HomeMy WebLinkAboutAG 23-011 - MGP XI COMMONS FW LLCRETURNTO EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
I. ORIGINATING DEPT./ IV: LAW
2. ORIGINATING STAFF PERSON: KENT VAN ALSTYNE EXT: _m 3. DATE REQ. BY: ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, Q)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CG
❑ REAL ESTATE DOCUNIENT ❑ SECURITY DOG T (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT NT (AG#): ❑ INTERLOCAL
OTHER VOLUNTARY CORRECTION AGREEMENT
5. PROJECTNAME: VOLUNTARY CORRECTION AGREEMENT- COMMONS STORM WATER VIOLATION
6. NAME OF CONTRACTOR:
ADDRESS: TELEPHONE
E-MAIL„ FAX:
SIGNATU N : TITLI3
7. EXHIBITS AND ATTAC ENTS: A SCOPE, WORK OR SERVICES' A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: COMPLETION DATE: to V "` 'q� ,,
a U I..OM
9. TOTAL COM PENSATION (iNCI..LD[7,-, toy'PENSES APx DSAtXS, FAX" ANY);
(IF CALCULATED ON HOURLY LABOR CHARGE — ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ANO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED OYES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
TAINAGE: RETAINAGE AMOUNT: m� ®RETATNAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAENAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT RE
A❑OJECT MANAGER
IRECTO
RISK MANAGEMENT (IF APPLICABLE)
LAW
COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATED
AUTHORITY,El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
13 ATTACH: SIGNATURE `EXIIIBITS
D CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
Jil LAW DPARTM
E) SIGNATORY (MAYOR L DIRECTOR)
CITY CLERK
ASSIGNED AU,,
COMMENTS:
2/2017
INITIAL.I DAFE SIGNED
H5-
AG# _'7 2 l l
` r1 i �. k
AND
LIMITED RIGHT OF ENTRY
1. This Voluntary Correction Agreement and Limited Right of Entry ("Agreement") is
entered into between the City of Federal Way, Washington, ("City") and MGP XI Commons FW, BG
LLC, a Delaware limited liability company ("Property Owner") on January 5, 2023 ("Effective authorized
Date").
2. Property Owner is the fee title owner of real property with parcel numbers 7622400010,
4000a Dili12, 7622400013,• 4Irr14, 7622400015,• 41117622400017,
4100a 41lr • 7622400025,i •nly known as the CommonsDevelopment,
1 1 S Commons,Federal Way,• 901 fWashingtoni
■ it
4. The Federal Way Revised Code ("FWRC") Section 1.15.050 authorizes the City of
Federal Way ("City") to enter into a voluntary correction agreement with a person causing or
allowing a violation when it determines that a violation has occurred. The City determined that a
violation had occurred on the Property and on November 15, 2022, the City issued a Notice of
Surface Water Management Violation and Order to Correct ("Notice and Order"), which is
attached as Exhibit A and incorporated herein by this reference. The Notice and Order identifies
code violations occurring on the Property, describes the violations, and references the regulations
violated. The Parties agree that the violations described in the Notice and Order are limited to
ground disturbance work that was associated with the development of three retail pad structures
on Property Owner.
impacts5. Pursuant to FWRC 1.15.050(2)(g), Property Owner agrees that the Code Violations
of the violation, the amount of the penalty, or the required corrective action. The Property Owner
agrees to take all corrective actions necessary to correct the Code Violations and remediate the
of •ie Violations including, but • i to, the following:
A. Submit preliminary volumetric basin design compliant with King County Surface Watm
Design Manual ("KCSWDM"), in accordance with the schedule in Section 5.D. Su
volumetric basin design shall include design of any proposed conveyance. i
construct
GALAWFORMS\CodeEnfon;ernent\VCA
C. Preliminary location of the detention system is east of the existing detention pond at the
southwest comer of the Property.
D. Design and installation of the detention system shall be in accordance with the following
schedule:
a. Submittal of initial design package by March 31, 2023.
b. Review and comments on initial design package by April 14, 2023.
c. Review of revised design by May 5, 2023.
d. Design approval by May 31, 2023.
e. Property Owner award contract by June 23, 2023.
f Completion of construction by January 1, 2024.
E. All work to complete the detention system shall be bonded in accordance with the bon'T
documents attached hereto as Exhibit B, which shall be fully executed prior to the Effecti
Date of this Agreement. i
Pursuant to F)VRC 1. 1 5.040(2)(e), Property Owner shall permit the City to inspect the premises
as may be necessary to determine compliance with this Agreement.
6. FWRC 1. 15.080 authorizes the City to abate the violation upon noncompliance with the
terms of this Agreement. In the event Property Owner fails to correct the above Code Violations
consistent with the terms of this Agreement and to the satisfaction of the City, Property Owner
hereby consents to a search of the Property by the City and its agents, employees, and contractors
to determine if the Code Violations persist, consents to the seizure and disposal of property that is
causing the Code Violations, and grants the City the right to enter the Property and take actions
necessary to abate the Code Violations. Property Owner agrees to hold the City and its officials,
employees, volunteers, contractors, and agents harmless from the Code Violations and the City's
abatement of the Code Violations.
7. If the City corrects the Code Violations, Property Owner agrees to reimburse the City
for all costs associated with abating the Code Violations in accordance with Exhibit B. Property
Owner further acknowledges that should it fail to reimburse the City, the City may file a tax lien
8. This Agreement does not restrict the City's right to bring enforcement actions for future
violations or other past violations at the Property. As of the Execution Date of this Agreement,
there are no other known or pending enforcement actions at the Property to the best of City's B Gj
current actual knowledge, other than that certain violation under order No. 22-105506-VO. Except authorized
as provided in Section 4 of this Agreement, the Parties agree and acknowledge that this Agreement
does not constitute, and is not to be construed as an admission of a violation of the FYv'RC, for any
future permit applications at the Property. This Agreement does not restrict the Property Owner's
ability to seek an adjustment pursuant to FWRC 16.30 with respect to the requirements of Section
5 of this Agreement.
