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05-101250
F ILE ‘16, CITY of CITY HALL FederaI Way33325 8th Avenue South•PO Box 9718 Federal Way,WA 98063-9718 (253)835-7000 www.ci tyoffederal wa y.com April 13, 2005 Dini Duclos South King County Multi Service Center 1200 South 336th Street PO Box 23699 Federal Way,WA 98093-0699 RE: File No: 05-101250-000-00-UP; PROCESS III APPROVAL Garden Park II Apartments,28621 25th Place South,Federal Way Dear Ms.Duclos: The City of Federal Way has completed the administrative review and hereby issues approval of the proposal to convert four existing apartment units into four transitional housing units for homeless families. The four transitional housing units are located at 28621 25th Place South in the Garden Park II Apartment Complex.The site plan application, submitted on March 18, 2005,is hereby approved per the enclosed Findings for Project Approval.The remainder of this letter outlines procedures relating to appeals and approval periods for this decision. REVIEW PROCESSES REQUIRED The site is located in a Multi-family Zoning District(RM1800). Social Service Transitional Housing is a permitted use in this zone subject to Federal Way City Code(FWCC)Section 22-669.5.Pursuant to FWCC Article VI,Process III Review-Project Approval,the above-referenced application is hereby approved. PROCEDURAL INFORMATION Unless modified or appealed,this approval is valid for a period of one year and three days from the date of this letter. If no further action is taken within one year and three days of the letter,the decision will expire. One,one-year extension may be granted pursuant to FWCC Section 22-409,only if a written request is submitted to the City's Department of Community Development Services(33325 8th Avenue South,PO Box 9718, Federal Way,WA 98063-9718),at least 30 days prior to the expiration of the decision,and the decisional criteria are met. The project approval and conditions of approval may be appealed by the applicant,any person who submitted written comments,or any person who specifically requested a copy of the decision pursuant to FWCC Section 22-397.Any appeal must be in the form of a letter delivered to the Department of Community Development Services(33325 8th Avenue South,PO Box 9718,Federal Way,WA 98063- 9718),and be accompanied by the established fee,within 14 calendar days after the effective date of issuance of this decision.The effective date of issuance of the decision is the date of this letter plus three calendar days,or April 16,2005.The appeal letter must contain a clear reference to the matter being igsY' 4 m,...y rap�n 419 Ms.Duclos April 13,2005 Page 2 appealed and a statement of the factual findings and conclusions of the Director of Community Development Services disputed by the person filing the appeal. The applicant may not engage in any activity based on the decision until the third working day after the time to appeal has expired,pursuant to FWCC Section 22-396. This decision does not waive compliance with future City of Federal Way codes,policies,and standards relating to this development. If you have any questions regarding this decision,please contact Jane Gamble,Associate Planner, at 253- 835-2644. Sincerely, .K61)6:kid- L CeAl-Akr Kathy McClung,Director Community Development Services enc: Findings for 05-101250-00-UP c: Jane Gamble,Associate Planner Eitan and Terra Sichel,28635 26th Avenue South,Federal Way,WA 98003 • 05-101250 Doc.I.D.31221 FILE ih, 401/1: 111fr' CITY OF Fe.ce.ral Wii FINDINGS FOR PROJECT APPROVAL GARDEN PARK II APARTMENTS-FOUR SOCIAL SERVICE TRANSITIONAL HOUSING UNITS File#05-101250-00-UP The following are findings for recommending approval of the proposed four Social Services Transitional Housing Units to be located at Garden Parks II Apartments,28621 25th Place South in Federal Way. 1. The applicant is in the process of purchasing the Garden Parks II Apartment Complex.The apartment complex consists of four wood frame buildings,with a total of 86 residential units. Four of the existing residential units will be converted to social service transitional housing units for homeless families. 2. Zoning for the subject site is Multi-family Residential(RM1800). Social service transitional housing is permitted in the RM zoning district pursuant to Federal Way City Code(FWCC) Section 22-669.5, subject to Process III,Project Approval. The 2000 Federal Way Comprehensive Plan(FWCP)designation for the subject site is Neighborhood Business. 3. Pursuant to FWCC Section 22-669.5,Special Regulations and Notes,item 1,no more than five percent of the units in a multi-family complex may be social services transitional housing. The Garden Park II Apartments consist of 86 residential units.The proposed four units of social service transitional housing do not exceed the maximum number of allowed units. 4. The program will be operated under the authority of the Multi-Service Center,a private,not- for-profit agency,to whom staff are responsible and who will be available to City officials, if necessary,to resolve concerns pertaining to the facility. 5. The proposed four transitional housing units in the 86-residential unit apartment building will not create unreasonable impacts on traffic,public utilities and services, or on nearby residences. 6. The Garden Parks II Apartment Complex has adequate off-street parking and the appearance conforms with the character of surrounding uses. 7. Prior to occupancy,the four transitional housing units will be in compliance with applicable health, fire,building, and safety requirements. 8. The applicant is required to obtain all licenses and/or approval as required by the state. 9. The subject property is located on the corner of a principal arterial(Military Road South)and a minor arterial (South 288th Street).The site is in close proximity to and has convenient access to,public transportation, shopping,health care providers,and other services and facilities frequently utilized by the residents of the property. 10. The applicant has submitted a written management plan,approved by the governing agency, which meets the administrative standards,specifications,and requirements.This management plan is adopted by the Director of Community Development Services and is on file in the City Clerk's office.The written management plan for the social services transitional housing units shall be followed and have the full force of the Federal Way City Code. 11. The proposed four units of social services transitional housing have been determined to be consistent with the FWCP,with all applicable provisions of the FWCC,and with the public health,safety, and welfare.The proposed development is consistent with Process III,Project Approval,decisional criteria required under FWCC Section 22-395(b). The proposed,four units of social services transitional housing have been reviewed for compliance with the FWCP,pertinent zoning regulations,and all other applicable City regulations.This decision shall not waive compliance with future City of Federal Way codes,policies,and standards relating to this development. Prepared by: Jane Gamble,Associate Planner Date: April 8, 2005 Findings for Project Approval 05-101250/Doc.I.31222 Garden Park II Apartments—Four Social Service Transitional Housing Units Page 2 RAL FE°: FEDERAL WAY FIRE DEPARTMENT 31617 1st Avenue South Federal Way, Washington 98003-5201 FIRE DErr April 6, 2005 To: Jane Gamble RE: Garden Park 2 Apartments/05-101250-00-UP There is an existing substandard fire alarm system in all of the buildings that will be required to meet current requirements of the National Fire Alarm Code. Sincerely, Chris Ingham Deputy Fire Marshal Phone: (253) 839-6234 or (253) 