Ord 98-316
""'-"'""'."""""'"""""""'",.
ORDINANCE NO. 98-116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING AN ASSESSMENT
REIMBURSEMENT AREA AND AUTHORIZING EXECUTION OF
A LATECOMER'S AGREEMENT TO PROVIDE PARTIAL
REIMBURSEMENT FOR THE COST OF IMPROVEMENTS TO
REGULATED LAKE NO.6
WHEREAS, R&F Properties, a Washington general partnership, and Medical Real
Estate SelVices L.L.C., a Washington limited liability company ("Owners"), are the owners of
certain real property located in the vicinity of Regulated Lake No.6 ("Lake 6"), near 9th Avenue
South and South 348th Street in Federal Way, Washington; and
WHEREAS, the Owners have completed a street project, as defined in RCW
35.72.020(4), at their expense near their property and adjacent to Lake 6; and
WHEREAS, the project includes stonn drainage facilities, including detention
facilities and a 20-foot earthen benn to Lake 6 ("Improvements"), which are more specifically
described in the Off-Site Improvements Lake No.6, Sheets I and 2, on file with the City of Federal
Way in File No, BLD 92-2359; and
WHEREAS, the construction and installation of the Improvements was in the
public interest; and
WHEREAS, certain parcels of real property ("Benefitted Properties") adjacent to
or near the Owners' Property will receive benefits from the Improvements, because future
development of those parcels will require stann drainage detention that can be provided by the
Improvements; and
ORD # 'IR-116
,PAGEl
.t(Q)~1Jf
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.."".".....",....._"',----"""",."" ,,"'."'.."'.---------...., '
WHEREAS, The Owners have paid all costs and expenses, totaling Seventy-eight
Thousand, eight hundred thirty-nine and 78/100's dollars ($78,839.78) ("Total Cost"), for the
construction and installation of the Improvements; and
WHEREAS, there are no adjoining property owners presently available to share
in the cost and expenses of the Improvements; and
WHEREAS, RCW 35.72 and Federal Way City Code ("FWCC") FWCC 20-206-
20-214 permit the City to establish assessment reimbursement areas and enter into "latecomers"
agreements to provide for partial reimbursement to property owners who bear the initial cost of
street projects which benefit other property owners; and
WHEREAS, in return for construction of the Improvements at their sole cost and
expense, the Owners have requested that the City agree to enter into a'latecomers agreement, to
provide the opportunity for other property owners to partially reimburse the Owners for a
portion of the Improvements' costs and expenses; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
~. ~. The Federal Way City Council hereby adopts the following
findings of fact:
A. All recitals stated above are hereby adopted as fIDdings of fact.
B. In response to the Owners' request, the City prepared a preliminary
Assessment Reimbursement Area indicating which parcels have benefitted from construction of
the Improvements. The Assessment Reimbursement Area is shown on Exhibit A attached to this
Ordinance,
ORD # 98-316
, PAGE 2
------,-----~-----..----,-----...,.,.. --.-....,.. ,..... ,... u.
C. The Benefitted Properties are legally described as shown in Exhibit B attached
to this Ordinance.
D. On January 16, 1998, the City provided notice, via certified mail (return
receipt requested) and pursuant to RCW 35.72.040(2) and FWCC 20-209, to the owners of the
Benefitted Properties.
E. No owner of a Benefitted Property requested a public hearing.
F. Adoption of an Assessment Reimbursement Area and authorization of the
City's entry into a latecomers' agreement will further the public health, safety and welfare of the
citizens of the City of Federal Way, because it will make additional surface water detention
capacity available for other pròperties at an reasonable cost, thus providing additional flood
protection as well as an incentive for additional economic development.
~. Adoption of Assessment Reimbursement Area. Pursuant to RCW
35.72.040 and FWCC 20-210, the City Council hereby adopts the Lake No.6 Assessment
Reimbursement Area, as shown on the map attached as Exhibit A to this Ordinance.
~. Authorization to City Mana.ger to Execute Latecomers' Agreement.