Im
GALAWFORMS\Code Enforcement\VCA Following a NO -rev 201 8-01.docx NOVEMBER 2019
9. Upon final execution of the bond documents in Exhibit B and this Agreement, the
pmrohibition on City issuance of permissions and approvals on the Property in FWRC 16.15.034,
shall be lifted and permissions and approvals may be issued for projects on the Property.
10. If Property Owner corrects the Code Violations as provided in this Agreement and
maintains the Property free of any violations for two years 6* the date the Property is brought
into compliance; the City will waive all monetary penalties associated with the above mlWenced BG
Notice and Order and City shall provide Property Owner with written confirmation of the authoriz
expiration and release of this Agreement. As of the Execution Date of this Agreement, the City
acknowledges there are no monetary penalties associated with the above referenced Notice and
Order. Should Property Owner fail to comply with any portion of the requirements of Section 5 of
this Agreement, monetary penalties shall accrue as provided in FWRC 1. 15.040.
11. Property Owner and for Property Owner's heirs, executors, administrators, successors
mr�_ �_K the Citw of Federal W - its officials emyJ_Qy&.a
volunteers, contractors, and agents of and from any and all claims, actions, causes of action-,
demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which
It'roperty Owner has on account of or in any way growing out of the violation or the City's
abatement of the violation.
12. This Agreement constitutes the entire agreement of the parties. Any amendment to this
Agreement must be made in writing and signed by both parties. This Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective successors and assigns.
13. This Agreement shall be interpreted and enforced according to the laws of the state of
Washington. The venue for any dispute arising from this Agreement shall be in King County,
Washington.
14. This Agreement may be specifically enforced in King County Superior Court. In any
fispute over this Agreement, each party will pay its own costs, including attorney's fees.
EFZMEM���
G:\LAWFORMS\Code Enforcement\VCA Following a NO -rev 2018-01 -docx NOVEMBER 2019
C de Enforcement Officer Date
I declare that I have read and fully understand this Agreement and acknowledge that it involves
my legal rights. I have had an opportunity to review this Agreement and consult with an attorney
-tito=V-tis&Vreement. I warrant that I have authority to enter into this AgreemenL
MGP XI COMMONS FW, LLC,
J
By: Merlone Geier X1, LLC,
a California limited liability company
its Manager
Date: -I 412-01;'2, -
Address:
MGP XI COMMONS FW, LLC
c/o Lease Administration
425 California Street
10th Floor
San Francisco CA 94104
By•
Bradley A. Geier, its Chairman
VoWntary Correction Agreement 4 MHL 12-28-22
and Limited Right of Entry
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness; accuracy, oof that document.
STATE OF CALIFORNIA
County of 0
tq VI&S, Ald jLn r-1 P14bliC,
OntCehlb-t'l- ;8j U22-before'4-
Date (insert name and title ofth, officer)
personally appeared
who proved to me on the basis actb;,y evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
am=
Signature:
Voluntary Correction Agreement
and Limited Right of Entry
M
50809A A, DAWS
Notary Public - Caffrif Ila
San Diego County
Commission 0 2391306
My Comm. Expires Apr 28, 2026
KNOW
EXHIBIT A
(November 15, 2022 Notice of Violation)
Federal Way. WA 98063-9718
(253) 8354000
om
11118DTMMMLTZ+ tlli';
Re: Notice of Surface Water Management Violation and Order to Correct
Commons Mall Development, 1750 S Commons, Federal Way, WA 98003
Parcel Numbers: 7622400010, 7622400011, 7622400012, 7622400013, 7622400014, 76224000
7622400016, 7622400017, 7622400018, 7622400019, 7622400025
Permit#. 21-105280, 21-105282, 22-101773 1
This letter serves as a formal Notice of Water' Quality Violation and Order to Correct for the above -referenced
parcel due to its violation of the Federal Way Revised Code (FWRC) Title 16, Surface Water Management.
2 202-2 �qlcase see
listed
above, we are issuing this violation letter. City of Federal Way Development Services (DS) staff identified the
following violations:
1. Non-compliance with 2021 King County, Washington Surface Water Design Manual (KCSWDM) as
your project is a regulated activity that disturbs 7,000 square feet or more of land and it adds/replaces
2,000 square feet or more of impervious surface (FWRC 16.15.010 & 16.20.010). As a regulated activity
that is required to comply with the 2021 KCS"M and City Addendum you must perform a full
drainage review for the parcels listed above.
You were notified by DS staff in the past multiple times regarding this issue as stated in the November 2" letter.
Compliance with the KCSWDM is required to correct the violations of the FWRC. If such corrective action is nol
taken, the City may pursue further civil and criminal enforcement actions to bring this parcel into compliance
with the FWRC.
I I I I I I I I I! I I I I 11111111111111 , 111"llip! Jill
M123301�� zzu��
1. YiolaLion FWRC 16-15,0 10 — Re, ulated activitlle!�
(2) Projects that add 2, 000 square feet or more of new impervious surface, replaced impervious surface or
new plus replaced impervious surface; or
(3) Projects thatpropose 7, 000 squarefeet or more of land disturbing activity; or
KAAdministration\Day File\Cole ElilliortWerlone Geier Partners 1750 S Commons Violation letter doc
2.
The current version of the King County, Washington Surface Water Design Manual (KCSWDM, the current
accompanying version of the Federal Way Addendum to the King County, Washington Suiface Water Design
Manual, the King County Stornavater Pollution Prevention Manual, and the latest edition of the LID Technical
� t -i exist on the
he
as hereafter amended, are hereby adopted by this reference. They are referred to in this title respectively cis the
KCSWDM, Federal Way Addendum, the KCSPPM and the LID Manual.
11. Corrective Actions
11 Isle (;!&jWa 14 1111111
1. Correct the violations of the FWRC by December 2,2022, or
2. Enter a voluntary correction agreement with the City before the date correction is required above and
comply with the terms of that agreement, or
3. Appeal this Notice and Order as described in Section IV.
"I'll - r♦ I kl
to verify compliance and to cease further legal actions from being taken by the City. In order to ensure
compliance, follow-up inspections will be made on a random basis and without notice.