927-3118 • E-mail: info@federalwayfire.org • Fax: (253) 529-7206 An Equal Opportunity Employer Management Plan — Social Service Transitional Housing Applicant Information: a. Project Name: Garden Park 2 Apartments b. Project Address: 28621 25th Place S, Federal Way, WA 98003 c. Agency/Applicant Name &Phone Number: Multi-Service Center(253) 835-7678 d. Agency Address: 1200 S 336th Street, Federal Way, WA 98003 Emergency Contacts a. Primary contact for the Overall Management: Gaye Barrett/Susan Rice, (Principal/Property Manager) Quantum Management Services (425-766-1294). Dini Duclos, Executive Director(Owner and Service Provider) Multi-Service Center(253-835-7679 b. Names and phone number of 2 emergency contacts available on 24 hour basis: Susan Rice (425-478-8508) (to be replaced with on-site Resident Manager upon acquisition of the property. Dini Duclos (253) 350-2729) Project Overview: Overall description of the project, including type of housing, clients, targets, length of stay, school aged children, maximum number of residents. Garden Park 2 Apartments consists of 4 wood frame buildings, 2—3 stories in elevation, with 86 residential units being a mix of 1 and 2 bedroom units, and 1 3 bedroom unit which will be a common area manager's unit. Although built in 1977-80, due to years of deferred maintenance, the Project is in need of major renovations. MSC Garden Park 2, LLC (of which Multi-Service Center is the managing member) has entered into a Purchase and Sale Agreement with the Seller and anticipates acquiring the Property on or before June 30, 2005. The typical current tenancy involves small families and individuals, or individuals living as co-tenants. The tenant mix is a wide cross section of ethnic and racial backgrounds including Asian, Pacific Islanders, African American, Eastern Europeans and Caucasians. Most tenants appear economically distressed and upon inspection it was noted that many units were occupied by single mothers with children. The sponsor expects that due to the location and income targeting planned for the renovated units that th btililvEley 05 - 101250 M R 1 8 2005 • CITY OF FEDERAL WAY BUILDING DEPT. continue. We look forward to improving the deplorable conditions of the existing 86 dwellings for these residents. The rehabbed units will be vastly improved versions of the current mix of units (61 one bedroom, 24 two bedroom, 1 three bedroom) still inviting minorities, single mothers with children, and individuals in shared situations to habitat the Project. As designated by sponsor commitments under the WSHFC LIHTC program, 20% of the units will be designed to accommodate persons with disabilities. In addition 9 of the units will be set aside for Transitional Housing(Homeless under WSHFC 6A. definitions). Due to City of Federal Way zoning requirements, 4 of these transitional units will be targeted towards families, while the remaining 5 will be tar eg ted towards familiesjvho are victims of do it vicaciare MSC's purchase and rehab of this 86 unit Garden Park apartment complex will increase service enriched housing for King County, specifically south King County, by setting aside 4 service enriched units, four transitional housing units for homeless families and 5 units for homeless victims of domestic abuse. MSC's transitional housing targets homeless families of 1 or 2 adults with 1 or more children living with them who have been in MSC's emergency shelter. The DV population will be women with children who have been impacted by domestic violence and whose complex needs require extra case management support. All families will be low to very low income, are typically on TANF or have minimal employment income, and many receive Food Stamps. Education is split almost evenly between non-graduate, high school/GED graduate and post secondary education. MSC's current transitional housing families are racially and ethnically diverse: 13%African American, 7%Pacific Islander, 16% Hispanic, 5%Native American, 58% Caucasian, 1% Other. DAWN's families are equally diverse, and both agencies often serve immigrants or refugees. We will target families who have a history of working with our own or another agency through a shelter program, to help those families capitalize on forward momentum in their quest for permanent housing. Families of the 9 units will undergo a comprehensive assessment, must challenge themselves to establish and consistently work on individualized goal plans, must participate in ongoing case management and must abide by specific program rules. In MSC's experience, families usually stay in transitional housing an average of 18 months. As affordable housing becomes more limited and the competition for available units greater, however, families are staying closer to the 24 month limit set by our current funding sources. A conservative estimate thus means that nine families would be served the first year, with a full turnover of families taking place approximately every two years. To provide stability for these newly self sufficient families, they will be able to transition in place into permanent housing within Garden Park if they are ready prior to 24 months. To solidify their gains, MSC and DAWN will follow them with enriched housing services as needed while they are in permanent housing. Once a family transitions in place and their service needs end, another unit within the project will be identified as one of the 9 enriched service units for a new family. The schools which current serve the residents of Garden Park 2 are Valhalla (Elementary), Kilo (Middle) and Thomas Jefferson(High). Bus services are available to all of the schools. The units are a mix of 1 and 2 bedroom units. The transitional/homeless units will all be 2 bedroom units and a maximum of 5 residents could reside at one time, although it will be more likely a 1 or 2 adults with 1 or 2 children. There will be a resident property manager on site. Government Agency Information a. State the full name of the agency and the full name of any local governing board. Multi-Service Center b. Provide a brief history of this agency's experience with similar projects. The Multi-Service Center is a private, not-for-profit agency which has operated in south King County for the last 34 years. The agency's mission is to "help people achieve greater self-sufficiency through self-determination." Current programs include adult literacy services, employment services and a social enterprise job-training program, a coffee shop and catering service called The Perk Up Place. Basic assistance is available through the Food and Clothing Bank and Energy Assistance. MSC administers the State Office of the Long-Term Care Ombudsman Program (LTCOP),which safeguards the rights of adults in long term care facilities. MSC has a rich and varied Housing program which includes a Family Emergency Shelter, transitional housing for both homeless families and individuals recovering from substance abuse, rent assistance, including THOR, and 127 units of permanent, low-income housing, with more permanent housing under development. DAWN(Domestic Abuse Women's Network)with whom MSC will partner for this project, is known for their expertise in the DV field and has provided culturally relevant service since 1980. Their mission is to end domestic violence by providing direct services to battered women and their children, to advocate for changes in society that oppress women, and to educate communities. DAWN provides comprehensive services, including a 25 bed confidential shelter, a community-based program of women's support groups (both English and Spanish), individual safety planning, legal advocacy, court accompaniment, financial literacy training, a 24-hour crisis line, extended stay housing, volunteer and community training, Kid's Club, and community outreach. DAWN has two sites: a program and administrative office in Tukwila and a confidential shelter outside of Tukwila. Most of DAWN's staff are trained advocates and over 40 volunteers take shifts on the crisis line. DAWN has a positive track record in helping DV families move from shelter to permanency and wants to expand their transitional housing to reduce the shelter turn away rate. They will be able to do this through this project. c. Provide an Organizational chart of the Agency d. Copies of Non Profit tax status, agency financial statement and Project budget, state license required for this program and Liability insurance for the Agency. a: � € I � �� ���g �3;°lr "'a s " �� € �� i° # �. �'iz yyY,////// / xi �`T � a ✓a i' ` � � � �,,, .,ten, �l€ c�fvijX� � �� ����§��r;� ?