTACH BY OPERATION OF LAW, ALSO mKMN AS LOT 1A' OF BOUNDARY LING ASki10STKgNT NO EUU50-92 RECORDED ONDMt AUDITOR'S VILE NumBER 920023.0095 AND AMENDED UNUML AU017DE' S FILE N mBZRS 9209030353 AND 9303190515, RECORDS OF SUMOMISH COUNTY' WWHMGTON EXCEPT THE FOLLOHING DESCRIBED TRACT OF LAND COHMVnM AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRlk= OF LAND, SAID POINT BEING THE TRUE POINT OF BEG1NNINUF p A DISTANCE OF TFi.NCR NORTH 00915.0011 WEST AUML; THE EAST LINE i7G"M 95 50 BEET, THENCE SOUTH 999as, coo WEST, A DISTANCE OF 20 00 FEET TO A POINT ON A C17RVE, THmjC2 ALON(3 A C)R'V2 Te M LEFT THE CE KR OF WHIM SOUTH WA OF �B090`45%00" W]CST, A DISTANCE OF 20 00 FEE', THROUGH A CENTRAL HAVING AN ARC LENGTH OF 31 42 FK]SX, THENCE NORTR 00°15o00^ WEST, A DISTANCE OF B 00 _ To A OF Por Z0 00 LAND, FM SOMIlmLY OP THE NORTHERLY LINE OF THE ABOVE DESCRIBED TRACT THENCE SOUTH a9'454 00' WEST PARALLEL TO SAID NORTH LnM A DISTANCE OF 5H 54 FEET, THmms SOUTH Davis, 00- EAST, A DISTANCE OF III 50 PEET TO M SOMW LINE OF THS ABOVE DESCRIBED 'TRACT OF LAND, TEZNCB NORTH B9945'00' EAST ALONG SAID SOUTH LM A D-ISTM= OF 9s 541 FEET TO THE 'PROS POINT OF BEGINNING SITUATE IR TIIX COMM OF SNONON12H, STATE OF VA9HINGTON �et pZ Exhibit i Exhl Packet Pg. 16 2.1.a L W M :.i L a c m U 0 c c a� c L NN� 0 W Q Q zo EXHIBIT B U- M tV to r N C d L V f3 r a r r L 0 Q R v/ r O O O to r O N J d Q r C d t V R r-+ Exhibit i Exh i Packet Pg. 17 2.1.a 2016=10M.001 . l so 1 a wasN mcoRDED MAIL TO: xC CAprrALLLC 5413 MXRMMN AVL N. # ' SHATTLS, WA 98103 ForrQard Tax Blritcmcutm to the ad.drest ¢ven above I .11, F1�Vi � � 1 Li IS No.: wA-09-2MM eeres ABM T ns cats FOR RE cWRDER's use Tide OsdctNo» 0902080WWA-MSO Tsuator. JOHN 8 RYAN ArM LOTS A. RYAN, HUSBAND AM WIFE heed of Tr A Inrt<um=Azfi=uc NO.: 200SO526M9 Dead of Trwst bvaldpago (,f pplimbla)- riGdca of sate Inrtn==t5takn=c5 No- 2415=70M , Y Lass _ ._ — �.,�� MTNI3c�.: i0[}D6��t�4�A335�5(�8�..�,u'f�i,4,:��..-,.��i➢-b37 TRUSTEE'S DEED UPON SALE A.P M: 10046"-010.M40 TRANSFER TAX: S0.00 Tim GRANT()'?,, QUALM LOAN SEI ICE CORPORATTON OF WASidWu TMMM (why ha D Fa drApod i4 tftd of Tnxt bmw dar =me puticaMy � ad or u My aMolated Suocesrar 'fn w=) in -A that Dad of Tnut is cvnsidaatian of the premizu mad pgmmt grad bclavr. hcrcby unit lmd ccramr, ►v dsout mym=tadou or v um'ty. eWrmtd Or 1Wh°4 all r1& tide and mtemi to DORM BRAGIN AND KC CAPITAL, iLC FOR MCURITY PURPOSES ONLY Qwrcda called QkANT'ELi, sa all rvd prrrpsta (tbe'Preper Xaitntied-1wdw CotmtyofSNODOMISl3, Stain of WwjkgWn. desmb% 3 AS fuUWR< 0DY M'6NMG AT THE SOUTHMT CORM OF LOT 4, BWCX 20, HANHURYS SOUND YTLW TRACTS, ACCORDING TO TAR FLAT TBMXOj, RECORBIGD IN 'VOlLMM 7 OF YLAn PACE 20, RECORD OF SNOROM10 COUNTY. 'WASMGT'ON; SAID POW B193NG THE TAUS POINT OF B�C-1IMLL HDRTH 00°15'00" �r Ai.OHG � EAST LINE THMMF A DM n"C[ Olf ii.501TOCT,'IMNCIC SOUTH 89°4SVO' WEST, A IM5TANC$ Os 2a.00 MT TO A POINT ON ACURVE, ICE ALQNG A CMV& TO THE LlF:Tat CZM'= OF W►MC:H RL4M SOS E9°4s,00" WEST, A DISTANCE, OF 20-M F=T, THROUGH A 47LMAL ANCU OF 99TD'00" A" RAVING AN ARC LHNGM OF 31A2 Fes', THENCE No RTS 0D°I3'D0" VM7, A DiBTANCE. Or LOD FAT, TffiNCE SOUTH sy 4gov WLST PARALLEL TO SAID NORTH LM A DMANCS OF $134 Mr' T'lIIMCM SOUTH go"m-W EAST, A DIFrANC19 OF 1 -50 RFTr TO THE SOI]TH LDM OF TMZ ABOVE IISSCRtT M TRACT OF LAND, TBENCE NORTH 99845"w LAST AWNG SAM BOUTO x= A DETANC'E OF 9134 I?= TO TIM TRUE POINT OF BlMOMG. Exhibit i Exh i Packet Pg. 18 2.1.a -- 201602010295.002 L • I m L a SITUATE IN THE COUNTY OF SNOSOli MH, STATE OF wASHINGTaH. ABSRIdYIATEU c as LEGAL FM LOT A,'DiA 92og210046.'BEfNG A PTN LOT 4, BLK 20, HANBURYS SOUND 0 O VIEW M SNOHOMISH COUNTY, wA _ RECITAIS: 1. Tbk oomcysmes is mado pumsnt W the poweca, "dial $e power of sing caof nvd as upon the cwrmt TYastac by sbai =bdn Deed at Tfvsk betweets TORN S AYAR AND d MIS A. RYAN, HUSBAND AND VM. as or4a nd [r�tpr, to LkWYFM MI$, �.._ , yaAM6RTdAL(; Fjjj 'T 0j4jC lt$GIMATION 5"YS tRMS, INC., c AS NOMRM FOR SOMECnt►ONGS FWANCIAL NETWOM INC,, as WWW _ dWdSV2.flIUD57, dd 7ft—atW MMOaS's iati cixt-u nnber 20050526WW p of tlrc 05:W Awards in the oilim of the Rocuasia of SXOIKOMME' Was s" ' ^ p 2. The Daed of TPA was exarated to mmr, together with other timdarWdn&r' the pOmmt of ami One or soya promiaswy nole(a) irNuto") in the � of 5Z",000.Ott wick intuW th=cm, Q' Q. eraordiag to tho terms %r=f, send other eurna of money which might bw ma duo and Q payable node= the taw of acid Desdaf Tfoet 3. Tho Deed of'1RA provided that the Pmpmty is not nsod prb&yaIty fax eg'c*wal or (haft purposes sad the vmTW Trustee 1mQ no soul imDwledttie that iho PmPrty is uaad 4. That a 1}dmh Worred is the obligation acmad Lm&or covmmty of the Dead of Tract rrfermmd 9a pmgVh one (l), u yet forth in the No6m of Trusiv s Sala da mibtd balow, end go the 0==t Tmsta tnmuditd tbo Nodca of Default to the mTAred pmfes, and that a oopy of acid Noose tvw potted or mvcd in awotdanm with law. 5. The mmvnt Truew hw bear io=Wod tv attcrciso rho power of Sala in rseo den- vith awd cadet she relevw tof the above mfercooed Deed of Trasc sad s'he Wash Von Deed of Treat Act. 6. That be=& rho da%Wta apeel5W in the "Notice of Dcfimlt" were not Cured. the =n-O t Trustm in compliance with the tams of rho need of Trust, recorded on 5127mis 6a rite SNO'$OMISH Cvm V, Waghmgtvn recorder's OfTiM a "Notice of Trustee' Sate" of the pMcq a jonameot m. 201505270925. 7. The eurrmt Tie fund the pkoo of Mato as On the Reps is front of the North entrance to the Snohomish Cosmty CmWtbcuye, 3it00 Rackxfaw Avenur, Everttk WA 99201. In fe State of Wyahhstc o, a public plus. at I0t00 AM In mmardaaoe with the hw caused capias of the ameary "Nodoo of Trustee's Sale" to be tr�d by and to ail pmwm cautled &eraio sad citlzr posted or saved Prior to 66 sta=ory mzm=m n mbar of dvA before to Seal W4 furthm, the c ncal Tmrtm mud a ropy of said "Noll of Trustee's Sale to be publUod In a legal newspapr in cash WUDsy in which the prnpetty or my W tdaemof is sitaatod, awe burmm the &sey-fift and twmiy-hth daybefrrc the dalo of &a sale, and cow bets dw f wbean& and fie sweat% day bdore fe date of W m1m; and {wjhw, leoluded %tth ft Notic., *Wcb'ants tr==zImsd t4 or served upon the Dmd of Iron gm= or his succrssvr in kmreK a " Nodea of Foreclosure." S. Du, r g frcoaloame, no aclirm by be Bee CSC%fy, 7 s saoeestoss or amps Im pry ding on an obligr&m'unused by dw Deed of Trust m N to to c m m 0 m Q m O a err a 0 0 0 to 0 N J a a c a� E s m r r Q Exhibit i Exh i Packet Pg. 19 2.1.a 2aiso2oiossa.00s 9. All kVjj mVirmtehta and all provisions of raid Bead of Trust have berm camplicd Wldti w to sets to be ptuformcd ant] notices to be gh%u, st pravidtd in ebgkc 61.24 RCW, 10. That bocmase tfie de&uTts spwMed fa the "Notice of Trustee's Salo" was not amid d INA ten days prior io the date abWtd for Ilse ltustoo't Salo snd said obliPflen sowed by "Deed of ' ui unpaid, on 101=11015, tbo &to of sale, whm was pat kss dm 190 da da of in in the oblsiyation secured, the GRANTOR em a:old is mrAw a laid GRANM &a bighent s�aas f 5300,069,00, in form of cash, oatiW cback, caahkev chock, money order. _ or - - - - by e1a'hmio tiaasfdr, sis pr6vided is cheptter 61:24.070 itCW." . bans or wsr n8es of my hinds maraud• or fuVUo& BY- - . ... ... -•'!'his tsossvayaace in made•willyout rzpr>�tmm tbar.thes.Prupaty-wax.. re=ftg dtis Trostaa's Dee4 oRANM �• arkmaModwand a,grtcs. Qcrahased is eito ""tram of a forwlvsem, that the cttrreet Tmstw toxado W raPM=tstiana to GRANTER conoana>n the PmPmly and tomd the mm=t Tnulea Mod flC " to mdm disslowxuu to GRAD co =dMg the Pmperty, GrRANI'FE rrlymg WWY apaa molts Own dtm drWMre inv ftftfloa befoul clung to bid for"Prapesta. In wltvu thc=L QUALITY LOAN 5RRVICE CORPORATION OF WASMNGTON, as GRAN F, baa thin day, caued ps nama to iM 4TMOIO atbxed by its ofaxr t'htmuato dryly authori and by its matpom&n by-Lws. QU SAND ANY WFORMAIN 0Oi3TAw3 WILL BE USED OR THAT PURPE A DEBT TS No-- WA-0}Z65041-SR D" IO / l QUAD= LOAN smv]C$ CO»ORATION OF «! WAS N ay= = ca 6lavae , Asdsttsnt 6tecsetary State a,. Wmbil� connty a ru-w ` ] ctxtitj+ Oast 1 know of bxw satiali+ctwy vdde we is tha pima who apPar� �, said gttrsaa ackmwlod8od Ilia inchummt Md 9e3mowlextged it to be {h aer? fine tmd vobaWy set for tho on rand puxpoms axcatioud in the HetaryR pu4wc &tits A WstbAS101, 4P,�Mmm wttt Feb S.2a1s �.�rr►�r Exhibit i Exh I Packet Pg. 20 2.1.a 2016 010n5.004 REAL- PRoprRTY IN THE COUNTY OF SNOHOMISH, STATE OF WASIENGTON, DBSCRIBFA AS FOLLOWS; _ ..__.—.SL;C-31_Tih!I' 27_R.t�1G 4-Q�1RSW�°13S.CiRYS �__ ._—..-------- --•--- .--,._._ SOUND VIEW 7RS BLK 02D D00 TH PTN OF Ll3T5 4 & 5 9LK 70 EXC.H 166.5017f AS MEAS ALG F ' ._.._ __. --- - I.N OF W 190.92FT AS MEAS Air, N LN 'TGW TH PT7, iJF VAC 3 F WH W�ULi] ATTACH BYOPM77ON OF LAW PER BLA 15092 RECAP 9208210046 & CORRPER AF 9209030553 & 9303190515 DAF COM AT:SECOP, OFTH ABOVE DESC'lR OF LAND BEING TH TPOB TH NOO 15 DOW ALO E LN THOF A DIST OF 85.51)FT THS89 45 40W A DLST OF 20.00FT TO A PT ON A CRV TH ALO A CRV TO L CTR WE 131?ARS S89 45 00W i A DIST OF 2OFT THItU A C!A OF 90 OD 00 & HAVING AN ARC LENGTH OF OF ABOVE DESC TR 771 S89 45 DO W PLT 5D N LN A DIST OF 58 54FT TH $0015 ODE A DIST Of 113,50FT TO S LN OF ABOVE DESC TR TH N89 45 ODE AL() SD S IN A'D1ST OF 48.54Fi TD TPOB PER SWI32OD710310959 TAX PARCELNUMBER: 004633020OUN Commonly k-mm w, 9114 MOTH ST SW, EDMONDS, WA 98026 9022 Exhibit i Exh i Packet Pg. 21 2.1.a al EXHIBIT C U- a Exhibit I Exhil Packet Pg. 22 2.1.a SUBDIVISION GuaranteelCerlifleale Number. Issued By: 500044221 CE{ICAG61=211M ANCE taoWANY CHICAGO TITLE INSURANCE COMPANY a corporation, herein tailed the Company GUARANTEES Boris Bregin and Hermes Law Firm, PSC herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness In the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual foss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth In Schedule A. Please note carefully the liablllty exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 3002-Colby Ave., Suite 200 Everet% WA 98201 - Countersigned By. Authorized Officer or Agent Chicago Title Insurance Company By. Attest: �WP#4� President Secretary pop r wkcr + rw sz+esr s s•sa�saoaaxzr Exhibit I Exhij Packet Pg. 23 CHICAGO TITLE INSURANCE COMPANY GUARANTEEMER'"FICATE NO. 5000"221 'NQeFF1CF-'.;' imeorricer. i3ullderft Chicago rdis Company of Washington 3002 Colby Ave,. Suke 200 Everett, WA 98201 Fax (866)8274MW Main Phone: (423)2594=3 Ernaff-. evebuldw0eftcorn SCHEDULE Uiblft. 'T $1,()()0.00 $260,00 $23.00 Effective Date: June 27, 2016 at 08:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT W ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested In: - Boris Bragln and Elena Bragin, husband and wife subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A SubdMzW M*r&MWUr0=t6 ftft* D?JM is a 0161 VW Pbp 2 WACT-RM-4215=401-GM1-1"DDD$4221 Exhibit I Exhil Packet Pg. 24 1 2.1.a EXHIBIT "A" Legal Description For APN/Parcel IDfsl: 004933-020-004-00 THAT PORTION OF LOTS 4 AND 5, BLOCK 20, HANBURYS SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 20. RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT THE NORTH 155.50 FEET AS MEASURED ALONG THE EAST LINE OF THE WEST'190.92 FEET AS MEASURED ALONG THE NORTH LINE TOGETHER WITH THAT PORTION OF VACATED STREET WHICH WOULD ATTACH BY OPERATION OF LAW, ALSO KNOWN AS LOT'A' OF BOUNDARY LINE ADJUSTMENT NO. BLA150-92 RECORDED UNDER AUDITOR'S FILE NUMBER 9208210046 AND AMENDED UNDER AUDITOR'S FILE NUMBERS 9209030553 AND 9303190515, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 0001 5'00'WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 85.50 FEET; THENCE SOUTH 89'45'00' WEST, A DISTANCE OF 20.00 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 89'45'00' WEST, A DISTANCE OF 20.00 FEET. THROUGH A CENTRAL ANGLE OF 90°00'00" AND HAVING AN ARC LENGTH OF 31.42 FEET; THENCE NORTH 00.15-W WEST, A DISTANCE OF 8.00 FEET TO A POINT 20.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE SOUTH 89'45'00' WEST PARALLEL TO SAID NORTH LINE DISTANCE OF 58.54 FEET; THENCE SOUTH 0015'00' EAST, A DISTANCE OF 113.50 FEET TO THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE NORTH 89045'00' EAST ALONG SAID SOUTH LINE A DISTANCE OF 98.54 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON &uhdMmim Guwr&Moi fC*r0c 11* pri"1a& oTin1d 60:04 pm Popm3 W"T-F WV-Q160.6W91-5M1-1VX0D"221 L t L a c m u 0 c c a� c L 0 a� a� .E m 0 0 aD a a zo 2 ii Exhibit I Exhij Packet Pg. 25 2.1.a 'J'C. 1 89v CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION INNOCENT PURCHASER REVIEW FINDINGS, CONCLUSIONS, & DECISION Application: Bragin Innocent Purchaser Application File Number: PLN20160026 Date of Report: teEnber 1, 201 b Reviewed By: K mien Lien, e ' r Planner Owners/Applicants: Boris and Elena Bragin I. INTRODUCTION The subject application pertains to the "lot of record" status of the property addressed 9114 — 240th Street SW with the tax parcel number 00463302000400. Edmonds Community Development Code (ECDC) 21.55.015 provides a definition for "lot of record" which essentially boils down to a property is a "lot of record" if the property was created through the subdivision process or a deed created the lot prior to .July 3, 1956. A property that is not a "lot of record" may not be issued a building permit or other development permit. ECDC 20.75.180.A allows for an "innocent purchaser" to achieve "lot of record" status for a property if certain criteria are met. The property in question was a portion of a property that was the subject of a three lot short plat application under file number S-2005-102 (Attachment 9). S-2005-102 received preliminary approval; however, the subdivision process was never completed and the preliminary approval expired on June 15, 2015 (Attachment 10). Tax parcel number (TPN) 00463302000400 dimensions match what would have been Lot 1 of S- 2005-102 had the short plat been finalized. However, since S-2005-102 was never finalized and preliminary approval expired, TPN 00463302000400 is not a lot of record as defined by ECDC 21.55.015. The applicants purchased some property at auction. The Notice of Trustee Sale recorded under Auditor File Number (AFN) 201505270926 (Attachment 3) involving the subject property contained a legal description for all of the property that was the subject of the Exhibit 2 Packet Pg. 26 2.1.a three lot short plat under 5-2005-102 and referenced the deed of trust instrument as the deed recorded under AFN 200505260729 (Attachment 5) which also contains a legal description for all of the property that was the subject of the three lot short plat under S- 2005-102. Additionally, the property detail issued by Investors Choice Real Estate (Attachment 4) relied upon by the applicants also identifies the Notice of Trustee Sale recorded under AFN 201505270926 and Deed of Trust recorded under AFN 200505260729. However, the Trustee's Deed upon Sale recorded under AFN 201602010295 (Attachment 6) includes a legal description for only what would have been Lot 1 of 5-2005-102. The City has not been provided with a reasonable explanation as to why the legal description in the Trustee's Deed upon Sale failed to match the legal description in the Notice of Trustee Sale. The applicants have applied for innocent purchaser status as allowed by ECDC 20.75.180.A to achieve lot of record status for TPN 00463302000400 (Attachments 1 - 2). For reasons detailed below, the request for innocent purchaser status is DENIED. II. REVIEW PROCESS AND COMMENTS A. ECDC 20.01.003 — Type II -A Process An innocent purchaser determination is a Type II -A decision pursuant to ECDC 20.01.003. A Type II -A decision is a staff decision with public notice which is appealable to the Hearing Examiner. B. Public Notice and Comments ECDC 20.03 provides the City's regulations for public notice of development applications. A "Notice of Application" dated July 25, 2016 with a comment period running through August 8, 2016 was posted at the subject site, Public Safety Complex, Development Services Department, and Library on July 25, 2016. The notice was also mailed to property owners within 300 feet of the site July 25, 2016 and published in Everett Herald. Documentation of compliance with the notice requirements is provided in Attachment 13. Two parties submitted comments on the application for innocent purchaser. Chris Fitting submitted comments concerned that a survey for the subject property is in accurate (Attachment 14). Staff Response: Whether the application complies with the innocent purchaser criteria and is granted lot of record status is not contingent upon the survey referenced by Mr. Fitting. The survey is part of the record documenting the uncompleted subdivision under file number PLN201500102. If an easement is established using an incorrect survey, that will be a private matter between parties involved. Patrick Crosby submitted comments questioning the lot of record status tax parcel number 00463302000402 (the remainder of the property described in the deed of trust recorded under AFN 200505260729) should the Bragin's be granted innocent purchaser status (Attachment 15). Bragin Innocent Purchaser Application File No. PLN20160026 Page 2 of 8 Exhibit 2 Packet Pg. 27 2.1.a Staff Response: A decision regarding innocent purchaser and lot of record status on tax parcel 00463302000400 would necessarily convey the same result if an application for such status was also pursued for tax parcel 00463302000402. A consideration of the lot status of tax parcel 00463302000402 would be determined separately from tax parcel 00463302000400. C. Departmental Review The application for innocent purchaser was reviewed by Snohomish Fire District No. 1 and the City of Edmonds' Engineering Division. Snohomish County Fire District No. 1 noted the application would not affect the Fire District (Attachment 16). The Engineering Division noted that if the innocent purchaser application were approved, tax parcel 00463302000400 would not have direct access to a public street and an access easement would need to be provided across 00463302000402. Engineering also noted utility easements would also need to be granted for water and sewer across 00463302000402. The applicant provided a draft access easement that would provide an easement for access to 240't' Street SW (Attachment 20). No utility easements were provided. III. FINDINGS OF FACT AND CONCLUSIONS A. General location information The subject property is located at 9114 — 240th Street SW (Tax Parcel Number 00463302000400). B. Zoning The site and all surrounding properties are zoned RS-8 (Single-family Residential; 8,000 square feet minimum lot size). The subject property is approximately 10,378 square feet (Attachment 12). C. ECDC 21.55.015 Lot of Record Definition ECDC 21.55.015 defines a lot of record as: Lot of record means a single tract of land meeting any one of the criteria listed below A. Platted lots: 1. Any lot whose boundaries were establish in a recorded plat or short plat. 2. Any lot whose boundaries were establish in an unrecorded short plat approved by the city of Edmonds between July 3, 1956, and March 19, 1974 (not all short plats were required to be recorded). Bragin Innocent Purchaser Application File No. PLN20160026 Page 3 of 8 Exhibit 2 1 Packet Pg. 28 2.1.a 3. Any combination of two or more lots shoring a side lot line as depicted in the following recorded plats: a. City of Edmonds. b. Brackett's First Addition. c. Gephart's First Addition. d. Kellogg's Plat of Edmonds. e. Albert B. Lord's Grandview Addition. 4. Any lot established by Snohomish County prior to the property's being annexed into the city of Edmonds and: a. Whose boundaries were established by transfer of ownership before September 12, 1972, and the lot met all zoning and subdivision requirements in effect at the time of its creation. b. Whose boundaries were established between August 19, 1969, and September 12, 1972, by county approved short plat but not recorded with the county auditor's office. c. Whose boundaries were established on or after September 12, 1972, by county approved and recorded short plat. d. Whose boundaries were established by county approved and recorded formal plat. B. Unplatted lots: 1. Lots created by deed prior to July 3, 1956 2. Lots created through court order, will and testament, or other process listed as exempt from platting requirements by RCW 58.17.035, 58.17.040 or through an exemption from platting regulations provided by law at the time of creation of the parcel. 3. Lots that have been recognized through a previous lot determination review as legal lots. D. PLN20050102 Uncompleted Short Subdivision In 2005, an application for a three -lot short plat to subdivide the property at 9114 — 2401h Street SW was made to the City of Edmonds with file number PLN20050102. At the time, 9114 — 240`h Street SW was a single parcel (TPN 00463302000400) which was Lot A of boundary line adjustment No. BLA150-92 recorded under auditor's file number 9208210046 and amended under auditor's file number 9209030553 and 9303190515. PLN20150102 received preliminary approval on October 6, 2006 (Attachment 9), but was never finalized and expired on June 15, 2015 (Attachment 10). The property that is the subject of this innocent purchaser application matches what would have been Lot 1 of the expired subdivision (Attachment 9). E. Lot Status of 9114 — 240th Street SW Bragin Innocent Purchaser Application File No. PLN20160026 Page 4 of 8 Exhibit 2 1 Packet Pg. 29 2.1.a Tax parcel number 00463302000400 was created when Snohomish County segregated tax parcel number 00463302000402 out of the parent parcel based on the statutory warranty deed recorded under AFN 200710310959 in 2008 (Attachments 18 — 19). Since 9114 — 240th Street SW was created after July 3, 1956 and was not created via a recorded subdivision, it is not a lot of record as defined by ECDC 21.55.015. F. ECDC 20.75.180.A "Lot of Record" Status for Innocent Purchasers Pursuant to ECDC 20.75.180, no building permit, septic tank permit or other development permit shall be issued for any lot unless: (1) the subject property is a lot of record as defined in ECDC 21.55.015; or (2) the property owner is determined to be an innocent purchaser in accordance with ECDC 20.75.180.A. A signed affidavit was submitted by the applicants stating how they believe the application complies with the requirements of ECDC 20.75.180.A (Attachment 2). Below is an analysis of the subject application for innocent purchaser and the criteria established in ECDC 20.75.180.A. 1. The applicant did not have actual notice regarding the subdivision of the property in question. If the applicant had knowledge of the subdivision (e.g., knowledge that two parcels in question were once part of the same parcel), but not of its illegality, the innocent purchase status may not be granted; The applicants purchased the subject property through a foreclosure auction. The Notice of Trustee Sale recorded under Auditor File Number (AFN) 201505270926 (Attachment 3) involving the subject property contained a legal description for all of the property that was the subject of the three lot short plat under S-2005-102 and referenced the deed of trust instrument as the deed recorded under AFN 200505260729 (Attachment 5) which also contains a legal description for all of the property that was the subject of the three lot short plat under 5-2005-102. Additionally, the property detail issued by Investors Choice Real Estate (Attachment 4) relied upon by the applicants also identifies the Notice of Trustee Sale recoded under AFN 201505270926 and Deed of Trust recorded under AFN 200505260729. The applicant's affidavit (Attachment 2) also notes that there were no markings on the site that would lead one to believe the property was other than described in the Notice of Trustee's sale. The criterion in ECDC 20.75.180.A.I has been met. 2. The purchase price of the parcel is consistent with an arm's length transaction, The applicants paid $300,069 for the property purchased at auction according to the Trustee's Deed Upon Sale (Attachment 6). The Snohomish County Assessor's Office had an assessed value of $297,900 for the property in 2015. The 2016 Snohomish County Assessed value is $321,500 (Attachment 18). The purchase price of $300,069 is consistent with an arm's length transaction; therefore criterion in ECDC 20.75.180.A.2 has been met. 3. The owner did not purchase the property from a relative; Bragin Innocent Purchaser Application File No. PLN20160026 Page 5 of 8 Exhibit 2 Packet Pg. 30 2.1.a The property was purchased at a foreclosure sale with the assistance of a third party Foreclosure Assistance company. According to the applicant's affidavit (Attachment 2), they are not related by blood or marriage, or socially acquainted with any of the parties to the transaction. The criterion in ECDC 20.75.180.A.3 has been met. 4. At the time of purchase, there was some existing deed, record or survey showing the subject parcel as a separate lot; and At the time of purchase, a deed for the subject property did not exist. As noted above, the Notice of Trustee Sale recorded under Auditor File Number (AFN) 201505270926 (Attachment 3) involving the subject property contained a legal description for all of the property that was the subject of the three lot short plat under PLN20050102 and referenced the deed of trust instrument as the deed recorded under AFN 200505260729 (Attachment 5) which also contains a legal description for all of the property that was the subject of the three lot short plat under S-2005-102. The first deed with a legal description for the subject property is the deed the applicant received: Trustee's Deed Upon Sale recorded under AFN 201602010295 (Attachment 6). This deed includes a legal description for only what would have been Lot 1 of S-2005-102. This deed was not recorded until after the property was purchased. The applicant may have a claim for the remainder of the property described in the Notice of Trustee's Sale. The applicant does not qualify as an innocent purchaser merely because the trustee failed to convey the entire property described in the Notice of Trustee's Sale. The applicants submitted the Statutory Warranty Deed (SWD) recorded under AFN 200710310959 (Attachment 7) in support of this criterion. SWD AFN 200710310959 is a deed for tax parcel number 00463302000402 that transferred a portion of the property described under Deed of Trust 200505260729. Both parties listed on this deed were the parties involved in the subdivision being considered under S-2005-102 (John and Lois Ryan and Tri Stars Home). The principal of Tri Stars Home (Patrick Crosby) recorded a Quit Claim Deed under AFN 201512080569 (Attachment 8) transferring title to JAC Consulting LLC, of which Crosby is also a principal. Per the applicant's affidavit, the applicant did not become aware of SWD 200710310959 until after the trustee sale. SWD AFN 200710310959 does not satisfy this criterion for the following reasons: 1) this deed is not for the subject property, 2) it was created and recorded by parties aware of an uncompleted subdivision for the subject property (one of which still claims ownership), 3) it was recorded in clear violation of ECDC 20.75, and 4) applicants were not aware of the deed, and therefore could not have relied upon it, prior to their auction purchase. SWD AFN 200710310959 helped create the current situation, so allowing this deed to create a lot of record would be a subversion of the subdivision code and the intent of the innocent purchaser provision. The criterion in ECDC 20.75.180.A.4 has not been satisfied. 5. The parcel had a separate tax ID parcel number prior to the purchase of the property by the applicant. Bragin Innocent Purchaser Application File No. PLN20160026 Page 6 of 8 Exhibit 2 1 Packet Pg. 31 2.1.a Snohomish County completed a segregation in 2008 with the subject property retaining TPN 00463302000400 (Attachment 18) and the remainder of the property being assigned the TPN 00463302000402 (Attachment 19). Snohomish County segregated the property based on the 2007 statutory warranty dead recording under AFN 200710310959 in violation of the City's subdivision statutes. The criterion in ECDC 20.75.180.A.5 has been met. G. ECDC 20.75.080.B notes that innocent purchaser status may be approved subject to conditions of approval requiring the applicant to make improvements to the property that would likely have been required by the city had the property been properly subdivided, unless it is determined that such improvements have already been constructed. The preliminary approval granted in S-2005-102 contains a number of required improvements for a three lot subdivision if S-2005-102 had been finalized. Since the subject application is being denied, no conditions are being proposed at this time. IV. DECISION ON INNOCENT PURCHASER STATUS Based upon the Findings of Fact, Conclusions, and Attachments to this staff report, the application for an innocent purchaser and lot of recorded status for the property addressed as 9114 -240 Street SW (tax parcel number 00463302000400) is DENIED because criterion ECDC 20.75.180.A.4 has not been satisfied. V. APPEAL Pursuant to ECDC 20.07.004, a party of record may submit a written appeal of a Type II decision within 14 days after the date of issuance of the decision. The appeal would be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. VI. PARTIES OF RECORD City of Edmonds 121 — 5th Avenue North Edmonds, WA 98020 Russel Hermes Hermes Law Firm, PSC 1812 Hewitt Avenue, Suite 102 Everett, WA 98201 Patrick Crosby PO Box 543 Mukilteo, WA 98275 Boris and Elena Bragin 16006 — 73`d Drive SE #B Snohomish, WA 98296 Chris Fitting 24104 — 92" d Avenue West Edmonds, WA 98020 Bragin Innocent Purchaser Application File No. PLN20160026 Page 7 of 8 Exhibit 2 Packet Pg. 32 2.1.a VII. ATTACHMENTS 1. Land Use Application 2. Applicant Affidavit 3. Notice of Trustee Sale AFN 201505270926 4. Investors Choice Property Detail 5. Deed of Trust AFN 200505260729 6. Trustees Deed upon Sale AFN 201602010295 7. Statutory Warranty Deed AFN 200710310959 8. Quit Claim Deed AFN 201512080569 9. S-2005-102 Preliminary Approval Staff Report 10. Letter to Parties of Record Regarding Expiration of S-2005-102 11. Title Report - Tax Parcel Number 00463302000400 12. Zoning and Vicinity Map 13. Public Notice Documentation 14. Chris Fitting Email 15. Patrick Crosby Email 16. Snohomish County Fire District No. 1 Comment Form 17. Engineering Division Comments 18. Assessor Property Summary Tax Parcel 00463302000400 19. Assessor Property Summary Tax Parcel 00463302000402 Bragin Innocent Purchaser Application File No. PLN20160026 Page 8 of 8 Exhibit 2 Packet Pg. 33 0 W CD C4 W A City of Edmonds Land Use Application ❑ ARCHITECTURAL DESIGN REVIEW � [I COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT FILE 4 PLdIol Gegn ONE Q.s ^ g ❑i HOME OCCUPATION DATES REC'D BY ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION FEE 8'!:L0 RECEIPT # ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE ❑ STAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION I/ OTHER: S]C►ti10LR�lt p{L[G�IfL {� � �1 �t7�- • PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD • PROPERTY ADDRESS OR LOCATION -91 H L io ," st sw Ednao"as WA n)L(49 PROJECT NAME (IF APPLICABLE) PROPERTY OWNER 0ems � t Lp-nU ��9��(amn PHONE # 4LS- Z 31- q z-�q ADDRESS 11 UP N � R _i][1C 115�'1 w p-\ m Zgto E-MAIL - FAX # Make u", TAX ACCOUNT # L1DA63�JZCDr qCG SEC. �l TWP. 2� RNG. L, DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) � O Ob1-G1M CJ, l �� 1D�- ��t��a��►EZ�� -h�� OD�t��%-�Jl� 1��-�t�141�_� �•i� Yhi��te DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY)_ See- a'tttx1nec1 dCrLmM u��e �YL� ht �Lw�haer status . APPLICANT &%s � 1�Ewro, u`0.q��1 1r, PHONE # � Z 1 �9� 3uU' 503 1 ADDRESS ItQQW 3 3L4 Dtr SC- * 2 �Yi�� lE�l 1 uJA- a&ZRl-y - - - E-MAIL Q 1 (J 1 YIP Icllf e , ama ll^ '� 11fi�71 1 I Ax # CONTACT PERSON/AGENT �Ad7 & AgW C 4► 1— PHONE # ADDRESS E-MAIL FAX # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, 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 part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this application on the behalf of the owner as listed below. ram' SIGNATURE OF AEELicAIs7 /AGENT ATF S Q Z L!2(0 Property Owner's `Authorization T& I, 42-IS ; �lJ -, L) , certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this application. �Orl1 Lo• - AOkw Devi -l!s-&Lln LLl k U,; & &re L`Yl V kAJ k3ei+y SIGNATURE OF OWNER DATE 0 c z liolko Questions? Call (425) 771-0220. Revised on 8122112 B - Land Use Application Page 1 of I Attachment: APL20160001 Staff Report with Attachments (1623 : File NumbeAPL20160001 - Appeal of 2.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 In re the Real Property Located At: 9114 240TH STREET SW EDMONDS, WA 98026 STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH) RECEIVE JUN 18 2016 PLANNING DEP`f AFFIDAVIT OF PURCHASER RE: LOT OF RECORD/ INNOCENT PURCHASER ECDC 20.75.180(A.1-A.5) ELENA BRAGIN, being first duly sworn upon oath, deposes and says as follows: 1. My husband and I are the applicants for Lot of Record status with respect to the above -described real property. I am over the age of eighteen (18) years, am otherwise competent to testify to the matters contained herein, and make this Affidavit of my own personal knowledge. 2. I am submitting this Affidavit and the attachments hereto to supplement my Lot of Record status application previously submitted to the City of Edmonds. This information is provided to satisfy the conditions of ECDC 20.75.180(A.1-A.5). 3. The information requested by ECDC 20.75.180(A.1-A.5), and my responses, are as follows: AFFIDAVIT OF ELAINE BRAGIN -1 CL\Bragin106-16-16 EBragin Affidavit HERMES LAW FIRM, PSC 1812 Hewitt Avenue, Suite 102 Everett, Washington 98201 Telephone- 425,339.0990 Facsimile: 425.339.0960 Exhibit 2 Attachml Packet Pg. 35 2.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A. The applicant did not have actual notice regarding the subdivision of the property in question.. Response: We had no actual notice regarding the subdivision. The property was subject to a Nonjudicial Deed of Trust foreclosure and we were interested in making a purchase offer. We reviewed the May 27, 2015 Notice of Trustee's Sale, which contained a legal description showing both Lots 4 and 5. We therefore had no notice that the two lots were split. A true and accurate copy of the said Notice of Trustee's Sale is attached hereto as Exhibit 1. Nor did any markings exist on the site to lead us to believe the property was other than as described in the Notice of Trustee's Sale. B. The purchase price of the parcel is consistent with an arm's length transaction. Response: We purchased the property at foreclosure sale, with the assistance of a third party Foreclosure Assistance company. The 2015 assessed value is listed at $297,900.00. We paid $300,069.00 for the property. A true and accurate copy of the Trustee's Deed is attached hereto as Exhibit 2. C. The owner did not purchase the property from a relative. Response: We purchased the property at foreclosure sale, with the assistance of a third party Foreclosure Assistance company. We are not related by blood or marriage, or socially acquainted with, any of the parties to the transaction. D. At the time of purchase, there was some existing deed, record or survey showing the subject parcel as a separate lot. Response: The Trustee's Deed contains a different legal description than the legal description contained in the Notice of Trustee's Sale. See Exhibits 1 and 2. AFFIDAVIT OF ELAINE BRAGIN - 2 HERMES LAW FIRM, PSC CL\Bragin106-16-16 EBragin Affidavit 1812 Hewitt Avenue, Suite 102 Everett, Washington 98201 Telephone 425.339.0990 Facsimile; 425339.0960 Exhibit 2 Attachm Packet Pg. 36 1 2.