You may seek an extension ofthe ordered date of compliance a6ove; However, an e 1111177nTy '71njNT
granted if there is good cause such as unforeseeable circumstances that render completion impossible by the
ordered date of compliance. Please submit your request for an extension in writing to the City of Federal Way
Public Works Department, at the address on this letterhead, prior to the ordered date of compliance.
The City of Federal Way Development Services division will provide, upon reasonable request, additional
technical assistance materials and information, to persons required to comply with FWRC.
111. Voluntary Correction Agreement
If you wish to avoid penalties, but desire additional time for compliance, you may enter into a voluntary
wit C Wease submit iour re uest for a voluntary correction agreement in writing to
31e C173Y
compliance.
I[V. Right to Appeal
In accordance with FWRC 1. 15.060, you have the right to appeal this Notice and Order. All appeals must be filed
in person before 5:00 p.m., or rqqgjygd by mail, at the City Clerk's office by 5:00 p.m. of the 14th day after
service. No electronic appeal submissions will be accepted. The City Clerk's office is located on the second floor
of the Federal Way City Hall, 33325 8th Avenue South, Federal Way, WA 98003.
III INISFURIp
EMOMMEEM
V. Penalties and Abatement
-haarin
you do not comply with a hearing examinei�s order), you may be subjectIo monetay penalty and Oatement
A monetary penalty for each violation shall accrue against you for each day, or portion of a day, on which the
violation continues following the date set for correction. The maximum penalty and the default amount shall be
$100.00 for the first violation, $200.00 for a second violation of the same nature or a continuing violation,
$300.00 for a third violation of the same nature or a continuing violation, and $500.00 for each additional
re cr a civaii-Fui-fg violation in excess of three not including fees, costs, and assessments.
Fhe City may perform the abatement required to bring the property into Compliance. The costs of 4�ent
incurred by the City shall also be assessed as a joint and several personal obligation of all person(§) rcVonsi e
for the violations of the FY;RC. Unpaid abatement costs may result in a lien against the property.
Please contact our Development Services Reviewer, Samir Basmeh, via email at
i3)JI15-2746 if voauestions or concerns.
Sincerely,
ole Elliott, PE
Development Services Manager
NM
Enc.: FWRC Chapter 16.15 & 16.20
November 2, 2022 Letter to ES M Consulting Engineers and Merlone Geier Partners
Accrual Rate of Fines Spreadsheet
cc: EJ Walsh, Public Works Director
Brian Davis, Community Development Director
Rob Van Orsow, Environmental Services Manager
Becky Chapin, Planner
Samir Basmeh, Engineering Reviewer
Laura Bartenhagen, Principal Engineer, ESM Consulting Engineers
Day File
................. ............. Ww"aTer-doi.
Federal Way Revised Code
Title 16 SUR-FACE WATER MANAGEMENT
SURFACE WATER MANAGEMENT'
Chapters: Division I. Surface Water Management
16.05 Surface Water Management in General
16.10 Administration and Enforcement
16.15 Regulated and Exempt Activities
16.20 Requirements
16.25 Approval Standards
16.30 Adjustments
16.35 Ownership, Operation, and Maintenance Requirements
16.45 General Water Quality and Enforcement
16.50 Discharges into Federal Way Waters and Storm Drainage Systems
16.55 Best Management Practices
I Cross references: Streets and sidewalks, FWRC Title 4, Division 11; storin and surface water utility, FWRC Title 11, Division
111; storm drainage requirements for subdivisions, FWRC 18.60.080; public use easements, FWRC 19.05.330 [and modification
restrictions and requirements, Chapter 19.120 FWRC; commercial and industrial uses site plan requirements, FWRC 19.125.170
regulations regarding public improvement master plan or special design guidelines for a particular area, FWFRC 19.135.010; floo
damage prevention, Chapter 19.142 FWRC; administration of the provisions regarding environmentally critical areas, Chapter
19.145 FVIRC, Article 1; supplementary zoning district regulations, FWRC Title 19, Division VII. I
Federal Way Revised Code Page 2/4
Chapter 16.15 REGULATED AND EXEMPT
ACTIVITIES
Chapter 16.15
P�T
Sections:
16.15.010 Regulated activities.
16.15.020 Exemptions.
16.15.030 Application of title to regulated activities.
16.15.010 Regulated activities.
The following projects or activities are subject to the provisions of this title:
(1) Single-family residential; or
(2) Projects that add 2,000 square feet or more of new impervious surface, replaced impervious surface or new plus
replaced impervious surface; or
(3) Projects that propose 7,000 square feet or more of land disturbing activity; or
(4) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or
receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; or
(5) Collection and concentration of surface and stormwater runoff from a drainage area of more than 5,000 square
feet; or
(6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed
depression, groundwater recharge area, or other water quality sensitive area, or a receiving water with a documented
water quality problem as determined by the public works director, based on a written map, policy, water quality
monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment
application which is determined to trigger application of this subsection, or based on information developed during
review of a particular redevelopment application; or
(7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface
water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not
discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less
quantities immediately prior to the change in use; or
(8) Projects other than normal maintenance or other than tenant improvements, but including any increase in gross
floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value of
the structure or improvement. The appraisal shall be conducted by a state -certified real estate appraiser; or
(9) Projects proposing $ 100,000 or more of improvements to an existing high -use site.
(Note: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM
in Section 1.1.1.)
Redevelopment projects that are subject to water quality improvements may phase construction of the improvements
as described in FWRC 19.30.120, Nonconforming water quality improvements.
(Ord. No. 10-652, §§ 3, 4, 4-6-10; Ord. No. 09-630, § 8, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 §
21-6)
16.15.020 Exemptions.
The following activities are exempt from the provisions of this title:
(1) Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV General Forest
Practices that are conversions from timber land to other uses; and
- 1 4 . - � WffirrAID1011
(2) Development undertaken by the Washington State Department of Transportation in state highway rights -of -way
is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program.