£, 3�r /�✓i �//�� �t ���P��„z ,,,c..,, �, ,. Staffing, Supervision and Security a. Project Staff Case Management for the transitional housing/DV units will be provided by staff from the Multi-Service Center and DAWN, with DAWN providing service to the 5 units identified for victims of domestic violence. These trained, case management staff have experience in providing holistic, goal directed services to homeless families with special needs and in working with community providers. Staff from each agency will be supervised by the respective Supervisory staff at each agency. Both DAWN and MSC have program policies and procedures which address issues affecting the security of the families, the staff and the property. There will be no special security staff. A resident property manager often serves the role of keeping a watchful eye out for issues which need to be brought to the attention of program staff as they pertain to the transitional housing units. b. Staff who will reside at the Project. There will be a resident Property Manager who will reside at the Property as well as a maintenance person. This position will be filled upon the acquisition of the Property. Their main responsibilities will be to rent the units and manage the Property. All services for the Transitional/Homeless units will be coordinated by Multi-Service Center Staff. c. Staff to resident ratio As there are only 4 transitional housing units and 5 domestic violence units case management time devoted to the units will be less than full time, possibly closer to one quarter time for the respective units. d. Staff hiring policies Both MSC and DAWN follow generally accepted hiring practices. Each has a job description which denotes the responsibilities of and qualifications for the case management position. Each has minimal and/or preferred qualifications. Both agencies have a policy of non-discrimination in their hiring practices and both are equal opportunity employers. Each agency does background checks and reference checks on potential employees prior to hire. Both require staff to adhere to terms of client confidentiality as a condition of employment. Both agencies have written personnel policies and procedures to which employees are held accountable. e. In-service training policies for staff Both agencies make available to staff opportunities to obtain additional knowledge as it pertains to their jobs. MSC offers in-service at their staff meetings on a variety of topics, from safety, to cultural awareness, to communicating with challenging customers, to presentations by agencies in the community to which staff can make referrals. f. Contractor consultants MSC will contract with DAWN to provide comprehensive and specialized case management services to the 5 Transitional/Homeless units set aside for victims of domestic violence. g. Volunteers MSC does not use volunteers to provide direct services to program participants. Volunteer may be used to provide property maintenance tasks such as interior painting or external gardening. DAWN also uses volunteers in this capacity, including donation of items to furnish the units as necessary. DAWN may utilize pro bono legal services as they are offered. h. Proposed level of Staffing and Supervision: Comprehensive case management will be provided by both MSC and DAWN staff respectively for the transitional housing units and the units set aside for victims of domestic violence. These case managers will be approximately '/ FTE and each will have ongoing supervision by the respective supervisor at each agency. i. Visitor Policy(hours, length of stay)? If not applicable,please explain. Program Rules specify that, in the case of DAWN, there may be no communication or visitation with the DV perpetrator. In the case of MSC,program rules specify that families are responsible for the behavior of their guests, and if guests are to stay overnight the case manager must be notified ahead of time. There is no specified length of time allowed for guest visits and they are approved on a case by case basis. MSC wants to assure that guests do not become unauthorized residents. j. What are the programs house rules to facilitate the orderly day to day operation of the program (noise/disturbance, curfews, housework, cooking, keeping pets, bathroom rules, alcohol policy, etc...). If not applicable to this clientele, please explain. Program rules require that families are responsible for their children at all times and no child under the age of 13 is to be left in the unit unattended. No child of any age may be left alone in the unit over night. All discipline of children must no non-violent and any abuse will be reported to the proper authorities. Program rules specify that verbal or physical abuse towards the case manager, other family members, guests or neighbors will not be tolerated, nor will disruptive behavior of any kind. Both smoking and gambling are forbidden inside the units, and removal of batteries from or disconnecting smoke detectors is grounds for dismissal from the program. All pets are prohibited. Program rules specify that units are to be kept neat and clean enough to foster a safe and healthy environment. Toilets, sinks and washbasins are to be used for the purposes for which they are intended. Nothing may be altered or repaired in the unit without case manager authorization and any maintenance will be provided by the agency. Laundry facilities, if available, are to be used only for the family's personal clothing and bedding. Only authorized vehicles registered to the family are allowed on the premises and major car repairs that cannot be completed in one day are not permitted on site. k. Program Policy regarding Alcohol consumption. If no policy, please explain. Program policies state that no illegal drugs are allowed on premises, including the family members and their guests. Neither family members nor guests may be under the influence of illegal drugs or alcohol, including the odor of or the behavioral signs of drug or alcohol abuse. Violation is grounds for immediate termination from the program. 