In consideration for the Owners' construction of the Improvements at their sole cost and
expense, and pursuant to RCW 35.72.010, .030 and .040 and FWCC 20-210, the City Council
hereby authorizes the City Manager to execute a latecomers' agreement in substantially the form
attached hereto as Exhibit C with R&F Properties and Medical Real Estate Services LLC. The
latecomers' agreement shall require owners of the Benefitted Properties to pay, upon
development, their pro rata shares of the Total Cost of the Improvements. The pro rata share
shall be determined according to the formula set forth in Paragraph 2.2 of Exhibit C.
ORD # qR-~l¡;
, PAGE 3
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Section 4. Severabili~. The provisions of this ordinance are declared separate
and severable. The invalidity of any cláuse, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
~. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 6. Effective Date. This ordinance shall take effect and be in force five
(5) days from and after its passage, approval, and publication, as provided by law.
Iq~ day of
PASSED by the City Council of the City of Federal Way this
~1998.
CITY OF FEDERAL WAY
L~
MAYOR, RON GINTZ
ORD# 911-116
, PAGE 4
APPROVED AS TO FORM:
C~ LO~DI K~ELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 98-116
K:\ORDIN\latecome.1k6
ORD # 98-316
, PAGE 5
04-28-98
05-19-98
06-18-98
06-23-98
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Nolo: Thll map II In_"'."'" Qraph/oeI,.-- """.
The Cly of Fodetol W'Y mu.. no --, alD"_.
Latecomer's Agreei._.mt for
Detention Improvement to
Lake #6 .
Exhibit A
.
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.
.
I ~Assess. Reimbursement Area
Lake #6
Parcels
- Benefitting Properties
- Owner Properties
N
+
SCALE 1:4392
Federal Way
CityMap
EXHIBIT "an
LEGAL DESCRIPTIONS
BENEFITED PROPERTIES
. ...---------------.----.--....--.................... """"'.""
ESM inc.
A CIVil ENGINEERING, LANO SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
I
Lake No.6 Detention Facility
Job No. 265-12-940-005
Tax Parcel Numbers:
926480-0060-02
926480-0070-00
LEGAL DESCRIPTION
(raxpayer: James E. Hurt)
Lots 6 and 7 of "West Campus Business Park" according to the plat thereof filed in Volume 97
of Plats, Pages 78 through 82, inclusive, Records of King County, Washington. .
Written by: MRB
Checked by: CAP.
llesmlsys\esm-jobs\26S\ 12\documcntl265 121.doc
720 South 348th 5treet . Federal Way. Washington 98003
FedoraIWay(206)838-6113 . Tacoma (2061 927-0619 . 50anlo(2061623-5911 . Fax:(2061838-71O4
ESM inc.
I
A CIVil ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSUlTING fiRM
Lake No.6 Detention Facility Tax Parcel Number:
Job No. 265-12-940-005 926480-0010-03
LEGAL DESCRIPTION
(faxpayer: Waller Road Associates IV)
TIlAT portion of the northeast quarter of the southwest quarter of Section 20, Township 21
North, Range 4 East, W.M., more particularly described as follows:
COMMENCING at the southwest comer of Lot 2 of "West Campus Business Park"
according to the plat thereof filed in Volume 97 of Plats, Pages 78 through 82, inclusive,
Records ofK.ing County, Washington; .
TIŒNCE along the westerly line of said Lot 2, N 01°14'49" E, 329.00 feet to the TRUE
POINT OF BEGINNING;
TIŒNCEcontinuing along said easterly line, N 01°14'49" E, 168.26 feet;
TIŒNCE S 88°26'19" E, 297.60 feet;
THENCE S 01°14'49" W, 14.30 feet;
THENCE S 25°02'15" E, 167.76 feet;
THENCE S 71°58'57" E, 19.08 feet;
TIŒNCE S 01°16'17" W, 1.04 feet;
THENCE N 71 °58'57" W, 15.95 feet;
TIŒNCE N 88°44'52" W, 374.88 feet to the TRUE POINT OF BEG~G.
Written by: MRB
Checked by: C.A.F.