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 That fact was brought to our attention after the foreclosure sale. We then found a deed of record indicating that in 2007 one John Ryan had previously sold a portion of the property to Tri Star Homes, Inc. That transfer occurred via Statutory Warranty Deed in 2007, about eight (8) years prior to the foreclosure sale. A true and accurate copy of the Statutory Warranty Deed is attached hereto as Exhibit 3. We have now come to learn that the 2007 Statutory Warranty Deed transfer was the transfer that separated the property in violation of the subdivision statutes. E. The parcel has a separate tax ID parcel number prior to the purchase of the property by the applicant. Response: In August, 2008, the County completed the segregation, with the subject parcel retaining TPN 00463302000400. At the same time, the County assigned TPN 00463302000402 to the adjacent parcel. These two parcels were the two parcels that were created by the 2007 Statutory Warranty Deed transfer that separated the property into two lots in violation of the subdivision statutes. Metroscan property information for the subject parcel (TPN 00463302000400), and the adjacent parcel (TPN 00463302000402) is attached hereto and marked respectively Exhibits 4-1 and 4-2. 4. Therefore, I hereby request that the City of Edmonds approve our designation as Innocent Purchasers, and grant Lot Record status to the subject property. 5. In addition, when considering whether to impose conditions to the approval, I would point out that one house exists on the property. That home was built in 1943, according to attached Exhibit 4-1. The effect of granting Lot Record status will create no further density or intensified use of the property than has historically existed. Any density change or intensification will only occur if TPN 00463302000402 is developed. Therefore, I request that no subdivision conditions be imposed on the property as a condition to approval for Lot of Record status. AFFIDAVIT OF ELAINE BRAGIN - 3 HERMES LAW FIRM, PSC CL1Bragin106-16-16 EBragin Affidavit 1812 Hewitt Avenue, Suite 102 Everett, Washington 98201 Telephone: 425 ,33 9.0990 Facsimile: 425,339, 0960 Exhibit 2 Attachm Packet Pg. 37 1 2.1.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151 16 17 18 19 20 21 22 23 24 25 26 6. All referenced Exhibits are fully incorporated herein by this reference. Dated at Everett, Washington on url , 2016. SUBSCRIBED AND SWORN to bt 2016. AFFIDAVIT OF ELAINE BRAGIN - 4 CL1Bragin106-16-16 EBragin Affidavit Residing At: DNS Commission Expires: HERMES LAW FIRM, PSC 1912 Hewitt Avenue, Suite 102 Everett, Washington 96201 Telephone: 425.33M990 Facsimile: 425.339.0960 Exhibit 2 Attachm Packet Pg. 38 ELECTRONICALLY RECORDED 201505270926 4 05/27/2015 04:54 PM 75.00 SNOHOMISH COUNTY, WASHINGTON ..--WHEN RECORDED MAIL TO: uall - ty Loan Service Corp. of Washington C/O'Quality Loan Service Corporation iij Ivy..Street ."San Diego. CA 92101 .. .......... TS No.: WA-09-26 .:.S SPACE ABOVE THIS LINE FOR RECORDER'S USE APN No.: 064i533. Title Order 20'. 0- SO Deed of Trust rh6o (s'):..J HN 9 RYAN, LOIS A RYAN Deed of Trust Grantee(s)` MORTGAGE UECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR 116MECOMii G87k[NANCIAL NETWORK, INC. Deed of Trust lnstrume1WR-eierebce N-0._: 200505260729 NOTICROF TRUSTEE'S SALE Pursuant to -the -Revised Code of Washington 61.24, et seq. 1. NOTICE IS HEREBY GIVVEN -dint QuAity Loan Service Corp. of Washington, the undersigned Trustee, will on 9/25n015, at 10:00 AM On -the steps in #04of the North entrance to the Snohomish County Courthouse, 3000 Rockefeller A -Venue, Evere%- -WA 94- 01 sell at public auction to the highest and best bidder, payable in the form of credit bid or cash .bid iin the-form'of cashier's check or certified checks frorn federally or State chartered banks, at the time .96ale.IW folj6wIng described real property, situated in the County of SNOHOMISH, State of Washingtoi;,to-wit: LOTS 4 AND 5, BLOCK 20, HANSBURYS SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLAtS,..PAGE .20, RECORDS OF SNOHOMISH COUNTY, WASHINGTON EXCEPT THE NORTA 166 ; . W FEET AS MEASURED ALONG THE EAST LINE OF THE WEST 190 92 FEET AS. MEASURED --ALONG THE NORTH LINE TOGETHER WITH THAT PORTION OF VACATE1D--STi&iT..W.HICH WOULD ATTACH BY OPERATION OF LAW, ALSO KNOWN AS LOT A OF BOUNDARY LINE ADJUSTMENT NO BLA150-92 RECORDED UNDER AUDITOR'S FILE NUMBER '9208210046 AND AMENDED UNDER AUDITOR'S FILE NUMBER 9209030553 AND 9303t*5,.FtkC0RDS OF SNOHOMISH COUNTY, WASHINGTON. More commonly known as: 9114 240TH STREET SOUTHWEST, EDMONDS, WA 98026 which is subject to that certain Deed of Trust dated 5/20/2005, recorded 5/26A2005,--underIW505260729 records of SNOHOMISH County, Washington, from JOHN S RYAN AND LOIS A., RYAN, HUSBAND AND WIFE, as Grantor(s), to LAWYERS TITLE, as Trustee, to secure favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS. NOMINEE -IFO R HOMECOMINGS FINANCIAL NETWORK, INC., as Beneficiary, the beneficial iMerest in Which "was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,, AS NOMINEE Fog HOMECOMINGS FINANCIAL NETWORK, INC. (or by its successors -in -interest anclAo.r a`sslos,..if to DEUTSCHE BANK NATIONAL TRUST COMPANY AMERICAS, as Trustee for-.,. Mokeage,:.- Asset-Backed Pass -Through Certificates, Series 2005-QOI. C I ss L Exhibit 2 Attachinj Packet Pg. 39 -'It, rNo action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of ..the obligation in any Court by reason of the Borrower's or Grantor's default on the obligation secured by the ...-,-`,.,..-Deed of Trust/Mortgage. 1W .:The default(s) for which this foreclosure is made is/are as follows: ay when due the following amounts which are now in arrears: $100,355.72 The stim owing on the obligation secured by the Deed of Trust is: The principal sum of $176,353.75, together A !nwvist at Provided in the Note from the 1211/2008, and such other costs and fees as are provided 8y stiiute- V. -Iie .above -described. "real property will be sold to satisfy the expense of sale and the obligation securedty-the Ehe&a of Tiust:`a's-provided by statute. Said sale will be made without warranty, expressed or implied, regording titI8,-.po5sesqiaft or encumbrances on 9/25/2015. The defaults referred to in Paragraph III must be cured by'4/14120115- -I 1 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued.and terminated if at any time before 9114/2015 (11 days before the sale) the default as set forth in Paragraph Ill'is `�d -ind the Trustee's fees and costs are paid. Payment must be in cash or with cashiers or certified checks from- . a State or federally -chartered bank, The sale may be terminated any time after the 9114/2015 (11 days Nfo& " the s&Ie`410:Andbefore the sale, by the Borrower or Grantor or the holder of any recorded junior lien ofqncumbrancd'bXpaying the principal and interest, plus costs, fees and advances, if any, made pursuant to the tern s of $Kh 'of liga;jon.and/or Deed of Trust, and curing all other defaults. Wks: Vt. A written Notice Default trafismitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addres4esX"' NAME JOHN S RYAN AND LOIS A. RiAN,"HUS]§AND AND WIFE ADDRESS 9114 240TH STREET SOUTHWEST, EDMONDS, WA-98026 by both first class and certified mail, proof of -which: -is in -the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, whh-'s"a'id. written Notice of Default or the written Notice of Default was posted in a conspicuous place on the -real. propfeW -described in Paragraph I above, and the Trustee has possession of proof of such service or popfin*,.. Thfse 'requirements were completed as of 4/15/2015. Vt], The Trustee whose name and address are set fortlibelow-w"ill provide -in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the saleT VIII. The effect of the sale will be to deprive the Grantor and" -all those who'hold: by, through or under the Grantor of all their interest in the above -described property. ix. Anyone having any objections to this sale on any grounds whaispe ' Vef'�vil ' Lb6'affbrded an opportunity be to heard as to those objections if they bring a lawsuit to restrain the sale pyrsWnt WiCW---'6-I.24.l30. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating thq-TMstee's sale. NOTICE TO OCCUPANTS OR TENANTS — The purchaser at the Trnsfie's.Sak is entitled to possession of the property on the 20'h day following the sale, as against the drgzrtor--dnder the deed of trust (the owner) and anyone having an interest junior to the deed of trust, includMg ogcu.pxn,ts'who are not tenants. After the 20th day following the sale the purchaser has the right to ev . kt'bc.cu pantg-wh6-- are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupfed.0r.okrty,,:` the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.0K THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR-RQME.-: You have only 20 DAYS from the recording date of this notice to pursue mediation. Exhibit 2 Attachmi Packet Pg. 40 2.1.a DONOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN -",W,ASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may .-,help you save your home. See below for safe sources of help. w. SEEKING ASSISTANCE ,.14o�4ng_counselors and legal assistance may be available at little or no cost to you. If you would like a0istoce i1i det'ermin#ng,your rights and opportunities to keep your house, you may contact the following- The-st.otewid�-foreclosire'hotline for assistance and referral to housing counselors recommended by the Housing ..,�Financi ;.'CMmisston: Toll -free: 1-877-894-HOME (1-877-894-4663) or Web site: h :/lwtivw. fi:wa. ov/cos rs/homeownershi / st purchase -counselors foreclasure.htm, The United States Department, of Housing and Urban Development: Toll -free: 1-800-5694287 or National Web Site: 'ht—WZ/ ortaLhud'ov/hudportal/HUD or for Local counseling agencies in Washington: dfc s S The statewide civil legal Md.hotline for - assistance and referrals to other housing counselors and attorneys: < Telephone: 1-800-606- !1 . of Web site.: fiM.Hnwiustice.orglwhat-clear. T c If the sale is set aside for any reasop,.including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return .of tt1e; monies paid to the Trustee. This shall be the Purchaser's sole c and exclusive remedy. The p4chaser'.shall have..riii further recourse against the Trustor, the Trustee, the Beneficiary, the Beneficiary's Agee, or the'$eneficiary's Attorney. c s If you have previously been dischai*e through bankruptcy;, you may have been released of personal E liability for this loan in which case this letter is intended-ro exercise the note holders right's against the real property only. c u •4k r c a c s c s c c ' s S c ' ~ i • 0 .y4 µ u c _ c t c - _ u c c • s - - c r• + + Exhibit 2 Attachinj Packet Pg. 41 2.1.a QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE .,.,As ra'quired by law, you are hereby notified that a negative credit report reflecting on your credit record mg..be sq_ bmitted to a credit report agency if you fail to fulfill the terms of your credit obligations. 4 Quality Loan Service C6rp. of Washington, as Trustee '' 'Y�� By: Maria Montana, Assistant Secretary Trustee'sMai,ling Address: Quality I Service Qfi'- Vashington CIO Quality Loan Service Corp.-.orp.._. 411 Ivy Strut, Sari Diego, CA' 92101 (866)645-77i'l •.- --- Sale Line: 714-730-Z727 --" Or Login to: htta://Wa.huaJitylaan.com TS No.: WA49-265"11-SH . Trustee's Physical Address: Quality Loan Service Corp. of Washington 108 1 "Ave South, Suite 202 Seattle, WA 98104 (866)925-0241 A notary public or other office 'r.-6mp?eting-this certificate verifies only the identity of the individual who signed the document to wh(cit this certi`icate is attached, and not the truthfulness, accuracy, or validity of that document. c • s State of: California) I County of: San DIM c MAY $62015 On f me, CQURTIVEY pATANIA a notary public, personally appeared ,"who pmvEd to••me._on the basis of satisfactory evidence to rson whose me ) is/ e s sc ed to tlie. r+ithiri_ instrument and acknowledgedRed, ar /she/ ey xecuted the s n h /)ter/t eir authorized s'apa�city(is), and that by irs e on the instrument the pers or the:entity. ripogeha4� of which the perso executed a instrument. s c I certify under PENALTY OF PERJURY under the laws ofAtihe .State.'.of California that the foregoing paragraph is true and correct. s WITNESS my hand and official seal. (Seal) 0 CWWNI:Y PATANA w Commi"lon #204I158 :; Signature Itowy Pitbuc-jCk1N0 nla u Son Die9b County COURTNEY PATANIA At COMM. Ex ir�silov.•t; 201T• c - u c c • s - - c I r• + + Exhibit 2 Attachinj Packet Pg. 42 16( 2015 hfps J/myreW 4ftb.com/property/82175 2.1.a INVESTORS CIIOIC (�1 iri/ ACC Yidr gy d �ir us [m Property Detail Basic Information Address: 9114 240TH ST SW EDMONDS, WA 98026 Year Built: 1943 Square Feet: 1,788 Bedrooms: 2 Bathrooms: 1.5 Assessor information Year Built: 1943 Finished SgFt: 1,788 Bedrooms: 2 Bathrooms: 1.5 Full Bathrooms: 1 Half Bathrooms: 1- Lot Size: A0,454 SgFt (0.24 Acres) Present Use: SFR Property Type: SFR Zoning: ' RS8 Market Value Data Zestimate: $400,922 Assessed Value: $297,900 Assessed Land: $210,000 Assessed Structure: $87,900 2014 Last Sale Amount: $165,000 Last Sale Date: 2004-09-17 00:00.00 BID: $199,953 Grantor: RYAN Active Property ID: 82175 Auction Grantor: RYAN, JOHN S . Address: 9114 240TH ST SW EDMONDS, WA` 9$026 Trustee. QUALITY LOAN SERVICE COkP/WA Sale Location, 3000 ROCKEFELLER AVE, EVERETT 10:00 Sale Information Sale Type: Trustee Grantor: RYAN, JOHN S Address: 9114 240TH ST SW EDMONDS WA 98026 Trustee: QUALITY LOAN SERVICE CORP/WA Trustee Sale WA-09-265041SH Number: NTS #: 201505270926 Sale Date: 2015-10.02 10:00:00 (09-25-2015) Sale Location: 3000 ROCKEFELLER AVE, EVERETT Beneficiary: DEUTSCHE BANK DOT #: 200505260729 Estimated Debt: $276,709.47 Minimum Bid: $199,953.35 ($197,987) Sale Results: Active Title Taxes: $1,625.25 Year: 2015 JudgmentAmt.: $176,353.75 Status Information Date Added to Site: 2015-06-12 08:30:18 Date Last Updated: 2015-10-01 15:27:20 Date Last Verified: 2015-09-29 10:41:25 1248 https:Hmyrealtytub.com/property/82175 1/1 Exhibit 2 Attachml Packet Pg. 43 i Ret-&-Io HOMECOMINGS FINANCIAL NETWORK, INC ONE MERIDIAN CROSSING, #100 MINNEAPOLIS, MN 55423 1.5. ,, . - .f,' 5..•...i lll111�111111�111� - - - - _ _ _ _ 200505260729 21 PGS 05-26-2005 01:33pm $40.00 SNOHOmISH COUNTY. WASHINGTON HANBURYS'S.OUND. VIEW TRACTS, LOTS 4 AND 5, BLK 20 more fully described-6 . n.1gal 6�S&Vipn attached on Page 13 RECORDED BY Property: Tax ?afcel,'Numbe,r :,00-4633-020-004-00 AWYERS TITLE AGENCY ()F WAVINGTON 3 -6,261 I -space Above This Una For Recording Data] Loan No G42-4�3�75',@" Data ID 689 Borrower JOIN S---AYAN .DEED OF TRUST MIN 100062604243357508 DEFINITIONS Words used in multiplLn sectionw of tWi document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 aijtf'21 .-Cepai;j rules regarding the usage of words used in this document are also provided in Section 16..-' (A) "Security Instrument" means thts,46ciimiLnt, Wh - tqh is dated May 20, 2005, together with all Riders to this document (B) "Borrower" is JOHN S RYA14. AND I.OI$,A. RYAN, HUSBAND AND WIFE Borrower is the _ trustor under this Security Instrum6ht. (C) "Lender" is HOMECOMINGS FINANCIAL NETWORK,. INC Lender isa Corporation organized and existing under the laws of the State of DELAWARE.- Lerider's address is 1687 114TH AVE, SE, SUITE 100, BELLEVUE, WA 98004 (D) "Trustee" is LAWYERS TITLE ... .. . (E) "MERS" is Mortgage Electronic Registration tert s,-'I'fii5"'-MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's skcessofs and assigns MERS is the beneficiary under this Security Instrument. MERS is organized o`nd Aistiiig tinder the laws of Delaware, and has an address and telephone number of PO Box 2026, Mii.tl.Ntf 48301-2026, tel (888) 679-MERS ........... WASHINGTON - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 Exhibit 2 E 0 Cl) O O -j (L (Page'-i of 13 . Pages) E Ca Attachmi Packet Pg. 44 2.1.a Load No 042-433575-0 Data ID 689 N (E) "Mote" means the promissory note signed by Borrower and dated May 20, 2005 The Note states to ti •fhav'horrower owes Lender TWO HUNDRED SIXTYSIX THOUSAND and NO/100-----Dollars c (11.S. S266,000,00) plus interest Borrower has promised to pay this debt in regular Periodic Payments N and..to pay the debt in full not later than June 1, 2035. a 4 .•' (G)"`Property" means the property that is described below under the heading "Iransfer of Rights in ahe Property" 0 (H) "Loan" --%means the debt evidenced by the Note, plus interest, any prepayment charges and late C chaiges -due -undtrr the Note, and all sums due under this Security Instrument, plus interest. o r (1) i`jtiders" means all Riders to this Security Instrument that are executed by Borrower The following w � 2 Riders-are-•6,bir exeotdd`y Borrower [check box as applicable] Q ® Adjusfable,.Rate::Rider ❑ Condominium Rider ❑ Second Home Rider m ❑ Balloon,.Rider, , - '••' •' , ❑ Planned Unit Development Rider � NJ1-4Family_l�ider., _-•'�::❑ Biweekly Payment Rider L ❑ Other(s) .lspectl'yl a (J) "Applicable' Law" mgaf s all controlling applicable federal, state and local statutes, regulations, ordinances and adinin dative rules and orders (that have the effect of law) as well as all applicable c final, non -appealable'' judicial, opinions 0 c (K) "Community Association Dues- Fees; acid Assessments" means all dues, fees, assessments and other charges that are imposed•-irt B6Tra�v 4r )r•�the Property by a condominium association, homeowners �a �• association or similar' aniiation v �..... a, (L) "Electronic Funds Transfer" mesas" a'ny transfer of funds, other than a transaction originated by check, draft, or similar paper ipsirvmer ht, which is initiated through an electronic terminal, telephonic Ta instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such teem. Ancludds, but-i5-,not limited to, point -of -sale transfers, automated o teller machine transactions, trarisfeis.,tiutiated b)+.tele f.bone, wire transfers, and automated clearinghouse o transfers r . a� a (M) "Escrow Items" means those items •ihat,.aierdescribed in Section 3. _ r' a (N) "Miscellaneous Proceeds" means arty ent, award of damages, or proceeds paid r by any third party (other than insurance proceeds pAiti under the coverages described in Section 5) for o (i) damage to, or destruction of, the Property, (p)' condeiifnation or other taking of all or any part of the Property, (tit) conveyance in lieu of condemnatiori, or,'•(iv);misrepresentations of, or omissions as04 o to, the value and/or condition of the Property r (0) "Mortgage Insurance" means insurance ptotecting Lerider against the nonpayment of, or default 0 on, the Loan (P) "Periodic Payment" means the regularly scheduled; amount 'dub for (i) principal and interest under m the Note, plus (ii) any amounts under Section 3 of this Security Instrument — ii (Q) "RESPA" means the Real Estate Settlement Prdcedures.•Act� �(f2.' -.0 S C §2601 et seq) and its04 M implementing regulation, Regulation X (24 C FR Part �500), 9> they might be amended from time to to time, or any additional or successor legislation or regulation that.g6veYns the same subject matter As =- used in this Security Instrument, "RESPA' refers to all requIreittents atld :restrictions that are imposed y in regard to a "federally related mortgage loan" even if the Lgan'does not qualify as a "federally related mortgage loan" under RESPA. E (R) "Successor in Interest of Borrower" means any party that has taken •tiile,.6 the Property, whether r or not that party has assumed Borrower's obligations under the Note and/.car thts•`Security Instrument a t r• 3 0 a r 0 r O J •.5 . r WASHINGTON - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3048 1/01 (Page 2 of 1�-Pagps) E . t r r' • r 1' . I. a Exhibit 2 Attachlul Packet Pg. 45 2.1.a .1 Loan No 042-433575-0 Data ID 689 r. u c' ' r-''• C TRANSFER OF RIGHTS IN THE PROPERTY The b6heficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's C, suc,ceSsorg; and assigns) and the successors and assigns of MERS This Security Instrument secures to c L:enikr. (I:) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and s 4 (lt)' the •performance of Borrower's covenants and agreements under this Security Instrument and the i Note,' For"this, purpose, Borrower irrevocably grants and conveys to 'Trustee, in trust, with power of E sale; tfie following described property located in the County of SNOHOMISH r � s r ( HAN8URYS SOUNt 'VIEW TRACTS, LOTS 4 AND 5, BLK 20 , more fully described on Legal bescription attached on Page 13 `- - i _ S r. S ( ( .14 1. • r' - r• < C r C C e C r: C 5k 4' < S u ..... C, u - - L ( ( which currently has the address of 9114 240TH STREET SOUTHWEST; EDMONDS, WASHINGTON [Street]98026 (:`property Address"). [city[ [Zip code] U r C U C r' o •s r WASHINGTON - single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT i Form 3048 1101 (Page..8 of 1 Pages) s * r< r' Exhibit 2 Attachmi Packet Pg. 46 2.1.a .1 Loan No 042-433575-0 Data ID 689 TOGETHER WITH all the improvements now or hereafter erected on the property, and allCD tV O -"easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and c "- additio4 shall also be covered by this Security Instrument All of the foregoing is referred to in this N Secuurity Instrument as the "Property " Borrower understands and agrees that MERS holds only legal a title to the interests granted by Borrower to this Security Instrument, but, if necessary to comply with L 4 .''law -'or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right to (D exercise Any,or all of those interests, including, but not limited to, the right to foreclose and sell the E Prgper.t ' and to take any action required of Lender including, but not limited to, releasing and canceline,xhis Security Instrument f 1 ORAOWER'COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and o has:, he right,-too,:•grant and convey the Property and that the Property is unencumbered, except for — encut0T.4.riees•.of recoitd-�.••8orrower warrants and will defend generally the title to the Property against a all claims and demands,.•siibject to any encumbrances of record Q THIS SECURITY INSUMENT combines uniform covenants for national use and non -uniform � covenants ikith hiiitted,vanatipns.: by jurisdiction to constitute a uniform security instrument covering real property.--' , ' J IL UNIFOkM Cf)VEIsiANTS Borrower and Lender covenant and agree as follows- 1. Payment of, •Priricipal;•,Interest, Escrow Items, Prepayment Charges, and Late Charges. c Borrower shall pdy when due...the PXincipal of, and interest on, the debt evidenced by the Note and any c prepayment charges mid late cltar&s due, ,under the Note Borrower shall also pay funds for Escrow Items pursuant to Sea: iore 3 Payrnents:due•.under the Note and this Security Instrument shall be made in U.S currency However; # any cheW,orsbther instrument received by Lender as payment under the Note or this Security 1struihentr is returned to Lender unpaid, Lender may require that any or all subsequent payments due'urider• t-her Note and this Security Instrument be made in one or more of the following forms, as selectedrby Lenders "'(a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashier's ,eheck, Provided any such check is drawn upon an institution whose Ta deposits are insured by a federal agency, lnstkumentality, or entity, or (d) Electronic Funds Transfer Payments are deemed reeeived,by`tender wheii received at the location designated in the Note o or at such other location as may 11e.•¢6ignaied•.by Under in accordance with the notice provisions in o Section 15 Lender may return' any paymenf'br partial payment if the payment or partial payments are insufficient to bring the Load current .,ender may accept any payment or partial payment a insufficient to bring the Loan current, witholgl waiver of any rights hereunder or prejudice to its rights ••but Q to refuse such payment or partial payments' in the future; Lender is not obligated to apply such , payments at the time such payments ••.are accepted ..If eadh Periodic Payment is applied as of its r scheduled due date, then Lender need not pay interest on uhapplied funds Lender may hold such o unapplied funds until Borrower makes payment .16 bring• the Loan current If Borrower does not do so within a reasonable period of time, Lender Shall coffer apply such funds or return them to Borrower o If not applied earlier, such funds will be applied xo•the Qutstanding principal balance under the Note J immediately prior to foreclosure No offset dr clalm•wliich 8brrower might have now or in the future iL against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreemeAts' secullbed, by this Security Instrument. 2. Application of Payments or Proceeds. ceps as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied ui thg following order of priority (a) interest Z due under the Note, (b) principal due under the Note; (c)-' amounts due under Section 3 Such payments shall be applied to each Periodic Payment 1h.- he Qrder in which it became due Any remaining amounts shall be applied first to late charge$, secolid,fo'•anq ;other amounts due under this Cl) Security Instrument, and then to reduce the principal b$la'rice •fif the Note to If Lender receives a payment from Borrower for a delinquert •Reriodic Payment which includes a sufficient amount to pay any late charge due, the payment fray; -'be applied to the delinquent payment and the late charge If more than one Periodic Payment is ovtstatiding,'-Lender may apply any payment = m received from Borrower to the repayment of the Periodic Payinerils iL.'and'to the extent that, each E payment can be paid in full To the extent that any excess exists.-Aftet the.. Payment is applied to the full payment of one or more Periodic Payments, such excess may bd applied..tb'-any late charges due Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Q Note Any application of payments, insurance proceeds, or Miscellarinous,.Iprocee4 to principal due under the Note shall not extend or the due date, or chant -of the Periodic 3 postpone S-Ae•-amoutit, Payments ;= o sa. } Y� H 1 Cn r 0 +' J IL WASHINGTON - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 (Page-.4 of la'Pagas) E t :r r' r Q . 1 Exhibit 2 Attachmi Packet Pg. 47 2.1.a Loaii No 042-433575-0 Data ID 689 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts dtie fir•. (a) taxes and assessments and other items which can attain priority over this Security • ` Instr iment as a lien or encumbrance on the Property, (b) leasehold payments or ground rents on the FToperty, if any, (c) premiums for any and all insurance required by Lender under Section 5, and 4 (d} 'Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the , phym=l of ,Mortgage Insurance premiums in accordance with the provisions of Section 10 These items are.•gIdd "Escrow Items " At origination or at any time during the term of the Loan, Lender may Gequtte thaf••Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees 4nd assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all 'notices.of aniqunts'to•be paid under this Section Borrower shall pay Lender the Funds for Escrow Iteitls unless -render wanes Borrower's obligation to pay the Funds for any or all Escrow Items. Lender,.may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time Any sach waiver•'may only be in writing In the event of such waiver, Borrower shall pay directly, when and-•where•'payable, the amounts due for any Escrow Items for which payment of Funds has been waived by. Lender ,and, if • Lender requires, shall furnish to Lender receipts evidencing such payment within such time -period as Lindea' may require Borrower's obligation to make such payments and to provide receipts shell fdr- 'all• purposes be deemed to be a covenant and agreement contained in this Security Instrument, as'the.-Phrase "covenant and agreement" is used in Section 9 If Borrower is obligated to pay Escrow Ildrns directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Itetii, Len'der''may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or a1L'scrbw`Iteii`is at any time by a notice given in accordance with Section 15 and, upon such revocation; Borrower shall ;pay,..to Lender all Funds, and in such amounts, that are then required under this Section-3 "ti Lender may, at any tinte, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Finds at t$e •tirio, pecified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA:"nder shall estimate the amount of Finds due on the basis of current data and reasonattle gsiimafW of., expenditures of future Escrow Items or otherwise in accordance with Applicable U: * ` The Funds shall be held in.•-a0i6tit,ution.-w•4ose deposits are insured by a federal agency, instrumentality, or entity (including Le'nder,.rif Lender: is an institution whose deposits are so insured) or in any Federal Home Loan $and I-nder•'shall. apply the Funds to pay the Escrow Items no later than the time specified under RESPA, .• Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escicrv•,.account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and-Appheable Law permlis Lender to make such a charge Unless an agreement is made in writing or Applicable Law re46ires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest ,eir earnings on the Funds Borrower and Lender can agree in writing, however, that interest shall be paid.oii the -.Funds Lender shall give to Borrower, without charge, an annual accounting of the Fbnds as'regitired'• by RESPA. If there is a surplus of Finds held in escrow,r•as defined under RESPA, Lender shall account to Borrower for the excess funds in accordanci�%wA RESPA. ,,• If there is a shortage of Finds held in escrow, as defined under RESPA, Lender shal)-,notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to mike up• the,&1roi'tage in accordance with RESPA, but in no more than 12 monthly payments If there is a dbriciericy of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RE$PA,';and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance•witl� RESPA, but in no more than 12 monthly payments ... Upon payment in full of all sums secured by this Secu_ rity •-InMrument, Lender shall promptly refund to Borrower any Funds held by Lender .••.•. 4. Charges; Liens. Borrower shall pay all taxes, ass0smeri9;-, ch4rges, fines, and impositions attributable to the Property which can attain priority over this Scr~urtty' Instrument, leasehold payments or ground rents on the Property, if any, and Community Association fkues,' Fees, and Assessments, if any To the extent that these items are Escrow Items, Borroi eq shaft pay fherri: in the manner provided in Section 3 •••••. Borrower shall promptly discharge any lien which has priority over tli7s Secutaty Instrument unless Borrower- (a) agrees in writing to the payment of the obligatioi seeured"by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreetiterlt,.0) contests the lien in good faith by, or defends against enforcement of the lien in, legdl'proceedi-ilgs which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings ard'pbnding, but only until such proceedings are concluded, or (c) secures from the holdeu-bf the Tien an agreement satisfactory to Lender subordinating the lien to this Security Instrument `If Lenaer•-aetefmines that any part of the Property is subject to a lien which can attain priority over this -Security Instrumint, Lender may give Borrower a notice identifying the lien Within 10 days of the date on,whieh that notice is given, Borrower shall satisfy the lien or take one or more of the actions. set forih above in this Section 4 ' Lender may require Borrower to pay a one-time charge for a real estate ax yeh-fication "and/or reporting service used by Lender in connection with this Loan WASHINGTON - single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 (Page g of 13•Pagos) . I. Exhibit 2 AttachalPacket Pg. 48 2.1.a Loan No 042-433575-0 Data ID 689 ' 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected N ti 'dii Jh& Property insured against loss by fire, hazards included within the term "extended coverage," and c -' oily oilier hazards including, but not limited to, earthquakes and floods, for which Lender requires z _..'Insur-ance, This insurance shall be maintained in the amounts (including deductible levels) and for the _J periods thdt Lender requires What Lender requires pursuant to the preceding sentences can change a k duFtrig tjie term of the Loan The insurance carrier providing the insurance shall be chosen by a� Borrower &Qject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unre�seriably '' Lender may require Borrower to pay, in connection with this Loan, either (a) a Z Brie-time-chuge, for flood zone determination, certification and tracking services; or (b) a one-time = change for flood zone determination and certification services and subsequent charges each time o remapj ings'or srirgilar 'changes occur which reasonably might affect such determination or certification Borrower shall'-Oso be responsible for the payment of any fees Imposed by the Federal Emergency 2 Nlanagq!A r. t- Agency tin'.r ohnection with the review of any flood zone determination resulting from an a objection by•Borrowet;,.. a If 50irower Earls to maintain any of the coverages described above, Lender may obtain insurance coverage, -at,.LendgeR opti6ir,, aW Borrower's expense Lender is under no obligation to purchase any particular type or amount of dovetage Therefore, such coverage shall cover Lender, but might or might U not protect Wirowpr, A6rr es' equity in the Property, or the contents of the Property, against any risk, hazard car liability' and.1night provide greater or lesser coverage than was previously in effect a Borrower acknriwledges that the cost of the Insurance coverage so obtained might significantly exceed C the cost of Insurance thaf 90rrow,er could have obtained Any amounts disbursed by Lender under this U Section 5 shall becom" a "additional debt of Borrower secured by this Security Instrument. These °c amounts shall bear mteresp-�f the Note rate from the date of disbursement and shall be payable, with such Interest, upon notic¢ from Lender 6,Borrower requesting payment All insurance policies• required• -,by •T ender and renewals of such policies shall be subject to Lender's right to discpprove;suc$'poheies, shall include a standard mortgage clause, and shall name Lender as mortgagee aft- i/or`4&' an additional loss payee Lender shall have the right to hold the policies and renewal certificAes ...