Fayrfflr- - ri Mzmr�
16.15.030 Application of title to regulated activities.
Prior to the director's approval that the requirements of this title have been met, the city shall not grant any
7wmiai+iY-+r .i"77M'MMF_rdivg r r the followim crofects i volvinjan4=mxgulatei
activity:
(1) Binding site plan (BSP);
(2) Building permit (residential or commercial);
(3) Clearing and grading/land surface modification;
(4) Experimental design adjustment;
(5) Franchise for utility or other right-of-way use;
(6) Preapplication adjustment;
(7) Right-of-way use permit;
(8) Right-of-way improvement modification;
(9) Shoreline substantial development permit;
(10) Short subdivision (short plat) approval;
(11) Single-family residential building permit;
(12) Site plan approval;
(13) Use process 1, 111, or IV approval;
(14) Special use permit;
(15) Subdivision (plat) approval (preliminary or final),-
(16) Zoning reclassification;
(17) Zoning variance.
Regulated activities may be conducted only after the applicant has demonstrated compliance with all the elements of
the appropriate level of drainage review as required by this title, obtained the director's approval, and obtained other
permits or approvals as may be required by the Federal Way Revised Code.
(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-8.)
Federal Way Revised Code Page 4/4
Chapter 16.20 REQUIREMENTS
Chapter 16.20
tiections:
16.20.010 Manuals and addendum adopted.
16.20.020 Stormwater best management practices
16.20.030 Illicit discharges.
16.20.010 Manuals and addendum adopted.
The current version of the King County, Washington Surface Water Design Manual (KCSWDM), the current
accompanying version of the Federal Way Addendum to the King County, Washington Surface Water Design
Manual, the King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical
Guidance Manual for Puget Sound, as they exist on the effective date of the ordinance codified in this chapter or as
ftereafter amended, are hereby adopted by this reference. They are referred to in this title respectively as the
KCSWDM, Federal Way Addendum, the KCSPPM and the LID Manual.
(Ord. No. 21-922, § 1, 11-16-21; Ord. No. 16-828, § 1, 12-6-16; Ord. No. 09-630, § 9, 10-20-09; Ord. No99-352,
3, 11-16-99. Code 2001
I FWRC 19.120.030.
16.20.020 Stormwater best management practices
(1) General. BMPs, as specified in the KCSWDM, KCSPPM, and the LID Manual, shall be used to control
pollution from stormwater, and to comply with the standards in this title.
oil ..-I
L -11111,1611
to construction.
(Ord. No. 09-630, § 10, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21 -10)
16.20.030 Illicit discharges.
Illicit discharges to stormwater drainage systems are prohibited.
CI Y HALL
33325 8th Avenue South - PO BoX 9718
Federal Way. WA 98063-9718
Way (253) 835-7000
wwwtooawerahme, CDM
lok"N= NOW Mo
33400 8th Ave S, Suite 205
Federal Way, WA 98003
RE: Permit #21-105280; 21-105282; 22-101773; Commons Mall Pads F, H and 1;
1750 S Commons;
The Public Works Development Services Division has reviewed the letter dated October 20, 2022 from
you written in response to the city concern for stormwater detention improvements due to the land
disturbance associated with Pads F, H and I development.
Ae submitted letter does not address the raised comment or requirement regarding detention. but in the
last paragraph of page one states it has NOT been met.
- - - - - - - - - - -
The Pre -Application meeting summary, January 2021, and July 151h review all raised this topic as an
outstanding comment. The final submission still did not address it and the cited approval condition 18,
based on representations by ESM, did not require detention PROVIDED that disturbance remained
under 7,000 sf, which has failed to occur.
1. ESM engineer states the applicable stormwater standard is the 2016 King County Surface Water
Design Standard (KCSWDM) instead of the current edition (2021 KCSWDM). Land Use does
not vest a project to a stormwater standard; case law does not allow any project to vest to a
stormwater standard until the point of Temporary Certificate of Occupancy or a full Certificate
of Occupancy. City staff has informed the applicant, in writing, several times of this. One
example, was the last letter sent from Becky Chapin, Senior Planner, on August 8, 2022 with the
City's comments below for Pad H:
In accordance with City of Federal Way Addendum to the 2021 King County Surface Water
Design Manual Section 1. 1. 1. B and Federal Way Revised Code 16.15.010 (2) and (3):
2���M I I ! I I I I I I I I I I I I I I I I I I I! I I I M 11 1 11 11111 �11 I III
(2) Projects that add 2, 000 square ftet or more of new impervious sulface; or replaced
impervious surfaces or newplus replaced impervious surface; or
(3) projects that proposes 7, 000 squarefeet or more of land disturbing activittA
'A
A Full Drainage review will be required for the entire property. This includes parcels:
7622400015, 7622400010, 7622400019, 7622400012, 7622400013, 7622400014,
7622400016, 7622400017, 7622400018, 7622400025, 7622400011. As such, a Technical
Information Report must address all nine Core requirements and all five Special
Requirements in accordance with the 2021 KCSWDM and the City of Federal Way
.,Oddendum to the manual.