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f\esm-jobs\265\ 12\documenl\26S 123.doc
720 South 3481h 51'eel . Fed.,af Way. Wash;ngton 98
Fed.,aIWay(206)838-6113 . Tacoma (206) 927-Q619 .500"1.(206)623-5911
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
I
Lake No.6 Detention Facility
Job No. 265-12-940-005
Tax Parcel Number:
202104-9101-06
LEGAL DESCRIPTION
(Taxpayer. 'laS LLC)
The south 400.00 feet of the east 100.00 feet of the east half of the west half of the northwest
quarter of the southeast quarter of Section 20, Township 21 North, Range 4 East, W.M., King
County, Washington;
EXCEPT the south 50.00 feet for South 348th Street;
TOGETIŒR WIlli that portion of Lot 4 of "West Campus Business Park" according to the plat
thereof recorded in Volume 97 of Plats, Pages 78 through 82, inclusive, Records of King County,
Washington, lying northerly and northeasterly of the following described line;
COMMENCING at the northwest comer of said Lot 4;
TIŒNCE southerly along the easterly margin of 9th Avenue South, S 01°21'10" W,
115.00 feet to the TRUE POINT OF BEGINNING;
THENCE S 88°39'49" E, 187.69 feet to a point of curvature;
TIŒNCE southeasterly 94.26 feet along the arc of a tangent curve to the right, through a
central angle of 90°00'59" to the easterly line of said Lot 4 AND the tenninus of said
line.
ALSO KNOWN as Lot 2 of unrecorded King County Lot Line Adjustment Number 8812010 as
approved May 2, 1989.
Written by: MRB
Checked by: C.A.F.
. \ Icsmlsys\csm-jobs\26S\ 12\documcnt\2
720 Sooth 348m 51""" . Federal Way, Washington 98003
FedoraIWay(206'838-6n3 . Tacoma(2O6)927-0619. 5oattlo(206'623-59n . Fax: (206)838-7104
After Recording, return to:
City of Federal Way Public Works Department
AtIn: Stephen Clifton
33530 1st Way South
Federal Way, WA 98003
DRAFT
'-lid-.. 7/9?
Permit Number
LATECOMERS AGREEMENT
FOR
DRAJNAGE IMPROVEMENTS
TIllS LA1ECOMERS AGREEMENT ("Agreement") is made between the City of Federal
Way, a Washington municipal corporation ("City"), on the one hand, and R&F Properties, a
Washington general partnership, and Medical Real Estate Services LL.C., a Washington limited
liability company ("Owners"), on the other, referred to collectively herein as "the Parties."
A The Owners are the owners of certain real property located in Federal Way, Washington,
legally described in Exhibit" A" attached hereto and incorporated herein by this reference ("Owners'
Property").
B. The Owners have completed a street project, as defined in RCW 35.72.020(4) at their
expense and on and/or near Owners' property. The street project includes stonn drainage facilities,
including detention facilities and a 20-foot earthen benn to Lake No.6 ("Improvements"). The
Improvements are more specifically described in the Off-Site Improvements Lake No.6, Sheets 1 and
2, on file with the City of Federal WayinFdeNo. BID 92-2359.
C. Certain parcels of real property adjacent to or near the Owners' Property will receive
benefits ftom Improvements, because future development of the parcels will require stonn
drainage detention that can be provided by the Improvements. The benefitted property is legally
descnDed in Exhibit "B" attached hereto and incorporated herein by this reference ("Benefitted
Properties").
D. There are no adjoining property owners presently available to share in the cost and
expenses of the Improvements.
E. The construction and installation of the Improvements was in the public interest.
F. The Owners have paid all costs. and expenses, totaling SeventY-eight Thousand, eight
hundred thirty-nine and 78/100's ($78,839.78) ("Total Cost"), for the installation of such
improvements.
- I -
fxh/ bIt
c
G. In retum.for the Owners' construction of the Improvements at their sole cost and
expense, the Owners have requested that the City agree to enter into an agreement pursuant to
FWCC 20-206 - 20-214 and RCW 35.72, to provide the opportunity for other property owners to
partially reimburse the Owners for a portion of the Improvements' costs and expenses.
H. In response to the Owners' request, the City prepared a preliminary Assessment
Reimbursement Area in wlúch the Benefitted Properties are located, and provided notice to the
owners of the Benefitted Properties by certified mail on January 16, 1998, pursuant to RCW
35.72.040(2) and FWCC 20-209.