1. Program Policy regarding keeping of firearms or other weapons. If no policy, please explain. Weapons and/or firearms of any kind, including BB guns, are strictly prohibited on premises or person. Violation is grounds for immediate termination from the program. m. Does the Program have at least one operating telephone accessible to all residents? Each unit may have its own telephone, paid for by the participant. n. How will residents be trained in the use of emergency procedures? Please describe. The common areas will have working fire extinguishers and units will have the appropriate smoke detectors. Families are instructed as to the importance of each. Garden Park residents will have the phone number of both the case manager and the resident manager to use in case of emergencies. o. If the program will operate as a safehouse for victims of domestic abuse or violence, has the local policy department been alerted? Have they reviewed the security plan for the site? These units are not operated as a safe house for victims of domestic violence. Program and Case Management a. Describe specific elements of the case management plan that will apply to the Program (substance abuse and other counseling, health or medical assistance, employment or job training, child care, food and clothing, financial assistance, transportation assistance, etc...) MSC has a long and successful history of housing development, including purchase, rehab, new construction and management(currently 127 low and moderate-income units, with over 200 new units in various stages of development,) as well as substantial experience in providing service enriched housing through our emergency family shelter, family transitional housing and SRO housing for men and women in recovery from substance abuse (52 units total.) The service enriched units in this Federal Way apartment complex will be nine 2 bedroom units spread throughout the 86 unit complex. In this partnership MSC will own and operate the housing and provide comprehensive case management for the four transitional housing units. We will sub-contract with DAWN(Domestic Abuse Women's Network)to provide case management services for the 5 DV units. While DAWN has substantial experience with the programmatic aspects of transitional housing, they are not experienced in housing development and management. Through this partnership, MSC will increase the number of transitional housing units overall for south King County and help DAWN expand their housing by dedicating 5 of our 9 transitional housing units to domestic violence victims. The foundation of our shelter transitional housing is intensive, goal directed, comprehensive case management service provided by certified Family Development Specialists who work with families on self-identified goals which lead them toward stable housing and self-sufficiency. DAWN also utilizes a goal directed model with strict and supportive monitoring of family progress on goals and includes comprehensive case management, specific domestic violence related counseling, such as children's and adult support group, legal advocacy and representation. Both agencies assist participants to access community services. MSC will screen and place families in the 4 units and provide case management services. DAWN will screen and place families in the domestic violence units and provide comprehensive case management services. Both agencies will use a part time case manager, less than 20 hours per week each. Case management services will be provided in the family units and will include working on specific issues such as: maintaining their home, interpersonal relationships, anger management, depression, anxiety, motivation, handling frustration, self-criticism, listening skills, grooming, self-care,building confidence, communication skills, and developing appropriate leisure time activities. Case managers also may encourage some family members to seek employment or educational services. Families may access MSC's Food and Clothing Bank in Federal Way. The Family Development Specialist's role is to help participants assume responsibility for accessing the help they need and to monitor their progress through regular goal plan review. Employment services will be provided by MSC staff and include resume writing and interviewing and job search skills. Financial management training classes are offered by MSC, or can be provided one-on- one in the family unit by MSC staff. MSC offers Literacy services including ABE, GED and ESL classes or individual tutoring. The Community Room at Garden Park can be used for workshop formats. b. Describe screening and intake procedures Please see the attached Occupancy Policy attached as Exhibit C. c. If this housing is transitional (as opposed to emergency),how will residents be assisted in locating permanent housing Residents can remain at the site as long as the next available 2 bedroom unit is designated Transitional. In addition, MSC and Quantum Management have referral procedures which would refer them to other properties either owned or managed by Quantum. d. If this housing is emergency(as opposed to transitional), how will clients be referred to appropriate agencies or programs? Not Applicable. e. What local and regional social service programs and community support groups will the agency or staff collaborate with to provide maximum benefit to the residents? MSC has been part of several successful service collaboratives in the areas of Employment (Community Jobs), Literacy(Federal Way School District), Food & Clothing Bank(South King County Food Coalition), as well as Housing(the Nike Shelter, the past South County Housing Alliance.) Although we have worked with DAWN in the past on committees and have made referrals to DAWN, this is our first formal collaboration with them. Our service philosophies are similar and we are confident that the partnership will be successful. f. Please describe grievance procedures for residents and staff. Both MSC and DAWN have written grievance procedures for staff in their agency policies and procedures. MSC, for example, directs staff to address concerns with the individual involved prior to filing a formal grievance. Following this, if necessary, staff will write a written grievance with the immediate supervisor, who will hold a face-to-face meeting and respond within 5 working days. Staff may thereafter ask for a meeting with the Chief Executive Officer if they are not satisfied with the response, who will acknowledge the grievance and indicate the time necessary to investigate. A written response will be provided no later than 14 days from acknowledgement. MSC also has a written Customer Appeal and Complaint Procedure which outlines similar steps. The customer may appeal a case manager decision in writing within 2 days of the action or decision disputed. The supervisor will review the decision and render a decision in keeping with MSC policies and procedures. In the case of a complaint, the customer's written complaint will be reviewed by the supervisor within 7 days. If the customer requests further consideration, that request may be made in writing to the appropriate Program Director. There is no discrimination against any customer or MSC employee or volunteer for their part in the presentation of any complaint. g. Describe exiting program and eviction procedures, if applicable. Upon program exit all participants are given an exit survey to assess services provided and to gather information about their whereabouts upon leaving the program. They are asked to sign an Exit Contract which allows MSC to contact them on a quarterly basis and to release information to specified people in an effort to help the family in the future. Participants are aware upon entry into the program that specific actions will be grounds for immediate termination from the program, including but not limited to, possession or use of drugs, alcohol, possession of weapons, gambling, and prostitution. Other actions may be grounds for termination and are also specified in writing at the time of program entry, such as unattended minors, unauthorized guests,pets, unhealthy or unsafe units, consistent rule breaking, failure to pay program fees agreed to or participate in case management are also possible grounds for termination. Families will be notified in writing of the decision that they will be terminated from the program. The