-If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums 4nd•:renewaj notices If Borrower obtains any form of insurance coverage, not otherwise required by Lender, far`d'amage to, or destruction of, the Property, such policy shall Include a standard mortgage claus�.andshall: nami ''^L.ender as mortgagee and/or as an additional loss ,' o Payee 1. ' In the event of loss, Borrower shall• give prirlript notice to the insurance carrier and Lender. o - Lender may make proof of loss if not'ma'de promptly by Borrower Unless Lender and Borrower CL otherwise agree in writing, any iris,ar4rice pyoceeds, whether or not the underlying insurance was a required by Lender, shall be applied to restoration or repair'.nf the Property, if the restoration or repair a is economically feasible and Lender's.. sedurity is not ,lessened During such repair and restoration period, Lender shall have the right to hold such' insurance proceeds until Lender has had an c opportunity to inspect such Property to ensure the work'has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken pxompxly sender may disburse proceeds for the c repairs and restoration in a single payment or A a series;'of progress payments as the work is completed Unless an agreement is made in writrii& or -Applicable Law requires interest to be on J paid a such insurance proceeds, Lender shall not be r' urred' to pad Borrower any interest or earnings on such proceeds Fees for public adjusters, or other third partr,es,'retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obllgattprl of Borrower If the restoration or repair is 3 not economically feasible or Lender's security would' be,.lesseneo, the insurance proceeds shall be Z applied to the sums secured by this Security Instrument,:whether:br not then due, with the excess, if m any, paid to Borrower Such insurance proceeds shah. --be applied in the order provided for in LL Section 2 M If Borrower abandons the Property, Lender may file;•'ndgoiiate and''settle any available insurance C14 claim and related matters If Borrower does not respond within 30'dhys to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender rrlay n4ot6te and settle the claim The 30-day period will begin when the notice is given In either:•event, or if. -Lender acquires the Property = under Section 22 or otherwise, Borrower hereby assigns to Lender ,.(a) Borrower's rights to any E insurance proceeds in an amount not to exceed the amounts 'unpaid,41ider-the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the, right-,to,.-viiy. refund of unearned M premiums paid by Borrower) under all insurance policies covering:the Property, insofar as such rights a are applicable to the coverage of the Property Lender may use the insrirdnce proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or'this Security Instrument, whether f 3 or not then due Ar6perty o 6. Occupancy. Borrower shall occupy, establish, and use the as- 1�orrower's principal residence within 60 days after the execution of this Security Instrument ,and.,shall-cont'qlne to occupy CL the Property as Borrower's principal residence for at least one year after ite'date of .Q.ccupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasoirably,.withheld; or unless extenuating circumstances exist which are beyond Borrower's control ,' Cn r O J Q WASHINGTON - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1101 (Page.& of 13•Pages) E . t w r Q Exhibit 2 Attachm Packet Pg. 49 2.1.a Load No. 042-433575-0 Data ID 689 ' 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not N O ti 'destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the c -` 1?eopqty Whether or not Borrower is residing in the Property, Borrower shall maintain the Property N m order to prevent the Property from deteriorating or decreasing in value due to its condition Unless itris aeteriiiined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower a. k .1.hal'l'pronlptly repair the Property if damaged to avoid further deterioration or damage If insurance Qr corl.demnotion proceeds are paid in connection with damage to, or the talang of, the Property, BotroweT shalt, be responsible for repairing or restoring the Property only if Lender has released proceeds forksueh purposes Lender may disburse proceeds for the repairs and restoration in a single Z payment' 'or; in ;a series of progress payments as the work is completed If the insurance or o conderonatian pfoceedg' •are not sufficient to repair or restore the Property, Borrower is not relieved of Bori`oviwer's- obligation for the completion of such repair or restoration. 2 ' .Undcr'or• its ageitk-i'liay make reasonable entries upon and inspections of the Property If it has a. reasonable cause, Leni er.•may inspect the interior of the improvements on the Property Lender shall CL a give Borrv� er notice''at' the dine of or prior to such an interior inspection specifying such reasonable cause 8. 13.orrowei' s Loan - Application. Borrower shall be in default if, during the Loan application w process, Borrower or' any?-pis;.z PDS or entities acting at the direction of Borrower or with Borrower's knowledge oi.. consent ,gave ,materially false, misleading, or inaccurate information or statements to a. Lender (or failed to..pi-ovide'Lender with material information) in connection with the Loan Material representations include, but•are•ilot limited to, representations concerning Borrower's occupancy of the a) Property as Borrower's principal tesidence o 9. Protection'' of, Lendees IaTerest in the Property and Rights Under this Security Instrument. c If (a) Borrower fails tko performs the covenants and agreements contained in this Security Instrument, 'tliat (b) there is a legal pi'oceeding inug it significantly affect Lender's interest in the Property and/or S rights under this Secur(ty instrument (Such as a in bankruptcy, for condemnation proceeding probate, or forfeiture, for enforcemeni Q.f'a lien which may attain priority over this Security Instrument or to ai enforce laws or regulations),,.& (e)r'$4rrower has abandoned the Property, then Lender may do and pay for whatever is reasonable pi: appropriate to protect Lender's interest in the Property and rights under this Security Instrunigtit; .including protecting and/or assessing the value of the Property, and securing and/or repairing the Property '',[gender's actions can include, but are not limited to (a) paying any sums secured by a lien which his ovex•this Security Instrument, (b) appearing in court; and o priority, (c) paying reasonable attorneys~. fees;10 protect its,interest in the Property and/or rights under this ° Security Instrument, including its'secured' position. -in a bankruptcy proceeding Securing the Property 76 4) includes, but is not limited to, entering the Prorperty to make repairs, change locks, replace or board 'pipes; Q- CL up doors and windows, dram water fromeliminate bililding or other code violations or dangerous a conditions, and have utilities turned & ox-riff Althoug) t64der may take action under this Section 9, Lender does not have to do so and is' -.not under any -duty dr obligation to do so It is agreed that o Lender incurs no liability for not taking any or all.46tions auiborized under this Section 9 0 Any amounts disbursed by Lender under thins Secitbn -9 shall become additional debt of Borrower secured by this Security Instrument These amounts•shall,bear -interest at the Note rate from the date N of disbursement and shall be payable, with, sucks' interest, upon notice from Lender to Borrower requesting payment k a If this Security Instrument is on a leasehold, Borrowei shall comply with all the provisions of the 4) lease If Borrower acquires fee title to the Propeity,•-ttip- lit seAold and the fee title shall not merge E unless Lender agrees to the merger in writing 10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of malang the m Loan, Borrower shall pay the premiums required to mair�tain.•tlie Mortgage Insurance in effect If, for iz any reason, the Mortgage Insurance coverage required by Lender .. ceases to be available from the 'ivas mortgage insurer that previously provided such insurance. and Bgirower required to make separately N designated payments toward the premiums for Mortgage 'rnsurance,..Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage tnsutance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender If substantially 'equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay fa. Lender _. -the amount of the separately E designated payments that were due when the insurance coverage"'Ceased to.'be .in effect Lender will 0 accept, use and retain these payments as a non-refundable loss reserve in' ]teu o�.Mortgage Insurance w Such loss reserve shall be non-refundable, notwithstanding the fact; that the`i oair:is ultimately paid in a full, and Lender shall not be required to pay Borrower any interest or earnings oir. such loss reserve Lender can no longer require loss reserve payments if Mortgage Insuri hcc coo ,cvage (iri the amount and 3 for the period that Lender requires) provided by an insurer selected by'tcrider'again becomes available, is obtained, and Lender requires separately designated payments toward -tile pit mium for Mortgage a Insurance If Lender required Mortgage Insurance as a condition of mAung''the•'Loan',and Borrower was required to make separately designated payments toward the remiums ,for Mortgage.: Insurance, Borrower shall pay the premiums required to maintain Mortgage I�nsurance"in effect, br tp provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends pf accordance in with any written agreement between Borrower and Lender providing for suchAcrmiriat+on--or until c termination is required by Applicable Law Nothing in this Section 10 affects' Borrower's obligation c to pay interest at the rate provided in the Note O J a. WASHINGTON - Single Family - Fannie Mee/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 (Page7'of 13-Pages) E E . t w r Q Exhibit 2 AttachalPacket Pg. 50 2.1.a Loan No 042-433575-0 Data ID 689 ,Mortgage insurance reimburses Lender (or any entity that purchases the Note) for certain losses ii may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage ._ Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and ]pay enter! into agreements with other parties that share or modify their risk, or reduce losses These k ..--a&reemeats are on terms and conditions that are satisfactory to the mortgage insurer and the other party (.oi p4�.ties) to these agreements These agreements may require the mortgage insurer to make payzr[epts using any source of funds that the mortgage insurer may have available (which may include ridsrobtain;ed from Mortgage Insurance premiums) As 'a 1'esult of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any 4ther,eritity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts" that dbr&6 from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance:•irr'eschange" f-pF'sharing or modifying the mortgage insurer's risk, or reducing losses If such agreement provides that ari affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid tti the irisurer, the arrangement is often termed "captive reinsurance." Farther (a):.Any-• such.=agreemr*s will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or ahy tither terms of the Loan. Such agreements will not increase the amount Borrower will..owe for Mortgage -Insurance, and they will not entitle Borrower to any refund. (b) Any such' agreements will not affect the rights Borrower has - if any - with respect to the Mortgage lnsiicaiice.rinderrthe Homeowners Protection Act of 1998 or any other law. These rights may include the right.to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have tt9 ! Mortgage 'Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums, that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous., Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall:be Maid ta.L',ender. If the Property i$ damaged, such'Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if thew reestoration or- repair is economically feasible and Lender's security is not lessened During such repaaf aid•' 'resforation period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has 'had an opportunity to inspect such Property to ensure the work has been completed to U'ii&r.'.s '�azisfaction, provided that such inspection shall be undertaken promptly Lender may pay for, the repaits acid restoration in a single disbursement or in a series of progress payments as the work is crimp�ted..Untess an agreement is made in writing or Applicable Law requires interest to be patit.oit.such Mfkelfaneoils Proceeds, Lender shall not be required to pay Borrower any interest or earning5••pn suGfi Nliscellatieous Proceeds If the restoration or repair is not economically feasible or Lender's- seeurtty would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this-Seeurity••Instrument, whether or not then due, with the excess, if any, paid to Borrower Such Miscellane.Qtls Proceeds shai}l be applied in the order provided for in Section 2 In the event of a total taking, destruction, ar'loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by' this ,Security Instrument, whether or not then due, with the excess, if any, paid to Borrower In the event of a partial taking, destrdction;r'or lo.8 invalue of the Property in which the fair market value of the Property immediately before the paffial taking, destruction, or loss in value is equal to or greater than the amount of the sums secttred by this,-gecurity Instrument immediately before the partial taking, destruction, or loss in value, unless BorroWeuatitt-Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reciucegt'by the ainount of the Miscellaneous Proceeds multiplied by the following fraction (a) the total amount Hof the s4ms secured immediately before the partial taking, destruction, or loss in value divided., by; , (b) :fhe :•fair market value of the Property immediately before the partial taking, destruction, or Inss••in viilue. Any balance shall be paid to Borrower In the event of a partial taking, destruction, or loss ... iffwdlue of the Property in which the fair market value of the Property immediately before the partial takn,'&struction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing; the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether of not,tfie siims are then due If the Property is abandoned by Borrower, or if, after 'riatice, by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award tri setae a claim for damages, Borrower fails to respond to Lender within 30 days after the date ztie .notice: is given, Lender is authorized to collect and apply the Miscellaneous Proceeds ertlier to.• •restoration or repair of the Property or to the sums secured by this Security Instrument, whether or ,not then. due "Opposing Party" means the third party that owes Borrower Miscellaneous Proieeds-'of.•tlie party against whom Borrower has a right of action in regard to Miscellaneous Proceeds Borrower shall be in default if any action or proceeding, whether criil op-tritttinal; is begun that, in Lender's judgment, could result in forfeiture of the Property or other' material " i'nlpairment of Lender's interest in the Property or rights under this Security Instrument. Btirrow&'can cure such a default and, if acceleration has occurred, reinstate as provided in Section 14, by.-6uping t�a action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes'forfeiture of the Property or other material impairment of Lender's interest in the Property or rights unki.. this' Security Instrument The proceeds of any award or claim for damages that are attributable. -to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender '. All Miscellaneous Proceeds that are not applied to restoration or repair of thl Priip hy shall be applied in the order provided for in Section 2 WASHINGTON - Single Family - Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 3048 1/01 (Page-B of 13'Pag6s) r' r r' Exhibit 2 Att2chm Packet Pg. 51 • 2.1.a .1 Load No 042-433575-0 Data ID 689 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time forCD N O •_.'paymgt or modification of amortization of the sums secured by this Security Instrument granted by o - nde�Cto Borrower or any Successor in Interest of Borrower shall not operate to release the liability N of Borrower or any Successors in Interest of Borrower Lender shall not be required to commence � pmceedinks against any Successor in Interest of Borrower or to refuse to extend time for payment or a 4 otberwise modify amortization of the sums secured by this Security Instrument by reason of any demand xtiade by tj.e,original Borrower or any Successors in Interest of Borrower Any forbearance by Lender in exercfsing any right or remedy including, without limitation, Lender's acceptance of payments from Z third•'person-s, eittities or Successors in Interest of Borrower or in amounts less than the amount then dui shalt nqt be a waiver of or preclude the exercise of any right or remedy. o t3. J-6int,hpq,Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and•_agrees hat •$orrower" obligations and liability shall be joint and several However, any Borrower who edo:stgns''t)xts Security' Inbut does not execute the Note {a "co-signer"). (a) >s co-signing rL this Securit 'instrume tt.•onlp to mortgage, grant and convey the co-signer's interest in the Property Q under It personally Security Instrument, {b} is not personally obligated to pay the sums secured by this Securify [nsirumead (c) agrees ihai Lender and any other Borrower can agree to extend, modify, for or make ariiy:accommodations with regard to the terms of this Security Instrument or the Note without the ct�-sfg., n consent Subject•.to..the provisicns of Section 18, any Successor in Interest of Borrower who assumes a - Borrower's oliligatioris udder this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrt;wex's`nghts-•'and benefits under this Security Instrument Borrower shall not be released from Bdrro:WWs- obligations and liability under this Security Instrument unless Lender agrees C to such release in writing The`covbnants and agreements of this Security Instrument shall bind (except c as provided in Sectiofi 20) and' benefit , the successors and assigns of Lender ai 14. Loan Charges.! Lender. may. charge Borrower fees for services performed m connection with Borrower's default, for -the parpose•nf pi'o'iecting Lender's interest in the Property and rights under this Security Instrument, including, but not -limited to, attorneys' fees, property inspection and valuation fees In regard to any other fees„tie absence -.of express authority in this Security Instrument to charge a specific fee to Borrower shall rlof•be construed as a prohibition on the charging of such fee Lender - may not charge fees that are .expr&SIy 'prohibited by this Security Instrument or by Applicable Law 2 If the Loan is subject to a .Jaw, which sets -,maximum loan charges, and that law is finally o interpreted so that the interest, or.': loa. chaliges, collected or to be collected in connection with the Loan exceed the permitted`luniTs'; then.' (a.)'anyloan charge shall be reduced by the amount ° necessary to reduce the charge lb the"permittad limit; and (b) any sums already collected from CU Borrower which exceeded permitted. limn will. -be refunded to Borrower Lender may choose to make a this refund by reducing the principal Oed ynder the Note ,Qr by making a direct payment to Borrower Q If a refund reduces principal, the fcduction will be Ocaied as a partial prepayment without any ' prepayment charge (whether or not a prepayment cliAfge is provided for under the Note) Borrower's c acceptance of any such refund made by direct payment to -.Borrower will constitute a waiver of any right o of action Borrower might have arising out of sixth overcharge 15. Notices. All notices given by Borrower or:Lr nder in connection with this Security Instrument N must be in writing Any notice to Borrowcr in;: connection' with this Security Instrument shall be a deemed to have been given to Borrower when, mailed" by first class mail or when actually delivered to Q Borrower's notice address if sent by other means Notic `ict.Any one Borrower shall constitute notice to all Borrowers unless Applicable Law expresslyrequires'otherwise The notice address shall be the E Property Address unless Borrower has designated a slibst;tute notice address by notice to Lender Z Borrower shall promptly notify Lender of Borrower's cJiang of.addiess If Lender specifies a procedure for reporting Borrower's change of address, then Horrnwer' shall only report a change of address LL through that specified procedure There may be only gnedesignated.,notice address under this Security Instrument at any one time Any notice to Lender shall be.giue ni by delivering it or by mailing it by N first class mail to Lender's address stated herein unless Under.has destgnated another address by notice to Borrower Any notice in connection with this Security lnsfrument shall- not be deemed to have been given to Lender until actually received by Lender If any notice requixed by this Security Instrument is also required under Applicable Law, the Applicable Law iequtremenf will' -satisfy the corresponding Security Instrument m E requirement under this :. 16. Governing Law; 5everability; Rules of Constructiorti: h" Seeuroy Instrument shall be governed by federal law and the law of the Jurisdiction in which the'Property.•is located All rights and w Q obligations contained in this Security Instrument are subject to any requtremertts and limitations of Applicable Law Applicable Law might explicitly or implicitly allow the parties.•td• agree by contract w or it might be stlent, but such silence shall not be construed as a piohibftigai against agreement by 3 contract In the event that any provision or clause of this Security �istr` i06nt or the• Note conflicts ;= with Applicable Law, such conflict shall not affect other provisions of this Secufitk Instrument or the Q. Note which can be given effect without the conflicting provision 'and As used in this Security Instrument (a) words of the masculine geildex••9hall: mean include corresponding neuter words or words of the feminine gender, (b) words in the siTigulai' shad mean and include the plural and vice versa, and (c) the word "may" gives sole dlscreti6n-,04th6ut ally obligation to to take any action '' c 17. Borrower's Copy. Borrower shall be given one copy of the Now and o'f this Security c Instrument 0 •, J r•t WASHINGTON - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT c Form 3048 1 /01 (Page •9 of 1 ,51- Pages) E t :r r' r Q . 1 Exhibit 2 Attachmi Packet Pg. 52 • 2.1.a .1 Loaii No 042-433575-0 Data ID 689 r 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, cc N 0 CD ti "fntefbst in the Property" means any legal or beneficial interest in the Property, including, but not c -' 46ited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales c14 contract br escrow agreement, the intent of which is the transfer of title by Borrower at a future date Z to- Purchaser o_ 4 ; ' If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without M ' Leilddr.'s or' written consent, Lender may require immediate payment in full of all sums secured by 3 '. this SbcuraX Instrument However, this option shall not be exercised by Lender if such exercise is Z prohibited by Applicable Law c If Lenderr`excrcisec- this option, Lender shall give Borrower notice of acceleration The notice shall provide vperiod of not less than 30 days from the date the notice is given in accordance with 2 Section 15 within which -,Borrower must pay all sums secured by this Security Instrument If Borrower a fails to•'pay•.ffiese s►A-fU9'•.pngr to the expiration of this period, Lender may invoke any remedies permitted.bS th!,s-8<etiir'6y Instrument without further notice or demand on Borrower 19.:. Borrowee-s RigK to - Reinstate After Acceleration. If Borrower meets certain conditions, � Borrower'shfill hale the righ6b Have enforcement of this Security Instrument discontinued at any time (+a)' five days before sale of the Property pursuant to any power of sale prior to the ea'his contained in this S6cur�ty Instrument, (b) such other period as Applicable Law might specify for the a termination af,-Borrowcr'§---hght to reinstate, or (c) entry of a judgment enforcing this Security Instrument Those`conditions-are that Borrower- (a) pays Lender all sums which then would be due (D under this Security Instrurtient a'ftd the Note as if no acceleration had occurred; (b) cures any default c of any other coveriartt� or. .agrem' ents; (c) pays all expenses incurred in enforcing this Security Instrument, includmg,;'but -fiot limited to,.reasonable attorneys' fees, property inspection and valuation fees, and other fees irtcurl ed for.. the Trpose of protecting Lender's interest in the Property and rights under this Security Instrument; and• , ) 'takes such action as Lender may reasonably require to assure c that Lender's interest kin the Property and rights under this Security Instrument, and Borrower's obligation to pay the surris'secafed Oy'this Security Instrument, shall continue unchanged. Lender may require that Borrower pay su& reinstatement sums and expenses in one or more of the following forms, as selected by Lender (a) cash;''(b}, mokney order, (c) certified check, bank check, treasurer's check or 2 cashier's check, provided any'such check is drawn upon an institution whose deposits are insured by 0 a federal agency, instrumentality or -entity, of (d)..Etectronic Funds Transfer Upon reinstatement by Borrower, this Security Instrumpni.and obhgati©ns secured hereby shall remain fully effective as if no 0 0 acceleration had occurred Howevi r, this."riglft to•xeinstate shall not apply in the case of acceleration under Section 18 r• '' a 20. Sale of Note; Change of Ldan'Servieer; Notice of Grievance. The Note or a partial interest Q in the Note (together with this Securiq Instrument) can bers'gld one or more times without prior notice to Borrower A sale might result to a change in the entiiy (known as the "Loan Servicer") that collects r Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan o servicing obligations under the Note, this Security'Instrunient, and Applicable Law There also might be one or more changes of the Loan Servicer,unrelated to,a sale of the Note. If there is a change of c the Loan Servicer, Borrower will be given written .?f6tice: Of the change which will state the name and address of the new Loan Servicer, the address to which pa�rfients should be made and any other information RESPA requires in connection with a 'notice of transfer of servicing If the Note Q is sold "other.4han and thereafter the Loan is serviced by a Loan, Servicer the purchaser of the Note, the � mortgage loan servicing obligations to Borrower wrlr're.mhin witli-the Loan Servicer or be transferred E to a successor Loan Servicer and are not assumed by.'the.Not~e purchaser unless otherwise provided Z by the Note purchaser Neither Borrower nor Lender may commence, jbrn, ox.•Iie joined to any judicial action (as either U_ an individual litigant or the member of a class) that arises fro>� the'otber party's actions pursuant to this Security Instrument or that alleges that the other J arty_ha--bicached.any provision of, or any duty owed by reason of, this Security Instrument, until such orrov tr opIxTiddr has the to notified other parry (with such notice given in compliance with the requirements;nf Section 15) of such alleged breach and y afforded the other party hereto a reasonable period after the giving of.'sucli,• notice to take corrective action If Applicable Law provides a time period which must'elapse`-.befote� certain action can be taken, that time period will be deemed to be reasonable for purp0Q§._,6f this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant.•to Section,,-22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be i'deented..t6 satisfy the notice and w opportunity to take corrective action provisions of this Section 20', Q 21. Hazardous Substances. As used in this Section 21- (a)'•",Hazardous ,Substances" are those w substances defined as toxic or hazardous substances, pollutants, or wastes.-byLnvirohmental Law and 3 the following substances gasoline, kerosene, other flammable or toxic : Pe"troleum products, toxic o pesticides and herbicides, volatile solvents, materials containing ash6tos..•tir ;formaldehyde, and sz. radioactive materials, (b) "Environmental Law" means federal laws and Ihws.,bf.the jurisdiction where the Property is located that relate to health, safety or environmental pro'teclfon, (e)" "Environmental Cleanup" includes any response action, remedial action, or removal action, as'defined in Environmental Law, and (d) an "Environmental Condition" means a condition that can 'pause; ' contribute to, orCn otherwise trigger an Environmental Cleanup ,- ' . o o m 0 ' •, J r WASHINGTON - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 4 c Form 3048 1101 (Page IV 'of .3-pages) m E t :r r' r Q Exhibit 2 Attachml Packet Pg. 53 Loaii No 042-433575-0 Data ID• 689 ' Borrower shall not cause or permit the presence, use, disposal, storage, or release of any N liazarc0us Substances, or threaten to release any Hazardous Substances, on or in the Property c -' 13orroWcx shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in N violation Qf any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due a to--ths presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the 4 . ''vatue of,the Property The preceding two sentences shall not apply to the presence, use, or storage on the Prdpesty. of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products) Z r Borrower Shall promptly give Lender written notice of (a) any investigation, claim, demand, o lawsmt.or afherraction byany governmental or regulatory agency or private party involving the Property and Substabce or Environmental Law of which Borrower has actual knowledge, (b) any 2 ;any'l=lazardd'us Envirjlgipntal-CondiOotr,"including but not limited to, any spilling, leaking, discharge, release or threat a. of release c4-'any-Hazkddus''Substance, and (c) any condition caused by the presence, use or release a of a Hazardous , -Substance which adversely affects the value of the Property If Borrower learns, or is notified by airy goyei•nmeVfal-,& regulatory authority, or any private party, that any removal or other remediatiori of airy Hazardous Substance affecting the Property is necessary, Borrower shall promptly L take all necessary reniedYal1cho is in accordance with Environmental Law Nothing herein shall create any obligation owl• ender for`an Environmental Cleanup. a. . r NON-UNIF6RM 'COVENANTS Borrower and Lender further covenant and agree as follows � U 22. Acceleration; Remedies.'. Lender shall give notice to Borrower prior to acceleration following °c Borrower's breach' of.'any.''covenaIot or ,agreement in this Security Instrument (but not prior to acceleration under Scctioii 18 %unliess elpplieable Law provides otherwise). The notice shall specify: (a) the default; (b) the action regiiired•to pure the default; (c) a date, not less than 30 days from the S date the notice is given. to Bgrrowei, bx which the default must be cured; and (d) that failure to cure the default on or before"t e•date`specified in the notice may result in acceleration of the sums secured by this Security Instrument and sal@ of the Property at public auction at a date not less than 120 days in the future. The notice shall• -further inform Borrower of the right to reinstate after acceleration, 'hcfion-16-.issert':the the right to bring a court non-existence of a default or any other defense of c Borrower to acceleration and sale,.an6_dny,jother -loatters required to be included in the notice by p Applicable Law. If the default'is not 4ured on or'befare the date specified in the notice, Lender at its o option, may require immediate payiiient in•full• of allrsums secured by this Security Instrument without further demand and may invoke tltie poi4r'6f sale''and/or any other remedies permitted by ApplicableCL Law. Lender shall be entitled to collect -'all ex�enses incurred in pursuing the remedies provided in a this Section 22, including, but not liinfted td', reasonable .attorneys' fees and costs of title evidence. Q If Lender invokes the power of sale -Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's 'election to cause the Property to be sold. Trustee and Lender O shall take such action regarding notice of sale and shall -give -such notices to Borrower and to other persons as Applicable Law may require. After the'd6se required by Applicable Law and after publication of the notice of sale, Trustee, without deffiand on Borrower, shall sell the Property at public N auction to the highest bidder at the time and place and under the terms designated in the notice of a sale in one or more parcels and in any order .Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable -Law--by.•public announcement at the time and place fixed in the notice of sale. Lender or its desigrfee•Ilnay purchase the Property at any sale. 3 Trustee shall deliver to the purchaser Trustee's deed. conveying the Property without any Z covenant or warranty, expressed or implied. The ree9tals in tie Trustee's deed shall be prima facie m evidence of the truth of the statements made therein, Tru. tee shall apply the proceeds of the sale in ii the following order. (a) to all expenses of the sale, including, bift not .limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Secaply JAstrument; and (c) any excess to the N person or persons legally entitled to it or to the clerk of the $uperior%coi>irt of the county in which the sale took place. .' w 23. Reconveyance. Upon payment of all sums secured by: -this Sep9rity. Instrument, Lender shall = request Trustee to reconvey the Property and shall surrender thig,•Secuzity Instrument and all notes evidencing debt secured by this Security Instrument to Trustee, Tiustde shall reconvey the Property ••guch' s without warranty to the person or persons legally entitled to it person gi:.persons shall pay any recordation costs and the Trustee's fee for preparing the reconvey�nce,- , w a 24. Substitute Trustee. In accordance with Applicable Law, l finder rady .from time to time appoint a successor trustee to any Trustee appointed hereunder'•w1w has._,ceased• to act Without conveyance of the Property, the successor trustee shall succeed to: -all the ltle,;kwer and duties 3 conferred upon Trustee herein and by Applicable Law `ti , ' 25. Use of Property. The Property is not used principally for agrieultural purpgses, °Q- 26. Attorneys' Fees. Lender shall be entitled to recover its reasonable' attorneye%fees and costs in any action or proceeding to construe or enforce any term of this Security' Instrument ". The term "attorneys' fees," whenever used in this Security Instrument, shall include wihout]imitation attorneys' ;9 fees incurred by Lender in any bankruptcy proceeding or on appeal m r O J .5 a. r WASHINGTON - single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3048 1101 fPage t1 of T8' Pages) E . t w r Q Exhibit 2 Attachm Packet Pg. 54 2.1.a Loari No. 042-433575-0 Data ID 689 CO -"ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, ti r' EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT r 0 cm z OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. _ z a 4 BY. - SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in Ahts Securrty,Instrument and to any Rider executed by Borrower and recorded with it E r r z r •k � 0 r r . ......................... .