A second example was contained in a review letter sent from Cole Elliott to ESM Consulting Engineers
on May 17, 2022 in which comment (2) stated:
Why isn't the parking lot shown as a maintenance grind and overlay rather than disturbance of
over 11, 000 sq. ft. land? Once this much land is disturbed then the subject site (Commons Mall)
is required to improve the site detention to meet the 2021 KCSWDM and City Addendum. We
suggest revision to stay well below 7, 000 sq., ft. ofsite disturbance,
2. ESM's engineer considers these projects "redevelopment" and that no detention is required,
however, the City addendum (2016 and 2021) to the manual clearly identifies the term
CQredevelopment" in Section 1. 1. LB projects Requiring Stormwater Review as:
Stormwater Review is required for any proposed project (except those proposing only
maintenance) that is subject to a City of Federal Way development permit or approval, AND
that meets any one of the following conditions (see Figure 1. 1. LB for flow chart):
1. The project adds or will result in 2,000 square feet or more of new impervious surface,
replaced impervious surface, or new plus replaced impervious surface; OR
2. The project proposes 7,000 square feet or more of land disturbing activity; OR
3. The prQject proposes to construct or modify a drainage pipe/ditch that is 12 inches or more in
size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12
inches or more in size/depth; OR
4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as
defined in FWRC 14.05.030 and 19.142.050, OR
6. The project is a redevelopment project I proposing $100,000 or more of improvements to
existing high -use site, OR
7. The project is a redevelopment project on a single- or multiple -parcel site in which the tot
of new plus replaced impervious surface is 5,000 square feet or more and whose valuati I
K \Adrnhiistrafion\Day rdc\CL,1c ElUok6Commons Stwmwater - Diuks Pnd Lercr 1 1-3-M22 commeas-doex.doc
of proposed improvements (including interior li"vements and excluding *uire
mitigation and frontage improvements) ex�ds 50% of the assessed value ofibe exWinl
site improvements.
T1W meaning of to"Clopintnt is tlearly defined in the City's 444pp4um and what needs to be
ajor goritiWator detention (defluition included). This definition is included in both the 2016
and 2021 City of Federal Way Addendum to The King County Surface Water Design Manual.
•irF rp 1 V, o-t *fCi1v Cot'.
I
If you have any questions, you may contact Sarnir Basmeh (Office: 253-835-27461 Email
Samir.Basmeh@cityoffederalway,com) or myself.
Z7 Cole Elliott, IC
Development Services Manager
Cole.Elliott@CityofFederalWay.com
Office: 253-835-2730
MW
cc: EJ Walsh, PE Public Works Director .
Brian Davis, Community Development Director
Becky Chapin, Planner
Sam Basmeh, Engineering Reviewer
Merlone Geier Partners, 457 SW 148th St.; Burien WA 98166
Project File
Day File
KAAdrninistiation0ay ROCale Hiwl\Curnmons Stormwatcr - Clicks Pad Letter 1; -3-2022 comments,doex doc
For -the purposes of this section "Redevelopment project" means a project that proposes to ad
replace, or modify impervious surfaces for purposes other than a residential subdivision
maintenance on a site that is already substantdeMpped in a warmer consiMnt With i
current zoning or with a legal non�coIhg use, or has an �4� impervious 9 t4n
coverago of 35% or more. Tfii f6tlo*ing 00�es illustrate the applltotW of f66 d&,Mfio
(KCSWDM Chpt. 1).
K:\Admrmsla-afion\Day He\Cole OlioMCOMmons Stornwami - Mcks Pad Letter [ 1-3-2022 comments,doex.doc
- _. -.
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EXHIBIT B
(Executed Bond Packet)
Applicant: MGP XI Commons FW, LLC Bond
Project: Commons Mail Pads F, H and I Permit 4: 20-104021
Property Address: 1701 S Commons and Amount: $676,783.76
Federal Way, WA 98003-2569 Cash Deposit Amount: $16,919.59
CITY OF FEDERAL WAY
AGREEMENT AND PERFORMANCE/MAINTENANCE ON
THIS AGREEMENT ("Agreement") is dated effective this 28th day of December, 2022.
The parties ("Parties") to this Agreement are the City of Federal ,ay., a Washington municipal
corporation ("City"), and MGP X1 Commons FW. LLC., a Delaware limited liability company
("Applicant").
AThe Applicant is required to perform certain work and/or complete certain
storm water improvements in connection with a Voluntary Correction Agreement ("VCA") to
resolve the November 15, 2022 Notice of Surface Water Management Violation and Order to
Correct (NOV"), including design and installation of an approximately 31,000 cubic foot
detention system at the above referenced address located in Federal Way, Washington;
B. The improvements will be constructed and/or the work performed in accordance
%Nith the schedule and requirements in the VCA, and the record drawings and approved plans on
file with the City ("Plans")-.
C. The City has determined that the Applicant must post security with the City
pursuant to Federal Way Revised Code ("FWRC") 19.25 as now existing or hereafter adopted or
amended, to guarantee Applicant's performance of the required construction of improvements or
perform'ance or work, maintenance or repair in accordance with the VCA and Plans as a condition
of the VCA.
ments. Applicant shall construct all improvements and • all
ntain
BE -all on
occlyanc,TT'an �-7,1CUTF741-71-57VI-M,
law, rule, or regulation.
2. The Applicant shall complete the Work to the City's
22,+&f zr.4.4waw-- .. within the tim period prescribed U the Cit , and in full
compliance with the Plans, including any approved amendments thereto, and in conformance with
Al applicable laws, rules, •' regulations.
3. Performance/Ma' �. Applicant shall deliver the fully executed
Performance/Maintenance Bond to the City. in the form attached hereto as Exhibit A and
Agreement and Performance, MHL 12-28-22
Maintenance Bond
incorporated by this reference ("Bond"), to guarantee Applicant's performance of the construction
of the improvements and/or maintenance of the improvements pursuant to the Plans.
4. 1 . If the Principal constructs the improvements in accordance with
the terms of the Bond, VCA, Plans, and all applicable law. the sum of the Bond shall be reduce4-
��sr-ycvtv *geryy,-tf. J74%) ?Jcj:;��c &Fofthe-h*MVrOWMCnt3-�,
MIMMMOMM MUMMU MaTME
S
in 1UH JUIAX UHU CIICQL 11JJ1 L
and
approval of the improvements and performance of the maintenance, the City will release the
remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond
attached hereto as Exhibit C.
5. Ri2ht to Comolete Work. In the event the Applicant fails to perform the Work. the
City may, but in no event is It obligated to, request the disbursement of the Bond from the surety
qsary IJDo-t; demand. Ai-ilicant airees toiai the Citi an amount
the Bond.
6. Notice. The Public Works Department of the City shall be given forty-eight (48)
hours notice prior to the commencement of the Work.