case manager will confirm that termination is warranted before taking this action. All details are noted in the case file. There is a detailed written procedure for immediate termination and potential termination. All terminations will conform to the requirements of landlord/ tenant law. h. Do any of the residents have medical or physical restrictions needing specialized attention? If so, please explain. These service enriched units are not targeted toward participants with specific medical or physical restrictions. Property Information and Management a. How does the facility comply with applicable requirements for health, fire building and safety requirements? The balconies at the Project currently do not meet code requirements and as part of the rehab this will be replaced. Trace amounts of lead based paint were found, however, the locations are on the 2nd story exterior paint. Enhanced venting of the units is required, which will assist in long term mold prevention. In addition, Asbestos was found in the vinyl, which will be abated and removed and asbestos suspected in the popcorn ceiling and wall joints will be encapsulated and painted. b. Are there federal or state requirements that apply to this facility, such as handicapped accessibility via the Americans with Disabilities Act (ADA)? If so, how with the facility comply? Currently there is substandard ADA access to both the Manager's office and social recreation areas, nor are any of the individual units designated for the handicapped. As part of the rehab plan, 17 ground floor units would be designated ADA accessible, pursuant o the Washington State Housing Finance Commission guidelines. Likewise, the common areas, including the community building and pool area would be repaired to allow for wheelchair access. c. Describe the plan for maintenance and sanitation of the rounds and facility. Garden Park consists of 4 wood frame buildings, 2 — 3 stories in elevation, with a mix of 1 and 2 bedroom units. Although built in 1977-80, due to about 15 years of deferred maintenance, the Project is in need of major renovations. It has a community room which, when rehabbed, will be used for the Management offices, as well as by the residents for recreational purposes. There is a community pool in disrepair that will be brought back to life. The common area laundry facilities have been abandoned by current ownership and these units are currently used for building storage. Due to the lack of tenant storage in the individual units and the Property overall, part of the rehab plan would be to restore these laundry spaces and provide commercial capacity washer and dryers for the residents. Currently residents must lease washer and dryers from the current ownership, which burdens residents to handle all the maintenance and repair of these machines due to non-responsive management. As a number of the washer/dryer units are defective and improperly vented, the goal of MSC is to encourage the complete repair of the common area laundry facilities. The current scope of the rehab includes new appliances, new paint, new flooring (which includes removing the asbestos found in the original sheet vinyl), new cabinets, new entry doors, sidewalk and parking lot repairs, as well as mold remediation. Trace amounts of lead based paint were found, however, the locations are on the 2nd story exterior paint. Enhanced venting of the units is required, which will assist in long term mold prevention. In addition, as noted in the Critical Needs Assessment, the current balconies and decks do not meet code and need to be replaced. Landscaping will be enhanced, including the addition of a children's play area Neighborhood Relations Plan and Proximity to Public Services a. Please describe the agency's plan for neighborhood relations. At a minimum, the agency should have a plan to meet with or notify neighborhood residents, describe the program, identify any neighborhood concerns, establish specific methods to address those concerns, monitor the success of those methods and assure that adjustments to program operation will be made as necessary and appropriate to correct any programs that arise. MSC and Quantum Management will be available to meet with the neighbors to discuss any specific questions or concerns they may have. Most of the concerns are usually resolved with understanding that the residents will be screened and there are rules and regulations which all of the residents will be subject to. With the financing associated with the Acquisition and Rehab of Garden Park 2, there is monitoring by a number of Regulators (State, King County, WSHFC) and by the Equity Investor. Furthermore, since MSC will be the Managing Member of the Owner, it is in MSC's interests to make sure that the Property is well maintained and that the residents work together in creating a strong neighborhood environment. b. Explain how the site has convenient access to key places and services such as jobs, bus lines, shopping, health care providers, schools, recreation, and/or other services and facilities that these clients will visit on a regular basis, such as counseling agencies, churches and social services agencies. The nearest Metro bus stop is within 500 feet and there is easy freeway access to I-5. Bus service includes Dial a Ride Transit which offers variable routing in King County and DART, which uses vans that can go off regular routes to pick up and drop off passengers within a defined service area. DSHS has an office in Federal Way and is on a bus line as are St. Francis Hospital and Virginia Mason Hospitals. Employment Security has offices in Federal Way, along with several employment agencies. Green River Community and Highline Community Colleges are in Auburn and Des Moines and Highline also has a campus in Federal Way. WorkSource is conveniently located in Auburn, and a bit farther away in Renton. The property is close to the industrial valley of Kent where manufacturing jobs are available. Employment opportunities in Federal Way are mainly in the service sector and there are many jobs available in the hotel, nursing home and retail sectors. The immediate neighborhood includes a single family residential subdivision to the North and East consisting of modest middle aged homes, a public right of way(Military Road) and a 7-11 convenience store, a Walgreen's Pharmacy and gas station to the West and South. A Safeway is within walking distance, a High School and Elementary School are under a mile away and a Middle School is 2 miles away. Traffic Information a. What is the anticipated trip generation of the Project (number of vehicle trips per day)? The Project currently exists and no changes are anticipated as a result of this Application or by the acquisition of MSC. b. How many parking stalls will be provided on site and how with this number be adequate to meet the parking demand? There are currently 106 parking stalls for the 86 units. This allows a ratio of 1 stall per the 61 one bedroom unit and 1.7 stalls for each of the 2 bedroom units and the common area managers unit. This ratio has proven to meet the parking demand of the existing complex. . y . c. Do you anticipate any on-street parking as a result of this project. Does on-street parking currently exist in the vicinity? Currently there is on-street parking along 25th Street, however there is ample parking on site for the residents. d. Describe the appearance of the proposed parking area will be consistent with the character of surrounding uses. We are proposing sealing and re-striping the parking lot during the rehab of the Project, which will include the marking of ADA parking areas, which currently do not exist at the Project. This will enhance the appearance of the Property. COY OF PROWL.WAY NOTICE OF LAND INIE AFFLICATlON OeNlip how Soolat`savfois" " 'i#artltiorrM Units in Four Existing Residential Units File No.05-101250-00-UP Description: Establish four Social Service Transitional Housing units at Garden Park II Apartments ien: 28621 25th Place South, Federal NN�r ECC • MSC Garden Park II, LLC; 1200 336th Street,Federal Way,WA 98003 Contact: Jane Gamble, Associate pplication Received WWI 18,2005 • IND el h Notice of Awn: K28,2005 Need Complete: ,2005 Due Date: ' . 