I. No owner of a Benefitted Property requested a public hearing within twenty (20) days
of the date of the notice.
J. On . the Federal Way City Council adopted Ordinance No. 98----->
establislúng an Assessment Reimbursement Area comprised of the Owners' Property and the
Benefitted Properties, and Connally adopting the method of calculation of the Benefitted
Properties' owners' pro rata shares of the Total Cost.
I. In consideration for the Owners' construction of the Improvements at their sole cost
and expense, and in furtherance of the purpose of Ordinance No. 98-----> the City agrees to
enter into tlús agreement to provide the opportunity for other property owners to partially
reimburse the Owners for a portion of the Improvements' costs and expenses.
NOW THEREFORE, the parties agree as follows:
1. Assessment Reimbursement Area. The Assessment Reimbursement Area shall be
that area established by Ordinance No. 98---, as shown on the map attached as Exhibit C.
2. Reimbursement.
2.1 Latecomer's Obligation to Reimburse. Any owner of the Benefitted Properties
("Latecomer"), who: (1) did not contribute to the original cost of the Improvements; (2) elects to
develop lús or her respective property within the tenn of tIùs agreement; and £3) at the time of
development is not required to instal1 any drainage improvements as a result of the Owners'
instal1ation of the Improvements; shall not be granted a pennit for the development without first
paying to the City (m addition to any and all other costs, fees, and charges associated with
pennits, inspections or for street, signa1ization, and lighting improvements) his or her pro rata
share of the Total Cost of the Improvements. A Latecomer's pro rata share shall be determined
as provided in Subsection 2.2 below.
2.2 Pro Rata Share. A Latecomer's pro rata share of the Total Cost shall be determined
by the Public Works Director or his or her designee, using.the square footage method shown
below. Under-the square footage meth9d; a Latecomer's pro rata share shall be the Total Cost
multiplied by the ratio of the total square footage ofaLatecomer's property to 'the total square
footage of the Assessment Reimbursement Area,
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T"~"
Total square footage of Latecomer's property = X
Total square footage of Assessment Reimbursement Area = Y
Total Cost = $78,839.78
Pro rata share = S
XIY x $78,839.78 = S
The decision of the Director of Public Works or lús or her designee in determining the
amount due from any Latecomer sha1l be final, conclusive and not subject to appeal.
3. Pllyment to Owner. The City agrees to pay all amounts received from Latecomers to
the Owners ("Latecomer's Fees") within tIúrty (30) days after receipt thereot: subject to the
following:
3.1 The Owners shall be responsible for infomûng the City of their current and correct
mailing address. The City shall make a good 1àith effort to locate the Owners and in the event the
City is unable to do so, the Latecomers' Fees sbalI be deposited in a Special Deposit Fund, to be
held by the City for a period of up to two (2) years following the City's receipt of the fees. The
City shall be entitled to interest on any Latecomers' Fees held in the Special Deposit Fund. At
any time within tlùs two (2)-year period, the Owners may receive the Latecomers' Fees, without
interest, by requesting the fees and notüying the City of the Owners' then CUITent mailing address.
After the expiration of the two (2)-year period, all rights of the Owners to any Latecomer's Fees
sha1l temùnate, and the City shall be deemed to be the owner of such funds. The Owners hereby
assign to the City all of the Owners' right, title and interest in and to any Latecomer's Fees in the
event the City is unable to locate the Owners to tender the same and the Owners do not notifÿ the
City as provided herein within the two (2)-year period.
3.2 The City shall not collect any Latecomers Fees after the expiration of the Term of
tlús Agreement.
4. rm n . The term of this Agreement is for a period often
(10) years, commencing the dat this Agreement is recorded and terminating ten (10) years
thereafter, provided, however, that if authorized by the Fedeca1 Way City Council, tlùs Agreement
may be extended for one (I) additional five (5) year period. The extension måy be granted upon a
written request by the Owner prior to the expiration of the initial ten (10) year period.
5. Drainage System - Title to Improvements. The Owners agree that the
Improvements are part of the storm water drainage system of the City. The Owners hereby
transfer to the City all of the Owners' right, title and interest remaining in and to the
Improvements. The City reserves the right, without affecting the validity or tenDS oftlús
Agreement, to make or cause to be made extensions to or additions of the Improvements, without
liability on the part of the City.