(Seal) J HN S —Borrower Q CL (Seal) d LOIS A. AN . Borr war k,• r k Aeva r a (Space Below This Une For Acknowledgment] State f WASHINQTON § o Coun of § c On is day per�onally,appeared•%tlefore me JOHN S RYAN AND LOIS A. RYAN to me kno to be th@wperspnsescrtlied in and who executed the within and foregoing instrument, CU and acknowl ged that they executed' Ae.-same as their free and voluntary act and deed, for the uses 4) and purposes t erein mentioned-" k• Given under y hand and ofb'iclahseal;'this day of , 20 0 • r / 0 [Seal] Nolary Public in and for the State of Q residtog at ' 0 0 0 (Printed Name) c My commission expires k d m _ E z m ii ,..,., N O - fA C d E V r Q r. •� 1ti 0 ' !Z U) t � O O O r' O ' N r' . WASHINGTON - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT c Form 3048 1/01 (Page X.g of 13•Pagds) . v r rQ r r' Exhibit 2 Att2chm Packet Pg. 55 , ` ' \ u' ' r �btuv t ---~ �ux�nw�o�nmcn 0 • 2.1.a - .,-`Loa p No 042-433575-0 Data ID 689 L d y s )3otmwur• JOHN S. RYAN L a - 4 c U LEGAL DESCRIPTION c Lots 4 atzd 5,131f ck'Z1D, 14ADburys Sound View Traces, according to the plat thereof recorded to Voltunc 7 of Plh4,.p8gC,z0 records. -Or, Snohomish County, Washington a, L'•xcept thc.Nbrtli.T66.t0-r et as. treasured along the East line of the Wcst 190 92 feet as measured along tltc Nort}�I.tne -' r - ti'" � ••:`- Together With'fliat'portio'n 9.17 vacated street which would attach by operation of law, - o Also known as Lo(Wo' f4 oundary"Litie adjustment No DLAI50-92 recorded under Auditor's file number a� 9208210046 and amctuled'undcr a_ ttilttor's file number 9209030553 and 9303I 90515, records of a Q- Snohomish County, W4l11hgton Q 0 0 - 4, o CD N J a Q a� E z U_ Cl) N Cfl fN C d _ E L U Q r L O ti '^ _ CD o O O N .(Pale` .3 -ol 13 Pages) J a w d E U - Q Exhibit 2 Attachmi Packet Pg. 57 2.1.a - Login No• ` 042-433575-0 Data ID 689 L .,-'Borrower JOHN S RYAN f° - ADJUSTABLE RATE RIDER _ 4 V O ' Tl°fI$- ADJUSTABLE RATE RIDER is made this 20th day of May, 2005, and is incorporated into and = shall;he deemed to amend -and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instra: ment") of tl e'same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note..{the.,"Note"}:'to--HOMECOMINGS FINANCIAL NETWORK, INC ("Lender") of the same date and covering.tK-.�YOo rty'described in the Security Instrument and located at 9114 240TH STREET SOUTHWEST f° tDMONDS, WASHINGTON 98026 0 [Property Address] THE NOTE CONTAINS PROVISIONS THAT WILL CHANGE THE INTEREST RATE AND THE O MONTHLY PAYNT( T, '"f IiER> MAY. BE A LIMIT ON THE AMOUNT THAT THE MONTHLY a PAYMENT CAN HiCRI;,A,SE.---.THE PRINCIPAL AMOUNT' TO REPAY COULD BE GREATER a THAN THE AMOUNT ORIGIN�.LY'.BORROWED, BUT NOT MORE THAN THE LIMIT STATED IN THE NOTE. ADDITIONAL COVENANT'S:' ;Iti"aticht�on`zo the covenants and agreements made in the Security 0 o Instrument, Borrower and Lender f irther-covenant.-gild agree as follows• N A. INTEREST RATE AND MONT.gVV PAYMENT CIIANGES a - The Note provides for changes in the.,iiiierest raid and the monthly payments, as follows. 2. INTEREST z (A) Interest Rate Z Interest will be charged on unpaid principal until -•the full amount of Principal has been paid. I will pay 2 interest at a yearly rate of 1375 % The interest ra�e,i wi'If pad may change LL I The interest rate required by this Section 2•xis the rate wrll pay both before and after any default described in Section 7(B) of this Note m (B) Interest Rate Change Dates - The interest rate I will pay may change on the first day of July,10115, and on that day every month rn thereafter Each date on which my interest rate could charige..is called an "Interest Rate Change Date " The new rate of interest will become effective on each!•.Interest Rate..Change Date (C) Interest Rate Limit s U My interest rate will never be greater than 9.9500 % (D) Index r Q Beginning with the first Interest Rate Change Date, my ad)Wia.6it intpi 'st •rate will be based on an r Index The "Index" is the Twelve -Month Average of monthly ytetds.,on" actively traded United States 3 Treasury Securities adjusted to a constant maturity of one year as published-by..th-e'Federal Reserve Board pub. L in the Federal Reserve Statistical Release entitled "Selected Interest 15)"--(the "Monthly Yields") Q. The Twelve Month Average is determined by adding together the M•o'1Ythly Yields for.the most recently available twelve months and dividing by 12 The most recent Index date 15 days before each Interest Rate Change Date is called the "Current Index " r If the Index is no longer available, the Note Holder will choose a new index that is %based upon m comparable information The Note Holder will give me notice of this choice; c 0 N MULTISTATE ADJUSTABLE RATE RIDER - 12-Month Average of Monthly Average Treasury Yields Irid'ex Modified by Middleberg, Riddle & Glanna Form 3184 1101 . (Page-'i of, Pages) Q c m E r - Q Exhibit 2 Att2chm Packet Pg. 58 i_:aan N6 042-433575-0 Data ID 689 d -•'' i)"•Calculation of Interest Rate Changes $efcire •eftch Interest Rate Change Date, the Note Holder will calculate my new interest rate by adding a- :4: TBREE and 75/1000 percentage points (3.075 %) to the Current Index The Note Holder will then - round ttteiesult of this addition to the nearest one -eighth of one percentage point (0 125%) Subject to c tT a 1}nitt•Stated in 2(C) above, this rounded amount will be my new interest rate until the next Interest r_ Rate C'hatige�-Date S 3. PAYMtNTS'.......,,.. a� :a (A) Time and Place of. -Payments � I will pay, ppncipa( anA ,interest by making a payment every month a0i I will make myrhont_hly payments on the first day of each month beginning on July 1, 2005 1 will make tY these payni4nts even mon1h',6titi1 I have paid all the principal and interest and any other charges described below-'ihal.•l' i6i 3r'-nWe• under this Note Each monthly payment will be applied as of its scheduled due' -date and `will. --be applied to interest before Principal If, on June 1, 2035, I still owe o amounts under this: Note, 1: will .pay those amounts in full on that date, which is called the "Maturity o Date " I will make my monthly pa}}ine'nts lit 1687..114TH AVE, SE, SUITE 100, BELLEVUE, WA 98004, or a at a different place if rcqufred by. tl�e Note H, older. Q- Q B Amount of M Initial M'Qntht lya merits Each month of my mitikmo'hthly Payments will be in the amount of U S $ 902.15 This amount may c change c (C) Payment Change Dates-', • ''. """' `. .. to My monthly payment may chair'ge as required by Section 3(D) below beginning on the first day of July, c N 2006, and on that day every 12th. month theieafter ,.Each of these dates is called a "Payment Change J a - Date" My monthly payment also w#il chap e-at anytime Section 3(F) or 3(G) below requires me to pay a different monthly payment I will pay the amount of my new monthly payment each lndift)t beginning on each Payment Change Date E or as provided in Section 3(F) or 3(G) below Z (D) Calculation of Monthly Payment Changes .. Before each Payment Change Date, the Note. -Holder -will calculate the amount of the monthly payment ii that would be sufficient to repay the unpaid principal thar••I am expected to owe at the Payment Change Date in full on the Maturity Date in substantially equal installments at the interest rate effective during � the month preceding the Payment Change Dafe ......he" regult "bf this calculation is called the "Full Payment" Unless Section 3(F) or 3(G) below requires. -me to pay .a. different amount, my new monthly r payment will be in the amount of the Full Payment, except -that: my :hew monthly payment will be limited c to an amount that will not be more than 7 50% greater',thanthe amount of my last monthly payment due before the Payment Change Date. (E) Additions to My Unpaid Principal tea, My monthly payment could be less than the amount of the interest portion of the monthly payment that Q would be sufficient to repay the unpaid principal I owe at the 'ri'iontlify.gayment date in full on the w Maturity Date in substantially equal payments If so, each moiith--that.,niy monthly payment is less than 3 the interest portion, the Note Holder will subtract the amount of my 'inontlily.payment from the amount L of the interest portion and will add the difference to my unpaid prin6paf_The Note,_ .Holder also will add 0 interest on the amount of this difference to my unpaid principal each• -month ` The interest rate on the interest added to Principal will be the rate required by Section 2 above ..•-.., .r r m - 0 o - - o N J Form 3184 1/Oi-.• (Pagk? ot-4 P8yes) it Q c m E _ _ r r Q Exhibit 2 Att2chm Packet Pg. 59 2.1.a Loan No` + 042-433575-0 Data ID 689 (U N on My Unpaid Principal; Increased Monthly Payment 1Ivly unpaid principal can never exceed a maximum amount equal to 115% of the Principal amount I a origmafly borrowed Because of my paying only limited monthly payments, the addition of unpaid interest c _10..rr[y unpaid principal under Section 3(E) above could cause my unpaid principal to exceed that c rriaxipium"F amount when interest rates increase. In that event, on the date that my paying my monthly c paymprit would cause me to exceed that limit, I will instead pay a new monthly payment. The new monthly ;Oaym6ntrwvill be --in an amount that would be sufficient to repay my then unpaid principal in full on the MaturitybDai in substantially equal installments at the interest rate effective during the preceding =a (G) Required Full'Piij11f6t On the fifth PAymept Change •Date and on each succeeding fifth Payment Change Date thereafter, I will begin payinfihe.Fuil P•.ayineSt••as t'ty monthly payment until my monthly payment changes again I also 2 will begin payiq the'Fill.�'Pay. ent as my monthly payment on the final Payment Change Date o 4. NOTICE OF •CHAN_ G'ES - o The Note Holder-w-rll deliver. or)pail to me a notice of any changes in the amount of my monthly payment before the effeirtive•'data' of Jny change The notice will include information required by law to a be given to me and also- the.xitle'and telepholie number of a person who will answer any question I may Q have regarding the notice, B. TRANSFER OF THE PROPERT$•,rOR'A BENEFICIAL INTEREST IN BORROWER 0 c Uniform Covenant 18 of the Security ltistr4ment is amended to read as follows c .h N Transfer of the Property or •13enefieia, l trterest-in Borrower. As used in this Section 18, "Interest a in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests trans ferred'itr'a bond for deed, cp-ntract for deed, installment sales contract or escrow agreement, the intent of whick' is the transfer of•-iitle by Borrower at a future date to a E purchaser Z If all or any part of the Property or any lnterest.iii it is sold or transferred (or if Borrower is m not a natural person and a beneficial mm rteresf .Bbrrowets:'sold or transferred) without Lender's U` prior written consent, Lender may, at its optiot, require immediate payment in full of all sums secured N by this Security Instrument However, this option shall"iwt.-lie exercised by Lender if exercise is prohibited by federal law as of the date of this Secui•ity'Instrum'&t. However, this option shall not be exercised by Lender if exercise is prohibited by Applicable Low ° Lender also shall not exercise this option if (a) Borrower causes to be submitted to Lenkler .information required by Lender to evaluate the intended transferee as if a new loan were being made to the IraMferee, and (b) Lender reasonably determines that Lender's security will not be impaired byllh loan_assuri ption and that the risk of a breach of any covenant or agreement in this Security Instrufitenr is acceptable to Lender a To the extent permitted by Applicable Law, Lender may charge a'-rbas-onable fee as a condition to Lender's consent to the loan assumption Lender may uj og sec uife the: transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transfeeree to keep all the 3 promises and agreements made in the Note and in this Security Iiistruthent" Borrower will continue o to be obligated under the Note and this Security Instrument unless. Lender releases Borrower in writing If Lender exercises the option to require immediate payment in full,. -Lender sPall give Borrower notice of acceleration The notice shall provide a period of not less than 30 Oays froni-the date the en notice is delivered or mailed within which Borrower must pay all sums .$t cured" by this Security c Instrument If Borrower fails to pay these sums prior to the expiration of'tj>ig pefivdr.-Lender may c invoke any remedies permitted by this Security Instrument without further iibtice,.-or--deiiiand on C° Borrower N N Form 3184 1101 (Pago-t3 of,4 Pages) J Q c d E v .r - _ r Q Exhibit 2 Att2chm Packet Pg. 60 2.1.a L _ L.dan N + 042-433575-0 Data ID 689 y S gg iitg Below, Borrower accepts and agrees to the terms and covenants contained in this Adjustable a Rate Rtder 0 .•`' (Seal) C gOIIS Y Borrower r' c (Seal) M - - WY 8orro or � he 0 - •• o a - a 0 0 0 � T N a Q a� E z N �D T Cn E a r L C LL T _ 0 . 0 • T N J Form 3184 1101 `: (Page 4 of Oa g6s) Q d E v to r _ w - Q Exhibit 2 Attachmi Packet Pg. 61 2.1.a Loan.No 042-433575-0 Data ID 689 y Borrower JOHNS RYAN s 1-4 FAMILY RIDER (Assignment of Rents) 7MIS 1-4'rfA1V[ILY• RIDER is made this 20th day of May, 2005, and is incorporated into and shall •he.. deeinei to ai:itenI4 and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument")'•b€ t-he game date given by the undersigned (the "Borrower") to secure Borrower's Note to :HOMECOMINQS,EINANCIAL NETWORK, INC (the "Lender") of the same date and covering the Prgerty.13e5cr4b d in the Security Instrument and located at 9114 240TH STREET SOUTHWEST --"FpMONDS, WASHINGTON 98026 _0 (Property Addressl 1-4 FAMILY COVENANTS. •.Itt :addition to the covenants and agreements made in the Security M a Instrument, Borrower ai 4d Lender -further covenant and agree as follows ' A- ADDITIONAL PROPERTY. SUBJECT TO THE SECURITY INSTRUMENT. In addition 0 o to the Property described in The S'ecurit �fnsirument, the following items now or hereafter attached to c the Property to the extent they are • Wure3 are --added to the Property description, and shall also J constitute the Property covered•by th6 Security Instrument building materials, appliances and goods a of every nature whatsoever now •pr ..hereafter ,located in, on, or used, or intended to be used in connection with the Property, incliit1mg, but••not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, . -gas, water, a1i:-'aiiil.. light, Fire prevention and extinguishing E apparatus, security and access control apparatus, pluaiibing, bath, tubs, water heaters, water closets, sinks, Z ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and •-curtwn" rods; attached mirrors, cabinets, paneling and iL attached floor coverings, all of which, includl�ig &p.1.a eineni6 and additions thereto, shall be deemed Cl) to be and remain a part of the Property covered by the-•Seeurity Instrument All of the foregoing c� together with the Property described in the Security �lnsirtiment (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 14 Family Rider and the Security Instrument as the "Property " E B. USE OF PROPERTY, COMPLIANCE Wfl"FI-•L": •Borrow' Ver shall not seek, agree to or make a change in the use of the Property or its zoning classificdti4n, finless Lender has agreed in writing to the change Borrower shall comply with all lawsr ordinances.: regulations and requirements Q of any governmental body applicable to the Property C SUBORDINATE LIENS. Except as permitted by federal law ;16wrow4 shall not allow any L lien inferior to the Security Instrument to be perfected against the P perty. withAut Lender's prior written permission in - 0 o MULTISTATE 1-4 FAMILY RIDER - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fbmi 3170 ' 1/01 0 N J a Pa e a of P as .l �.�,�- a9 1 Q w a� E U - Q Exhibit 2 Attachmi Packet Pg. 62 2.1.a _ "b)an-l4o 042-433575-0 Data ID 689 -..ti 6"' "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted E� 'BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree inwriting, :--�ecooa-&-edhcerning Borrower's occupancy of the Property is deleted F.' ASSIGNMENT.OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender -air. leases" oaf the 'Property and all security deposits made inconnection with leases of the Prop-erty....UlJon'the a$Sigrrinent, Lender shall have the right to modify, extend or terminate the existing leases and.. o' execwe,. ttew leases, in Lender's sole discretion As used in this paragraph G, the word "lease" shall >;nean "�ibleax' AE:the Security Instrument is on a leasehold G. ASSIGNWIV -dF- RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely. -arid unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the .Pt6perty,..regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender.or,'erider's ggeilts to collect the Rents, and agrees that each tenant of the Property shall pay the Rents tq Lender .'or Lender's agents However, Borrower shall receive the Rents until (i) Lender has given Borrower hQt-ice_o€default pursuant to Section 22 of the Security Instrument and (n) Lender has given notice to the-tenant(s) that the Rents are to be paid to Lender or Lender's agent This assignment of Rents..consiitu.tes an absolute assignment and not an assignment for additional security only If Lender gives notice'af .def ll-t .`to . Borrower (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit-oPt.;mder onlyk;.to be applied to the sums secured by the Security Instrument, (it) Lender shall tie. entitled.. -to ..c611ec1.--and receive all of the Rents of the Property, (m) Borrower agrees that each te6nt..ol' 1hd Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written dm6nd to the tenant, (iv) unless applicable law provides otherwise, all Rents collected by Lender 4r -Lender's agent'sshall be applied first to the costs of taking control of and managing the Property and collecting, the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds;'repakrl and maintenance costs, insurance premiums, taxes, assessments and other charges on the..Ptoperty, and then to the sums secured by the Security Instrument, (v) Lender, Lender's agents or aily judliciall appointed receiver shall be liable to account for only those Rents actually received, and (vie Lender shall be entitled to have a receiver appointed to take possession of and manage the Property -and callett" iM-.Rents and profits derived from the Property without any showing as to the inadequacy of.-the.Rroperiy as security If the Rents of the Property are not sufficient tQ cover the costs of taking control of and managing the Property and of collecting the Rents, any iurrtis expended by Lender for such purposes shall become indebtedness of Borrower to Lender sdcur.0--bi-i ie Seeunty Instrument pursuant to Section 9 Borrower represents and warrants that Borrower has povexeciAed any prior assignment of the Rents and has not performed, and will not perform, any act that`wolild pi:evetit Lender from exercising its rights under this paragraph Lender, or Lender's agents or a judicially appointed receiver, shall not'6-i6quired to enter upon, take control of or maintain the Property before or after giving noti&e of4efa6lt to Borrower However, Lender, or Lender's agents or a judicially appointed receiver, may•da so a� -any-nine when a default occurs Any application of Rents shall not cure or waive any default., or.-iiivalidate=any other right or remedy of Lender This assignment of Rents of the Property shall terminate when alll the sums secured by the Security Instrument are paid in full H. CROSS -DEFAULT PROVISION. Borrower's default or breach uiiderdiiy rlote..oi agreement in which Lender has an interest shall be a breach under the Security instrument and Le0eirmay .invoke any of the remedies permitted by the Security Instrument MULTISTATE 14 FAMILY RIDER - Famle Mae/Fredme Mac UNIFORM INSTRUMENT 'FORR 31V .AM {gage-.2'al'$ Pages� E - Q Exhibit 2 AttachMI Packet Pg. 63 2.1.a - 1 oar.-14o 042-433575-0 Data ID 689 L .• ti L iY .SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in a- _ Iltls+4 Family Rider c 4 ai V 0 C .. (Seal) c J S r` Borrower a► c (Seal) a� IS A R Barr e W • fed. a e 76 rR C 0 Q) CL . O O ` _ r O a Q a) E z u- N T C E - - Q 4 L 0 Q d y4 � 4 O O Q T O N J a MULTISTATE 1-4 FAMILY RIDER - Fannie Mae/FreMe Mac UNIFORM INSTRUMENT FaM 31V ..IM Q c a� E - - a Exhibit 2 Att2chm Packet Pg. 64 2.1.a 20160 i cj�so� co WHEN RECORDED MAIL TO: 0 o KC CAPITAL LLC 5413 MERIDIAN AVE. N. #C SEATTLE , WA 98103 Forward Tax Statements to the address given above o I�Illlfillfll�lllillllllf lllfl�llll�lllllllll�llflfl Illlllllllll a PGS SNQ Ohl HGC 11NT�� ES6HI o N0GTON �p O' TS No.: WA-09-265041-SH SPACE ABOVE THIS LINE FOR RECORDER'S USE z Title Order No.: 090208099-WA-MSO Trustor: JOHN S RYAN AND LOIS A. RYAN, HUSBAND AND WIFE Deed of Trust Instrument/Reference No.: 200505260729 Deed of Trust book/page (if applicable): Notice of Sale Instrument/Reference No.: 201505270926 MERS MIN No.: 100062604243357508 MERS Telephone No. 1-888-679-6377 TRUSTEE'S DEED UPON SALE A.P.N.: 004633-010-004-00 TRANSFER TAX: $0.00 The GRANTOR, QUALITY LOAN SERVICE CORPORATION OF WASHINGTON, as current Trustee, (whereas so designated in the Deed of Trust hereunder more particularly described or as duly appointed Successor Trustee) under that Deed of Trust in consideration of the premises and payment recited below, hereby grants and conveys, without representation or warranty, expressed or implied, all right title and interest to BORIS BRAGIN AND KC CAPITAL, LLC FOR SECURITY PURPOSES ONLY (herein called GRANTEE), to all real property (the "Property"), situated in the County of SNOHOMISH, State of Washington, described as follows: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, BLOCK 20, HANBURYS SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 20, RECORD OF SNOHOMISH COUNTY, WASHINGTON; SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE NORTH 00°15'00" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 85.50 FEET, THENCE SOUTH 89045100" WEST, A DISTANCE OF 20.00 FEET TO A POINT ON A CURVE, THENCE ALONG A CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 89045'00" WEST, A DISTANCE OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00" AND HAVING AN ARC LENGTH OF 31.42 FEET, THENCE NORTH 00°15'00" WEST, A DISTANCE OF 8.00 FEET, THENCE SOUTH 89045'00" WEST PARALLEL TO SAID NORTH LINE A DISTANCE OF 58.54 FEET, THENCE SOUTH 00015'00" EAST, A DISTANCE OF 113.50 FEET TO THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND, THENCE NORTH 89045'00" EAST ALONG SAID SOUTH LINE A DISTANCE OF 98.54 FEET TO THE TRUE POINT OF BEGINNING. Order: 611121727 Doc: SN:2016 201602010295 Page 1 of 4 Created By: larin.griesel Printed: 2/17/2016 1:19:33 AM IST Exhibit 2 Attachinj Packet Pg. 65 2.1.a 20160201 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. ABBREVIATED LEGAL PTN LOT A, BLA 9208210046, BEING A PTN LOT 4, BLK 20, HANBURYS SOUND VIEW TR, SNOHOMISH COUNTY, WA RECITALS: I . This conveyance is made pursuant to the powers, including the power of sale, conferred upon the current Trustee by that certain Deed of Trust between JOHN S RYAN AND LOIS A. RYAN, HUSBAND AND WIFE, as original Grantor, to LAWYERS TITLE, as original trustee, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC., as original Beneficiary, dated 5/20/2005 and recorded 5/26/2005 as instrument number 200505260729 of the Official Records in the office of the Recorder of SNOHOMISH, Washington. 2, The Deed of Trust was executed to secure, together with other undertakings, the payment of one or more promissory note(s) ("Note") in the sum of $266,000.00 with interest thereon, according to the terms thereof, and other sums of money which might become due and payable under the terms of said Deed of Trust. 3. The Deed of Trust provided that the Property is not used principally for agricultural or farming purposes and the current Trustee has no actual knowledge that the Property is used principally for agricultural or farming purposes. 4. That a Default occurred in the obligations secured and/or covenants of the Deed of Trust referenced in paragraph one (1), as set forth in the Notice of Trustee's Sate described below, and that the current Trustee, transmitted the Notice of Default to the required parties, and that a copy of said Notice was posted or served in accordance with law. 5. The current Trustee has been instructed to exercise the power of sale in accordance with and under the relevant terms of the above referenced Deed of Trust and the Washington Deed of Trust Act. 6. That because the defaults specified in the "Notice of Default" were not cured, the current Trustee, -in compliance with the terms of the Deed of Trust, recorded on 512712015 in the SNOHOMISH County, Washington recorder's Office, a "Notice of Trustee's Sale" of the Property as instrument no. 201505270926. 7. The current Trustee fixed the place -of sale as: On the steps in front of the North entrance ` to the Snohomish County 1ourthouse, 3000 Rockefeller Avenue, Everett, WA 98201, in the State of Washington, a puuWic-phase at I0:00_AM._.n.-acxurdance-with-flie--la►�caus� copies of the statutory "Notice of Trustee's Sale" to be transmitted by mail to all persons entitled thereto and either posted or served prior to the statutory minimum number of days before the final sale; further, the current Trustee caused a copy of said "Notice of Trustee's Sale" to be published in a legal newspaper in each county in which the property or any part thereof is situated, once between the tltirty-fifth and twenty-eighth day before the date of the sale, and once between the fourteenth and the seventh day before the date of the sale; and further, included with the Notice, which was transmitted to or served upon the Deed of Trost grantor or his successor in interest, a "Notice of Foreclosure." 8. During foreclosure, no action by the Beneficiary, its successors or assigns was pending on an �4koy ��1`6 obligation secured by the Deed orTrust. , � " & v- der: 611121727 Doc: SN:2016 201602010295 Page 2 of 4 Exhibit 2 Created By: larin.griesel Printed: 2/17/2016 1:19:33 AM IST Attachmi Packet Pg. 66 2.1.a 201602 9. All legal requirements and all provisions of said Deed of Trust have been complied with, as to acts to be performed and notices to be given, as provided in chapter 61.24 RCW. 10. That because the defaults specified in the "Notice of Trustee's Sale" were not cured at least ten days prior to the date scheduled for the Trustee's Sale and said obligation secured by said Deed of trust remained unpaid, on 10/212015, the date of sale, which was not less than 190 days from the date of default in the obligation secured, the GRANTOR then and there sol e--Propert}UEif ublic auction to said GRANTEE, the highest bidder therefore, for the of $300,069.the form of cash, certified check, cashier's check, money order, or t d recgi�ycdb ed electronic transfer, as provided in chapter 61.24.070 RCW. - _ This conveyance is made without representations or warranties of any kind, expressed or implied. By recording this Trustee's Deed, GRANTEE understands, acknowledges and agrees that the Property was purchased in the context of a foreclosure, that the current Trustee made no representations to GRANTEE concerning the Property and that the current Trustee owed no duty to make disclosures to GRANTEE concerning the Property, GRANTEE relying solely upon his/her/their/its own due diligence investigation before electing to bid for the Property. In witness (hereof, QUALITY LOAN SERVICE CORPORATION OF WASHINGTON, as GRANTOR, has this day, caused its name to be hereunto affixed by its officer thereunto duly authorized by its corporation by-laws. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TS No.: WA-09-2J65041-SH Date: O� / `S QUALITY LOAN SERVICE CORPORATION OF WAS ,TON By: J ice Stavee , Assistant Secretary State of: Washington) County of: King) I certify that I know or have satisfactory evidence th is the person who appeared before me, and said person acknowledged that (helshe} sign this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the incfn.mpnf Dated: Notpry Public State cl Washington CYNTltIA FEEN£Y My Appointment Expires Feb 9, 2016 My appointment expires: 7 Order: 611121727 Doc: SN:2016 201602010295 Page 3 of 4 Created By: larin.griesel Printed: 2/17/2016 1:19:33 AM IST Exhibit 2 Attachinj Packet Pg. 67 2.1.a 201602010295.004 EMPIT A REAL PROPERTY IN] THE COUNTY OF SNONOMISH, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS; SEC 31 TWP 27 RNG 4 QTR SW HANBURYS SOUND VIEW TRS BLK 020 DOG TH PTN OF LOTS 4 & 5 BLK 20 EXC N 166.50FT AS MEAS ALG E LN OF MI 190.92FT AS MEAS ALG N LN TGW TH PTN OF VAC ST WH WOULD ATTACH BYOPERATION OF LAW PER BLA 15092 REC AF 9208210046 & CORR PER A 9209030553 & 9303190515 DAF COM AT SE COR OF TI-1 ABOVE DESCTR OF LAND BEING TFI TPOB Tli N00 15 OOW ALG E LN THOF A DIST OF 85.50FT THS89 45 OOW A DIST OF 20.00FT TO A PT ON A CRV TH ALG A CRV TO L CTR WH BEARS S89 45 OOW A DIST OF 20FT THRU A C/A OF 90 00 00 & HAVING AN ARC LENGTH OF 31.42FT TH NOO 15 OOW A DIST OF 8FT TO A PT 20FT SLY OF NLY LN OF ABOVE DESC TR TH S89 45 OOV' PLT SD N LN A DIST OF 58 54FT TH SOD 15 OOE. A DIST OF 113.50FT TO S LN OF ABOVE DESC TR TH N89 45 OOE ALG SD S LN A DIST OF 98.54FT TO TPOB PER SWD200710310959 TAX PARCEL NUMBER: 00463302000400 Commonly known as: 9114 240TH ST S«r, EDMONDS, MIA 98026-9022 Order: 611121727 Doc: SN:2016 201602010295 Page 4 of 4 Created By: larin.griesel Printed: 2/17/2016 1:19:33 AM IST Exhibit 2 Attachmf Packet Pg. 68 S) 574426 When recorded return to: Homes, Inc. .ttar P.G. Box 6142 Lyrtfiwoo#., WA 98036 200710310959 2 PGS z 10/31/2007 4 07�! �41 00 SNOHOMISH COUNT ARINGTON E 1766d f6r RceorA at bequest of 06. z Golf EscCow &rpprati .!.on .2 w Escro' N'uffiber Z0670794 2 CL .,.Statutory Warranty Deed : CHICAGO 6,117 q1-7 M THE GRANT6 Ky4n and Lois A. Ryan, husband and wife for and in conside ation of TEN DOLLARS ANIJ'OT-HEP,.-(jOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to the GRANTEE .-Tri Stdr Homes, Inc., a Washington Corporation the following described real 0 estate, situated in the Co'unly of $nahorhish, State of Washington Abbreviated Legal ti ai LOTS 4-5 BLK 20 HANBURYS, SOUND VIEW TRACTS INSURED BY Tax Parcel Number(s) 004633-020-00.4460,-1 CHICAGO TITLE SEE LEGAL DESCRIPTION HERETO -ATTACHED AS EXHIBIT A Subject to easements, restrictions, r.esery . a`iioqg,-1cpve'naqt9 and conditions of record. 0 Dated October 29, 2007 76 Q Q CD J0 Ryan f Lois- A'. Ry—aV' (.0 Q 04 E z STATE OF WASHINGTON • U- COLTNTY OF Snohomish —1 SS: .. .. ....... . ......... C14 I certify that I know or have satisfactory evidence that John S. Ryall'and.1-vis Ryan to the persons who appeared before me, and said persons acknowled4ed that, they signed this instrument and acknowledge it to be their fre e.afid vbluntary act for the (D E uses and purposes mentioned in this instrument ............ M Dated C> 0-1 ' e infer Smith N ary P 'fic in an TQZA thte P'F'WASH-INd-T-ON !!�' 0 t R siding Kirkland -01 ON 1W appointment expires =AA y 01-29-2010 M -0 Q ;A U1 K# to 04 OF E LPBA-0$04) Page Yof I Exhibit 2 Attachinj Packet Pg. 69 2.1.a CHICAGO TITLE INSURANCE COMPANY Order Na 005717917 LEGAL DESCRIPTION E7`TS•.4`AND•5, BLOCK 20, HANBURYS SOUND VIEW TRACTS, ACCORDING TO THE PLAT T4ERZ 7F,_R�;CORDED IN VOLUME 7 OF PLATS, PAGE 20, RECORDS OF SNOHOMISH COUNTY,,- WA,SHINGTO_'N.,. EXCRPT`-TI4E NQR! 165"•-50 FEET AS MEASURED ALONG THE EAST LINE OF THE WEST 190 92••"-FEET.,AS MEASURED ALONG THE NORTH LINE TOGETHER -WITH -THAT PORTI'QN OF VACATED STREET WHICH WOULD ATTACH BY OPERATION OF -'LAW.; ' ALSO KNOWN PAS J ov '.A"'..OF.. BOUNDARY LINE ADJUSTMENT NO BLA150-92 RECORDED UNDER AUDITOR'-S-FYL"E NUMBS 9208210046 AND AMENDED UNDER AUDITOR'S FILE NUMBERS 9209030553 ANb 9'3031905"1.5, RECORDS OF SNOHOMISH COUNTY, WASHINGTON •44 . . 1 EXCEPT THE FOLLOWING D2$CRA41) .-TRACT OF LAND COMMENCING AT THE SOUT)4R4ST. CORNER' OF r-:IE ABOVE DESCRIBED TRACT OF LAND, SAID POINT BEING THE TROE POINT OF BEGINNING, THENCE NORTH 00 °15' 00" WEs.T AI,,ONG.-'THF,..-E.AST LINE THEREOF A DISTANCE OF 85 50 FEET, THENCE SOUTH 89045'00" WEST,`"A DISTANCE 07,--7600 FEET TO A POINT ON A CURVE, THENCE ALONG A CURVE TO THE LEFT THE.-'�ENTER'-,OF'WHICH BEARS SOUTH 89°45'00" WEST, A DISTANCE OF 20 00 FEET, TKROU9H A CENTRAL ANGLE OF 90000'00" AND HAVING AN ARC LENGTH OF 31 42 FEES. THENCE NORTH 00015'00" WEST, A DISTANCE OF 8:.•00.-,FEET TO A POINT 20 00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE'AB©VE DESCRIBED TRACT OF LAND, THENCE SOUTH 89045'00" WEST PARALLEL TO SAI15 NORTH LINE A DISTANCE OF 58 54 FEET, THENCE SOUTH 00015'00" EAST, A DISTANCE O•F...1,1,3".a6 FEET TO THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND, THENCE NORTH 89045'00" EAST ALONG SAID SOUTH LINE A-01STANCE OF 98 54 FEET TO THE TRUE POINT OF BEGINNING SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON;.•-• + r Exhibit 2 E LEGALI/P.DA/P9W S ' C1 f6 r - rr " Q AttachMj Packet Pg. 70 i i _1 10C} - 1111111 I11II IIIII I111111III IIIII lIlII IIIlI IIIII 1111111111 lull 22i� 000pgg �S3 16 m 75 3 PGS llll ful Wb.enJNorded return to. SNOHOM SH COUNTY, WASHINGTON 8 L 5 GL c w. .•, °x 5 �Y3 CL m 0 �z fCc p , �✓r4 9 7T N in 76 QUIT CLAIM DEED U r M o THE GRANTOR(S) ,p :' -' ' ' • Q • for and in consideration of `''• . 4� pis 0 o r �J a in hand paid, conveys and quit claims to 4 JAG �.�..��.=; �� E LF'W //a�f v %iJLrcfxs� L✓rA rY`S ��3r EL. the following described real estate, -situated in the Co6oly 0r.. U Lza--+-1 State of Washington M N together with all after acquired title of the grantor(s) hefeia-... "..•' ' r .............. ..... t a ' t L Q d .4 r Abbreviated Legal (Required if full legal not inserted above) o 0 -3 �+ .J.1 �ii�O 7 144 ^' r o Y C 'GrFK�r .5 G 1• " / .c/ coo Tax Parcel Number(s) .. N J Cac7y�33�coaya Z a LPB 12-05(i)•rev 1r2/ZO46 Page • l., of'2 U ' a Exhibit 2 Att2chm Packet Pg. 71 II .DAted J. H. Y$ NOTARY PUBLIC . .......