11,2005 Use Permits) - 1 red by this Ap• Szonn Use Process III Its Known at ,y• Time and Not In this Application: Building Per- rilievemt Environmental Documents are Available at theRlations AAdudress Below:X Yes No and Plans iportieloreneedntfor Project Review amend Con- eiMency Known at will be reviewed for This Time: The projectll pilcable codes and regulations,ro inc with luding FWCC zoning code, environmental protec- tion, and surface and stormwater manage- ment codes; the King County Surface Water Deign Manual and Road Standards; and the Uniform Building, Fire, and Mechanical Codes. The oocial project file is available for public review at the Department of Community De- v�elooppment Services (33325 8th Avenue Soutir, PO Box 9718, Federal Way, WA W063-9718).Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community Development Servic- es by 5:00 p.m. on April 11,2005 Only per- sons who submit written comments to the Di- rsctor, or specifically request a copy of the decision, may appeal the decision. Details of appeal_ procedures procedures for the requested land use decision will be included with the written *Addeo. FWA10.866 Published on March 26,2005. FEDERAL WAY M 111), - Your Community Newspaper - Affidavit of Publication Debbie Kaufman, being first duly sworn on oath, deposes and says that she is the Publisher of The Federal Way Mirror, a semi-weekly newspaper. That said newspaper is published in the English language continually as a semi-weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained at the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way L-866 as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive week(s), commencing on the 26th day of March, 2005 , and ending on the 26th day of March, 2005 , both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. • That the full amount of the fee charged for the foregoing publication is the sum of $90.30 which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090 Subscribed to and sworn before me this 7th day of April, 2005. Notary Public in and for the State of Washington, Residing at Federal Way owluiuirrrrry�' e /4%4g- _ • A '167 tRa••.•' C9 op V`As\A\ 1414 SO. 324TH STREET,SUITE B210, FEDERAL WAY,WA 98003 ■ 253-925-5565 ■ FAX:253-925-5750 MASTEF - AND USE APPLICATION A. DEPARTME_._ _F COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South CITY OF RECEIVED PO Box 9718 FederalF eral Way WA 98063-9718 \IVay � j8 ZQ05 .w 22 5-2607;Fax 253-835-2609 MAR _ www.cityoffederalway.com CITY OF FEDERAL WAY I BUILDING DEPT. APPLICATION NO(S) (� S- j C., 26-U - C - Date O -I Tr- 0 S� Project Name GARDEN PARK 9 APARTMENTS Property Address/Location 28621 - 25th P1. S. , Federal Way, WA 98003 Parcel Number(s) 552900 - 0200 - 09 Project Description 86 Unit Apartment Complex ec4cf.s!-L .1/ A r.. S t cg 40-a--A it J &- -E-ki tt.J(%. 1r, PLEASE PRINT r� Gone l Type of Permit Required Applicant Annexation Binding Site Plan Name: MSC Garden Park 2 LLC Boundary Line Adjustment Address: 1200 S. 336th Street Comp Plan/Rezone— City/State: Federal Way, WA Land Surface Modification— Zip: 98003 Lot Line Elimination— Phone: 253-835-7678 Preapplication Conference— Fax: 253-835-8511 Process I(Director=s Approval) Email: dinid@multi-servicecenter.com Process II(Site Plan Review) Signature: .._-/-Process III(Project Approval) Process IV(Hearing Examiner's Decision) Process V(Quasi-Judicial Rezone) Agent(if different than Applicant) Process VI Kathleen McCusker, SRI SEPA w/Project I Name: SEPA Only I Address: 1200 - 112th Ave. NE, Suite C163 Shoreline: Variance/Conditional Use City/State: Bellevue, WA Short Subdivision Zip: 98004 —Subdivision Phone: 425-454-8205 Variance: Commercial/Residential Fax: 425-455-8546 Email: kathleenm@shelterresourcesinc.com Required Information i Signature: kikk I$) Zoning Designation Owner 'RM Comprehensive Plan Designation Name: GAMS Garden Park 2 LLC • Value of Existing Improvements Address: 7014 Turquoise Drive SW City/State: Tacoma, WA Value of Proposed Improvements Zip: 98489 Phone: 253-588-7653 International Building Code(IBC): Fax: 253-588-2653 Occupancy Type Email: Construction Type Signature: Page#003-August 18,2004 P e 1 of 1 k:\Handouts\Master Land Use Application u ti- e e Center s Helping South King County 1200 S.336th St.,P.O.Box 23699,Federal Way,WA 98093-0699 Families Since 1971 253/838-6810•Fax:253/874-7831•www.skcmsc.com March 18, 2005 Ms. Kathy McClung Director of Community Development Services City of Federal Way 33325 8th Avenue South Federal Way, WA 98063-9718 RE: Garden Park II Apartments Process III Application for Four(4)Transitional Units Dear Ms. McClung: Enclosed please find the required components of our Process III Application for approval of including four(4) transitional housing units for homeless families in the above named property. MSC will be purchasing this property and rehabilitating it so that current and future families will have safe, affordable and decent housing. In addition, as a commitment to help end homelessness in our area, we will be converting four units of the property into transitional housing with services for homeless families. The goal of this program is for families to obtain stability and to be able to remain in place once services are no longer needed. If you have any questions regarding our application,please feel free to contact me at 253-835- 7678 x 101 or Linda Purlee, Program Director at 253-838-6810. I thank you and you staff for your assistance with this project. S'ncerely, Dini Duclos Chief Executive Officer RECEIVED CC: Kate McCusker, Sri MAR 1 8 2005 Linda Purlee, MSC CITY OF FEDERAL WAY BUILDING DEPT. 05 - 101250 Emergency Shelter,Transitional&Low-Income Rental Housing•Federal Way Food Bank•Federal Way Rotary Club Clothing Bank Literacy•Employment Services•Home Energy Assistance Program•Long-Term Care Ombudsman Program Eitan and Terra Sichel 28635 26"' Ave S Federal Way, WA 98003 Director of Community Development Services 33325 8"' Ave S P.U. Box 9718 Federal Way, WA 98063-97I 8 3/29/2005 Re: File No. 05-101250-00-UP(Land Use Application) Dear Director, This letter is written and submitted to serve as a request for a copy of the decision on the land use application (file no. above)when such decision is made, so as to reserve our rights to appeal the decision if needed. We would also like to request copies of the official project file and the Building Permit listed in the notice that was indicated to be a separate action from the Land Use Application. Any information you can provide will be appreciated. This letter is also meant to communicate our concern regarding the proposed land use as "Social Service Transitional Housing". This term sounds, to us,to be a veiled term for"Halfway Houses for Convicted Felons". And, it seems, a great number of them would be able to be housed at the proposed address, if approved. For whatever purpose the application is for, we would like a clearer description of how the land will he used and by whom. lithe term was accurately interpreted to be halfway houses for convicted felons, we would like to object to the application of the land for that use. Our neighborhood is already