7. Indtirinificaflon. Applicant agrees to indemnify and hold the City, its elected
officials, officers, employees, agents, and volunteers harrnless from any and all claims, demands.
losses, actions and liabilities (including costs and attorney fees) arising from. resulting, or
of the Work pursuant to Section 5 herein,
8. Administrative Cash Der)osll� In addition to the amount of the Bond. Applicant
7,grees to pay a cash deposit to the City pursuant to FWRC 19.25.060, upon the execution of this
Agreement equal to the following percentages of the amount of the Bond:
Amount of Cash Denosit
5% of and (minimum $2,000)
4% of Bond
3% of and
2 1/2% of and
The cash deposit may be used by the City to cover its actual expenses in administering this
Agreement and, if necessary, collecting and using the proceeds from the Bond. Additionally, the
deposit may be used to pay for outstanding fees associated with the project.
Agreement and Perfonnancei 2 MHL 12-28-22
Maintenanec Bond
9. Remedies Cumulative. No remedy provided for by this Agreernent shall be deemed
exclusive, but shall be deemed cumulative and in addition to every other remedy available to the
,*C�4-f 4�VMI�iWzg� if i ' d
?,mount of the Bond.
10. General Provisions. This Agreement may not be amended except by written
agreement signed by the Parties. Any provision of this Agreement which is declared invalid, shall
not invalidate the remaining provisions of this Agreement. The failure or delay of the City to
declare any breach or default shall not Nvaive such breach or default. This Agreement may not be
assigned by any Party without the written consent of the other Party. This Agreement shall be
binding upon and inure to the benefit of the Parties' successors in interest. Time is of the essence.
By:
EJ,,W`aJsli, Public Works Director
335 8th Ave S
Federal Way, Washington 98003-6325
IL
I --Z
St6pliarfie Courtney, CC, Cityler
mwx�t # r�
. /R�-�,an4- 1, City AZttorner3-;'-:
4(11.
SIGIV4 TURES CONTINUE ON NEU A4 GE
Agreement and Performance, j I IL 12 -28-22
Maintenance Bond
% 0 1
�ERUI 114.1
By: Merlone Geier XI. L.
a California limited liability company,
its Manager
Date: I � / 2 0 2,2-
By:
Bradley A,. Geier, its hairT2n
Agreement and Performance/ 4 MHL 12-28-22
Maintenance Bond
A notary public or other officer completing this certificate verifies only the identity of th.k
individual who signed the document to which this certificate is attached, and not the
1 truthfulog�� Accuracy, or va idO of that document.
STATE OF CALIFORNIA
County of
On
personally appeared
1�4ti.friju*V.&I.T1 F 'AjR'%.-F
trarc -U_ M 1 -0
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: a4k-a
61— -
-77U�
lit a
Agreement and Performance/ 5 MHL 12-28-22
Maintenance Bond
F,K iq a ej 1 T A
Bond #: 9418097
Proiect: Commons Mall Pads F I H and I
CITY OF FEDERAL WAT
RIGHT-OF-WAY
We, the undersigned MGP X1 Commons FW, LLC, a Delaware limited liability company
("Principal"), 'and Fidelq and ppoottc��,ofMo5qp6d , a corporation
XJP&'y41;h1,& Ms* &rl-rhy
unto the City of Federal Way, a Washington municipal corporation, ("City") in the penal sum of
Six Hundred Seventy -Six Seven Hundred Eighty -Three and 76/100 Dollars ($676,783.76) for the
payment of which they firmly bind themselves and their legal representatives, successors and
assigns, jointly and severally.
This obligation is entered into pursuant to the statutes of the State of Washington and the
or adopted.
The Principal has entered into Agreements with the City dated December 28, 2022, that require
the Principal to post security with the City to guarantee Principal's performance of certain
required construction improvements, namely a stormwater detention system sized to detail
3 1,000 cubic feet, in connection with Permit #20-10402 1.
NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the
manner and within the -time period prescribed by the City, or within such extensions of time as
may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and
material men or women, and all persons who shall supply the Principal or subcontractors with
provisions and supplies for the carrying on of said work, and shall hold the City, their officials,
erson or
property by reason of any carelessness or negligence on the part of the Principal, or any
subcontractor in the performance of said work, and shall indemnify and hold the City harmless
from any damage or expense by reason of failure of performance as specified in the Agreement,
or from defects appearing or developing in the material or workmanship provided or performed
and effect.
V
of time, alteration or addition to the terms of the Agreement or to the work to be performed
we W11 6 w. I'm Mict 1i AiRgoillm
_,�fJFfJVJV I VK
to the terms of the Agreement or to the Work.
'If modifications or changes increasing the
iotal amount to be paid the Principal shall automatically increase the obligation of the Surety on
AqAMW
(25%) of the original amount of this bond without the consent of the Surety.
(a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount
hv e SuL& Tq tke defalult, If tie dc.11--ft i�'flial-ti- i7t c
isNe•
TV TM
to the bond amount Should the Surety elect option (c), the Parties shal I first complete participation
in mediation, described in the below paragraph, pfior to any interplead action.
of the mediation.
F��l 15111FIFIC 1 11111 111111 ill I'll"I 11111111 1 1 111 1
1; 'b 11 111111), WIMOLOW
N
DATED this y .
CORPORATE L OF PRINCIPAL:
MGP XI COMMONS , LLC, a Delaware
/ — NO SEAL limitedliability company
Merlone Geier XI, LL ,
California limited liability company,
its Manager
y:
a -riela Parcella
Its® Executive Managing Director
c/o Merlone Geier Partners
425 California t., I Oth Floor
San Franciscg,,41
(Address)
- -
9000
( o
ACKNOWLEDGMENT
0
A notary public or other officer completing this certificate verifies only the identi of the
individual who signed the document to which this certificate is attached, and not the
trtAhiness! accuE�Y, or of that document.