6. Recordirlg. The Owners shall record tlùs Agreement with the King County
Auditor's Office witlún tlúrty (30) days of execution oftlùs Agreement by the City and the
- 3 -
,
Total square footage of Latecomer's property = X
T ota! square footage of Assessment Reimbursement Area = Y
Total Cost = $78,839.78
Pro rata share = S
XlYx $78,839.78 = S
The decision of the Director of Public Works or his or her designee in detennining the
amount due fÌ"om any Latecomer shaII be final, conclusive and not subject to appeal.
3. Payment to Owner. The City agrees to pay all amounts received fÌ"om Latecomers to
the Owners ("Latecomer's Fees") within thirty (30) days after receipt thereot; subject to the
following:
3.1 The Owners shaII be responsible for informing the City of their CU1TeI1t and COlTect
mailing address. The City shaII make a good filith effort to locate the Owners and in the event the
City is unable to do so, the Latecomers' Fees sball be deposited in a Special Deposit Fund, to be
held by the City for a period of up to two (2) years following the City's receipt of the fees. The
City shall be entitled to interest on any Latecomers' Fees held in the Special Deposit Fund. At
any time within this two (2)-year period, the Owners may receive the Latecomers' Fees, without
interest, by requesting the fees and notüying the City of the Owners' then CUlTCnt mailing address;
After the expiration of the two (2)-year period, all rights of the Owners to any Latecomer's Fees
shall terminate, and the City shaII be deemed to be the owner of such funds. The Owners hereby
assign to the City all of the Owners' right, title and interest in and to any Latecomer's Fees in the
event the City is unable to locate the Owners to tender the same and the Owners do not notify the
City as provided herein within the two (2)-year period.
3.2 The City shall not collect any Latecomers Fees after the expiration of the Tenn of
this Agreement.
4. TennlExtension of Agreement. The tenn of this Agreement is for a period often
(10) years, commencing the date this Agreement is recorded and tenninating ten (10) years
thereafter, provided, however, that if authorized by the Federal Way City Co~cil, this Agreement
may be extended for one (1) additional five (5) year period. The extension may be granted upon a
written request by the Owner prior to the expiration of the initial ten (10) year period.
5. Drainage System - Title to Improvements. The Owners agree that the
Improvements are part of the stonn water drainage system of the City. The Owners hereby
transfer to the City all of the Owners' right, title and interest remaining in and to the
Improvements. The City reserves the right, without affecting the ~dity or tenus of this
Agreement, to make or cause to be made extensions to or additions of the Improvements, without
liability on the part of the City.
6. Recording. The Owners sball record this Agreement with the King County
Auditor's Office witlùn tlùrty (30) days of execution of this Agreement by the City and the
- 3 -
..Owners. The Owners shall pay all costs of recording.
7. Enforcem\:IÚ. The City does not assume or bear any responsibility to enforce this
Agreement. This Agreement will be a matter of public record and will serve as a notice to all
potential Latecomers. The Owners shall be responsible to molÙtor those parties enjoying the
Improvements. In the event the City becomes aware of a Latecomer, it will use its best efforts to
collect the Latecomer's Fee, but shall not incur any liability to Owners or others should it wi to
collect such fee.
8. Indemnification. The Owners agree to indemniJÿ, hold harmless, and agree to defend
the City, its elected officials, officers, employees, agents, and volunteers ftom any and all claims,
demands, ¡osses, actions and liabilities (mcluding Latecomer's Fees, costs and all attorney fees) to
or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising ftom, resulting ftom, or connected with this Agreement or
the construction or installation of the Improvements.
9.
Equal Opportunity Employer.
In all of the Owners' activities, hiring and employment made possible by or resulting ftom
this Agreement, there shal1 be no discrimination against any person because of sex, sexual
orientation, age (except minimum age and retirement provisions), race, color, creed, national
origin, marital status or the presence of any sensory, mental or physical handicap, unless based
upon a bona fide occupational qualification.
10.
General Provisions.
10.1 Entire Agreement. This Agreement contains all of the agreements of the
parties and no prior agreements or understandings pertaining to any such matters shall be
effective for any purpose.