congested with criminal activity and has enough sex offenders in the area for any one neighborhood to have to deal with. The "Garden Park II Apartments"at 28621 251' PL S is a known drug activity area by local police and those living nearby. As a matter of fact, ALL of 25°' PI, S and S 286th PL, is known to he a "scary"area, and even delivery drivers have told me they were worried about stopping their vehicles on those streets to make a delivery when they, mistakenly, thought our house was there. And that was during broad daylight. We're sure that 911 and police records show, clearly,the types of activities that occur in the neighborhood. We believe that the Director of Community Development Services should be interested and determined to IMPROVE the community's development rather than cause additional detriment to the area by importing more criminals. We ask for your assistance in that regard. Please help clean up our neighborhood. Sincerely concerned, Eitan Sichel and Terra Sichel FILE lkih, CITY OF CITY HALL Federal Way 33325 Feder Avenue South• Box 9718 Federall Way,WA 98063-971718 (253)835-7000 www.cityoffederal wa y.corn April 8, 2005 Eitan and Terra Sichel 28635 26th Avenue South Federal Way,WA 98003 RE: File No: 05-101250-000-00-UP; GARDEN PARK 2 APARTMENTS 28621 25`h Place South,Federal Way Dear Mr. &Mrs. Sichel: The City is in receipt of your March 29, 2005, correspondence regarding the Garden Park II Apartment transitional housing application.Please be aware that the proposed four units of transitional housing would provide long-term housing for homeless families. It is not intended or proposed as housing for "convicted felons." The City understands and appreciates your concern for your neighborhood. In order for you to best understand the nature of the transitional housing that is proposed for Garden Park II Apartments, staff would strongly urge you to contact Dini Duclos,Executive Director of the Multi-Service Center,at 253- 835-7679. Ms.Duclos will be able to fully explain to you the nature of the rehabilitation and improvements that are proposed for Garden Park II Apartments under the new management of the Multi- Service Center. If you would like to request copies of the official project file,please complete the enclosed records request form and return it to the City Clerk.You are welcome to come to City Hall and meet with staff in person to review the official file.Please contact me directly at 253-835-2644 if you would like to make an appointment to review the project file or if you have any other questions. Sincerely, 4-totinh Jane Gamble Associate Planner Enclosure c: Dini Duclos,Executive Director,Multi-Service Center, 1200 S.336th Street,Federal Way,WA 98003 05-101250 Doc.1.D.31139 N 2500-2532 S.286th PI. 4-Plexes 28516 side Ave.S. ❑ 01-Artith ��AResidenceO (- , - f S 9R6th PI '1 f 0115C El " !' = 17 = 0 Subject Property 28623 Military Rd.S. 0 Apartment Complex �� i 28600-28642 25th PI.S. _ r Eill Duplexes Service a 28643 Military Rd.S. m Station Dry Cleaners aED 28719 Military Rd.S. a Convenience Store with Gas Pumps 28718 Milita El Rd.S. S. 288th St. 28815 P• Military Rd.S. t 2519 S.288th St. Residence Parking j o W C Ij RECEIVED III -Pct rV I s-fu l i s `I* Safeway MAR J 8 :2.0O5 al 28810 CITY OF FEDERAL WAY Ili Military Rd.S. BUILDING DEPT. , 1, o«rf C iir o — 101250 , , coN J3 3`� Shelter Resources-Garden Park Q� - � � Phase 1 Environmental Site Assessment Federal Way, Washington $ 0 200 400 I I I AREA MAP �i Approximate Scale in Feet r: o September 2003 21-1-12127-003 SHANNON&WILSON, INC. FIG. 2 0 Geotechnical and Environmental Consultants CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: March 23, 2005 TO: Will Appleton, Development Services Manager Scott Sproul, Plans Examiner Brian Asbury, Lakehaven Utility District Greg Brozek, Federal Way Fire Department FROM: Jane Gamble FOR DRC MTG. ON: Completeness Review: April 7, 2005 FILE NUMBER(s): 05-101250-00-UP RELATED FILE NOS. : None PROJECT NAME: GARDEN PARK 2 APARTMENTS PROJECT ADDRESS: 28621 25TH PL S ZONING DISTRICT: RM 1800 PROJECT DESCRIPTION: Proposal to rehabilitate four housing units for use as transitional housing. LAND USE PERMITS: Use Process III PROJECT CONTACT: SOUTH KING COUNTY MULTI SVC DINI DUCLOS 1200 S. 336TH ST. 0008386810 (Work) MATERIALS SUBMITTED: • Cover letter from Dini Duclos • Management Plan for Social Service Transitional Housing • Site Plan FILE CITY OF Federal Way NOTICE OF LAND USE APPLICATION Garden Park II Apartments: Establishing Four Social Service Transitional Housing Units in Four Existing Residential Units File No. 05-101250-00-UP Description: Establish four Social Service Transitional Housing units at Garden Park II Apartments Location: 28621 25th Place South,Federal Way Applicant: MSC Garden Park II, LLC; 1200 South 336th Street,Federal Way, WA 98003 Staff Contact: Jane Gamble, Associate Planner, 253-835-2644 Date Application Received: March 18,2005 Date of Notice of Application: March 26,2005 Date Determined Complete: March 23, 2005 Comment Due Date: April 11,2005 Land Use Permit(s)Required by this Application: Use Process III Approval Other Permits Known at this Time and Not Included in this Application: Building Permit Relevant Environmental Documents are Available at the Address Below: X Yes No Development Regulations and City Plans to be Used for Project Review and Consistency Known at This Time: The project will be reviewed for consistency with all applicable codes and regulations, including FWCC zoning code, environmental protection,and surface and stormwater management codes; the King County Surface Water Design Manual and Road Standards; and the Uniform Building,Fire,and Mechanical Codes. The official project file is available for public review at the Department of Community Development Services(33325 8th Avenue South,PO Box 9718,Federal Way,WA 98063-9718).Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community Development Services by 5:00 p.m. on April 11,2005. Only persons who submit written comments to the Director,or specifically request a copy of the decision,may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Published in the Federal Way Mirror on March 26,2005. 05-101250 • Doc.ID.31035 t. 40\10......, DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South 971 PO Box 9718 CITY OF Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 Fed e ra I \!llay www.cityoffederalway.com DECLARATION OF DISTRIBUTION I, Re,e , 3,-,alera_ hereby declare, under penalty of perjury of the laws of the State of Washington, that a: Notice of Land Use Application/Action 0 Land Use Decision Letter ❑ Notice of Determination of Significance 0 Notice of Public Hearing before the (DS) and Scoping Notice Hearing Examiner ❑ Notice of Environmental Determination 0 Notice of Planning Commission Public of Nonsignificance (SEPA, DNS) Hearing ❑ Notice of Mitigated Environmental ❑ Notice of LUTC/CC Public Hearing Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Application for Shoreline Management Permit ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ Shoreline Management Permit ❑ FWCC Interpretation 0 Adoption of Existing Environmental Document ❑ Other was 0 mailed 0 faxed 0 e-mailed and/or posted to or at each of the attached addresses on 1, C CL�.c`�,G_ ) _5 , 2005. Project Name (oarcle-n - QI`K I I Aparlr-leilril, File Number(s) 0 5- I D1230- OP /,, Signature ..