• ON S S 'j STATE OF WASHINGTON STATE OF \/Vj sl/i vjgtt-v-j_' COMMISSION EXPIRES SS AUGUST19 8 .2018 COUNTY OF I certify that I know or have sat isfactory,:irvtdenc-t that {isAw-e} the person( s*who appeared before me, and said person(!4 acknowledged that he signed this"�-instrument and acknowledged it to be free and voluntary act for the uses--ind pw�ioips mentioned in this instrument Dated Notary n Umepin.tedqr.typ-pdj I Notary P h nand: for the State of v%-,;c--VI t vi, M v, Residing at VA' My appointment exp4feg- U LP13 12-05(i)TeV 1212006 Exhibit 2 Attachinj Packet Pg. 72 I 2.1.a -'00463302000402 s f I,E�A .QESCRIPTION i Seclron'31 Township 27 Range 04 Quarter SW - HANBURYS SOUND VIEW TR5 BLK 020 D-02 - (SEG'D FOR TAX = 1�0? C)NLY) -. LOTS 4'& 5 BLK 20 OF SD PLAT EXC N 166 5OFT AS MEAS ALG E LN OF W 190 92FT AS MEAS ALG f z N LN .GW,.T-H PTN-0f-VAC ST WH ATTACH BY OPERATION OF LAW - AKA LOT A OF BLA NO BLA150-92 REC. AFN = 9208�1004b &.AMFSFM AFN'NOS 9209030553 & 930319OS15 EXC FDT COM AT SE COR OF TH ABOVE DESC TR f p OF LANa-dEM.131H TP0&,TiP;NO015 OOW ALG E LN THOF A DIST OF 85 5OFT TH S89 45 OOW A DIST OF 20 OOFT i TO A PT QM'A CRC! TA-AL,•A ARV TO L CTR WH BEARS S89 45 OOW A DIST OF 20FT THRU A C/A OF 90 00 00 & � HAVING '-AN.ARC LENGTH OF 31 42FT TH NOO 15 OOW A DIST OF 8FT TO A PT 20FT SLY OF NLY LN OF ABOVE C * DESC TR TH 589 45.00W-PtT-5D N LN A DIST OF 58 54FT TH SOO 15 OOE A DIST OF 113 SOFT TO S LN OF ABOVE DESC TR TH N-89`45-60E AL-GSD S LN A DIST OF 98 54FT TO TPOB PER SWD 200710310959 f f • s k 3 � C ff e C u ti r •• c CA s - s + t s f + u c - c - c c r. + f f Exhibit 2 Attachml Packet Pg. 73 2.1.a CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION FINDINGS, CONCLUSIONS, AND DECISION To: File S-2005-102 From: ennifer Machuga, 1' er Date: October 27, 2006 File: S-2005-102 Applicant: Tri-Star Homes TABLE OF CONTENTS Section Page I. INTRODUCTION...............................................................................................................2 A. Application ............................................ ............. ....... ............ ............................ . ................................ 2 B. Decision on Subdivision.......................................................... :......................... ................. .............. 2 II. FINDINGS OF FACT AND CONCLUSIONS................................................................... 3 A. Compliance with the Subdivision Ordinance.................................................................................... 3 B. Compliance with the Comprehensive Plan........................................................................................5 ......... .. . C. Compliance with the Zoning Code ....................................... ................._............. .......... .... 6 D. Compliance with the Flood Plain Management Provisions...............................................................6 E. Environmental Assessment............................................................................................................... 6 F. Critical Areas Review... .................................................................................... ............................... 6 G. Comments......................................................................................................................................... 7 1II. RECONSIDERATIONS AND APPEALS...........................................................................7 A. Request for Reconsideration .............................................. :.......... ................................................. ... 7 B. Appeals..................................................................................................................._.......................... 7 C. Time Limits for Reconsideration and Appeals.................................................................................. 8 IV. LAPSE OF APPROVAL.....................................................................................................8 V. NOTICE TO COUNTY ASSESSOR..................................................................................8 VI. APPENDICES..................................................................................................................... 8 VII. PARTIES OF RECORD. ... .. ...•.8 Exhibit 2 Attachml Packet Pg. 74 Tri-Star Homes File No. S-2005-102 Page 2 of 8 I. INTRODUCTION The applicant is proposing to subdivide one lot addressed as 9114 — 240`h Street SW into three lots (Attachment 1). See the Zoning and Vicinity Map for reference (Attachment 2). The site is located in a Single -Family Residential (RS-8) zone that allows lots with a minimum area of 8,000 square feet. The proposed lot layout is shown on the subdivision map (Attachment 3). The existing house and detached garage located on proposed Lot I are to remain, while the existing shed located on proposed Lot 2 is to be removed. A. Application I. Applicant: Tri-Star Homes, Inc. 2. Site Location: 9114 — 2401h Street SW (see Attachment 2). 3, Request: To divide one lot with a total area of 35,453 square feet into three lots in a Single - Family Residential (RS-8) zone (see Attachment 3). 4, Review Process: Following the Comment Period, Planning Staff makes an administrative decision. 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Section 16.20.030, site development standards for the RS-8 zone. b. Compliance with Edmonds Community Development Code (ECDC) Title 18, public works requirements. c. Compliance with Edmonds Community Development Code (ECDC) Section 20.75, subdivision requirements. d. Compliance with Edmonds Community Development Code (ECDC) Section 20.95, staff review requirements. Note: All code sections referenced in this report can be viewed via the City's website at www.ci.edmonds.wa.us. B. Decision on Subdivision Based upon the Findings of Fact and Conclusions, and Attachments submitted with the application and during the comment period, the following is the decision of the City of Edmonds Planning Division: The subdivision as proposed is APPROVED with the following conditions: 1. Prior to recording, the applicant must complete the following requirements: a) Civil plans must be approved prior to recording. In completing the civil plans, you must address the following: (1) Complete the Engineering Division conditions listed "Required prior to Recording" on Attachment 4. b) The shed located on Lot 2 must be removed. c) The portion of the deck on the western side of the existing house that extends past the required minimum 7.5-foot side setback must be removed. d) Make the following revisions to the plat: (1) Provide ownership and maintenance information for the private access tract. (2) If setbacks are to be included on the plat, correct them as stated in Section II.A.4.a below and add the following statement to the face of the plat: "Setbacks shown are for reference only and vest no right." Exhibit 2 Attachml Packet Pg. 75 Tri-Star Homes File No. S-2005-102 Page 3 of 8 (3) Add to the face of the Plat: "Conditions of approval must be met and can be found in the final approval for the short subdivision located in File S-05-102 in the City of Edmonds Planning Division." (4) Include on the plat all required information, including owner's certification, hold harmless agreement, and staff s approval block. e) Make sure all documents to be recorded meet the Snohomish County Auditor's requirements for recording, including all signatures in black ink. f) Submit two copies of the documents to be recorded for the Planning Division and Engineering Division's approval. Once approved, the applicant must record the documents with Snohomish County Auditor's office. g) Submit an updated copy of the title report (short plat certificate) with the documents proposed to be recorded. After recording the plat, the applicant must complete the following: a) Provide the City Planning Division with three copies of the recorded plat, with the recording number written on them. The City will not consider the subdivision to have been completed until this is done. b) Complete the Engineering Division conditions listed "Required with Building Permit" on Attachment 4. 3. The applicant is encouraged to retain as many of the existing trees as possible, especially those located within the setbacks on the southern portion of the property. II. FINDINGS OF FACT AND CONCLUSIONS A. Compliance with the Subdivision Ordinance 1. Introduction a. Setting: The subject property located at 9114 — 240`h Street SW is within the Single -Family Residential (RS-8) zone (Attachment 2). The surrounding properties are also zoned RS-8 and are developed with single-family residences. Topogra2hy and Ve etation: The existing driveway slopes downward from north to south, while the remainder of the lot is relatively flat, except for the very southeast portion, which slopes upwards towards the southeast. Vegetation on the majority of the lot consists of typical residential landscaping, including grass, shrubs, and trees. Tree species include maple, poplar, fir, cedar, and hemlock. Lot Layout: The proposed lot layout is shown on the subdivision map (Attachment 3). The existing house will remain on proposed Lot 1. This lot will be accessed via the existing asphalt driveway off of 240'' Street SW. Lot 2 will be created to the west of Lot 1 and will be accessed via the same driveway off of 240'' Street SW, which will connect to an access easement located on the northern side of the proposed lots. Lot 3 will be created to the west of Lot 2 and will also be accessed along this same access easement. 2. Environmental Resources a. The subdivision chapter, ECDC 20.75.085, states that a proposed subdivision should be designed to minimize significant adverse impacts where environmental resources exist (such as trees, streams, ravines, or wildlife habitats). During review and inspection of the subject Exhibit 2 Attachml Packet Pg. 76 Tri-Star Homes File No. S-2005-102 Page 4 of 8 site, it was determined that the site or the property to the north could potentially contain a wetland as defined by ECDC 23.50. As a result, the applicant was required to submit a study. See Section II.F of this document for a full discussion of the study conducted by The Jay Group for the subject property. The study concluded that there are two wetlands on the property; however, it was determined that these wetlands are not large enough to be regulated by the City's codest. There are a few trees on the site, which are considered to be environmental resources. The trees located on proposed Lot 1 will be able to be retained since this lot is already developed Most of the trees located on proposed Lots 2 and 3 appear to be in locations where the lots will be able to be developed without having to remove the trees. b. The proposal minimizes grading because the portions of the site that are to be built on are relatively level. In addition, the portion of the private access tract that connects the site to 240t' Street SW is currently paved, and the proposed lots will share this means of access. Any additional paving to extend the access tract to each individual lot will be within the relatively level portion of the site. No known hazardous conditions, such as flood plains, steep slopes, or unstable soil or geologic conditions exist at this site. A drainage plan must be submitted to the Engineering Department when a building permit is applied for on this site. Any proposed development on the site should be designed to minimize off -site impacts on drainage. All new impervious surfaces must be connected to a detention system. Lot and Street Layout a. This criteria requires staff to find that the proposed subdivision is consistent with the dimensional requirements of the zoning ordinance and that the lots would ultimately be buildable. Based on a review of the project and the analysis in this section, staff agrees that a three lot short -plat is a reasonable use of the property. Lot sizes and dimensions: Lot Area: Required Lot Area Proposed Gross s . ft Proposed Nets . ft Lot 1 8,000 10,379 10,379 Lot 2 8,000 8,001 8,001 Lot 3 8,000 9,569 8,056 Lot Width: The required lot width in the RS-8 zone is 70 feet. The proposed lots meet this requirement. Setbacks and Lot Coverage a. In order to approve a subdivision, the proposal must meet all requirements of the zoning ordinance, or a modification must be approved. Based on the development standards for the RS-8 zone, setbacks for the lots should be as follows: Lot 1: Side Setbacks (7.5 feet): From all property lines. Lot 2: Side Setbacks (7.5 feet): From all property lines. Lot 3: Side Setbacks (7.5 feet): From the edge of the ingress/egress easement and all remaining property lines. m E t .r a Exhibit 2 Attachml Packet Pg. 77 Tri-Star Homes File No. S-2005-102 Page 5 of 8 Existing Structures / Encroachments: The existing house is proposed to be retained on Lot 1; however, the portion of the deck on the western side of the house that encroaches into the required minimum side setback must be removed. The existing garage is also proposed to be retained on Lot 1. Although the garage does not meet the required side setback, this is an existing nonconforming setback, and the subdivision will not make the setback any more nonconforming. Therefore, the garage can be maintained in its current location; however, if the garage is to be replaced in the future, all new construction must meet the setbacks that are in place for the zone at that time. Since a lot cannot have an accessory structure without a primary structure, the existing shed must be removed from proposed Lot 2. Corner Lots: None of the lots are considered corner lots. C. Flag or Interior lot determination: All of the lots are flag lots. Lot Coverage of Existing Buildings on Proposed Lots: 1.) 35% maximum lot coverage is allowed in the RS-8 zone. 2.) The house and existing structures on proposed Lot 1 cover less than 35% of the lot. The existing shed on proposed Lot 2 is to be removed, so Lot 2 will have a zero percent lot coverage. Proposed Lot 3 currently has a zero percent lot coverage. Any future buildings or structures on any of the lots will be permitted to cover no more than 35% of each lot. 5. Dedications a. None required, per City Engineer's Requirements (Attachment 4). 6. Improvements a. See Engineering Requirements (Attachment 4). 7. Flood Plain Management a. This project is not in a FEMA designated Flood Plain. B. Compliance with the Comprehensive Plan 1. Comprehensive Plan Goals and Policies: The Comprehensive Plan has the following stated goals and policies for Residential Development that apply to this project. Residential Development B. Goal. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. The options available to the City to influence the quality of housing for all citizens should be approached realistically in balancing economic and aesthetic consideration, in accordance with the following policies: B. 1. Encourage those building custom homes to design and construct homes with architectural lines which enable them to harmonize with the surroundings, adding to the community identity and desirability. B.3. Minimize encroachment on view of existing homes by new construction or additions to existing structures. 6.4. Support retention and rehabilitation of older housing within Edmonds whenever it is economically feasible. Exhibit 2 Attachml Packet Pg. 78 Tri-Star Homes File No. S-2005-102 Page 6 of 8 B.5. Protect residential areas from incompatible land uses through the careful control of other types of development and expansion based upon the following principles: B.5.d. Private property must be protected from adverse environmental impacts of development including noise, drainage, traffic, slides, etc. B.6. Require that new residential development be compatible with the natural constraints of slopes, soils, geology, vegetation and drainage. 2. Compliance with the Residential Development goals and policies: The proposal will retain the existing house that was constructed in 1943, according to Assessor's records, and will make way for two new homes. The three lots will be accessed by one private access tract, a portion of which is an existing paved driveway. The overall proposal should not cause any adverse impacts and appears to be consistent with the residential development goals and policies. C. Compliance with the Zoning Code 1. If the proposed subdivision is approved as conditioned, it will comply with the provisions of the Zoning Code. See sections II.A.3 and II.A.4 of this document. D. Compliance with the Flood Plain Management Provisions 1. The proposed project is not in a Flood Plain. E. Environmental Assessment 1. Is this site within a shoreline area (within 200 feet of the ordinary high water mark of the Puget Sound)? No. 2. Is an Environmental Checklist required for this application? No. If more than 500 cubic yards of grading will be required, an Environmental Checklist is required. At this point in time, the total amount of grading for the subdivision improvements is not anticipated to exceed 500 cubic yards. If through review of the civil plans, it is determined that more than 500 cubic yards of grading will be required, the City will require an Environmental Checklist to be submitted and will issue an Environmental Determination. F. Critical Areas Review 1. Critical Areas Review number: CA-1998-0044. Results of Critical Areas Reviews: During review and inspection of the subject site, it was determined that the site or the property to the north could potentially contain a wetland as defined by ECDC 23.50. As a result, the applicant was required to submit a study. A report by The Jay Group with a revision date of August 29, 2006 is included as Attachment 5. Under the City's prior wetland regulations, a permit was issued to fill an on -site wetland because it was under the size threshold for qualifying as a regulated wetland. The portion of the property that was permitted to be filled cannot be considered for a wetland determination for the property today; however, there are a couple other areas on and adjacent to the subject property that needed to be looked at further to see if they would meet the criteria for being regulated. The report by The Jay Group concluded that a portion of the ditch running along the western side of the property qualifies as a Category 3 wetland. Since the southern portion of the ditch does not contain wetland soils, the report concluded that the portion of the ditch that qualifies as a Category 3 wetland is approximately 340 square feet in size. The report also concluded that the northwest corner of the subject property has an approximately 100 square foot wetland that is rated a Category 4 wetland. The final conclusions of the report determined that since the wetlands located on the subject property are under 500 square feet each in size, since they are Category 3 Exhibit 2 Attachml Packet Pg. 79 Tri-Star Homes File No. 5-2005-102 Page 7 of 8 and 4 wetlands, and since they do not provide significant habitat, they meet the criteria for being exempt from the City's wetland regulations. G. Comments One public comment letter was received during the initial review of the proposal and has been included as Attachment 6. Tracy Whitcombe wrote a letter on behalf of Chris Evans, Debra Danekas, Gary and Deb Anderson, and Danielle Wilkins. She commented that she moved into the neighborhood because of its "forest -like surroundings, the sparse development and the tranquility of a dead-end street with virtually no vehicular traffic." She was also attracted to the neighborhood because she was told that the property located west of hers was considered to be a protected wetland. Ms. Whitcombe stated that since she moved into the area in 2000, new homes have been developed throughout the neighborhood, and that she does not want to see even more development. Additionally, Ms. Whitcombe pointed out that the address indicated on the Notice of Development Application was shown as 914, instead of 9114. City's Response: The City cannot consider the fact that other development has been going on in the same area when deciding whether or not to approve a proposed subdivision. The area is within a Single -Family Residential (RS-8) zone that allows lots with a minimum area of 8,000 square feet and a minimum width of 70 feet. The proposed lots meet the requirements for the RS-8 zone; therefore, the City is able to consider the application. See Section II.F of this document for a full discussion on the wetlands located on and adjacent to the subject property. A study conducted by The Jay Group concluded that there are two wetlands on the property; however, it was determined that these wetlands meet the exemption criteria from the City's wetland regulations. The address error on the public notice has been corrected by the City. A second Notice of Development Application with the correct address was mailed out to the neighbors within 300 feet of the subject site, and the site was reposted on November 22, 2005. The comment period was subsequently extended to December 6, 2005 to provide an opportunity for those to comment who would have but did not because of the incorrect address. No public comment letters were received during this extended comment period. III. RECONSIDERATIONS AND APPEALS The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. Request for Reconsideration Section 20.100.01 O.G allows for City staff to reconsider their decision if a written request is filed within ten (10) working days of the posting of the notice required by this section. 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. B. Appeals Section 20.105.040 and 20.105.020 describes how appeals of a staff decision shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong, The appeal must be fled with the Community Development Director within fourteen (14) calendar days after the date of the decision being appealed. Exhibit 2 Attachml Packet Pg. 80 Tri-Star Homes File No. S-2005-102 Page 8 of 8 C. Time Limits for Reconsideration and Appeals The time limits for Reconsiderations and Appeals run concurrently. If a request for a reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for fling an appeal is stopped until a decision on the reconsideration request is completed. Once the staff has issued his/her decision on the reconsideration request, the time clock for filing an appeal continued from the point it was stopped. For example, if a request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the staff issues their decision on the reconsideration request. IV. LAPSE OF APPROVAL Section 20.075.100 states, "Approval of a preliminary plat or preliminary short plat shall expire and have no further validity at the end of five years, unless the applicant has acquired final plat or final short plat approval within the five-year period." V. NOTICE TO COUNTY ASSESSOR The property owner may, as a result of the decision rendered by the staff, request a change in the valuation of the property by the Snohomish County Assessor's Office. VI. APPENDICES Attachments: Application Vicinity / Zoning Map Subdivision Map Engineering Requirements "Site Review Information" prepared by Blue Heron Services Public Comment Letter from Tracy Whitcombe, Chris Evans, Debra Danekas, Gary and Deb Anderson, and Danielle Wilkins VII. PARTIES OF RECORD Engineering Department Tri-Star Homes, Inc. Debra Danekas P.O. Box 6142 9022 — 240`h Street SW Planning Department Lynnwood, WA 98036 Edmonds, WA 98026 John and Lois Ryan Tracy Whitcombe Gary and Deb Anderson 9114 — 240'h Street SW 9024 — 240'h Street SW 9026 — 240 Street SW Edmonds, WA 98026 Edmonds, WA 98026 Edmonds, WA 98026 Wendy Downer Chris Evans Danielle Wilkins West Group LLC 9024 — 240'h Street SW 9125 — 240'h Street SW 2120 Hewitt Avenue Edmonds, WA 98026 Edmonds, WA 98026 Everett, WA 98201 Exhibit 2 Attachinj Packet Pg. 81 2.1.a city of edmonds land use application ARCHITECTURAL. DESIGN REVIEW CoMPREHENs[vE PLAN A ENDmENT FILE # -t] - (OZ GONE "� COND[TIONAL USE PERMIT L 2 � HOME OCCUPATION DATE o REC'DBY F gati•'r� FORMAL. SUBDIVISION FEE # 15 7e). RECEIPT # LC?R.T SUBDIVISION HEAR OVG DATE LOT LINE ADJUSTMENT PLANNED RESIDENTIAL DL•:vE-LoPMENT HE TA PB ADB CC OFFICIAL STREET MAP AMENDMENT STREET VACATION REZONE SHORET THE PERMIT 1 - VARIANCE / REASONABLE USE EXCEPTION �' ✓ f yam' OTHER 1 S 7" PROPERTY ADDRESS OR LOCATION qui PROJECT NAME (IF APPLICABLE) t.}> PROPERTY OWNIM 4 ` Oa it PROM # ADDRESS .] E-MAu, ADDRESS^ 1 FAx # TAx AccouNT # OC, `�(."'�J C'Z CtZDC 00 SEC. _31 TWP. Z- 7 RNG.- DESCRIPTION OF PROJECT OR PROPOSED USE __ i E* 0 ✓l�- e- .ter ll APPLICANT WS�S PHONE ff Z w .- ADDRESS .0. P ONG st in wAnod E-MAIL ADDRESS FAX l: -7 CONTACT PERSON/AGENTgetkt�t� iPrRO [Es 0 "iqS 7, s'2 _ADDRESS a 1 Dqu f - E-MAIL AnnR13s5 � �QtiG'e� !eh'P C(� FAX/1 _ tl2- r ZS2-7q-09 The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attomey's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to ft application on the behalf of the owner as listed below_ SIGNATURE OF APPL,ICAtV'L'll#G�'- DATE 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 pe fission for the peth "c officials and the stalPof the City of Edmonds to enter the subject property for the purposes o s ion ar pQ g attendant to this application. Al SIGNATURE OF OWNER DATE This applicatia tome was on 1/27/00_ To verify whether it is still current, call (425) 771-0220_ L:\L1BRARY\PLANNC4G\Fo &RmdoLds\P&1ic HandouisV.and Use Appticatioadm Attachment 1 Exhibit 2 Attachm Packet Pg. 82 2.1.a ST adrona K-8 School +- Subject Property: T. � -1 '- 9114 - 240th Street Sw I it .� 240TH ST SW R -2O2-62 - W _ a RS-8 OD J •F 242ND a4zN� ST sw ST SW — �+ a � 00 a rn J3% 244TH ST SWI205TH ST NW Zoning Vicinity Map v N RS-20 RS-6 RM-3 BP = CG2 N Rezones ones A E RS-12 ` _ RSW-12 RM-2.4 ' ' ' BN O' CW MU Iac, 1 S9a RS-10 RS-MP RM-1.5 BC 8 MP1 P He S-2005-102 Q RS-8 CG 22MP2 �, OS 0 250 500 Feet Attachment 2 Exhibit 2 Attachml Packet Pg. 83 if 3i I it 1 I A 10' SEWER ESM7. { T r�'Er- Aj /1199909300264 � � r . T29,04• - IS 11 1 ' WFJiR I 3 B,DD2 j� 3 fzv 1iWC r" i JEWELL R. CORPUS CHRIS & C47HRINE FITTING 24109-92ND AWE W. 24104-92ND AVE. W. EDMONDS, WA 98026 EDMONDS, WA. ` [ RIRIM EELEV- TOP MY Qff=8D0 ` IE ELEVw419.44 (FROM AB.) 1• o BRIAN J. DUDGEON 9109-242ND S, S.W. EDMONDS. WA 98026 0 'TP ARE Q0-F,-j , Fr' � I Basis of Bearing: fl I 6m.an0Y UNE A6AIS%W1WT I �y I Afi 1199 912175007 9022-240TH ST. S.W. 15 0 15 30 60 EDMONDS, WA 98026 { j { 1 INCH m 30 FT. I —EX. 20' INGRESS, EGRESS & UTIL EASEMENT I I [ I A i I I GORY IAZZERONI & MACY "r=IABE I J� I 9024-240TN Sr. 026 ji I I � I Legend., + E'U'ST x MMA00 {Cf C 0.11ATED DAYA {P] ;-AT D47A 00 1154¢1FEO DATA t 11ER,W0 WATER MEI[R yZ WATER FIR[ NIDRAYI LI MALH LAG +9l'VE ApN'ER W1ULT UTILITY P-W eITIM ANDIDR 1» R15fR � ow p &* Bw SiREFr DGN LGNT q E7>s a4 CA -,me I C/ BUM%.. C$ rwr 2 EXeST NG Saw Equipment & Procedure: LEICA TC 1010, 3 SECOND TOTAL STATION FOR FIELD TRAVERSE MONUMENTS VISITED 5105 PRECISION EXCEEDS STATE STANDARDS. Textual Site Data: EXISTING ZONING: RS-8 PROPOSED ZONING: RS-8 PROPOSED LAND USE: SINGLE FAMILY GROSS SUBDIVISION AREI 35,433 S.F. AU&M -00?H0.'S AM i101000 S.F. Legal Description: [ F LOT A OF BOUND4RY LINE ADJUSTMENT NO. BIA150-92 RECORDED UNDER I AUDTTDR'S FILE NUMBER 9208210046 AND AMENDED UNDER AUDITOR'S FILE NUMBERS 92090J0553 AND 9303190515, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. I SITUATE IN THE COUNTY OF SNOHOMSH, STATE OF WASHINGTON. GARY ANDERSON & DEBORAH J4MES 9026-24M ST. S.W. EDMONDS. WA 98026 -- ——.. — — — os STEP14EN T. NOE 9105-242ND Si. S.W. 7TA� EDMONDS, WA 98026 C 11 S.W. 1/4, S.W. 1/4, SEC. 31, TWP. 27 N., RGE. 4 E., W.M. Short Subdivision (•� ORDER'S CERTIFICATE: FILED FOR RECORD BY THE WEST GROUP THIS DAY OF__________ 200__AD-, SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME '{The West Group, Inc. for 0AT ----- -_____ MINU7E5 PAST_____ O'CLOCK M• AND RECORDED IN DR UNDER MY DIRECTION IN CONFORMANCE WITH THE RE- 1 � PrOfe55i0n01 Land Surveyors & PlDnner9 Tri—Star Homes, Inc. ---- VOLUME_____ OF ON PACE______ OUIREMENTS OF THE SURVEY RECORDING ACT AT THE RE- r•F __________ RECORDS OF______________ COUNTY, WASHINGTON GUEST _------ 200__ 2120-Hewitt Ave 425-252-70BB Office T�arett. Va. 98201 425-252-7403 Fax DRAWN BY: DATE: D.C.W. Jr. 10/10/05 JOB N0: 2005-36 (Q MGR SUPT. OF RECORDS CERTIFICATE NUMBER CHECKED BY: SCALE: SHEET/OF; 1 • � ___30442_-______ 1" = 30' 1/1 0 Attachment: APL20160001 Staff Report with Attachments (1623 : File NumbeAPL20160001 - Appeal of Denial Regarding Innocent Purchaser W 2.1.a CITY OF EDMONDS ENGINEERING REQUIREMENTS FOR PLATS AND SUBDIVISIONS Name: Ran File No.: S-05-102 Approved by: /Z+/f 0 i Vicinity: 9114 240th St SW Engineering Pro ram Manager date Req'd Req'd w/bldg. Bond posted Complete prior to Permit recording 1. Rights -of -way for public streets: X 2. Easements (City utilities, private access, other utilities): Provide all easements as needed. X 3. Street improvements (ACP with curb and gutter): Access road shall be 16.0' wide plus 18" asphalt thickened edge X or 6"concrete extruded curb may be used. Access for lots 1, 2 and 3 shall be from Tract 999. X 4. Street turnaround: Provide on -site turn around on 2rivate access road to City Stds. X 5. Sidewalks and/or walkways:. N/A 6. Street lights: N/A X 7. Planting strip: N/A X 8. Water system improvements (pipelines, fire hydrants, pump stations, telemeterin , D. ;.H.S., etc.): OVWSD_ Developer must enter into an Extension agreement with X Olympic View Water and Sewer District Provide service to each lot. X Connect to public waters stem. X X 9. Sanitary sewer system improvements (pipelines, pump Stations, telemeterin , health district, etc.:OVWSD Developer must enter into an Extension agreement with X Olympic View Water and Sewer District. Install 6" fire hydrant with 4" storz adapter X Provide new service to each lot X Connect to public sewers stem X X 10. Storm sewer system improvements (pipelines, pump j Stations, DOE, fisheries etc.: ` Provide storm sewer service to all proposed lots. X Construct storm detention system sized to provide adequate X capacity for proposed single family dwellings and access improvements in accordance with ECDC 18.30. The existing natural drainage pattern through lot 3 must be X X preserved. Connect to Public Storms stem X 11. On -site drainage (plan per Ord. 3013): Connect all new impervious surfaces to detentions stem. X X _ 12. Underground wiring (per Ord. 1387): Required for all new services X X 13. Excavation and grading (per UBC, Chapter 70): Submit a grading plan as art of engineered site plan. X X 14. Si na a fper Citv Engineer): Provide fire and aid address si a e X VAdww\sp\05-102 ryan plt.doc Attach n) a nt 4 Exhibit 2 Attachm Packet Pg. 85 2.1.a Req'd Req'd w/bldg. Bond Complete prior to Permit posted recording 15. Survey monumentation(per Ord., Section 12.10.120 : N/A - X 16. As -built drawings (per City Engineer): Required for all utility construction. X X 17. Other requirements: All proposed lots shall access the private access road (Tract X X 999) a) Plat showing lots, easements, legals, survey information X b) Legal documents for each lot X c) Field stake lot corners (by professional engineer) X d) Clustered mailbox location per Postmaster X e) Maintenance agreements X 18. Engineering fees: a) Storm drainage connection charge for plat road ( $ ) X b) Storm drainage connection charge per lot (SFR) ( $ 428 ) X c) Sewer connection fee per SFR ($ ) X d) Sewer connection charge/LID fees to be paid in full. X e) Water connection fee per SFR (based on meter size) X d) Plat inspection fee: 2.2% of improvement costs $ X e) Plan review fee: ($ 860. ) X f) Traffic mitigation: total for both short plats $ 1681.44 X ENGINEERING PROGRAM MANAGER, CITY OF EDMONDS DATE The Engineering requirements have been completed and Cite subdivision can he recorded Authorized for recording by: Date: V:\dvrw\sp\05-102 ryan plt.doc Exhibit 2 Attachml Packet Pg. 86 2.1.a REVISED WETLAND DETERMINATION REPORT FOR THE RYAN PARCEL 9114 240TH STREET SW, EDMONDS, WASHINGTON Prepared For: Tri Star Homes PO Box 6142 Lynnwood, WA 98036 Phone: (425) 775-2468 Fax: (425) 775-2634 Project Planner: The West Group, Inc. Wendy Downer 2120 Hewitt Avenue Everett, WA 98201 Phone: (425) 252-7088 Fax: (425) 252-7403 Prepared By: THE )AY GROUP, The Jay Group, Inc. Paul Hamidi 1927 Fifth Street Marysville, WA 98270 Phone: (360) 659-8159 Fax: (360) 651-7252 Revision: August 29, 2006 Original: April17, 2006 Jay Group Project #06-0478 Attachment 5 Exhibit 2 Attachmi Packet Pg. 87 2.1.a Ryan Parcel Revised Wetland Determination P4 '�NI 0 Introduction �V0 �ppp The Jay Group, Inc. was contracted to perform a wetland and stream delineation for the 0.75 �§fyan parcel. The parcel is located at 9114 240t' Street SW (near the intersection of 92"' Avenue West), in the City of Edmonds, Washington. The tax ID Number is 00463302000400. There is an existing home, garage, driveway and landscaping in the east half of the property. A portion of the west half of the property has been cleared, filled and graded since September 2004. Based on testimony from neighbors and 2002 aerial photography, this area used to contain a small pond and a forested/scrub- shrub wetland, The property is bordered on the east and south by existing homesites; on the north by abandoned pasture succeeding to broadleaf forest (willow, cottonwood, alder); and on the west by 92`a Avenue West. The parcel includes the driveway running north to 240'" Street SW. The parcel was originally delineated by Blue Heron Services, which apparently found no wetlands onsite. A February 6, 2006 Peer Review by AC Roth of the Blue Heron study found that a portion of the west half of the property may have been jurisdictional wetlands prior to being filled. AC Roth also indicated that this wetland may extend offsite to the north. Further study was recommended. The Jay Group was not aware of a permit for the existing fill at the time of our first inspection (April 13, 2006). We were made aware of an existing permit at a meeting with the City of Edmonds on June 5, 2006 A permit for 'fill" was issued to the property owner (Ryan) on January 31, 2005 by the City of Edmonds Building Department (Permit Number 2005-0098). The drawings associated with the permit do not indicate jurisdictional wetlands onsite. They do indicate a 30' by 60' depression in the southwest property corner to be filled, as well as fill around an existing gravel driveway north of the depression. All of the permitted work is east of the existing roadside ditch and berm along 92"d Avenue West. After a return site visit, we have revised our original findings to take into account the authorized filling and grading activities on the site. The following is a summary of the initial research and the revised on - site determinations by The Jay Group. Site Description The study area occurs on a rolling glacial till plain. Elevations range from 450' in the southeast corner, to 424' in the southwest corner. Total site relief is approximately 26'. Slope gradient is approximately 15% in the eastern third of the property, becoming nearly level toward the west. Drainage is to the west into a roadside ditch along 92`a Avenue West. The ditch flows south into an 8" concrete culvert near the southwest property comer. Office Research The Snohomish County Wetland Inventory maps indicate an onsite wetland along the west property line. Another wetland is shown approximately 500' north and upslope of the subject property. [Based on topography, onsite investigations, and the testimony of neighbors, the upper offsite wetland may