STATE OF CALIFORNIA
County of 'Se-%, E-w-,C-!:Sco
C'
On 6 before me,
(insert name and title oft e officer)
roiersonal ly appeared C"-)*A01r%jM
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
OEM
Signature:
a
EWAOM PRIOST
Notary Public - California
540 Franctco, coujity
COMMkSiOn 9 M 1154
*my Comm Expires Oct 16, 2026
Seal
ROVED APPAS TO ORM:
OR JRyan ltalf,city Xttor 6z
0
SURETY:
Fidelity and Deposit Company
a ggaMation
Attomey-in-Fact
(Attach Power of Attorney)
Rosa E Rivas, Attomey-In-Fact
2 on
Schaumburg, IL 60196-1056
(Address)
301-741-6949
(Phone)
151 sit] SA 121 ILI I I
A Notary Public or other officer completing this certificate verifies only the identity of the
accuracy, or validity of that document.
-----
MMIMOVEMM
On 2 )� 1 z�02 -- bef6re me VAng�sq Fbng, &j& k&k, personally appeared
Rosa E� Itivas who proved to me on the basis of satisfactory evidence to be the
piwllos* I..,;;,W,4nibu-,—o-w'-;wLArdiwWAT*Kvxa�-a-wj'-�nii x4ztinlelgef (ji, raplk.?o
he/she/#wy executed the same in his/her/#*k authorized capacityoeo, and that by-hi-siher/theif
signature(s.) on the instrument the person(-s), or the entity upon behalf of which the person(.&)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws oft e
State of California that the foregoing paragraph is true and correct.
VAN ESSA FCNG
NaPubjj,, - Casra
—
ftmWITNESS my hand and official seal.
4 15.; Cos Angetes CCLMtY
--'msman X 2398C52
ro-n'. ExprE -5 Vi,, 22, 2026
Signature_( )IZL�WA
Signatu e /4—
of Mary Public
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
w mo.,mome
11110
and appoint Rosa E. RIVAS, Samantha RUSSELL, Tracy ASTON, Meghan HANES of Los Angeles, California, its true and taw
agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bon,
m. fylly I zmply, i, all h-tems mi 1w-,irses, 2s if t%ey k21recytuly execute1 -orcl 2cLT�iwle,?ge_0y Ike. regul?ffrly el.cte, r
ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected 0 'cers
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the , e guT ar I y , 01,c t
fficers f the FIELITY ANSIT CANY F MARYLANat its ffice in Odoo wings Mills, Marylan., in their wn pr
persons. I
ooDD DEPOOMPO• D o
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,
of the By -Laws of said Companies, and is now in force.
IN W"ESS WHEREOF. the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th is of April, A.D. 2022.
"'00H64% "04au,
rye,
C
CS
ftr
5F-AL i
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Bw Rohert D. Afurra - v
Kee President
BY: Dawn E. Brown
Secrelary
State of Maryland
County of Baltimore
hit he/she is .Ofqjy!� @ h the said officeriM
svy
'tol '(Ply"
ou'v"
Constance A. Dunn, Not Publ is
W"o
My Commission Expires: July 9.2023
'hwooN
Authenticity of this bond can be confirmed at bondvalidator.zurichna.co m or 410-559-8790
I , 0
"Article V, Section 8,Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
iliulations, undertakinw, or other like instruments on behalf of the Company, and may authorize any officer or any such
ULLUrIlry-111-1di.t LV dILM 111C WlplddW
time."
CERTIFICATE
11 11
III qI11 1111111111111 1111
t . . . . . . . . . .
CASUALTY AND SURETY COMPANY, and the FIDELF1Y AND DEPOSITCOMPAi1Y *F iTfKAYLAr11), CO hereby certity triat tr
roregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
'.he BY -Laws of the Companies is still in force,
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duty called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
... Any such Power or anv certificate thereuLbp—ar—inp. such
facsimile signature and seal shall be valid and binding on the Company."
May, 1994. and the following resolution of the Board of Directors of the FIDELITT A D DEPOSITCWTI-17Aly TF
ineeting duly called and held on the 10th is of May, 1990.
though manually affixed.
�11111111, 111gill 11�1111111111IIII I111111 ;I 111 1111111 111 !111 1 ii 111 111 111 1111 111!1111 1111 F '1 1111 ! 1 11 1111 1111 ''111
Ah�
f
S L t
_000 W.000l
77/9 kA�4_,
By: Mary 1pan, Pethick
Vice President
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zufich Way
&LIV i01i 1-105
it your jurisuiction Mows Wor 1FAUMMITM&M
Authenticity oft is bond can be confirmed at bondv2lidator. zurichni.co m or 410-559-8790
EXH1111111
PARTIAL RELEASE OF BOND #J_q_(t0jL
'The undersigned hereby acknowledges that a portion of the conditions of the Agreenient
and I'ct#'(-)iiinaiiecl aintenance Bond for sNr,% lete.4,1. , have been satisfied an
hereby authorizes the release of an amour t equal o '-'- and NoM 00 l of l rs (, ), �
The remaining funds equaling thirty percent ( 0%) of the cost o1 the work or improvetnents shall
be retained by the City for a period of two (2) years as security for Assignor"s perfor a c of all
maintenance for the above described project and asa guarantee against defective materials or
workmanship in the construction and maintenance:of such improvements.
DATED this day o 2-.
CITY OF FEDERAL _ Am
y:
(Name. Title)
Agreement and Performance/ l l MHL 12-28-22
Maintenance Bond
EXHIBIT C
FULL RELEASE OF BOND #4�0
The undersigned hereby acknowledges that the two (2) year maintenance period has
expired,
that t the work or improvements covered by the Agreement and
Performance/Maintenance
rfo�that Maintenance Bond for have been completed tote City's satisfaction and
that the City is not aware of any defect in workmanship or materials. ccorc bngl ; the
undersigned hereby releases the sit of � and No/10 Dollars ( ). 0310357.1-3
ATE this day of .20
CITY OF FEDERAL Y.
By:
(Name, Title
Agreement and "Performance/ 12 MHL 12-28-22"
Maintenance Bond
MAIL TO:
CITY OF FEDERAL WAY
33325 8th Ave. S.