10.2 Modification. No provision of this Agreement may be amended or added
to except by agreement in writing signed by the parties.
10.3 Full Force and Effect. Any provision of this Agreemeñt which is declared
invalid, void or illegal shall in no way affect, impair, or invalidate any other provision
hereof and such other provisions shall remain in full force and effect.
10.4 Covenant RunlÙng With the Land. This Agreement shall inure and be for
the benefit of the Owners and the Benefitted Properties' owners, and the benefits and
burdens of this Agreement shal1 be a covenant running with the land and be binding upon
R&F Properties, Medical Real Estate Services, L.L.C., the City of Federal Way, and the
owners of the Benefitted Properties, and each and every of their respective successors in
interest, heirs, beneficiaries or assigns.
-4-
10.5 Attorney Fees. In the event either party dclàults on the perfonnance of
any terms in this Agreement, and tIùs Agreement is placed in the hands of an attorney, or
suit is filed, the prevailing party shall be entitled to an award orits reasonable attorneys'
fees, costs and expenses, subject to the provisions of Paragraph 8 above. The venue for
any dispute related to this Agreement shall be King County, Washington.
10.6 No Waiver. Failure of the City to declare any breach or default
immediately upon the occUITence thereot; or delay in taking any action in connection with,
shall not waive such breach or default. Failure of the City to declare one breach or default
does not act as a waiver of the City's right to declare another breach or default.
10.7 Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
10.8 Authority. Each individual executing this Agreement on behalf of the City
and the Owners represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the Owners or the City.
10. 9 ~. Any notices required to be given by the City to the Owners or by
the Owners to the City shall be delivered to the parties at the addresses set forth below.
Any notices may be delivered personally to the addressee of the notice or may be
deposited in the United States mail, postage prepaid, to the address set forth herein. Any
notice so posted in the United States mail shall be deemed received three (3) days after the
date of mailing.
If to the City, to:
Public Works Director
City of Federal Way
33530 - 1st Way South
Federal Way, WA98003
(253) 661-4000
If to R&F Properties, to:
Robert D. Scholes
R&F Properties (DBA Emerald Professional Center, LLC)
720 South 348th Street
Federal Way, W A 98003
(253) 838-6113
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If to Medical Real Estate Services, L.L.C., to:
Steve Skony
105 Central Way, Suite 203
Kirkland, WA98033
10.10 Captjm¡a. The respective captions of the paragraphs of this Agreement are
inserted for convenience of reference only and shall not be deemed to modifY or otherwise
affect in any respect any of the provisions of this Agreement.
1 0.11 ~. The Owners warrant that: (1) they are the fee simple owners of
the property legally described in Exhibit A, and have the legal ability to encumber that
property through this Agreement; (2) all work performed in connection with the
Improvements fully complies with all applicable federal, state and City laws; including
without limitation all City codes, ordinances, resolutions, policies, standards and
regulations; (3) all expenses and claims in connection with the construction and installation
of the Improvements, whether for labor or materials, have been or will be paid in full by
the Owners; and (4) the total cost of construction of the Improvements is equal to
Seventy-eight Thousand, eight hundred thirty-nine and 78/1OO's ($78,839.78) ("Total
Cost").
DATED this - day of
,19_.
CITY OF FEDERAL WAY
By:
Kenneth E. Nyberg, City Manager
33530 1st Way South
Federal Way, W A 98003
ATTEST:
City Clerk, N. Christine Green, CMC
-6-
.'APPROVED AS TO FORM:
City Attorney, Landi K Lindell
CITY NOTARIZATION
STATE OF WASHINGTON )
) 88.
COUNTY OF KING )
OWNER
R&F Properties
(Signature)
(pñntName)
(Address)
OWNER .
Medical Real Estate Services, LL. C.
(Signature)
(pñntName)
(Address)
I certify thát I know or have satisfactory evidence that the person appearing before me and
making this acknowledgment is the person whose true signature appears on this document.
-7-
On this - day of . 19---, before me personally appeared Kenneth
E. Nyberg, to me known to be the City Manager of the City ofFedera1 Way, a municipal
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute said
iqstrument.