be draining into the ditch along 92d Avenue West.] No wetlands are shown in the vicinity on the National Wetland Inventory Map. No streams are indicated in the vicinity on the Snohomish County Water Type Map. One soil map unit has been mapped within the study area by the NRCS: (6) Alderwood-Urban Land Complex, 8 to 15% slopes. This unit contains about 60 percent Alderwood gravelly sandy loam, and August 29, 2006 Page 2 of 5 Prepared by: The Jay Group, Inc Jay Group Job #: 66-0478 Exhibit 2 Attachm Packet Pg. 88 2.1.a n Parcel Revised Wetland Determination about 25 percent urban land. Alderwood is a moderately well drained soil developed in glacial till. Depth to the dense glacial till layer varies from 20 to 40". A perched water table to within 1.5'of the soil surface exists from January to March. This unit has common hydric soil inclusions in depressions and drainageways. Aerial photography (1990 and 2002) and topographic maps (2' contours) were also used to located potential wetlands. The entire study area was traversed by foot to observe any evidence of potential wetlands. This included observations of vegetation, hydrology indicators, and soil cores. Wetlands were delineated using the Washington State Wetlands Identification and Delineation Manual (Washington State Department of Ecology, 1997). Wetland Determination When all three parameters (vegetation, hydrology, and soils) have been examined at an observation point, a wetland determination can be made. A positive determination requires that all three parameters be positive for wetland If any one of the three is not positive, the observation point is not within a wetland. If all three parameters are met at all observation points, then the entire area is a wetland. If one or more parameters are not met at some observation points, then some of the area is wetland and some is not, and the boundary must be determined by additional sampling. Onsite Filled Area A wetland determination must be made based on "normal circumstances" existing on the site. Recent filling and grading activities in a wetland constitute "normal circumstances" if these activities were legally permitted by the appropriate jurisdiction(s) with authority. Since the recent filling activity on the Ryan parcel has been permitted by the City of Edmonds, the current conditions are the "normal circumstances ". Based on our investigations, we have determined that the depth and composition of the existing onsite fill is adequate to preclude these areas from exhibiting wetland hydrology. The fill is estimated to be approximately 2' to 4' deep inmost places. The area on the edge of the fill that may still have wetland hydrology is negligible. Offsite Filled Area Based on our observations of soil cores, tree growth, and historical aerial photography; and testimony by neighbors, the area north of the subject property was filled over 20 years ago. This old fill thins to the south, but is still over 2 to 3' deep along the fenceline of the Ryan property. A portion of the area north of the Ryan parcel may have been wetland prior to filling. Water table depths in the sandy loam fill immediately north of the fence were all 10" or deeper on April 13, 2006, with the exception of a negligible area close to the road. It is expected that the water tables rise and fall rather quickly in the sandy loam fill material. The fill material does not exhibit hydric soil indicators, even though it has been in place a sufficiently long time for development of redoximorphic features. Some hydrophytic vegetation is established just north of the fence. The hydrophytic plants in this area include Sitka willow, Scouler's willow and black cottonwood. These are common in nonwetland areas where a water table can be exploited by deep tree roots. Other hydrophytic plants in this area include giant horsetail, stinging nettle, and creeping buttercup. All of these are common in disturbed/filled areas. Non-hydrophytic vegetation dominates most of the area further north. Common plants here include Himalayan blackberry, Indian plum, red elderberry, and cascara. Our determination is that none of the area within 200' of the Ryan parcel is currently jurisdictional wetland. August 29, 2006 Page 3 of 5 Prepared by: The Jay Group; fnc Jay Group Job »: 06-0478 Exhibit 2 AttaChm Packet Pg. 89 2.1.a Ryan Parcel Revised Wetland Determination Wetland Ditch Much of the ditch along 92`u Avenue West was likely excavated in wetland, based on its location adjacent to the presumed previously existing wetland. A 5' wide berm separates the ditch from the recently filled area to the east. Approximately 6" of water was present in the ditch at the time of our inspection on April 13, 2006. The ditch is approximately 2' wide by 2' deep. The total length of the ditch, based on onsite measurements, is approximately 248'. The source of water in the ditch is an 8" concrete culvert that crosses 92"d Avenue West. It could not be determined where this culvert daylights upslope. The most likely location is on the north side of 2400' Street SW. Water flows into another 8" concrete culvert at the south end of the ditch, near the southwest property corner of the Ryan parcel. It could not be determined where this culvert daylights downslope. The ditch contains hydrophytic vegetation for most of its length. Dominant vegetation includes giant horsetail, common velvet grass, creeping buttercup, Douglas spireae, lady fern, climbing nightshade, creeping bentgrass, reed canary grass, Himalayan blackberry, and bindweed. We investigated the ditch for hyric soil indicators to confirm that it was indeed excavated in wetlands. The soils of the northern two-thirds of the ditch (including the offsite section) exhibited redoximorphic features indicative of wetland soils. The southern one-third of the ditch has very coarse sandy soils which lacked hydric indicators. Based on measurements in the field, the wetland section of the ditch is approximately 170' long by 2' wide (340 SF). The Wetland Ditch rates as a Category 3 wetland (EMC 23.50.010.A.1.c). The rating form is included with this report. It has a total score of 35 points. This is an excavated ditch adjacent to a paved road that is dominated by invasive or exotic species. It is a very low quality wetland that provides few hyrologic or biologic functions other than conveyance of storm water and limited water filtration/purification. The approximate location of the wetland ditch is indicated on the enclosed sketch of the Ryan parcel. Photographs are also included at the end of this report. Other Wetland Area In addition to the wetland ditch, there is a very small area in the northwest corner of the Ryan parcel which was not filled (or has very shallow fill) that still exhibits wetland indicators. This area was saturated to the surface on April 13 (SL-9). It has dark surface soils with common, distinct high- chroma mottles. Vegetation in this area includes common velvet grass, creeping buttercup, giant horsetail and creeping bentgrass. Based on measurements in the field, this area is approximately 20' by 5' (100 SF). This area is separated from the wetland ditch by a width of approximately 10' that has deeper fill material. This wetland is too small to apply the rating system in any meaningful way. It is dominated by invasive/exotic species, and surrounded by disturbed/filled area and the road. It provides few, if any, hydrologic or biologic functions. It is rated Category 4 for purposes of applying the Municipal Code. The approximate location of this wetland is indicated on the enclosed sketch of the Ryan parcel. Photographs are also included at the end of this report. Exemptions The City of Edmonds Municipal Code (23.50.040-1) allows for exemptions for certain wetlands. Criteria for a wetland to be exempt from regulation include: 1. The wetland is under 500 square feet in area; 2. The wetland is a low -quality Category 3 or 4 wetland,' August 29, 2006 Page 4 of 5 Prepared by: The Jay Grout, Ine Jay Group Job 4: 06-0478 Exhibit 2 Attachml Packet Pg. 90 2.1.a Ryan Parcel Revised Wetland Determination 3. The wetland does not provide significant habitat value for wildly; and 4. filling of the wetland can maintain equivalent or greater habitat functions and values over existing site conditions. Based on our investigations and analysis, the two wetland areas on the Ryan parcel meet these criteria and should be exempt from regulation. They are under the size threshold; are Category 3 or 4; and do not provide significant habitat. The water conveyance and purification functions of the Wetland Ditch should be addressed in any future site development with an approved storm water drainage plan. This wetland determination should be considered subject to change until reviewed and approved by the appropriate regulatory agencies with jurisdiction. Site Photos Wetland Ditch Berm between ditch and filled area Small wetland in northwest corner Looking east along north fence Aucust N, 2006 Pape 5 oes Prepared by: T'he Jay Group, Inc lay Gioup Jub?r': 06-0475 Exhibit 2 Attachinj Packet Pg. 91 41 ' ir. 70 } i � Cat. 4Wetland 100 SF Old Fill _• 3 4 6 7 V � M Wetland Ditch C at.. 340 S,F Permitted 4s; Fill Uplag r' 12 culvert _ 11 Data Point + y rr IN ' iR Z. 1 fAk s 11/18/2005 10:00 FAX 206 359 9000 PERKINS COIE SEAFAX 4 002 2.1.a T R A C Y W H I T C O M B E— November 17, 2005 Jen Witzgall City of Edmonds Development Services Dept. 121 Fifth Avenue N. Edmonds, WA 98020 Re: Notice of Development Application File #S-05-102: 9114 240th Street S.W., Edmonds, WA 98026 Dear Ms. Witzgall: Five years ago, when I began my search for property to purchase, I decided to leave my home on Queen Anne for the quieter, suburban neighborhoods to the north. When my real estate agent showed me the property which I now call home, I was instantly won over by the forest -like surroundings, the sparse development and the tranquility of a dead-end street with virtually no vehicular traffic. To add to the appeal, I was told that the property adjacent to me, that being directly to the west, was considered by the City of Edmonds to be a protected wetland area. It was my understanding that because of that protection, the property would never be developed, and that I would be guaranteed an open western view into perpetuity. That was a huge selling point for me. based my decision largely on these factors. From that point on, I have considered this neighborhood to be a restful, serene oasis from the city where I could step outside my house at night, look up at the sky and see the stars and hear nothing but the wind in the trees. Since I purchased my home in October 2000, four new homes have been built on the hillside just to the east of me, creating a great deal of disruption and constant construction noise. Added to that is more traffic, more barking dogs, and more ambient light from neighboring houses. The following year, another development sprang up just across the street adding four new homes with all the attendant construction headaches, traffic diversions and increased density, not to mention the loss of all the trees and natural ground cover that once created a park -like environment in our backyards. The saute developer responsible for the previous construction blight is now proposing to add another phase of development in the very same property that we were all told was protected as a wetland. And now those things I originally cherished, and what persuaded me to purchase my home in the first place, are slowly being removed — the peace, the quiet, the trees, the sense of isolation from the busy wo�d outside. It is Attachment 6 Exhibit 2 Attachm Packet Pg. 93 11/18/2005 10:31 FAX 206 359 9000 PERKINS COIE SEAFAX 1000s 2.1.a City of Edmonds Development Services Dept. November 17, 2005 Page 2 time to say no to this developer. Enough is enough I strenuously object to any proposal to develop the property at 9114 240th Street S.W. Let the developer find another piece of property upon which to build his houses. He has already created far too much density in our neighborhood as it is. I wish to point out that the address indicated on the Notice as the Project Location is "914 240th Street S.W., Edmonds." It raises questions regarding the validity of the Notice because of the printed misinformation. PLEASE NOTE THAT I AM WRITING ON BEHALF OF THE UNDERSIGNED INDIVIDUALS AS WELL, ALL OF WHOM ARE RESIDENTS NEIGHBORING THE PROPERTY IN QUESTION. THOSE INDIVIDUALS WHO HAVE SIGNED THIS LETTER WISH TO REGISTER THEIR ENDORSEMENT OF TIE POSITION STATED HEREEN. We appreciate your taking the time to review this letter. If you have any questions, please do not hesitate to contact any of us. L I 'I f Fre Tracy Whitcombe 9024 240th Street S.W. Edmonds, WA 98026 425.670.1878 rondo i e comcast. Sze t Cholt L --el 9024 240th Street S.W. Edmonds, WA 98026 beaygedde@yohoo.com corn Debra Danekas 9022 240th Street S.W. Edmonds, WA 98026 425.771.7976 taw Sincerely, Citi Deb Anderson 9026 240th Street S.W. Edmonds, WA 98026 425.772.5858 aryCcr7mvtrophy. com Danielle Wilkins 9125 240th Street S.W. Edmonds, WA. 98026 425.672.7758 Exhibit 2 Attachml Packet Pg. 94 eo N to !eaddV - 6000960Z-1dVegLunN 01!=1 : £Z90 S;uauayoe;;V y;!m:pod9N }Je;S 6000960Z-1d`d :1u8uay3e;;V fnc. 18y%) August 29, 2013 SUBJECT: MY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION NOTICE OF EXTENSION TO VALIDITY OF PRELIMINARY SHORT SUBDIVISION APPROVAL LOCATED AT 9114 — 240T" ST. SW, FILE NO. PLN200500102 Dear Parties of Record: Preliminary approval of a land use application for a short subdivision located at 9114 — 240'" St. SW was issued on October 30, 2006 under File No. PLN200500102. You were a party of record to this decision, and notice is hereby being provided to you that the City Council recently adopted changes to the Edmonds Community Development Code (ECDC) that extend the time frame for preliminary approval validity of certain short plats. Previously, ECDC 20.75.100 caused preliminary approval of a short plat to expire and have no further validity at the end of five years. The recent code changes under Ordinance No. 3925 include the following provision (ECDC 20.75.107): Short plats that received preliminary approval on or after January 1, 2006 and would have expired prior to the effective date of this ordinance [June 14, 2013] shall have their preliminary approvals automatically extended for a period of two years from the effective date of this ordinance. Preliminary approval of such short plats shall expire and have no further validity at the end of two years from the effective date of this ordinance [June 14, 20131, unless the applicant has acquired final short plat approval within the specified time period. Notice of the two-year extension from the effective date of this ordinance shall be provided to the parties of record of such preliminary short plats. Based on the provisions of Ordinance No. 3925, the preliminary approval of the above referenced short subdivision has been extended to Monday, June 15, 2015. This letter provides the required notice to all parties of record of such extension. The owner/applicant for the subject short subdivision may continue where they left off in the process for obtaining civil and final approval. This would include the construction of and/or bonding for the required engineering improvements, completion of all required conditions of approval, and recording of the short subdivision with Snohomish County. Please note that this notice does not confer any legal rights and shall not be construed as a land use decision. It merely serves to notify you, as a courtesy, that a city ordinance that may affect you has recently changed. If you have any questions, please contact the Planning Division at (425) 771-0220. Sincerely, Development Services Department - Planning Division Jen Machuga Associate Planner Cc: File No. PLN200500102 John and Lois Ryan John and Lois Ryan Wendy Downer Tri-Star Homes, Inc. Tracy Whitcombe 9114 — 240" Street SW P.O. Box 3373 West Group LLC P.O. Box 6142 9024 — 240d' Street SW Edmonds, WA 98026 Lynnwood, WA 98046 2120 Hewitt Avenue Lynnwood, WA 98036 Edmonds, WA 98026 Everett, WA 98201 Chris Evans Debra Danekas Gary and Deb Anderson Danielle Wilkins 9024 — 240'" Street SW 9022 — 240'h Street SW 9026 — 2401° Street SW 9125 — 240"' Street SW Edmonds, WA 98026 Edmonds, WA 98026EXfgQ„�� 98026 Edmonds, WX9JJachment 10 2.1.a RECEIVED SUBDIVISION JUL 141. 2016 PLANNING DEPT Guarantee/Certificate Number: Issued By: 500044221 CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Boris Bragin and Hermes Law Firm, PSC herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 3002 Colby Ave., Suite 200 Everett, WA 98201 Countersigned By: Authorized Officer or Agent Chicago Title Insurance Company By: Attest: President Secretary subdivision Guarantee/Certificate Primed: 07.02.16 @ 01:04 PM Page 1 WA-CT-FNRV-02150.624691-SPS-1-16-500044221 Exhibit 2 Attachmel Packet Pg. 96 2.1.a CHICAGO TITLE INSURANCE COMPANY GUARANTEEICERTIFICATE NO. 500044221 ISSUING OFFICE: Title Officer: Builder Unit Chicago Title Company of Washington 3002 Colby Ave., Suite 200 Everett, WA 98201 Fax: (866)827-8844 Main Phone: (425)259-8223 Email: evebuilder@ctt.com $1,000.00 Effective Date: June 27, 2016 at 08:00 AM The assurances referred to on the face page are: SCHEDULE A Premium --- Tax $250.00 $23.00 That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property Is vested in: Boris Bragin and Elena Bragin, husband and wife subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A SubdMslon GuarenleelCLAIflcato Phnttd: 07.02,16 @ 01V PM Page 2 WA-CT-FNRV-02150.624691-SPS-1-16-500044221 Exhibit 2 Attachinel Packet Pg. 97 2.1.a EXHIBIT "A" Legal Description For APN1Parcel ID(s). 004633-020-004-00 THAT PORTION OF LOTS 4 AND 5, BLOCK 20, HANBURYS SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 20, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT THE NORTH 166.50 FEET AS MEASURED ALONG THE EAST LINE OF THE WEST 190.92 FEET AS MEASURED ALONG THE NORTH LINE TOGETHER WITH THAT PORTION OF VACATED STREET WHICH WOULD ATTACH BY OPERATION OF LAW; ALSO KNOWN AS LOT'A' OF BOUNDARY LINE ADJUSTMENT NO. BLA150-92 RECORDED UNDER AUDITOR'S FILE NUMBER 9208210046 AND AMENDED UNDER AUDITOR'S FILE NUMBERS 9209030553 AND 9303190515, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00"15'00" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 85.50 FEET; THENCE SOUTH 89*45-00" WEST, A DISTANCE OF 20.00 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 89°45'00" WEST, A DISTANCE OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 90"00'00" AND HAVING AN ARC LENGTH OF 31.42 FEET; THENCE NORTH 00*15-00" WEST, A DISTANCE OF 8.00 FEET TO A POINT 20.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE SOUTH 89°45'00" WEST PARALLEL TO SAID NORTH LINE A DISTANCE OF 58.54 FEET; THENCE SOUTH 00*15'00' EAST, A DISTANCE OF 113.50 FEET TO THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE NORTH 89°45'00" EAST ALONG SAID SOUTH LINE A DISTANCE OF 98.54 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON Subdlvlslon Guarantee/Certlricate Page 3 Printed: 07.02.16 @ 01:04 PM WA-CT-FNRV•02150.624691-SPS-1-16-500044221 Exhibit 2 Attachmel Packet Pg. 98 2.1.a CHICAGO TITLE INSURANCE COMPANY GUARANTEEICERTIFICATE NO. 500044221 SCHEDULE B GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights -of -way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims or title to water. K. 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 of record for value the estate or interest or mortgage thereon covered by this Commitment. Subdivlslon Gul(,Wea1CeMirmte Page 4 Mtad7 07.02.16 @ 01:04 PM WA-CT-FNRV-02150.624691-SPS-1-16-500044221 Exhibit 2 Attachmel Packet Pg. 99 2.1.a CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) SPECIAL EXCEPTIONS GUARANTEEMERTIFICATE NO. 500044221 No search has been made as to property taxes and assessments. Property taxes and assessments will be searched upon request, 2. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Snohomish County Boundary Line Adjustment No. BLA 150-92: Recording No: 9208100046 Notice of correction recorded under recording no. 9209030553 3. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Survey: C1 Recording No: 9305065002 Sewer easement agreement and the terms and conditions thereof: Recording Date: August 30, 1999 Recording No.: 199908300264 A lien in favor of Olympic View Water and Sewer District, For: Water and Sewer Name of Owner: John Ryan Amount: $1,359.77 Recording Date: June 10, 2015 Recording No.: 201506100645 A deed of trust to secure an indebtedness in the amount shown below, Amount: $332,856.96 Dated: October 30, 2015 Trustor/Grantor: Boris Bragin and Elena Brafin, husband and wife Trustee: First American Title Company Beneficiary: KC Capital, LLC Recording Date: February 1, 2016 Recording No.: 201602010297 subdivision Guaranlee/Certificate Panted: 07.02.16 @ 01:04 PM Page 6 WA-CT-FNRV-02150.624691-SPS-1.16-500044221 Exhibit 2 Attachmel Packet Pg. 100 2.1.a CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEEICERTIFICATE NO. 500044221 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 identification 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 matter shown, or an opinion as to the marketability of title to the subject premises. END OF SCHEDULE B Subdivision Guarantee/Certificate T� Printed: 07.02.16 @ 01:04 PM Page 6 WA-CT-FNRV-02150.624691-SPS-1-16-500044221 Exhibit 2 Attachmel Packet Pg. 101 2.1.a CHICAGO , TITLE COMPANY OF: WUMNNGMN Remit Payment To: Chicago Title Company of Washington 1111 3rd Ave., Suite 320 Seattle, WA 98101 Phone: (425)259-8223 Fax: (425)259-8243 Due upon receipt Hermes Law Firm, PSC 1812 Hewitt Avenue, Suite 102 Everett, WA 98201 Order Number: 500044221 Buyer/Borrower(s): Boris Bragin and Elena Bragin Title Officer, Builder Unit Property Description: 9114 240th Street Southwest, Edmonds, WA 98026 Policies Applied For: Subdivision Guarantee/Certificate Bill Code Description Invoice Date: July 2, 2016 Invoice Number: 500044221-1 Operation: 02150.624691 TP Loan Policy (Coverage $1,000.00) (Subdivision Guarantee/Certiflcate) 500044221 INVOICE 1,000.00 Amount 250.00 t Subtotal: $ 250.00 Tax: $ 23.00 Invoice total amount due: $ 273.00 Thank you for the opportunity to serve you. Please -return -a --copy of this invoice -with your payment 5000"221 Invoice 1 generated on 7/2/2016 1:03 Dm PST by -JC Exhibit 2 Attachmel Packet Pg. 102 2.1.a GA C( 1I AM ;DIV VILL Exhibit 2 Attachmel Packet Pg. 103 2.1.a Order: 500044221 After Recording Return to: Illlll III I li I! IN 1111 II111I PI 110 IN III 111111I1 Ill! It SNORSHCUm RSHI�JGIQN Olympic View Water and Sewer District 8128 228" ST SW Edmonds WA 98026 LIEN Olympic View Water and Sewer District Account # 004116 Olympic View Water and Sewer District does hereby certify to the Auditor's Office of Snohomish County that certain lien will be filed against the property hereinafter described in the amount of $1,359.77 for water and/or sewer services serving the property. Reputed Owner/Grantor: Ryan, John Grantee: Olympic View Water and Sewer District Property Address: 9114 240"' St SW, Edmonds, WA 98020-6725 Assessor's Property Tax 00463302000400 Parcel/Account Number: SEC 31 TWP 27 RNG 4 QTR SW - HANBURYS SOUND VIEW TRS BLK 020 D-00 - TH PTN OF LOTS 4 & 5 BLK 20 EXC N 1 66.50FT AS MEAS ALG E LN OF W 190.92FT AS MEAS ALG N LN TGW TH PTN OF VAC ST WH WOULD ATTACH BYOPERATION OF LAW PER BLA 150.92 REC AF 9208210046 & CORR PER AF 9209030553 & 9303100515 - DAF COM AT BE CDR OF TH ABOVE DESC TR OF LAND BEING TH TPOB TH NOD 15 DOW ALG E LN THOF A DIST OF Legal Description: THS89 45 DOW A DIST OF 20.ODFT TO A PT ON A CRV TH ALG A CRV TO L CTR WH BEARS S89 45 DOW A DIST OF 20FT THRU A CIA OF 90 00 00 & HAVING AN ARC LENGTH OF 31.42FT TH NOO 16 00W A DIST OF 8FT TO A PT 20FT SLY OF NLY LN OF ABOVE DESC TR TH S89 45 DOW PLT SO N LN A DIST OF 58 54FT TH SOO 15 DOE A DIST OF 113.50FT TO S LN OF ABOVE DESC TR TH N89 45 OOE ALG SD S LN A DIST OF 98. O TPOB PER SWD200710310959 Approv Date: (P Lynne A. Ddnioan, General Manager, Olympic View Water and Sewer District Page 1 of 1 Requested By: feline, Primed: 7/212016 1:07 PM Exhibit 2 Attachinel Packet Pg. 104 2.1.a AFTER RECORDING MAIL TO: KC Capital LLC 5413 Meridian Ave N., Ste C Seattle, WA 98103 lIiRl1111!!II!ulll!llllIIlIIRl1!�!1III!!NIllll T��m jj� PGS �FJNJJGT}N NO EXCISE TAX REQUIRED FEB 01. 2016 QUIT CLAIM DEED KIRKE SIEVERS, Smoomh County Treasurer By KIRKE SJr:VERS Filed for Record at Request of: KC Capital LLC APN: 00463302000400 THE GRANTOR(S): KC Capital LLC for Security Purposes Only For and in consideration of to release security interest only as reflected in Trustee's Deed recorded prior hereto Conveys and quit claims to Boris Bragin and Elena Bragin, husband and wife The following described real estate; situated in the County of Snohomish and state of Washington: Legal Description: Exhibit "A" This Quit Claim Deed is not intended to release or reconvey the beneficial interest in favor of Grantor in any Deed of Trust or other security instrument recorded subsequent hereto, Sec 31 7ftlP V7 R NG1 tt 9N j4A Aj 6V 0P-Y6 S 6LA40 Vf&lu -Fk S 13Lk, 020 6 - T H . PrAJ L 4 -4 S U k Z. 0 &x c Order: 500044221 Pagel of 3 Requested By_ jcllne, Printed: 7/2/2016 1:07 PM Exhibit 2 Attachmell Packet Pg. 105 2.1.a Dated this I of December, 2015 KC Capital, LLC Its; Autlzon Signer STATE OF WASHINGTON ) COUNTY OF KING) On this day personally appeared before me ERIK EDGER, to me known to be the Authorized Signer of KC Capital, LLC, the corporation that executed the within and foregoing instrument, and acknowledged to me the said instrument was the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that HE was authorized to execute the instrument for and on its behalf. SUBSCRIBED AND SWORN to before me by ERIK EGGER on this day of December, 2015. IA" PRINTED NAME; Natalie Am F. Wiseman Notary Public NOTARY PUBLIC State or WasAington in and for the State of Washington. 7my ATALIE ANN F WISEMAN OManl Exom Jul 90, 2a1e My commission expires: _"-3—al l Order: 500044221 Page 2 of 3 Requested By. jcllne, Printed: 71212016 1.07 PM Exhibit 2 Attachmell Packet Pg. 106 2.1.a EDIT A RRA1L PROPERTY MT THE COUNT11 OF SNOHOMISH, STATE OF R'ASHNGTON. DESCMED AS FOLLOWS, SEC 31 TViIP 27 RNG 4 QTR SU' HANEURYS SOUND VIEW T RS BLK 020 DOC TH PTN OF LOTS 4 & 5 BLK 20 EXC N 166,50n AS MEAS ALG E LN OF %r 190,92FT AS MEAS ALG N LN TGW TH PIN OF VAC ST Vi H WOULD ATTACH BYOPE•RATION OF LAW PER BLA 15092 REC AF 9208210046 A,, CORR PER Ar 9209030553 & 9303190515 DAF COM AT SE CUR OF TH ABOVE DESC TR OF LAND BEING TH TPOB TH N00 15 COW ALG E LN THOF A DIST OF 85,50FT TRS89 45 COW A DIST OF MOM T TO A PT ON A CRV TH ALG A CRV TO L CTR WH BEARS SS9 45 OOW A DIST OF 20FT THRU A C/A OF 90 00 00 & HAVNG AN ARC LENGTH OF 3I.42FT TH 1\100 15 DMA' A DIST OF 8FT TO APT 2OFT SLY OF NTLY LN OF .AMI'E DESC TR TH S89 45 00Vd PLT SD NT LN A DIST OF 58 54FT TH SOO 15 DOE A DIST OF 113,SOFT TO S L?t OF ABOVE DESC TR TPI N89 45 DOE ALG SD S LN A DIST OF 9S 54FT TO TPOB PER SWD2007103109-9 TAX PARCEL NUNdBkP,: 0046330s000400 Co;iimur�l�' ►aio�� n as. 9114 ?40TH ST S)A,, EDMOiZMS; R'A 98C26-9032 Order: 500044221 Page 3 of 3 Requested By: jcllne, Printed: 7/212016 1:07 PM Exhibit 2 Attachme Packet Pg. 107 2.1.a RECORDING REQUESTED BY, AND AFTER RECORDING RETURN TO: KC Capital, LLC 5413 Meridian Ave Suite C Seattle, WA 98103 Attention: Nikki Pina l !Ifni li�l iiiil tli i iliil li�ti llili i�li'�� lil�� I III �lll �i� III 50H ISH 0 UNT RSHI�NGTON Grantor: Boris Bragin and Plena Bragin, husband and wife Grantee #1: First American Title Urnpany Grantee #2: KC Capital, LLC Abbreviated Legal Description: SEC 31 TUT 27 RNG 4 QTK SW (Full legal description on Exhibit A) Assessor's tax parcel no(s): 00463302000400 DEED OF TRUST TIIIS DEED OF TRUST ("Heed of Trust") is made this Wed —ay of October, 2015, between Boris Bragin aad Elena Bragin, husband and wife ("Grantor"), whose address is 16006 73"t DR SE # B Snohomish, WA 98296, as grantor, First American Title Company ("Trustee"), the address of which is 2707 Colby Ave Suite 601 Everett, WA 98201, as trustee, and KC Capital, LLC, a Washington limited liability company ("Eeneticiaq 1), the address of which is 5413 Meridian Ave N, Ste C, Seattle, WA 98103, as beneficiary: FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, sells and conveys to Trustee and its successors and assigns in trust, with power of We, all of Grantor's right, title and interest in and to the property in Snohomish County Washington legally described on attached Exhibit A (the "Property"), whether now existing or hereafter acquired, together with the following, (all of which shall be deemed included in the "Property"): (a) All land lying in streets and roads adjoining the Property, and all access rights and easements pertaining to the Property. t 6-700043 467 Order: 500044221 Page 1 of 10 Requested By: jcfine, Printed: 7/2/2016 1:07 PM Exhibit 2 Attachmel Packet Pg. 108 2.1.a (b) All the lands, tenements, privileges, reversions, remainders, irrigation and water rights and stock, oil and gas rights, royalties, minerals and mineral rights, hereditaments and appurtenances belonging or in any way pertaining to the Property. (c) All buildings, structures and other improvements now or hereafter erected on the Property, and all facilities; fixtures; machinery, apparatus, installations, equipment, fumiture and other properties of whatsoever nature (including without limitation all heating. ventilating, air conditioning, plumbing and electrical equipment, all sprinkler systems, all engines and motors, all lighting, laundry, cleaning, fire prevention and fire extinguishing equipment, all ducts and compressors, all refrigerators, stoves and other appliances, attached cabinets, partitions, rugs, carpets and draperies, all building materials and supplies and all construction forms and equipment), now or hereafter located in or uscd or procured for use in connection with that property, it being the intention of the parties that all property of the character hereinabove described which is now owned or hereafter acquired by Grantor and which is affixed or attached to or used in connection with the Property shall be, remain or become a portion of that property and shall be covered by and subject to the lien cf this Deed of Trust.. I_oaeth with all contracts, agreements, permits, plans, specifications, drawings, surveys, engineering reports and other work products relating to the construction of the existing or any future improvements on the Property, any and all rights of Grantor in, to or under any architect-s contracts or construction contracts relating to the construction of the existing or any future improvements on the Property, and any performance and/or payment bonds issued in connection therewith. (d) All rents. issues and profits of the Property, all existing and future leases of the Property (including extensions, renewals and subleases)2 all agreements for use and occupancy of the Property (all such leases and agreements whether written or oral, are hereafter referred to as the "Leases"), and all guaranties of lessees' performance under the Leases, together with the immediate and continuing right to collect and receive all of the rents, income, receipts, revenues, issues, profits and other income of any nature now or hereafter due (including any income of any nature coming due during any redemption period) under the Leases or from or arising out of the Property including maintenance contributions, tax and insurance contributions, deficiency rents, liquidated damages following default in any Lease, all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Property, all proceeds payable as a result of a lessee's exercise of an option to purchase the Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, and all proceeds from any right and claims of any kind which Grantor may have against any lessee under the Leases or any occupants of the Property (all of the above are hereafter collectively referred to as the "Rents"), 16-700043 467 Order: 600044221 Page 2 of 10 Requested By: jellne, Printed: 7/2/2018 1:07 PM Exhibit 2 Attachmel Packet Pg. 109 2.1.a (e) All compensation, awards, damages, rights of action and proceeds (including insurance proceeds and any interest on any of the foregoing) arising out of or relating to a taking or damaging of the Property by reason of any public or private improvement, condemnation proceeding (including change of grade), fire, earthquake or other casualty, injury or decrease in the value of the Property; all returned premiums or other payments on any insurance policies pertaining to the Property and any refunds or rebates of taxes or assessments on the Property. None of the Property is presently, or will during the term of this Deed of Trust be, used principally or at all for agricultural or farming purposes. The loan secured by this Deed of Trust is a `commercial loan" as that term is used in RCW Ch. 61.24. THIS DEED OF TRUST IS GIVEN AS SECURITY FOR THE FOLLOWING OBLIGATIONS: (a) Payment of the sum of Three Hundred Thirty Two Thousand Eight Hundred Fifty Six and 96/100 Dollars ($332,856.96), with interest thereon, according to the terms of a promissory note of even date herewith, payable to Beneficiary or order and made by Grantor (the "Note") which term shall include all renewals, modifications or extensions thereof, (b) Payment of all expenditures made by Beneficiary or Trustee in preserving or protecting the Property or as a consequence of any default under this Deed of Trust or any other Loan Document (as hereinafter defined); and (e) Performance of each agreement, term and condition set forth or incorporated by reference in the Loan Documents unless performance of such agreement, term or condition is specifically provided to not be secured by this Deed of Trust. The term "Loam Documents" shall rnean this Deed of Trust, the Note, and any other document relating to the loan which is evidenced by the Note (the "Loan"). The above notwithstanding, this Deed of Trust does not secure the following: (i) any guaranty entered into in connection with the Loan; (ii) The Hazardous- Substance Warranty and Indemnity Agreement ("Environmental Indelnn") entered into in connection with the Loan; or (iii) any provision of any Joan Document that would be considered the "substantial equivalent" of the Environmental Indemnity for purposes of RCW Ch. 61.24. COVENANTS: Grantor covenants and agrees as follows: 1. To keep the Property in good condition and repair; to permit no waste of the Property; to complete any building, structure, or improvement being built or about to be built on the Property; to restore promptly any building, structure, or improvement on the Property which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions, and restrictions affecting the Property. 