Federal Way, WA 98003-63215
Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporatil
Property Legal Description (abbreviated): THE COMMONS BSP REC #20070530001634 SD
LYING IN THEN 1/2 OF NW 16-21-4
The undersigned owner of certain real property located in Federal Way. Washington and
legally described as follows:
Full Legal description attached hereto as Exhibit "1" and incorporated herein by
this reference hereinafter "Properh
hereby grants an irrevocable license to the City of Federal Way ("City") and the City's agents.
employees, contractors or representatives to enter upon the Property to inspect the construction
of improvements. the performance of work or to allow the City to perform any necessary
iTv4mm,.z:iw-&#T—avork a] I �cursuant to that certain Ap-reement and Performance/Maintenance Bond
dated December 28. 2022, entered into between the City and the undersigned and incorporated
herein by this reference.
JOR
License I MHL 12-28-22
MGP XI COMMONS FW, LLC,
a Delaware limited liability company
By: Merlone Geier XI, LLC,
a California limited liability company,
its Manager
Date: 0 '212.,
By:
BrAcy A. GeiW'its Chain
License 2 M I IL 12-28-22
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
inddual who signed the document to which this certificate is attached, and not the
truth
STATE OF CALWORN [A
County of
On b_o 2-0 24efore
Date (insert name and t e of the icer)
personally appeared
who proved to me on the basis of iMsfactory evidence to be the person(s) whose name(s) is/are
o t e within instrument and acknowledged to me that he/she/the executed the same
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that th�
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
bUA-A—
Signature.
M
License 3 MHL 12-28-22
*Aulmn
THAT PORTION OF LOT I OF SEA TAC MAIL. AS PER PLAT RECORDED IN VOLUME
97 OF PLATS. PAGES 39 THROUGH 42. IN KING COUNTY. WASHINGTON. MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTCORNER OF THE NORTHWEST QUARTER OF
SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING
COUNTY WASHINGTON,
THENCE ALONG THE NORTH LINE OF LAST SAID SUBDIVISION NORTH 881,16'31"
WEST 1.957.76 FEET,
THENCE SOUTH 0 1 " 13'23" WEST 50.00 FEET TO THE SOUTH LINE OF SOUTH 320TH
STREETRIGHT-OFWAY, SAID LINE DEFINED IN KING COUNTY
RECORDING NOS. 2726484,2726485 AND 2748762, BEING THE TRUE POINT OF
BEGINNING.
THENCE SOUTH 01 043'29" WEST 400.00 FEET ALONG A LINE WHICH IS 901100'001, TO
THE SOUTH LINE OF SAID SOUTH 320TH STREET TO A POINT,-
NWMVV E-M
SAID NORTH LINE OF SECTION 16 TO A POINT:
THENCE SOUTH 01 043'29" WEST 524.32 FEET ALONG A LINE WHICH IS 90,100,001, TO
THE SOUTH LINE OF SAID SOUTH 320TH STREET TO A POINT;
THENCE NORTH 891 6'31580.96 FEET ALONG A LINE %k'HICII IS PARALLEL
TO SAID NORTH LINE OF SECTION 16 TO A POINT ON THE EAST LINE OF PACIFIC
HIGHWAY (I 6TH AVENUE SOUTH) RIGHT-OF-WAYAS DEFINED BY MAP AND
PROFILE BEARING APPROVAL DATE OF MAY 25,1973, AND AS REFERENCED
UNDER KING COUNTY RECORDING NO 1778233;
THENCE ALONG SAID EAST LINE NORTH 01 012'15" EAST 516.90 FEET TO THE
SOUTHERLY LIMIT OF A SFCTION OF EXTRA WIDTH HIGHWAY RIGHT-OF-WAY AS
RECORDED SEPTEMBER 11, 1947 UNDER KING COUNTY RECORDING NO. 3722661,
THENCE ALONG THE SOUTHERLY LINE OF SAID RIGHT-OF-WAY SOUTH 88047'45"
EAST 15.00 FEET.
THENCE ALONG THE EASTERLY LINE OF SAID RIGHT-OF-WAY NORTH 0192"15"
EAST 229.33 FEET -
THENCE PARALLEL TO THE NORTH LINE OF LAST SAID SUBDIVISION SOUTH
88016'31 " EAST 178.36 FEET-,
THENCE PARALLEL TO THE CENTERLINE OF PACIFIC HIGHWAY AS DEFINED BY
MAP AND PROFILE BEARING APPROVAL DATE MAY 25,1973 NORTH 01 012'15"
EAST 178.00 FEET To THE SOt JTII LINE OF SOUTH 320TH STREET (P.S.H. NO. 5)
VIGHT-OF-NNAY AS PREVIOUSLY DEFINED ITHE NORTH ERLY EXTENSION OF LAST
License 4 MIJL 12-28-22
QUARTER 240.68 FEET EASTFRIX OF ITS NORTHWEST CORNER AS MEASURED
ALONG ITS NORTH LINE);
THENCE Al-ONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 88016'3 t" EAST 410.00
FEET TO THE POINT OF BEGINNING;
EXCEPTTH AT PORTION THEREOF CONVEYED TOTHE CITY OF FEDERAL WAY
FOR RIGHT-OF-WAY PURPOSES BY DEED RECORDED MAY 17,2000 UNDER KING
COUNTY RECORDING NO 200005170002-28-
lia6welm W
TRACTS A. B, C, D, E, F, G, 1, J, AND M, CITY OF FEDERAL WAY BINDING SITE PL
NO. 06-100926-00-SLJ RECORDED MAY 30, 2007 UNDER RECORDING NUMBER
20070530001643, IN VOLUME 241 OF PLATS. PAGES 40 THROUGH 52, INCLUSIVE,
AMENDED BY AFFIDAVIT OF MINOR CORRECTION OF BINDING SITE PLAN
RECORDED NOVEMBER 1, 2007, UNDER RECORDING NUMBER 20071101001278. IN
KING COUNTY, WASHINGTON. I
License 5 MHL 12-28-22