WITNESS my hand and official hereto affixed the day and year first above written.
Notary Public in and for the State of
Waslùngton, residing at_.
My comnùssion expires -'
-8-
.' OWNER NOTARIZATION
STATE OF WASIllNGTON )
) ss.
COUNTY OF KING )
I certifY that I know or have satisfàctOlY evidence that the person appearing before me and
making tills acknowledgment is the person whose true signature appears on this document.
On tills - day of
. 19--, before me personally appeared
. to me known to be the ofR&F
Properties (DBA Emerald Professional Centec, LLC, that executed the within and foregoing
instrument, and acknowledged the said instrument illslhec ftee and voluntary act and deed, for the
uses and purposes thecéin mentioned, and on oath stated that he/she has executed said instrument.
WITNESS my hand and official heceto affixed the day and year first above written.
Notary Public in and for the State of
Washington, residing at -'
My commission expires -'
OWNER NOTARIZATION
STATEOFWASIllNGTON )
) ss.
COUNTY OF KING )
I certifY that I know or have satisfactory evidence that the person appearing before me and
making tills acknowledgment is the person whose true signature appears on tills document.
On tills - day of
. 19--, before me personally appeared
. to me known to be the of Medical
Real Estate Services. L.L.C. that executed the within and foregoing instrument, and
acknowledged the said instrument illslhec ftee and voluntary act and deed, for the uses and
purposes therein mentioned, and on oath stated that he/she has executed said instrument.
WITNESS my hand and official hereto affixed the day and year first above written,
Notary Public in and for the State of
Washington, residing at_,
My commission expires -'
Iclpubworkllatecome,lk6
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EXHIBIT "An
LEGAL DESCRIPTIONS
OWNER'S PROPERTY
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
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Lake No.6 Detention Facility
Job No. 265-12-940-005
Tax Parcel Numbers:
202104-9132-09
202104-9154-02
LEGAL DESCRIPTION
(Taxpayer: R & F Properties)
Parcell of City of Federal Way Lot Line Elimination No. 96-0001 filed under Recording No.
9605080902, Records of King County, Washington; .
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Written by: MRB
Checked by: CAF.
f:lesm-jobs\265\ 12\document\26S 124 .doc
720 South 3481h Street. Federal Way, Washington 98003
Federal Way (206) 838.6113 . Tacoma (206) 927-Q619 . Seanle(206) 623-5911 . Fax: (206)838-7104
"""""""""""-...................
ESM inc.
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A CIVIL ENGINEERING. LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Lake No.6 Detention Facility
Job No. 265-12-940-005
Tax Parcel Number.
750451-0050-03
LEGAL DESCRIPTION
(Taxpayer: St. Francis Medical Center Associates)
Tract C-l of "Saint Francis Hospital Binding Site Plan" according to the plat thereof filed in
Volume 160 of Plats, Pages 44 through 48, inclusive, Records of King County, Washington.
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Written by: M.R.B.
Checked by: C.A.F.
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\ lesmlsyslesm ..jobs\¿65\ 12ldocumcnt\265122.doc
720 South 348th Street. Federal Way, Washôngton 98003
Federal Way (206) 838.6113 . Tacoma (206) 927-Q619 . 5eallle(206) 623-5911 . Fa.,(206)B38-71O4
. ............... .......-.........-..-.....................--....-......
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EXlDBIT "ß"
LEGAL DESCRIPTIONS
BaNEFITED PROPERTIES
ESM inc.
A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
[I
Lake No.6 Detention Facility
Job No. 265-12-940-005
Tax Parcel Numbers:
926480-0060-02
926480-0070-00
LEGAL DESCRIPTION
(Taxpayer: James E. Hurt)
Lots 6 and 7 of "West Campus Business Park" according to the plat thereof filed in Volume 97
of Plats, Pages 78 through 82, inclusive, Records of King County, Washington. -
Written by: MRB
Checked by: C.A.F.
.....
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EXPIRES: 1-18-1<¡
llesmlsys\esm.jobs\26S1121dcx:umcnt\265121.doc
720 Sou'" 3481h Street. Federal Way. Washington 98003
Federal Way (206) 838-6113 . Tacoma (206) 927.0619 . Seattle (206) 623-5911 . Fax: (206) 838.7104
--"~---'-----"-""---"-"'--'" "~
ESM inc.