16-700043 467 Order: 500D44221 Page 3 of 10 Requested By: jefine. Printed: 7/2/2016 1.07 PM Exhibit 2 Attachmel Packet Pg. 110 2.1.a 2. To pay before delinquent all lawful taxes and assessments upon the Property; to keep the Property free and clear of all other charges, liens, or encumbrances impairing the security of this Deed of Trust; 3. To keep all buildings now or hereafter erected on the Property continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor(s). The amount collected under any insurance policy may be applied upon any indebtedness secured by this Deed of Trust in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all rights of the Grantor(s) in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and atWmey's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust. 5. To pay all costs, fees, and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured by this Deed of Trust and Trustee's and attorney's fees actually incurred, as provided by statute, 6. That; in the event Grantor(s) fails to pay when due any taxes, assessments, insurance premiums, liens, encumbrances, or other charges against the Property, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the Note, shall be added to and become a part of the debt secured in this Deed of Trust. 7, it shall be an Event of Default under this Deed of Trust if: (i) the Property or any interest therein is sold or transferred; (H) the Property is further encumbered (other than pursuant to this Deed of Trust); or (W) if Grantor is not a natural person, more than a 25% interest in Grantor is sold or transferred, or any interest in Grantor is encumbered, or the day to day operation and control of Grantor changes in any material respect. 8. In the event any portion of the Property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured by this Deed of Trust shall be paid to Beneficiary to be applied to said obligation. 9. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 16-700043 467 Order:500044221 Page 4 of 10 Requested By: Jcllne, Printed: 712f2016 1:07 PM Exhibit 2 Attachiriel Packet Pg. 111 2.1.a 10. The Trustee shall reconvey all or any part of the Property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor(s) and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 11. Upon default by Grantor(s) in the paymant of any indebtedness secured by this Deed of Trust or in the performance of any agreement contained in this Deed of Trust. or upon the occurrence of any other default under the Note or any other Loan Document (each, an "Event of Default") all sums secured by this Deed of Trust shall immediately become due and payable in full at the option of the Beneficiary. in addition, Beneficiary may exercise the following remedies in addition to all other remedies permitted by applicable law: (i) foreclose this Deed of Trust judicially, in the same manner as a mortgage; (ii) cause Trustee to sell the Property pursuant to the Trustee's power of sale and the provisions of the Washington Deed of Trust Act, RCW Ch. 61,24, as now existing or hereafter amended; (iii) sue on the Note or any guarants in accordance with applicable law; and (iv) to the extent permitted by law, seek a deficiency against Grantor or any guarantors following either a judicial foreclosure or a non ;judicial foreclosure pursuant to the exercise of the Trustee's power of sale. 12, The procedure for exercise of the Trustee's power of sale shall be as follows: Upon written request therefor by Beneficiary specifying the nature of the default, or the nature of the several defaults, and the amount or amounts due and owing, Trustee shall execute a written notice of breach and of its election to cause the Property to be sold to satisfy the obligation secured hereby, and shall cause such notice to be recorded and otherwise given according to law. Notice of sale having been given as then required by law and not less than the time then required by law having elapsed after recordation of such notice of breach, Trustee, without demand on Grantor, shall sell the Property at the time and place of sale specified in the notice, as provided by statute, either as a whole or in separate parcels and in such order as it may detennine, at public auction to the highest and best bidder for cash in lawful money of the United States, payable at time of sale. Grantor agrees that such a sale (or a sheriffs sale pursuant to judicial foreclosure) of all the Property as real estate constitutes a commercially reasonable disposition thereof, but that with respect to all or any part of the Property which may be personal property Trustee shall have and exercise, at Beneficiary's sole election, all the rights and remedies of a secured party under the Unifonn Commercial Code as adopted and amended by the State of Washington (the "UCC"). Whenever notice is permitted or required hereunder or under the UCC, ten (10) days shall be deemed reasonable. Trustee may postpone sale of all or any portion of the Property, and from time to time thereafter may postpone such sale. as provided by statute. Trustee shall deliver to the purchaser its deed and bill of sale conveying the Property so sold, but without any covenant or warranty, express or implied. The recital in such deed and bill of sale of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person other than Trustee, including Grantor or Beneficiary, may purchase at such sale. After deducting all cysts, 16-700041467 Order: 500044221 Page 5 of 10 Requested By: jcline, Printed: 7121201E 1:07 PM Exhibit 2 Attachmel Packet Pg. 112 2.1.a fees and expenses of Trustee and of this trust, including the cost of evidence of title search and reasonable counsel foes in connection with sale, Trustee shall apply the proceeds of sale to payment of; all sums expended under the terms hereof not then repaid, with accrued interest at the Default Rate of interest specified in the Note; all other sums then secured hereby; and the remainder. if any, to the clerk of the superior court of the county in which the sale took place, as provided in RCW 61.24.080. 13. The foreclosure of this Deed of Trust or sale by Trustee of the Property through the exercise of its power of sale granted hereunder shall not preclude or impair any action to collect or enforce any obligation of Grantor or any guarantor or other party liable for any of the obligations secured by this Deed of Trust, or the substantial equivalent of such obligation, which obligation is not secured by this Deed of Trust including, without limitation, the obligations of Grantor and the otlier signatories under the Environmental Indemnity and the obligations of each such guarantor under its guaranty. All of such obligations (and all substantial equivalents of such obligations) shall constitute separate recourse obligations of Grantor and each such guarantor or other party and shall not be deemed to be evidenced by the Note or secured by this Deed of Trust. 14. In the event of the absence, death, incapacity, disability, or resignation of Trustee, or at the discretion of the Beneficiary, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of an action or proceeding in which Grantor(s), Trustee, or Beneficiary shall be a party. 15. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on his/her/their heirs, devisees, legatees, administrators, executors, and assigns. The term. Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. 16, This Deed of Trust shall be deemed a security agreement and a fixture filing, as defined in the UCC. The remedies for any violation of the covenants, terms and conditions of the agreements contained herein shall be as prescribed (i) herein, or (ii) by general law, or (iii) by the specific statutory consequences now or hereafter enacted, and specified in the UCC, all at Beneficiary's sole election. Grantor and Beneficiary agree that the filing of any financing statement in the records normally having to do %r th personal property shall not be construed as impairing the hereby stated intention of the parties that everything used in connection with the construction, management, maintenance and production of income from the Property together with all other rights and property described herein and comprising the secured property shall at all times and 16-700043.467 Order:500044221 Page 6 of fo Requested By: jOine, Printed: 71212010 1:07 PM Exhibit 2 Attachmel Packet Pg. 113 2.1.a for all purposes in all proceedings, both legal and equitable, be regarded as part of the Property, whether physically attached or specifically identified or not. 17. As further security for the payment of all indebtedness and performance of all obligations secured hereby, Grantor irrevocably and absolutely Assigns to Beneficiary, the Rents, issues, profits and proceeds of contracts of the Property, together with all future Leases, profits and contracts, and any and all extensions, renewals and replacements hereof. However, as long as no default shall exist in any obligation secured hereby, Grantor may collect assigned Rents and profits as the same shall fall due. All Rents or profits receivable from or in respect to the Property which Grantor shall be permitted to collect hereunder shall be received by it in trust to pay the usual and reasonable operating expenses of, and the taxes upon, the Property and the payment of all sums secured hereby. Upon the occurrence of any default in payment of any indebtedness or performance of any obligation secured hereby, all rights of the Grantor to collect and receive Rents and profits shall wholly and immediately terminate without notice, and Beneficiary shall thereafter have the absolute right to all such Rents and profits. In addition to, and not in limitation of the foregoing, Beneficiary shall have the right to petition the Court of appropriate jurisdiction for the appointment of a Receiver of the Rents, issues and profits of the Property and shall have in addition to the rights and powers customarily given to and exercised by such receiver, the right to enter upon and take possession of the Property and manage the same with all rights and options in regard thereto available to Grantor. Grantor expressly waives the posting of bond by such receiver, and waives any challenge to a proposed receiver based on affiliation with Beneficiary. 18. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of Washington. 19. Grantor shall reimburse Trustee and Beneficiary, on demand, for all costs and expenses incurred in enforcing or interpreting their rights and remedies under this Deed of Trust including attorneys fees whether or not suit is brought, in both trial and appellate courts, and in any bankruptcy or reorganization proceeding. All sums owing under this Section shall eonstitutc a portion of the indebtedness secured by this Deed of Trust and shall bear interest at the rate applicable under the Note. ORAL AGREEMENTS OR ORAL COMULTMENTS TO LOAN MONEY TEND CREDIT OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT &H NOT ENFORCEABLE UNDER WASMGTON LAW DATER as of the day and year first above written. 16-70004-3 467 Order: 500044221 Page 7 o110 Requested By: jcline, Printed: 712120161:07 PM Exhibit 2 Attachmel Packet Pg. 114 2.1.a GRANTOR: STATE OF WASHINGTON ss. COUNTY OF i GRANTOR: � WASE — I certify that 1 know or have satisfactory evidence that Boris Bragin is the person who appeared before me, and acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated: 12-10 Z 2,015 (SIPeawrr: orNmaq� Notary Pubjio State o1 Washington (L pbiy pnnt nr Stamp Vane aPNntnry) NATALIE ANN F WISEMAN My Appointment Expires Jul 31), 2018 Notary public hi and for the State of Washington, residing at Qk'f-L� My appointment expires 16-70UD43 467 Order: 500044221 Page a of 10 Requested By: jc ine, Printed: 7l212016 1:07 PM Exhibit 2 Attachmel Packet Pg. 115 2.1.a STATE OF WASHINGTON ss. COUNTY OFF I certif3, that 1 know or have satisfactory evidence that Elena Durgin is the person who appeared before me, and acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated: mplsum ofilowy) IV Notary Public d� n f w i State of Washington NATALIE ANN F WISEMAN (l.opiblyPnnl or Stamp Name offt-y) My Appointment Expires Jul 30, 2019 Notary public in and for the State of Washington, residing at L,0,t fftt- _ My appointment expires 2-f c % z-1 iir 9 1 &700043,467 Order:500044221 Page 9 of 10 Requested By: }cline, Printed: 71212016 1:07 PM Exhibit 2 Attachmel Packet Pg. 116 2.1.a ENMAIT A REAL PROPERTY IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS; SEC 31 TWP 27 RNG 4 QTR SW HANBURYS SOUND VIEW TRS 13LK 020 DOO TH PTN OF LOTS 4 & 5 BLK 20 EXC N 166.50FT AS MEAS ALG E LN OF W 190.92FT AS MEAS ALG N LN TGW TH PTN OF VAC ST WH WOULD ATTACH BYOPERATION OF LAW PER BLA 15092 REC AF 9208210046 & CORR PER AP 9209030553 & 93031905I5 DAF COM AT SE COR OF TH ABOVE DESC TR OF LAND BEING TH TPOB TH N00 15 OOW ALG E LN THOF A DIST OF 85.50FT THS89 45 OOW A DIST OF 20.00FT TO A PT ON A CRV TH ALG A CRV TO L CTR WH BEARS S89 45 OOW A DIST OF 20FT THRU A CIA OF 90 00 00 & HAVING AN ARC LENGTH OF 31.42FT TH NOO 15 OOW A DIST OF 8FT TO A PT 2OFT SLY OF NLY LN OF ADOV E DESC TR TH S89 45 OOW PLT SD N LN A DIST OF 58 54FT TH SOO 15 OOE A DIST OF 113.50FT TO S LN OF ABOVE DESC TR TH N89 45 OOE ALG SD S LN A DIST OF 98.54FT TO TPOB PER SWD200710310959 TAX PARCEL NUMBER: 00463302000400 Commonly known as: 9114 240TH ST SW, EDMONDS, WA 98026-9022 10 16-700043 467 Order; 500044221 Page 10 of 10 Requested By: jeline, Printed; 717J201 B 1:07 PM Exhibit 2 AttachmeIl Packet Pg. 117 2.1.a • � ,�� + �$�Receive� �� AFE3DAVIT OF LOUIDARY LxNw A)aUSTI+IENT UNDER CHAPTER 29 5CC A� ED FTLE WO �►�� STAT.r. OF WASHINGT01d) 20NING, ] s AM041992 Related short Flat No. (if COUNTY of SNOH014iSFl) pro CUSl4'1'l JZ applicable) COMMUNIf § UeVELOPMEN7 Sec. 31 ^-rVp•27Rge• A N,W..E OF PROPERTY OWNER (s) :_Mary la-1 ADDRESS: 911-4 - 2QQhSt. Related Tax Account :110..: Fiirnnndc_ lta 9An7n 4633 - 020 - 0:34 - dF41t ' TELE: NO: W) — f NAME 0P PROPERTY 01r'NER(s) UaI3, nvrnTM - v Related Tar. Account •No ADDRESS- 9114 .- 24QLlt. St, S.W. � . Edmonds, 1A 98020 4633 - - TELE. NO. (0 (9) 77 6-3962 - CONTACT PERSON: (if. different than owners):reR.r t r' ADDRESS_ 13000 Hwy 99 So., Everett, 1%Ti 98204 TOLE: NO: (H1 [204) 356-2700 Method of Sewage Disposal: (E) tvrrnsst: 8e:stic 5vst - carrt�oaade�oc�taA.cfcccFpca a�saree�vs�n1�teo�var�rnn�r�yeaaar Ftt (HOT AN INSTRUMENT TO COa.1 eEY NOR OF COIiVEY7+ 1. Clirrent Qwherghi The undersigned are the respective w of� following described, parcels of property lying adjaeen a r: a. Parcel No:l (conveyor): See nttnci, 0 1 rA constituting approximately acres or 32.4n0 aqu net. b. Parcel No. 2 (receiver): See attachr-s leoal descritition: aFAT ntab•••«-oly" Lot No - 5 l A r n+��'s :- sewer. T•. '•icy;; ;1 iu - . constituting approximately acres or 39,77G squ _ et. 2, p.Apak d Convey ram. The undersigned are considering the transfer of ownership of the following portion of the above described conveyor's ownership to the receiver: g Mve a ce 1 - tot 4 to Parcel "9" Con voyance No 2 - Lot 5 to Parcel "A" constituting approximately acres or ArZ=jL ani square feet. (For additional conveyances, attach separate sheet)-VOL, 2612PAGE 1413 9's -c67 A - Exhibit 2 Attachmel Packet Pg. 118 2.1.a 3. oar nd u ,lt ft is the intent oflr lcr.9iggned that the proposed conveyance would constitute a boundary amine adjustnont.., Accordingly, it is represented and understood by -the undersigned ttiaj:- a, "'The psoposed'conveyanee would not dctrimentally affect access to the above parcels; b. No new .lot would be. created by the: proposed conveyance, but rather the conveyed property together Kith the reeeiver's existiiicl ownership, desctibed.0h the preceding page:vould constitute a sinrle lot and be described as follows, c esc14ptjons Per ix+th_lots._ nukel -A!' - 32,4614 rarcol ' ." - 3' 71500 con.stitutin4 aFProxima.tely acres or _ square feet. C. The conveyor's ownership after the proposed` conveyance wauld.not be reduced in time.bel.aw the minimum recuired square footage. nor would it: violate other Zoning Code req ir6m.ents. The. conveyor's ownership i4ould now be described as. follows; See Attach lc&l descriptions. constituting approximately PAT3=11 "A" - 32,4G1 Sri. Et, YAICI "a" = w 391.715-sa, ft. acres, of square feet. t N INSTftD. .%T$ To NVEY NOR OP CON .Y?il,10Et. Conveyor: -&n e � ignat Date r Primed] 5D8 8iwp S JP to before me this day ofLP 7 Notary Public in :and Par t1he 5 atelof OF WAS� Washington, residing at i r F J Receiver: Ag . .3 Signatut Date �""Arnots -► — , —, a �y��p�° = to before. me this.�� day aE A[ '441. f. -- g°f;�a Not Public in and #o he hate of .N'• L Washington, residing at.y ' r WAS�'�� kcaC�irrsiaa3.b.ctrorrrrsorCerraa.¢ri,ar..irr.....l.,Crr..r.......... r..Fo.rms ETERY. HATTON , On the basis of the. representations hereby isubnittedr I conclude that the proposed boun.6ary line adjustment is. approved under the provisions of Chapter 29, Snohdmjth Cou y ode. Nam . Ds. t e R fa_mbla ems& VOL. 2 6 2'2 PnE 1 4' A Exhibit 2 Attachmel Packet Pg. 119 2.1.a .4 rn • ry EMWi RY LT1J% MAP SW I/4; T,?T N; R. 4E I 240 7V Sr 5W " 1 \9 O li rn1l; (41% fn# f4:l'Id3CI rr A !'11:1 J1 1111LY:y. Pt, Il1 911 is A+iC Ip:m 2d $I iI5 LI:.. uY:CNf lilt i MIL) ill i.I•tiYW110C 1;17U ]111::slClrr 1-TAT CM TI Vi CAM', ;! 1I fL11190u 1OCT5TIT1n:I AIIL' 111'1�ML�i IL1ri: Auu AIIC OUT 411;afVl1:11 uY A 171:lJ1 �ililiVl:r. J! rig ITIIL•IUCI]'l rjll calf Ii ut: FL%u I am 1'LJJIIIIIA! I.111JYY•1:6 CLLy Alifl v. I`itpht Cu U! ACCvlUf NCr VIV Q.C.C. 1W.J6.0 o IFJ'. L 07-T COR+Y� w VCE le`9 4 jg� or�tl hi s tors(�Nce, xa� 3.9,.77Gr� AJP A OF'COaIYE A:c/CE farSTO Cal' :f % 15 3191or OTS AFTEiC CpVVF AVCE for'A' ge,46/ 1 cat 10, i- 7i5 S j I hereby certify that this Boundary Line h . •cadent Map complies vith the chnditSnazs as set fartln i�thaAudivar hamish cflultity Boundary Lino Adjustment Code, Title 20-A, aavad rhis daY Of 19 _, r.udjact to recording nohomish rounty and under .tha conditions slit th in ,1 *aerlaration of Short Suhdivis nn. y s,-- []ircatar of Pl _nrj � WZFTrn)4 sunVCYORS•, INC. SOD No. 1.10Do 1[i9hu6y 9S Smith, Fvcrrtt, WA 40204 WRIP Phones.:. 70-5500 or 356 -2700 Yor. 2 612 PHE Exhibit 2 Attachmel Packet Pg. 120 2.1.a _RCnL. brsCR_IFTIC!d - MARY BRCblfS 1 l JOB NO. 92-063-A � JULY, 1992 L583 TOTAI,—PhRQF.L: LOTS 4 AND 5, BLOCX 20, HANBURY'S SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUMF 7 OF PLATS, PAGE 20, IN SNOHOMISH COUNTY, WASHINGTONI TOGETHER WITH THAT PORTION OF VACATED STREET WHICH WOULD ATTACH BY OPERATION 7F LAW. SUBJECT TO ALL EAS£MFNTS, RESTRICTIONS AND RESERVATIONS, SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. PAUZL TO Dr NV VED THE WEST 08.00 FEET, OF THE IMItTil 1PO.D0 PEET, OF LOT 4, BLOCK 20, HANBURY'S SOUND VIEW TRACTS, ACCORDING TO THE PLAT 'THEREOF RECORDED IN VOLUME 7 OV PLATS, PACE 20, IN SNOHOMISH COUNTY, WAS1{INGTON. SU)3,T£CT TO ALL BASEMENTS, RESTRICTIONS AND RESERVATIONS. SIT.UATc, IN THE COUNTY OF SNOHOMISH, STATE DF WASHINGTON. PARCEL To gE COI'ly�Y-E4, r 9 TO "A"_ LOT 5, BLOCK 20, HANBURYIS SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 20, IN SNOHOMISH COUNTY, WASHINGTON, EXCEPT THE NORTH 180.00 FEET THEREOF. TOGETHER WITH THAT PORTION OF VACATED STREET WHICH WOULD ATTACH BY OPERATION OF LAW. SUATECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LIGALWA3 92.083-A 080392 LIT PAGE I Of 2 YOL. 2 612 Phu 14 i G Exhibit 2 Attachmel Packet Pg. 121 2.1.a 0 .70B '10, 92-063-A JULY, 1992 L583 LOTS 4 AND S, K40K 20, HANSURYS SOUND VIEW TRACTS, ACCORDING To THE PZAT THtPEOV RECORDED IN VOLU" 7 OF PLATS, PACE 20, RECORDS OF THE AUDITOR OF THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. TOGRTHER WITH 30.00 FEET VACATED STREET ADJACENT TO SAID LOT 5 ON, THE WPST SIDE THEREOF. EXCEPT THE NORTH 180.00 FEET OF TOE WEST 190,72 FEET AS MEASURED• ALONG THE WEST LINE AND NORTH L?N$ RESPECTIVELY. SUBaECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGT027. DP rRT O7 11u ^ MABROORS JOB NO. 92-063-A DULY, 1992 LS87 THE NORTH 7-80.03 FEXT OF THE. WEST 190.72 FEET AS MEASURED ALONG THE WEST LINE AND THE HORTIE LINE RESPECTIVELY' OF LOTS 4 AND 5, BLOCK 20, HANBURYS SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS,: PAGE ZO, RECORDS OF THE AUDITOR OF THE. COUNTY OF SNORDMISH, STATE OF WASHINGTON. TOGETHER WITH 30.00 FEET VACATED STREET AD,7ACENT TO SAID LOT.5 ON THE WEST SIDE THEREOF. SUEJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON, LEGALU013 92-00-A 030392 Lsr FALE 2 0i 2 Exhibit 2 Attachmel Packet Pg. 122 2.1.a i Y� •J� V "�' DUPLEX nxSM06URr YORH s� AQG 0 4 1992 Addendum A ��t°, 5 v 9 2 Plc C(}UNTrit to CQMf�4UNITY 01-VELOPMENT FIDAVIT OF BOUNDARY LINE AD-TUSTME14T 1. CONVEY011. The undersigned owner certifies that a duplex: may (Check one ]Dox) %-� will 'not be constructed on Parcel 210. 1. I further am aware and understand the provisions of section 20_050, Srlahou,ish Cbunty Code`,.re— garding the failures to disclose at this time an intention to.de— Velop duplexes. // ` I Conveyor: ��• ��-�''3 �"r signature bat /; MAry Brooks (Typed or Printed) lip SUB'.3C%Lb Cis ZI3 5W0R1t to me this day of , 19 NOtary Public in and fb- the �tat of Q` WASHY Washington, residing at'i.[ 4 ,j + L 1. RECEIVIR. The undersigned owner certifies that a duplex: .LBr may (check one box) Cj will not be constructed on Parcel tic. 2. x further am aware and understand the provisions of,Section Section 21,20.070; Snohomish county Code, regarding the failure to disclose at this time an intention to develop duplex es. n R2eeiver•.' >3 PI S{.gn uze k•)axv 1}roo?cs (Typed or Printed)' ,� rf. day of l � �� , 19 7A SWORN to me this _ ff-EL �p1ARr" L I� 4 ]latary Public in and for ahhState Washington, residing at AJ + �'�xE'' • Z.Y. �� OFIN VOL. 2612PAOE 141 Exhibit 2 Attachmel Packet Pg. 123 2.1.a 0 -7 Y�I)n} C- LL { Iillcv 9so !/ NOTICE OF CORRECTION OF 8000OARY LINE ADJUSIMENT The attached hereby corrects the B.L.A. ran, legals, calculations. of boundary. Line Adjustment No. 150-92 , as recorded onlwW5t 21 19 92, in Volume 2612 on page(,} 141.3 , Retards of ' Snohomish County, liashington. pared thi `Z day of _, l9 lGrn ar �, ?rooks Grantor v Gr t Granter m L _ P, y-7I Scate of Washington) LING County of Snohomish)) ss. f� on this d)y personally appeared before re —,E&eOD %C S .to Pla CQ bu .hu individual described in and xhe errecute4 the within and forsguing in-Lruurbnt and ocknouleCUoS to me that si9nLo the salrir as %�P free and voluntary act and dean for the purposes therein nwntianed. Given under my hand end official seal this _�_ day of Lsi� r rr r RYPUOLtC in and for 1!e scat,, 11a in9ton, residinTq _in Approved this lg± day of 6e,r 199_2—by Snohomish County FlanaiveDepartment. { reclann ny Y_DL. 2 8?Aa 20 2 5 yz--VA-X Exhibit 2 Attachmel Packet Pg. 124 2.1.a FVISIaII SG✓ �f4, .sW %4,. SEC.:,31', 7-?7N, R..4E ?40 '7H ST SW I.Ih 7111% ujFs 11'Jf 1'u'1'1-5V A VIM" ItiA1?F, I'AIt1:L: ALA. Iu:y9=AN'L UY u:,u Ill�l'. rll,p AIN I'I IrL'uILLWICI: HI11I nlL: Jr017 PLAT L'Clffll'IL'An% ah IIUI LOIIIC LAXAT11Ul AW AI'14UlflhATL': ' ;41W AUR IAJf Vl.All'ICU UY A OULU Uirlil'r'Y. ]I 111f I)OMMA1'la WI _nU: 0"11 Is .. I V" I'V.m IIIIU- INIdy51:6 Lu94 Alj! IY I'I J:1'AI4:Lr 111 A:LuIulVCt r17il U.C',c, IY.I�,PI'J l�l. . Lars tk-"I a Co er/1 NCE ccrit JZdw0r COTSflv-S.,toi9j, Xn-#r AI?ER OF CCIM AA/CE lard ra cor R• is 4sz rats ra for ,r f i7, 15yo 41 edr3 .IAffC CalJrr AAICf. cor ��r • .�.a, ¢3e LGr ',0` 26, H RE. VISION I hereby certify tribt xhis 130updary Lino hd juctluant Kap caluprlicS wires tba conditions us sat torch in oa snOTio,si;h County Isaundary. Lin& Adjusthnen0 Cacti, Title 20-h, and is 4pjssavad Thic eay of 1g subject to recording with the Audicor ce Srlohosisrl rnun+ry and uf,dcr xha conditions 51�C inrth in .rha >hatcncned p�cauratian or chart Nn.H ca t� eo�1c7Y. da+ 7 ay: aixactar 0, WESTERN SURYUCTts, -INC,J09 NO. 3 � 17000 ltjgrlway 4o Snuth, rvir.tt, Wn 90204 HSiPLO I:honaa: 74:-5600 or 356=.3700 912 ®9 0+3®.5 51.' VOL, �i ti.FhGE 2 �u Exhibit 2 Attachmel Packet Pg. 125 2.1.a I , G D.SCR Y DEROKS JOB NO. 92-063-A JULY, 1992 L583 TOTAL PARCEL: IATS 4 AND 5, ELOCK.20, HANBURY'.S SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 20, IN SNOHOMISH COUNTY, WASHINGTONq TOGETHER WITH THAT PORTION OF VACATED STREET WHICH WOULD ATTACH BY OPERATION OF LAW: SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS: SITUATE IN THE COUNTY OF SNOHOMISH# STATE OF WASHINGTON. PARCRL TO PE CONVEYED WT 4 O " n" THE WEST 88.00 •FEET, OF THE NORTH 166.50 FEET, " MEASURED ALONG THE WEST LINE AND THE NORTH LINE RESPECTIVELY OF LOT 4, BLOCK 20, HANBURY'S SOUND VIEW TRACTS, ACCORDING TO THE PLAT THxREOi'RECORDED IN VOLUME 7 OF PLATS, PAGE 20, IN STTOITOPTSH COUNTY, WASHINGTON. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS, SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. PA CF.S, TO HE C(14VEYED TO ')A'?: .LOT 5, BLOCIC 20, HANBURY'S SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 20, IN SNOHOMISH COUNTY, WASHZNGTON. EXCEPT THE NORTH 166.50 FEET, AS MEASURED ALONG THE EAST LINE THEREOF. TOGETHER WITH THAT PORTION OF VACATED STREET OHICH WOULD ATTACH BY OPERATION OF I<1W, SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LE6AL%1513 02.063•A 080391 LST (REVISED 09DII21 KLL -g209030 5 7'L PAGE 1 OF 2 Vol_ 2618raE ` 20"7 Exhibit 2 Attachmel Packet Pg. 126 2.1.a .0- N UgAL_DESCRIPrION ++A" - MARY ARAORS JOB NO. 92-063-A JULY, 1992 L583 LOTS 4 AND 5, BLOCK 20, 14ANBURYS SOUND VIEW TRACTS, ACCORDING TO THE PLAT TITEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 20, RECORDS OF THE AUDITOR OF THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. EXCEPT THE NORTH 166.50 FEET, AS MEASURED ALONG THE EAST LINE, OF THE WEST 190.92 FEET'f AS MEASURED ALONG THE NORTH LINE. TOGETHER WITH 30.00 FEET VACATED STREET ADJACENT TO SAID LOT 5 ON THE WEST SIDE THEREOF. SOWECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS, SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHTNGTON. F.GAL DE TON UI3OP - MhBY BROOK. THE NORTH 166.50 FEET OF THE WEST 190.22 FEET AS MEASURED ALONG THE EAST LINE ANO THE NORTH LINE RESPECTIVELY OF LOTS 4 AND 5, BLOCK 20; HANBURYS SOUNO VIEW TRACTS, ACCORDING TO THE PLA'. THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 20, RECORDS OF THE AUDITOR OF -IXKB COUNTY OF SNOHOMISH, STATE OF WASHINGTON- TOGETHER WITH 30.00 FEET VACATED STREET ADJACENT TO SAID LOT 5 ON THE WEST SIDE TJIEREOF. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASEINGTON. LE01\063 92w063•A 080392 L51 (REVISED 090392) 11L PAGE Z OF 2 5k;I Exhibit 2 Attachmel Packet Pg. 127 x - -- SAY 114, SW 1A SEC..31! T.27N, R-4E W.M. LECEka 23671 ST SIN— + � _ n srr RAnlara sryrr d : ? . M SKr' L .'rd w>+!rl X srr C�rvr`e'•aUr rl�pry 1 ^� -• vrsh2'i ..: :.--._ � .F........--• - --• - - - -T _ 'T` _ -� r:..srir !hnr!•. + r M rssst!ri 2.38 TN ST SW ••_r iMR I�K4g �'rPMa^ H Nor riC v an l sE lrllro7-. fltrnTnnfrl ELK-. [� +7 . 1L 7•!' T/i�lq' •V.Mi�•!N �'Pe r!n' � � -• �cPi. s srr ye.rara�r [*�'ro7 •• no-c o.a mi.r r _ Q CLL'J-fO(rJ PI.K 2 .f Mt �. 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L•- �•.i. ter'_'_ 1°' 'l a _L t :1 ,. .. r _ _ _rem- _ - - n+.S�PaorWs ::A R' u- 1l aP tGrife t�s{ y«. ♦ ;00f2" nlr,r a+a: raar'GN ly VAo*Cn srACCr �reol lla.,a arsAod fn MD $i` Slur ., c �..�. � uA ,_.._.- — _ • �.r••_ _ _ _ - ! • eAV'A¢'f l'[ af�.ldre� .SI,6[C7 .E M-k S+SFnEx:'x REsfRler�l.s ANO lESFlrlµ rbr[: S5 ;�:t, ••S•Y'Kyy.�e-rlaW+�o nC,rr _ ____ . -- na r, x .�cr •cRre.-�' MA 77•f'A. YS rrv.a w ne crRax: r or arnKr.�e. sr.rc or ,,:wnecrw. i Ivuw7ro rw{s,! aoAR1 .AVLAC J 3 �..-. Irr csw. wnrrvx �r j t s .d• . - jj .rex�rAleal smq• ".tc mle�• r' a IH a 1 : • .� ~ *.�WLPrO.Ne +!_C41JNi1' 7.2N 4.4L _ _ N lrrNrrxf�+ey i!+><+ — _ '4 sT�r5�. '.-su�yls ,, y d Jr❑ •�Q� w �,S � �, Y�, f,Amp RFCORO OF SURVEY FOR: np n ] yi!r �a emr — , r^r 35 bDR700 EVA HUANG r • �dr�: eriJatiEefAr .. ne Yn YfAlry_ w AR-- !R-- r cwt rmveain ¢M V 742-5500 _ r '•.• AJRI'[T IlLmaplYC AlT Ar 1Mi: ar¢uEsr s f �r�r. L�7E SL1[E ]�.-f rIF]?- N JUTVCAIJ IUC .weL�I ,! J.3 LAND USE coxsucrrurrs lf3r a1l7j1e A." J1.07/lJ !'- .,AJ• au�+RZ�1Ui�rFlfA Iklw. AEIWEIR L LONG "O ^� ■'ss•43 OYU. ENOMEERS ! LAND SURVEYORS awnnur[.!. rNrIN pr w rrac CIlrfn. a raq rAr pA-I »�vw ,TL Attachment: APL20160001 Staff Report with Attachments (1623 : File NumbeAPL20160001 - Appeal of Denial Regarding Innocent Purchaser 2.1.a 199908300264 p.00U1 RECORDED Are Scountysh Na REXCISE OU RETAX AUG 3 0 1999 Return to after recardrn G9 � f�� ,G � t 2_ BOB DNNTINI, Whomah County7pourbt By E308 ❑ANTINI Grantor(s) Bernard D Hewev, Jr and'rern M Hewey, klusband and Wife 0 Grantee(s) Silver City Assoc , Inc, a Washington Corporation Legal Description: Lots 3, 4 and 5. Blk 20, Nansbury. Sound View Tracts Q3 Assessor's Property Tax Parcel/Account Number/s. 4633-020-004-00, 4633,020-001- "� 0202 SEWER EASEMENT AGREEAIEN 7 TI3iS AGREEMENT, made this _/ day of February 1999, betwccn l3emardy O Hewcv, Jr and'rerri,l`1 Hewev, Husband and Wife, owners of Lots 4 and 5, Block 20, Nansbury Sound View Tracts according to plat recorded in Volume 7 ufPlats, page(s) 20, records of Snohomish County Exccpt the North 766 50 feet, as measured along the Bast line, of the West 180 92 feet, as measured along the North line TOGETHER WITH 30 00 feet vacated street adjacent to said Lot 5 on the West side thereof (ALSO KNOWN AS Lot "A" of' Boundary Line Adjustment #BLA 150-92 recorded under Snohomish County Recording Number 9206210046 and amended under Snohoinish County Recording Number 9209030553), and Silver City Assoc, Inc, it Washington Corporation, owner of Lot 3, Block 20, Hansbury Sound View'I'mcls; as per Plat recorded in Volume 7 of Plats, page 20, inclusive, records of Snohomish County; WA SITUATED IN THE COUNTY OF SNO1IOMISII; State of Washington WITNESSETH That for and in consideration of, the mutual covenants herein expressed, it is hereby agreed .between the above parties that 1st —There shall be an easement along the North ten feet of the South 133 5' of Gois 4 and 5. of Blk 20 of 1-lansbury Sound View'fracts Together with the North I0"of that portion of vacated street, by operation of law per BLA 150-92 Rec AF 9209210046 + corr per A.F 9209030553, which would attach to the following described property Page I of 3 Exhibit 2 Attachmel Packet Pg. 129 2.1.a Legal. Description 111,K 020 D-W - LOTS 4 & 5 BLK 20 EXC N 166 50Ft' AS ME -AS ALG E LN OF W 190 92TT AS MEAS ALG N LN TOW TK PTN OF VAC ST WH WOULD ATTACH BY OPERATION (IF LAW PER ALA l 50.92 REC AF 920821004E & CORR PER AF 9209030553 2nd - The cost of maintenance, repair of reconstruction of utilities shall be borne solely by the Grantee (OK when necessaryto construct, clean or reconstruct the sewer, the parses to this Agreement shall have a right of entry for that purpose) 3rd - This Agreement shall he a covenant runiung with the land and shall be binding upon all parties and their heirs and. assigns forever IN WITNESS WHEREOF we hereunto set our hands and seals the day and year first above written r STATE OF WASI UNGTON ss Countyuf�lad& 5-,r,/ } I hereby certify that.[ know or have satufLoory evidence that the person appearing before me and making this acknowledgment is the persons) whose true signature appears on this document On t is day personally appeared belbre me ff"Ark.2 —Z�L�z _ . and s to me known to he the person(s) described herein and who executed the orngoing instrument, and acknowledged that they signed the sanic'as their free and voluntary aet ands d�r-jjte uses and purposes therein mentioned. , a rrra Fob W, 1999 GIVEN under my hand and official seal tlirsZ__.a;WZ2-,6 x .+ �tZa�lar iA and for the St a of WCri1�1 �ti`,. .� 4tm-4 . , iort rxptres �� f % mom«,.. (Type or print natzio) Page 2 of 3 199908300264 Exhibit 2 Attachmel Packet Pg. 130 2.1.a Silvi r City Construction, lne H James Schwartz, Preside t STATE OF WASHINGTON ) ss COUN•rY ol�i/o.�!�rrsfi� ) T certify Ihut i know or have sattsracinry e4xdence that the pr:rson(s) appeanns before me and making this acknowledgment are the person whose true signature(s) appw on this document On this 1p day of r,bruary, 1999, before m prrsonnlly appeared A �rY{%i.ES I me know to be the V' r i .s- rJ: _ of � :.r ✓A ez (1, rV ,WjS the corporation that executed the within and foregoing tnslrucilent and acknowledged the aid instrument to be the free and voluntary act and deed of said corporation, for the uses attd purposes ftrem mentioned, and on oath:stated that (he/she) was authonzed to execute said instrument and that the seal affixed, if any, is the corporate seal ofsaid corporation SVA1 r W1TNP_SS my hand and ofiicta) seal Residing ar,-L� My commission expires Exhibit 2 Attachmel Packet Pg. 131 2.1.a N 9508 IOODWAY LEM. ELD c�acu Cn CD 9115 9323 rn 23529 F 9407 rn rn 9205 T SW / N � 23619 _ 9300 MADRONA TRACK SCHOOL BALL FIELD 3 0 � o 16' tiV e�1 LO 9117 9029 O1 238TI m Q 0 9 0 o n�4p J OQ M 9130 01 (Ma 9112 ev c 8i rn 8912 9y 8826 8828 9105 002 8923 d� 8801 PR 011 b4 s� /-i�j 8829 E881 8805 9125 9109 TPN 0046330 000402 9017 C'� 9019 "� Do 8815 Do 8809 24007 00 N 2 6 9022 N c 8806 24015 9014 w 24025 g226 24020 9 c Cl)8920 CD CD 00 00 ^ 8 24031 N N 114 9026 ^Cb o N N 8924 0 o 00 87061 24105 24104 24109 9109 9009 `?.. ^� 10 24104 24103 24115 N `- ?4>> Q�, ryZ&\\\ 241 U 24123 Cn N v-- C 24115 p� 9009 4116 24117 24118 24117 '4129 On °) rn Ar 9125 LO 9105 g 5 c 3 _ T- N 8923 24125 24126 J 24125 00 O 2 Inn J �- r 4� N N � N A� ii t 00 m P 4 V N N 911 M c 24214 00 24215 24216 24217 N �p`ti N N ocD rn9016 422 4223 eNr Ct N 9104 L 9102:,:4 2422824227 3�N 7 3 � •� h PLN20160026 U~ ° Innocent Purchaser Application Z d If: ' M oning cm icinity a Scale a 117c, i S91 Exhibit 2 1 inch = 300 feet Attachmel Packet Pg. 132 2.1.a FILE NO.: PLN20160026 Applicant: Bragin DECLARATION OF MAILING On the 25th day of July, 2016, the attached Notice of Application was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. The names of which were provided by the applicant. I, Denise Nelson, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 25th day of July, 2016, at Edmonds, Washington. Signed: {BFP747887.DOC;1\00006.900000\ } Exhibit 2 Attachmell Packet Pg. 133 2.1.a FILE NO.: PLN20160026 Applicant: Bragin DECLARATION OF POSTING On the 25th day of July, 2016, the attached Notice of Application was posted at the subject property, Civic Hall, Library and Public Safety buildings. I, Kernen Lien, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 25th day of June, 2016, at Edmonds, Washington. C, Signed: l {BFP747893.DOC;1\00006.900000\ } Exhibit 2 Attachmel Packet Pg. 134 2.1.a CITY OF EDMONDS NOTICE OF APPLICATION PLN20160026 '11 C. 18yv PROJECT DESCRIPTION: The property addressed as 9114 — 240th Street SW was created outside of the City of Edmonds subdivision process and thus is not considered a "lot of record" pursuant to Edmonds Community Development Code (ECDC) 21.55.015. The subject property was purchased at a foreclosure sale by the applicants. ECDC 20.75.180 allows for an innocent purchaser to achieve "lot of record" status for a property created outside of the subdivision process. In order to be determined an innocent purchaser and achieve "lot of record" status, the applicants must demonstrate compliance with the criteria detailed in ECDC 20.75.180.A. PROJECT LOCATION: 9114 — 240th Street SW, Edmonds, WA. Tax Parcel Number 00463302000400 NAME OF APPLICANT: Boris and Elena Bragin FILE NUMBER: PLN20160026 DATE OF APPLICATION: May 25, 2016 DATE OF COMPLETENESS: July 21, 2016 DATE OF PUBLIC NOTICE: July 25, 2016 REQUESTED PERMIT: Innocent Purchaser (Type II -A Permit Process) OTHER REQUIRED PERMITS: None EXISTING ENVIRONMENTAL DOCUMENTS: None COMMENTS ON PROPOSAL DUE: August 8, 2016 Any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.07.003 have standing to initiate an administrative appeal. Information on this development application can be viewed or obtained at the City of Edmonds Development Services Department, 121 51h Ave North, Edmonds, WA 98020 between the hours of 8:00 A.M. and 4:30 P.M. Monday, Tuesday, Thursday and Friday; between the hours of 8:30 AM and Noon on Wednesday; or online through the City's website at www.edmandswa.gov through the Online Permits link. Search for permit PLN20160026. CITY CONTACT: Kernen Lien, Senior Planner kernen.lien@edmondswa.gov 425-771-0220 Exhibit 2 Attachmel Packet Pg. 135 2.1.a MADRONA SCHOOL BALL FIELD C 3 N CN CD FN Q Q 24020 MA[i[oLI M Ln � O N N O O $2�azzom�� 9105 00 8923 9011 9015 9003 S i!, 9125 9109 9017 � 9019 240th St SW ub'ect Pro erty 902 9016 `�' M O 9014 5 00 0 024 m 9 12 (' N 00 O 00 114 9026 0 0 (n 00 .4109 9109 9009 `,-� 24115 m 9009 4116 `O 9105 9015 u) )125 CD 8923 242nd St SW Vicinity Map PLN20160026 Innocent Purchaser Application 9114 - 240th Street SW nc, t 8y1 Exhibit 2 a Scale Q 1 inch = 150 feet Attachme Packet Pg. 136 2.1.a Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Kathleen Landis being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH712537 PLN20160026 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 07/25/2016 and ending on 07/25/2016 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $77.40. �1 Subscribed and sworn before me on this day of (A OF f� Notary Public in and for the State of Washington. City of Edmonds -LEGAL ADS 114101416 KERNEN LIEN AUBREY KNAPP Notary Public State of Washington My Commission Expires July 30, 2018 Exhibit 2 Attachmel Packet Pg. 137 2.1.a 1 CITY OF EDMONDS NOTICE OF APPLICATION PLN20160026 PROJECT DESCRIPTION: The property addressed as 9114 - 240th Street SW was created outslda of the City of Edmonds subdlvialon process and thus Is not conslderad a'lot of record' sursuanl to Edmonds Community Development Code (ECDC) 1-6$.015. Tha subject ppr oAy, was purchased at a loracmaure sate by the applicants. ECC 20.76.180 allows (Of an Innocent purchaser to aBhleve'lot of record" statue for a property created outside of the subdivision process. In ardor to be delermfned an Innocent purohasar and achieve "lot of record- stptuB, the appilcania must demonstrate Compliance with the criteria delded in ECDC 20,75.160.A. PROJECT LOCATION: 0114.240pi Street SW, Edmonds, WA. Tax Perot Number 00463302000400 NAME OF APPLICANT: BONS and Elena Bragin FILE NUMBER: PLN20160026 DATE OF APPLICATION; May 26, 2010 OATS OF COMPLETENESS'. Jury 21. 