I
A CIVIL ENGINEERING. LAND SURVEY. AND PROJECT MANAGEMENT CONSULTING FIRM
Lake No.6 Detention Facility Tax Parcel Number:
Job No. 265-12-940-005 926480-0010-03
LEGAL DESCRIPTION
(faxpayer: Waller Road Associates IV)
THAT portion of the northeast quarter of the southwest quarter of Section 20, Township 21
North, Range 4 East, W.M., more particularly described as follows:
COMMENCING at the southwest corner of Lot 2 of "West Campus Business Park"
according to the plat thereof filed in Volume 97 of Plats, Pages 78 through 82, inclusive,
Records of King County, Washington; -
THENCE along the westerly line of said Lot 2, N 01°14'49" E, 329.00 feet to the TRUE
POINT OF BEGINNING;
THENCE continuing along said easterly line, N 01°14'49" E, 168,26 feet;
THENCE S 88°26'19" E, 297.60 feet;
THENCE S 01°14'49" W, 14.30 feet;
THENCE S 25°02'15" E, 167.76 feet;
THENCE S 71°58'57" E, 19.08 feet;
THENCE S 01°16'17" W, 1.04 feet;
THENCE N 71 °58'57" W, 15.95 feet;
THENCE N 88°44'52" W, 374.88 feet to the TRUE POINT OF BEGINfflNG.
ALSO KNOWN as Lot I of unrecorded King County Lot L'ne Ad'ustment Number
8906016,asapprovedAugust31,1989.
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Written by: MRB
Checked by: C.A.F.
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f:lcsm-jobsI26S\12\document\26512J.doc .
720 South 348th Street. federal Way. Washington 98
federaIWay(2O6)838-6113 . Tacoma (206) 927-0619 . 50a"lo(206) 623-5911
ESM inc.
A CIVIL ENGINEERING. LAND SURVEY. AND PROJECT MANAGEMENT CONSULTING FIRM
[I
Lake No.6 Detention Facility
Job No. 265-12-940-005
Tax Parcel Number:
202104-9101-06
LEGAL DESCRIPTION
(Taxpayer: T.sS LLC)
The south 400.00 feet of the east 100.00 feet of the east half of the west half of the northwest
quarter of the southeast quarter of Section 20, Township 21 North, Range 4 East, W.M., King
County, Washington;
EXCEPT the south 50.00 feet for South 348th Street;
TOGETHER WIlH that portion of Lot 4 of "West Campus Business Park" according to the plat
thereof recorded in Volume 97 of Plats, Pages 78 through 82, inclusive, Records of King County,
Washington, lying northerly and northeasterly of the following described line;
COMMENCING at the northwest comer of said Lot 4;
THENCE southerly along the easterly margin of 9th Avenue South, S 01°21'10" W,
115.00 feet to the TRUE POINT OF BEGINNING;
THENCE S 88°39'49" E, 187.69 feet to a point of curvature;
THENCE southeasterly 94.26 feet along the arc of a tangent curve to the right, through a
central angle of 90°00'59" to the easterly line of said Lot 4 AND the tenninus of said
line.
ALSO KNOWN as Lot 2 of unrecorded King County Lot Line Adjustment Number 8812010 as
approved May 2, 1989. -.
Written by: MRB
Checked by: C.A.F.
llesmlsyslesm-jobs\26S\ 121documcnt\2
720 South 3481h Street. Federal Way. Washington 98003
FederaIWay(206)8J8-6l1J . Tacoma (206) 927-0619 . Seattle(206)62J-S911 . Fax: (206) 638-7104
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Hen: TIll. mop 1.In/wl1JJd fÞt u. a . gtophloal -- 0It/t.
TIle Cly or FedotoJ Way m- no WMM/r aID Ita -,.
Latecomer's Agre itent for
Detention Improvement to .
Lake #6 .'
Exhibit C
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I ~Assess. Reimbursement Area
Lake #6
Parcels
- Benefitting Properties
- Owner Properties
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SCAlE 1:4392
Federal Way
C.ityMap