2016 DATE OF PUBLIC NOTICE: July 25, 2015 REOUESTED PERMIT: InnocenlPurchasor {ryp0 fI•A Permit Process) OTHER REQUIRED PERMIT$: Havre EXISTING ENVIRONMENTAL DOCUMENTS: None COMME14TS ON PROPOSAL DUE: August S. 2016 Anyy person has Ina right to comment an this application during ppubffc Cemmani period, receive notice and parlicipale In any haarinas: and request a copy of the fI0VW0n on the appllcalion. The City may accapl public comments at any time prior to the closing of the record al an open record predecWon hearing, If any, or, It no open record predecislon hearing Is provided, prior to the decision on the project permit. On parties aPs record as duflned in ECDClnform�i1)7 o0 hla standing to ®ntfiaattplanallonn can by viapwed or oblafnod at the City of Edmonds Devellment Services Oaparimant, 121 5th Ave North, Edmonds, WA 8020 between the hours of a:00 A.M. and 4:30 P.M. Monday, Tuesday, Thursday and Friday; between the hours of 8:30 AM and Noon on Wednesday; or online through the City's Wabsile at www.admony2 through the Online Parrrvts link Search for permit PLN20I80026. CITY CONTACT: Koman Uen, Senior Planner kernen.iion Qedmondswa.gov, 425-771-0220 ubllshed: July 25, 2016. EDH71253 Exhibit 2 Attachinel Packet Pg. 138 2.1.a From: Chris Fitting To: Lien, Kernen Subject: File #PLN20160026 Innocent Purchaser - Application Comments Date: Monday, August 08, 2016 4:23:12 PM Hello Kernen. Below is a summary of the discussion we had over the phone last week. file Number PLN 20160026 Innocent Purchaser Application for property at 9114 240th Street SW The Survey commenced and submitted in 2007 regarding the property at 9114 240th St. Edmonds WA for the subdivision is not accurate. John Ryan sold the property to TriStar Homes (Principal, Patrick Crosby) with intention to subdivide the new parcel into two additional building lots. Their property boundaries were agreed to be outside the legal property during a prompt subsequently survey from an independent surveyor. The following is a written summary from February 11, 2008 of the meeting by our independent surveyor, the client (TriStar Homes) and their surveyor David West: ..."In Summary, in the meeting between David West, his clients and [our Surveyor] David West concurs with our methodology for surveying your property and concedes that his survey of the parcel to the east is inaccurate as they have encroached past the section line and therefore surveyed beyond the western boundary of their plat. In an effort to explain how the error was made we did a review of few other plats surrounding the east adjacent parcel and there is considerable differences in the original plat dimension verses the field measure distances. However, [our surveyor] did file a record of survey back in the early 90's which addressed the discrepancies is a matter of public record at Snohomish County. David West ... and the other parties have conceded to error and will be removing their survey stakes." The Access Agreement between JAC Consulting, LLC (Patrick Crosby, Member) and Boris and Elena Bragin filed on July 14, 2016 with the planning department under PLN20160026 uses the inaccurate survey in Exhibit 3. Attempts at subdividing the property into two additional lots as a result of the inaccurate survey were halted and abandoned. The client's / David West's survey was recognized to be inaccurate. Our concern is that this inaccuracy is continuing, may have been relied on and should be identified as so to not propagate a continuance of errors with regard to the property survey or legal descriptions or continuing requirements and standards as identified by the city of Edmonds, necessary to develop or subdivide the property. Exhibit 2 Attachmel Packet Pg. 139 2.1.a From: patrickcrosby(@frontier.com To: Lien. Kernen Subject: 9114 240th st sw Edmonds pin20160026 Date: Friday, July 29, 2016 10:18:31 AM Hello Kernen I received the letter from the City about the lot status of 9114 240th st sw I know we have talked a couple minutes before about this but I am trying to get more clarification on this. If this goes through , I will have 1 parcel that I could or could not develop depending on the requirements. I would be ok with not sub dividing if I could get lessor requirements and just leave it as single and apply for a building permit with special conditions, Is that possible or would I have to do a short plat either way. Thanks for your help. Patrick Crosby Exhibit 2 Attachmel Packet Pg. 140 2.1.a CITY OF EDMONDS - PLANNING DIVISION COMMENT FORM ❑ PW-Engineering ❑ Fire ❑ PW - Maintenance ❑ Parks & Rec. ❑ Building ❑ Economic Dev. Project Number: PLN201600026 Applicant's Name: BORIS & ELENA BRAGIN Property Location: 9114 240TH ST SW ❑ Parks Maintenance Date of Application: 05.25.16 Date Form Routed: 05.27.1.6 Zoning:RS-8 Project Description: INNOCENT PURCHASER - LEGAL LOT "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 6/15/2016 If you have any questions or need clarification on this project, please contact: Responsible Staff:—KERN.EN. LIEN Ext. 1223 Name of Individual Submitting Comments:` Title: bld �L have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. ❑ I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): Date: Signature: Phone/E-mail: Exhibit 2 Attachmel Packet Pg. 141 2.1.a Date: To: From: Subject: MEMORANDUM September 1, 2016 Kernen Lien, Senior Planner Jeanie McConnell, Engineering Program Manager PLN20160026, Bragin — Innocent Purchaser — Legal Lot 9114 240th St SW Engineering has reviewed the innocent purchaser application for the Bragin property at 9114 240th St SW. As stated in Edmonds Community Development Code 20.75.180, the innocent purchaser status may be approved subject to conditions of approval requiring the applicant to make improvements to the property that would likely have been required by the city had the property been properly subdivided, unless it is determined that such improvements have already been constructed. The property seeking innocent purchaser status is identified by the red dot in the aerial photo below. As shown, the subject property would not have direct access to the public street within the parcel. Should the innocent purchaser status be granted, an access easement would need to be provided across the adjacent parcel. City of Edmonds Exhibit 2 Attachmell Packet Pg. 142 2.1.a Water and sewer utilities are provided through the Olympic View Water and Sewer District. As indicated in the map below, the nearest utility connections for the subject property are to the west of the property. Should innocent purchaser status be granted, utility easements will need to be provided across the adajcent parcel. • • • • • • • i 4 z • 190 • • • • •- ► •-- -iAl • • • • • 9=114r 9046 • • ■ • • • • • • • • • 4)109' • • • • • 109, • oftromm" ■ • s Thank you. Exhibit 2 Attachmell Packet Pg. 143 8/25/2016 Property Sum m ary 2.1.a SnohomishOnline Government Information & Servicas County Washington Printable Version Home Other Property Data Hell Property Search > Search Results > Property Summary Property Account Summary Parcel Number 100463302000400 1 Property Address 19114 240TH ST SW , EDMONDS, WA 98026-9022 Parties - For changes use 'Other Property Data' menu Role Percent Name IMalling Address Taxpayer 100 BRAGIN BORIS 15413 MERIDIAN AVE N UNIT C, SEATTLE, WA 98103 Owner 100 BRAGIN BORIS 15413 MERIDIAN AVE N UNIT C. SEATTLE, WA 98103 General Information SEC 31 TWP 27 RNG 4 QTR SW - HANBURYS SOUND VIEW TRS BLK 020 D-00 - TH PTN OF LOTS 4 & 5 BLK 20 EXC N 166.50FT AS MEAS ALG E LN OF W 190.92FT AS MEAS ALG N LN TGW TH PTN OF VAC ST WH WOULD ATTACH BYOPERATION OF LAW PER BLA 150-92 REC AF Property 9208210046 & CORR PER AF 9209030553 & 9303190515 - DAF COM AT SE COR OF TH ABOVE DESC TR OF LAND BEING TH TPOB TH N00 15 Description OOW ALG E LN THOF A DIST OF 85.5OFT THS89 45 OOW A DIST OF 20.00FT TO A PT ON A CRV TH ALG A CRV TO L CTR WH BEARS S89 45 OOW A DIST OF 20FT THRU A C/A OF 90 00 00 & HAVING AN ARC LENGTH OF 31.42FT TH NOO 15 OOW A DIST OF 8FT TO A PT 20FT SLY OF NLY LN OF ABOVE DESC TR TH S89 45 OOW PLT SO N LN A DIST OF 58 54FT TH SOO 15 OOE A DIST OF 113.50FT TO S LN OF ABOVE DESC TR TH N89 45 OOE ALG SD S LN A DIST OF 98.54FT TO TPOB PER SWD200710310959 Property Land and Improvements Category Status Active, Locally Assessed Tax Code 00227 Area Property Characteristics Use Code 1111 Single Family Residence - Detached Unit of Measure Acre(s) Size (gross) 10.24 Related Properties No Values Found dive Exemptions No Exemptions Found Interest and Penalty are due if paying after due date since web is available regardless of holidays or weekends. eCheck and Credit Card payments require interest and penalty after due dates. If unable to make payment by due date because of site maintenance; payment must be postmarked by the next business day per RCW 1.12.070. If you wish to pay taxes online, select an option and click "Add To Payment List". If property is in "Foreclosure" - call 425.388.3606 for current total. If Special Assessments (not Surface Water, Soil, Forest Fire) - call 425.388.3750 for payoff totals. Make Check/Money Order to "Snohomish County Treasurer". Send to Snohomish County Treasurer, 3000 Rockefeller Ave, M/S 501, Everett, WA 98201 Installments Payable Tax Year jInstallment IDue Date Principall Interest, Penalties and Costsl Total Duel Cumulative Duel Select to Pay 2016 11 04/30/2016 1,651.691 231.251 1,882.941 1,882.94 .� 2016 2 10/31/2016 1,651.691 0.001 1,651.691 3,534.631 O Add To Payment List View Detailed Statement Detailed information about taxes and all other charges displayed above. Calculate Future Pavoff Taxes, interest and penalty due on a specific future date. Statement of Payable/Paid For Tax Year: 2016 Distribution of Current Taxes District Rate Amount CITY OF EDMONDS 0.14 44.09 CITY OF EDMONDS 1.87 599.87 EDMONDS SCHOOL DISTRICT NO 15 4.67 1,500.11 PUB HOSP #2 SNO-ISLE INTERCOUNTY RURAL LIBRARY SNOHOMISH COUNTY-CNT STATE SNOHOMISH CONSERVATION DISTRICT 0.09 29.32 0.44 142.26 0.931 299.95 2.121 682.77 1 5.01 https://www.snoco.org/proptax/(gaplisf4xghpkd45se5gi5vz)/search.aspx?u'NtA it263302000400 Attachffiel Packet Pg. 144 8/25/2016 Property Sum m ary Printable Version Developed by Manatron, Inc. @2005-2010 All rights reserved. Version 1.0.5211.18540 https://www.snoco.org/proptax/(gaplIsf4xghpkd45se5gi5vz)/search.aspx?pv(✓eT'ritahbito;63302000400 Attachmel Packet Pg. 145 8/31/2016 Property Sum m ary 2.1.a SnohomishOnline Government Information & Servicas County Washington Printable Version Home Other Property Data Hell Property Search > Search Results > Property Summary Property Account Summary Parcel Number 100463302000402 1 Property Address JUNKNOWN, UNKNOWN, WA Parties - For changes use 'Other Property Data' menu Role Percent Name IMailing Address Taxpayer 100 JAC CONSULTING LLC IPO BOX 543, MUKILTEO, WA 98275 Owner 100 JAC CONSULTING LLC IPO BOX 543, MUKILTEO, WA 98275 General Information Section 31 Township 27 Range 04 Quarter SW - HANBURYS SOUND VIEW TRS BLK 020 D-02 - (SEG'D FOR TAX PURP ONLY) - LOTS 4 & 5 BLK 20 OF SD PLAT EXC N 166.50FT AS MEAS ALG E LN OF W 190.92FT AS MEAS ALG N LN TGW TH PTN OF VAC ST WH ATTACH BY OPERATION OF LAW Property - AKA LOT A OF BLA NO BLA150-92 REC AFN 9208210046 & AMEND AFN NOS 9209030553 & 9303190515 EXC FDT COM AT SE CDR OF TH Description ABOVE DESC TR OF LAND BEING TH TPOB TH NOO 15 OOW ALG E LN THOF A DIST OF 85.50FT TH S89 45 OOW A DIST OF 20.00FT TO A PT ON A CRV TH ALG A CRV TO L CTR WH BEARS S89 45 OOW A DIST OF 20FT THRU A C/A OF 90 00 00 & HAVING AN ARC LENGTH OF 31.42FT TH N00 15 OOW A DIST OF 8FT TO A PT 20FT SLY OF NLY LN OF ABOVE DESC TR TH S89 45 OOW PLT SD N LN A DIST OF 58 54FT TH SOO 15 OOE A DIST OF 113.50FT TO S LN OF ABOVE DESC TR TH N89 45 OOE ALG SD S LN A DIST OF 98.54FT TO TPOB PER SWD 200710310959 Property Land and Improvements Category Status Active, Locally Assessed Tax Code 00227 Area Property Characteristics Use Code 1910 Undeveloped (Vacant) Land Unit of Measure Acre(s) Size (gross) 10.51 Related Properties No Values Found dive Exemptions No Exemptions Found Interest and Penalty are due if paying after due date since web is available regardless of holidays or weekends. eCheck and Credit Card payments require interest and penalty after due dates. If unable to make payment by due date because of site maintenance; payment must be postmarked by the next business day per RCW 1.12.070. If you wish to pay taxes online, select an option and click "Add To Payment List". If property is in "Foreclosure" - call 425.388.3606 for current total. If Special Assessments (not Surface Water, Soil, Forest Fire) - call 425.388.3750 for payoff totals. Make Check/Money Order to "Snohomish County Treasurer". Send to Snohomish County Treasurer, 3000 Rockefeller Ave, M/S 501, Everett, WA 98201 Installments Payable Tax Year lInstaliment jDue Date I Principall Interest, Penalties and Costsl Total Duel Cumulative Duel Select to Pay 2016 12 10/31/2016 1 870.461 0.001 870.461 870.46 Q. Add To Payment List View Detailed Statement Detailed information about taxes and all other charges displayed above. Calculate Future Pavoff Taxes, interest and penalty due on a specific future date. Statement of Payable/Paid For Tax Year: 2016 Distribution of Current Taxes District Rate Amount CITY OF EDMONDS 0.14 23.20 CITY OF EDMONDS 1.87 315.70 EDMONDS SCHOOL DISTRICT NO 15 4.67 789.48 PUB HOSP #2 0.09 0.44 15.43 74.87 SNO-ISLE INTERCOUNTY RURAL LIBRARY SNOHOMISH COUNTY-CNT STATE SNOHOMISH CONSERVATION DISTRICT TOTALS 0.93 157.86 2.12 359.34 5.03 10.26 1,740.91 I X https://www.snoco.org/proptax/(rbkxmm21o43arsybblvjwl45)/search.asp 1 i aeme Packet Pg. 146 8/31/2016 Property Sum mary 2.1.a Printable Version Developed by Manatron, Inc. @2005-2010 All rights reserved. Version 1.0.5211.18540 https://www.snoco.org/proptax/(rbkxmm21o43arsybblvjwl45)/search.aspxExhibit 2 Attachmel Packet Pg. 147 2.1.a When Recorded Return To: Russel J. Hermes HERMES LAW FIRM, PSC 1812 Hewitt Avenue, Suite 102 Everett, WA 98201 ACCESS AGREEMENT Grantor: JAC CONSULTING, LLC, A Washington Limited Liability Company Grantees: BORIS BRAGIN and ELENA BRAGIN, Husband and Wife JUL 2016 PLA'WV/NG DEPr Legal Description: Parcel 1: Lot A of BLA No. BLA 150-92 Rec Under AFN 9208210046 And Amended Under AFN's 9209030553 and 9303190515, Records of Snohomish County, Washington. Parcel 2: Ptn. Lot A of BLA 150-92 Rec Under AFN 9208210046 And Amended Under AFN's 9209030553 and 9303190515, Records of Snohomish County, Washington. Additional Legals on: Parcel 1: Exhibit 1 Parcel 2: Exhibit 2 Assessor's Tax Parcel No's: Parcel 1: 00463302000402 Parcel 2: 00463 302000400 Reference No's of Documents Released or Assigned: N/A EASEMENT AGREEMENT -1 Exhibit 2 Attachmell Packet Pg. 148 2.1.a RECITALS 1. Grantor is the legal owners of residential real property situated in Snohomish County, Washington, hereinafter referred to as Parcel 1. Parcel 1 is legally described in attached Exhibit 1, which is fully incorporated herein by this reference. 2. Grantees are the legal owner of residential real property situated in Snohomish County, Washington, hereinafter referred to as Parcel 2. Parcel 2 is legally described in attached Exhibit 2, which is fully incorporated herein by this reference. 3. Parcels 1 and 2 are adjacent properties, with Parcel 1 situated immediately West of Parcel 2. Both parcels enjoy access from 2401' St. SW, a public street in Edmonds, Washington. However, through one or more title succession events, Parcel 2 apparently secured record legal title to the property serving as access to both parcels. As a result, Parcel 2 does not have record legal access from 240d' St. SW. 4. In lieu of engaging in litigation, the parties have agreed that Parcel 1 will grant a nonexclusive easement in favor of Parcel 2 to reestablish record legal access in favor of Parcel 2. NOW, THEREFORE, in consideration of mutual benefits, the receipt and legal sufficiency of which are hereby acknowledged by all parties, the parties agree as follows: 1. Grant of Easement: Access Easement: Grantor hereby grants to Grantees, for the benefit of Grantees and their transferees, successors and assigns thereof, a nonexclusive easement to, upon and across that portion of Parcel 1, for residential ingress, egress and utilities for the benefit of Parcel 2, which following description is hereby identified as the Easement Area; Easement Area: Commencing at the intersection of the NE Corner of Parcel 1 and 240" St. SW; Thence South 244.50 Feet; Thence West 20.00 Feet; Thence North 244.50 Feet; Thence East 20.00 Feet to the Point of Beginning. The Easement Area is pictorially described in attached Exhibit 3, which is fully incorporated herein by this reference. 2. Maintenance of Easement Area: The Easement Area shall at all times be kept in reasonably good maintenance and repair. Parcels 1 and 2 shall equally bear all costs and expenses arising out of the maintenance and repair of the Easement Area. EASEMENT AGREEMENT -2 Exhibit 2 Attachmel Packet Pg. 149 2.1.a 3. Alterations Affecting the Easement Area; Intensification: Nothing contained in this instrument shall prohibit either Parcel from undertaking improvements, or taking any other action for a lawful purpose, so long as any such action is consistent with the uses granted pursuant to this instrument. 4. Compliance with Law: Each owner shall comply with all applicable laws, ordinances, rules, regulations and requirements of governmental authorities having jurisdiction over the Easement Areas and/or the use thereof by such owner or any Occupant or Invitee of such owner, and shall comply with all public and private rules, codes, regulations, easements and restrictive covenants affecting the Easement Areas. 5. Taxes: Parcel 2 shall bear all costs of any real estate taxes that are imposed upon Parcel 2 as a result of the benefits received by Parcel from the grant of the easement herein. 6. Easement to Run with the Land; Duration: Each and all of the covenants, conditions, limitations, easements, rights and restrictions contained herein will run with and bind each Parcel, shall be for the perpetual benefit of each of the Parcels, shall be binding upon each Owner of the Parcels and the respective successors, assigns, transferees, heirs and personal representatives of such Owners, and all benefits deriving therefrom shall inure to the benefit of and be enforceable by the Owners of the Parcels benefitted hereby and the respective successors, assigns, transferees, heirs and personal representatives of such Owners. 7. General Provisions: (a) Any provisions of any of this Easement that may prove to be invalid, void or illegal, shall in no way affect, impair or invalidate any other provisions hereof and such other provisions shall remain in fall force and effect. (b) This Easement shall be construed in accordance with and be governed under the laws of the State of Washington. (c) This Easement Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and which taken together shall constitute a fully executed original agreement. (d) If any action is instituted with respect to the subject matter of this Easement Agreement, including Arbitration, the prevailing party in such action, whether by final judgment or out of court settlement, shall be entitled to recover from the other party thereto actual attorneys fees, litigation expenses and costs of such action. (e) Failure by an Owner to enforce any covenant, condition, easement or restriction contained herein or in any certain instance or on any particular occasion shall not be deemed to be a waiver of such right on any such future breach of the same or any other covenant, EASEMENT AGREEMENT -3 Exhibit 2 Attachmell Packet Pg. 150 2.1.a condition, easement or restriction. (f) The provisions of this Easement Agreement shall be liberally construed to affect its purpose; the section headings have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. 8. Dedications: The provisions of this Easement Agreement shall not be deemed to constitute a dedication for public use nor create any rights in favor of the general public. 9. Amendments: This Easement Agreement shall not be modified in any respect whatsoever, in whole or in part, except by further written instrument. IN WITNESS WHEREOF, the parties have executed this Easement as of this , 2016. GRANTOR: JAC CONSULTING, LLC, A Washington Liability Company By: Patrick Crosby, Authorized Member STATE OF WASHINGTON ) )ss. COUNTY OF SNOHOMISH ) GRANTEES: BORIS BRAGIN ELENA BRAGIN I certify that I know or have satisfactory evidence that PATRICK CROSBY is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Member of JAC CONSULTING, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this EASEMENT AGREEMENT -4 2016. Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: Commission Expires: Exhibit 2 Attachmell Packet Pg. 151 2.1.a STATE OF WASHINGTON ) )ss. COUNTY OF SNOHONUSH ) On this day personally appeared before me BORIS BRAGIN and ELENA BRAGIN to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this CL\Bragin106-20-16 Access Easement EASEMENT AGREEMENT -5 2016. Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at. Commission Expires: Exhibit 2 Attachmell Packet Pg. 152 2.1.a EXHIBIT 1 Legal Description for Parcel 1 LOTS 4 AND 5, BLOCK 20, HANBURYS SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 20, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, EXCEPT THE NORTH 166 50 FEET AS MEASURED ALONG THE EAST LINE OF THE WEST 190 92 FEET AS MEASURED ALONG THE NORTH LINE TOGETHER WITH THAT PORTION OF VACATED STREET WHICH WOULD ATTACH BY OPERATION OF LAW, ALSO KNOWN AS'LOT 'A' OF BOUNDARY LINE ADJUSTMENT NO BLAISO-92 RECORDED UNDER AUDITOR'S FILE NUMBER 9208210046 AND AMENDED UNDER AUDITOR'S FILE NUMBERS 9209030553 AND 9303190515, RECORDS OF SNOHOMISH COUNTY, WASHINGTON EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE NORTH 00615100" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 85 50 FEET, THENCE SOUTH 89945'00" WEST, A DISTANCE OF 20 00 FEET TO A POINT ON A CURVE, THENCE ALONG A CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 89045'00" WEST, A DISTANCE OF 20 00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00" AND HAVING AN ARC LENGTH OF 31 42 FEET, THENCE NORTH 00015'00" WEST, A DISTANCE OF 8 00 FEET TO A POINT 20 00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE ABOVE DESCRIBED TRACT OF LAND, THENCE SOUTH 89045'OO" WEST PARALLEL TO SAID NORTH LINE A DISTANCE OF SS 54 FEET, THENCE SOUTH 00015,00" EAST, A DISTANCE OF 113 50 FEET TO THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND, THENCE NORTH 89045'00" EAST ALONG SAID SOUTH LINE A DISTANCE OF 98 54 FEET TO THE TRUE POINT OF BEGINNING SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON Exhibit 2 Attachme Packet Pg. 153 2.1.a EXHIBIT 2 Legal Description for Parcel 2 COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, BLOCK 20, HANBURYS SOUND VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUM& 7 OF PLATS, PAGE 20, RECORD OF SNOHOMISH COUNTY, WAS.MGTON; SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE NORTH WnS-00" WEST ALONG THE EAST I.= THEREOF A DISTANCE OF 85.50 FEET, THENCE SOUTH 89045VO" WEST, A DISTANCE OF 20.00 FEET TO A POINT ON A CURVE, TH NCB ALONG A CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 89045'00" WEST, A DISTANCE OF 20.00 PEET, THROUGH A CENTRAL ANGLE OF 90°00'00" AND HAVING AN ARC LENGTH OF 31A2 FEET, THENCB NORTH 00015,00" WEST, A DISTANCE OF 9.00 FEET, THENCE SOUTH 89045'00" WEST PARALLEL TO SAID NORTH LINE A DISTANCE OF 58.54 FEET, THENCE SOUTH 0001S'00" EAST, A DISTANCE OF 11350 FEET TO THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND, THENCE NORTH 89045'00" EAST ALONG SAID SOUTH LINE A DISTANCE OF 98.54 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUN N OF SNOHOIMII.SH, STATE OF WASHINGTON. ABBREVIATED LEGAL PTN LOT A, BLA 9208210046, BEING A PTN LOT 4, ELK 29, HANBURYS SOUND VIEW TR, SNOHOMISH COUNTY, WA Exhibit 2 Attachme Packet Pg. 154 2.1.a Easement Area P. r xerMvu E 0-1�*-z1Cd+* aF esvmve) .v►.7r fyl asr.�a fp-�1 ^_Ran "'__�-____ ►Mv Sr �£yma ca Jar _. + s raWaSOA CM s �SmeS+4q 1/ YI f T— — — — — — ! 0)cuamw alrx M ,� am Mr r f+ b Basis of Bearing: AF. j2=f fl750" Lorin ! 1 I +aIP -io .a j 0" I ! ! t INCH , so FT. I -- r----- — — — — — — — — I130'44WIC f I i I I �p ! HIM S.A. I rrsc + ! 3 a DO Ur. fiuErJ B,WO SF. .1 a+T A �'07 A+ I I Id i Exhibit 2 Attachmel Packet Pg. 155 2.1.a CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 - Fax: 425.771.0221 - Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION September 19, 2016 Subject: Appeal of PLN20160026 Innocent Purchaser Application — 9114 240th Street SW Appeal file number APL20160001 Dear Interested Person, The City of Edmonds has received an appeal of the City's denial of the innocent purchaser application for the property located at 9114 — 240th Street SW. The appeal is attached. You are receiving this notice of appeal pursuant to ECDC 20.07.004.F because you are a party of record of the subject application. Pursuant to ECDC 20.01.003 an appeal of an innocent purchaser application (a Type II -A permit process) is heard by the Hearing Examiner. An official notice of the date of the hearing before the Hearing Examiner will be provided two weeks before the hearing. The hearing is currently tentatively scheduled for October 27, 2016. Please contact me if you have any questions. s Sincerely, Kernen Lien Senior Planner Eric]: Bragin Appeal — APL20160001 Exhibit 3 Packet Pg. 156 2.1.a FILE NO.: APL20160001 Applicant: Bragin DECLARATION OF POSTING On the 1 1 th day of October, 2016, the attached Notice of Public Hearing was posted at the subject property, Civic Hall, Library and Public Safety buildings. I, Kernen Lien, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true did correct this 1 1 th day of October, 2016, at Edmonds, Washington. w Signed: {BFP747893.DOC;1\00006.900000\ } Exhibit 4 1 Packet Pg. 157 2.1.a FILE NO.: APL20160001 Applicant: Bragin DECLARATION OF MAILING On the 1 Ith day of October, 2016, the attached Notice of Public Hearing was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. The names of which were provided by the applicant. I, Denise Nelson, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this I Vh day of October, 2016, at Edmonds, Washington. Signed: a (BFP747887.DOC;1\00006.900000\ ) Exhibit 4 1 Packet Pg. 158 2.1.a CITY OF EDMONDS NOTICE OF PUBLIC HEARING APL20160001 "c. 1 g9" DESCRIPTION: Appeal of PLN20160026 denying the applicant innocent purchaser and lot of record status for the property addressed at 9114 — 240th Street SW. The property addressed as 9114 — 240th Street SW was created outside of the City of Edmonds subdivision process and thus is not considered a "lot of record" pursuant to Edmonds Community Development Code (ECDC) 21.55.015. The subject property was purchased at a foreclosure sale by the applicants. ECDC 20.75.180 allows for an innocent purchaser to achieve "lot of record" status for a property created outside of the subdivision process. In order to be determined an innocent purchaser and achieve "lot of record" status, the applicants must demonstrate compliance with the criteria detailed in ECDC 20.75.180.A. In denial of the innocent purchaser application the City of Edmonds found the applicant did not meet criterion ECDC 20.75.180.A.4. The applicants are appealing that determination. PROJECT LOCATION: 9114 — 240th Street SW, Edmonds, WA. Tax Parcel Number 00463302000400 NAME OF APPLICANT: Boris and Elena Bragin FILE NO.: APL20160001 REQUESTED PERMIT: Appeal of Innocent Purchaser (Type II -A decision) to Hearing Examiner COMMENTS ON PROPOSAL DUE: October 27, 2016 Any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing. Information on this application can be viewed or obtained at the City of Edmonds Development Services Department, 121 5th Ave North, Edmonds, WA 98020 between the hours of 8:00 A.M. and 4:30 P.M. Monday, Tuesday, Thursday and Friday; Wednesdays from 8:30 a.m. to noon, or online through the City's website at www.edmondswa.gov through the Online Permits link. Search for permit APL20160001. PUBLIC HEARING INFORMATION: A public hearing will be held before the Hearing Examiner on October 27, 2016 at 3 p.m. in the Council Chambers located at 250 — 5th Avenue North, Edmonds, WA 98020 CITY CONTACT: Kernen Lien, Senior Planner kernen.lien@edmondswa.gov 425-771-0220 Exhibit 4 Packet Pg. 159 2.1.a IC K � 329 93� 327 V 1 9323 S 90 a� r 9300 MADRONA SCHOOL BALL FIELD 001. 24006 24020 d' NN N t.7 M N M 238TH CD�� Cg ST 5 8826 o rb�`q co cCD a �aQ 9130 0 ��sT 9112~� o~ on 8912 8 T332a 23a2'B 9105 00 8923 9011 �`9�'� 8829 9015 9003 9125 9109 9017 CP t- 9019 `�� M 00 Sub"ect roperty 9 22 9016 q, m CD 9014 m 9024 9 12 CD Cm 8920 0 a o N 00 0 9026 o rn 00 (n cN 8924m Go 24104 24109 9109 9009 `'g�a �+.��' 241 a� ,qT s � '1 Z N o ' 24115 0 9009 24 rn N 4116 24117 241 o 9105 9015 c :9125 � 0 8923 24125L241 Cn J 242 SW a 00 CD K9 Z-n NN v� N rn N 1 N 931, �ti�a N N ✓ N it N et m N N "", l b' 00 7- p0g 911 0 c 24206 24207242 rn °n 2421400 24215 242 911 10 0 0 0 9016 ADZ Q2? 42 A9104 19102190571 Vicinity Map APL20160001 Appeal of Innocent Purchaser Decision 9114 - 240th Street SW Exhibit 4 r Scale a 1 inch = 200 feet Packet Pg. 160 2.1.a Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Kathleen Landis being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH726179 APL20160001 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 10/11/2016 and ending on 10/11/2016 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $79.12. �Z Subscribed and sworn before me on this day of W ashmgton. City of Edmonds - LEGAL ADS 114101416 KE,RNEN LIEN DEBRA ANN GRIGG Notary Public State of Washington My commission Expires October 31, 2017 Exhibit 4 Packet Pg. 161 2.1.a L ui tB 0 L a c W 0 c c 1� c L CITY OF EDMONDS NOTICE OF PUBLIC HEARING APL20160001 d DESCRIPTION: Appeal of PLN201500245 denying the applicant Innocent purchasez and tot of record status for the property Trio — addreasad at 9114 - 2401h Street SW. propertyy addrassatl the City of as 9114 - 240Ih Stieat SW was created oulsida dT Edmondo subdivision rocess and Ihus is not considered a'Iat R 01 record' pursuant to Edmonds Community pevafopment Code `ECDC) 21.55.01S. The subject propertyy was purchased at a by t. ECDC 20.75.180 allows for 0.foreclosure sale the a,.,. an Innocent purchaser to achieve "lot of record" slatus tar a CL Q QQroparty Created outside of the subdivision procoss. In order to be determined an Ennacent purchaser and achieve "01 of record" r status. the applicants must demonsteale compliance with the r Criteria dstalfed in ECDC 20.16.180.A.In denlal of the innocent O purchaser application the City of Edmonds sound the applicant O did not meet criterion ECDC 20.75.180.A.4. The applicants are O appealing that determination. to PROJECT LOCATION: 9114 - 2401h Street SW. Edmonds, WA. r O Tax Parcel Number 00463302000400 N NAME OF APPLICANT. Sorle and Elena Bragln J FILE NO.: APL201WWI d REQUESTED PERMIT- Appeal at Innocent Purchaser II to Hearing Examiner Q (Type -A declsion) COMMENTS ON PROPOSAL DUE:Octoher 27. 2016 � An� person Ines the right to comment on Ihis application during I t"ah!@ notice and any pu o comment period, particlpatoIn heanrngs, and request a copy of the docision on The application. E The City may accept public comments at any lime prior 10 the Z closing of the record of an open record prodeclsion hearing. Informallon an this application can be viewed or obtained at The y City of Edmonds Development Services Department, 121 451h Ave Norlh, Edmonds. WA 98020 balween the hours of 8:00 A.M. and IL 4:30 I?M. Monday, Tuesday, Thursday and Frldny' Wednesdays Irom 8:30 a.m. to noon, or online through the City's websile at w�pai lhrcuglt the Online Permits link. Search for M N ppermn APL201600 1. to FUEL HCARiNG INFORMATION: A pobilc hearing will be hold before the Hearing Examiner on 0010 46 r 27. 2016 at 3 P.M. In the Council Chambers, localed at 250 - 5Ih Avenue North, Edmonds, WA 96020 CITY CONTACT: Kamen Lien, Senior Planner rN+ kernon.lien@edmondswa.gov 42.5-771-0220 Published: October 11, 2016. EDF172617T- V t3 r a r r L 0 0- tQ v/ r O O O tD O N J d � Q c m E to r w Q Exhibit 4 Packet Pg. 162