���/ Date ,-- K:\CD Administration Files\Declaration of Distribution.doc/last printed 2/7/2005 5:07 PM Posted Locations 1. Federal Way Regional Library—34200 1st Way South, Federal Way, WA 2. Federal Way 320th Branch Library—848 South 320th Street, Federal Way, WA 3. Federal Way City Hall—33325 8th Ave South, Federal Way, WA 4. Four On Site—28621 25th Place South, Federal Way, WA a. Military Road South b. South 286th Place c. 25th Place South d. South 288th Street 4 ,'4111k. CITY OF Federal Way NOTICE OF LAND USE APPLICATION Garden Park II Apartments: Establishing Four Social Service Transitional Housing Units in Four Existing Residential Units File No. 05-101250-00-UP Description: Establish four Social Service Transitional Housing units at Garden Park II Apartments Location: 28621 25th Place South,Federal Way Applicant: MSC Garden Park II,LLC; 1200 South 336th Street,Federal Way,WA 98003 Staff Contact: Jane Gamble,Associate Planner,253-835-2644 Date Application Received: March 18,2005 Date of Notice of Application: March 26,2005 Date Determined Complete: March 23,2005 Comment Due Date: April 11,2005 Land Use Permit(s)Required by this Application: Use Process III Approval Other Permits Known at this Time and Not Included in this Application: Building Permit Relevant Environmental Documents are Available at the Address Below: X Yes No Development Regulations and City Plans to be Used for Project Review and Consistency Known at This Time: The project will be reviewed for consistency with all applicable codes and regulations, including FWCC zoning code,environmental protection, and surface and stormwater management codes; the King County Surface Water Design Manual and Road Standards; and the Uniform Building,Fire, and Mechanical Codes. The official project file is available for public review at the Department of Community Development Services(33325 8th Avenue South,PO Box 9718,Federal Way, WA 98063-9718).Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community Development Services by 5:00 p.m. on April 11,2005. Only persons who submit written comments to the Director,or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Published in the Federal Way Mirror on March 26,2005. 05-101250 Doc.ID.31035 Map Date:March,2005 ` GARDEN PARK II 33325 8th City of Federal n\ueSouth Federal Way,WA 98063 CITY OF APARTMENTS This map is intended for use as Federal Way FILE #05-101250-U P a graphical representation ONLY. The City of Federal Way makes no warrenty as to its accuracy. 2 i i/ I g. �! S. 84TH ST. �� -� ( , \ S. 284 \ 0).L.__ \\ S. 284TH PL. `C = i S. 284TH PL. \ < \____ rn j , _ cn / 5TH ST. S. 285TH ST. �— L S. 286TH ST. — _____--\ \ I ui Iw SITE , \ �� occ cn I I ( \ L_ 1 N ��N \. I JI S. 286TH ST. _ S. 286TH PL. � -------Aj-— S. 286TH ST. f-- ' \ i \, \ 7I � I N a' —ui \�V I I- cn Ts-, 1 — _ S. 287TH ST. S' �\ I _j _,)_ I _ " I � _ I of �I I S. 288TH ST.i� S. 288TH ST. r — -� N �' S. 288TH PL. T 1 - 1 ir 1 \ 9 , W > a_ i \ c cc N N // / \ \ / I 5� i � � S.291 ST ST. / P I —1 N \ . 11 i A ,,n, 0.02 0 0.02 0.04 Miles Address: 28621 25th Place South . , • DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 CITY OF � �' � Federal Way WA 98063-9718 Fed e ra l \IIai 253-835-7000; Fax 253-835-2609 www.cityoffederalway.com DECLARATION OF DISTRIBUTION am -Is- hereby declare, under penalty of perjury of the laws of the State of Washington, that a: Notice of Land Use Application/Action ❑ Land Use Decision Letter ❑ Notice of Determination of Significance ❑ Notice of Public Hearing before the (DS) and Scoping Notice Hearing Examiner ❑ Notice of Environmental Determination ❑ Notice of Planning Commission Public of Nonsignificance (SEPA, DNS) Hearing ❑ Notice of Mitigated Environmental ❑ Notice of LUTC/CC Public Hearing Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Application for Shoreline Management Permit ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ Shoreline Management Permit ❑ FWCC Interpretation ❑ Adoption of Existing Environmental Document ❑ Other was (mailed 0 faxed 0 e-mailed and/or 0 posted to or at each of the attached addresses on r Le, 2 5- , 2005. Project Name l; _t-ci er. d rK 4fqr"L rye r.'L 5 File Number(s) d g - )0/.2 Sl) - U ? Signature CiAaAA,, Date -,D5-O 5 K:\CD Administration Files\Declaration of Distribution.doc/Last printed 12/22/2004 3:19 PM CITY OF Federal Way NOTICE OF LAND USE APPLICATION Garden Park II Apartments: Establishing Four Social Service Transitional Housing Units in Four Existing Residential Units File No. 05-101250-00-UP Description: Establish four Social Service Transitional Housing units at Garden Park II Apartments Location: 28621 25th Place South,Federal Way Applicant: MSC Garden Park II,LLC; 1200 South 336th Street,Federal Way,WA 98003 Staff Contact: Jane Gamble,Associate Planner,253-835-2644 Date Application Received: March 18, 2005 Date of Notice of Application: March 26, 2005 Date Determined Complete: March 23,2005 Comment Due Date: April 11, 2005 Land Use Permit(s)Required by this Application: Use Process III Approval Other Permits Known at this Time and Not Included in this Application: Building Permit Relevant Environmental Documents are Available at the Address Below: X Yes No Development Regulations and City Plans to be Used for Project Review and Consistency Known at This Time: The project will be reviewed for consistency with all applicable codes and regulations, including FWCC zoning code, environmental protection, and surface and stormwater management codes; the King County Surface Water Design Manual and Road Standards; and the Uniform Building,Fire,and Mechanical Codes. The official project file is available for public review at the Department of Community Development Services(33325 8th Avenue South, PO Box 9718,Federal Way,WA 98063-9718). Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community Development Services by 5:00 p.m. on April 11,2005. Only persons who submit written comments to the Director,or specifically request a copy of the decision,may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Published in the Federal Way Mirror on March 26,2005. 05-101250 Doc.LD.31035 4. Map Date:March,2005 1 ` GARDEN PARK II City FederalWay 33325r l 8th Avenue nue South APARTMENTS Federal Way,WA 98063 CITY OF This map is intended for use as Federal Way FILE #05-101250-UP a graphical representation ONLY. The City of Federal Way makes no warrenty as to its accuracy. �/ 5 2S 84TH ST. IS.i284 \ / i � / J I „_______ „-/ rs) .i \ \ / 1:../ / . —i 1 S. 284TH PL S. 284TH PL. \ ! - \ \ i J jll t— m \ /J/ • (n 5 / I i / I� TH ST. S. 285TH T. 0 I S. 286TH ST. I wz SITE Ni S. 286TH ST. S.286TH ST. \ S. 286TH PL. — I /" `� � I- 11 73 1 tii \ 73 V.j 1 > 0 I- r-oj I— N' S. 287TH ST. cn j rri / \ �I > tu 1 I , � a z N J / ,,,‘,_ \---- S. 288TH ST. r /„ S. \ S. 288TH ST. vi I -- ui r \ I -a co \ 75 S. 288TH PL ,/ / Mill Lii min _ • o Q M f7 CV i // Irpda 7 \y/ S.291ST ST.>:z) «,''. �' l � AN 0.02 0 0.02 0.04 Miles Address: 28621 25th Place South `\ r/ ..... . ....... ............ ........... ... . . ----,--,,'„". :',,,,,• ••":".":". ":::::-".. ..."--„1:::.::, „...,.. .- . - -, ..,,:. ...:-- . . ----. ............. ...„.:.......... . ,..,„., ...,...„........ N ',-:-- ,!•.•-•,:: .:,-,•'_,?•t! 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Zse- 5 ) (t f ''t-0°3 ,,, r., 32) . 6,4/1S alARAtIQ JoA .7,LL C 1 Po 3&X 3475.4 1 LA•I! w5z0 -/A- `ISI4I37 _ 3(i) ° 5- 2'(J)42 35/ 0•4v17) 8,4x , �5142 Z. 19 4- f'L�(4 �Obj 30) };77,opv13 tf� 2520 S.2�10-t 5i1 F L,, / 1 ^z�ab3 1 i 3 3 I :';20 - PI-retie-Nis po 3 oX y g 3 y 3 S--r4 wAy `t'S)t 4z-� E174 .J S/ClieL1 A 3s Alta S ) 6104171 ''Kco3 4") M/1.04 L 5/4M'1 , 44 '`}I(otv AV 4L 9I. 02l ukg- NJ e- 1 "74-to1-t4 Q 12'f 2,Z. • 3 ::I t ' Map Date:March 24,2005 City of Federal Way City of Tax Parcel 552900-0200 P.O Division Federal Way Ave S. and 300 ft Vicinity Federal3325 ayWa. Federal Way Wa.98063 (206)-835-7000 www.cityoffederalway.com 4222200120 v`v ''' I.- 3322049206 �Q 3322049168 3322049104 7466900140 7466900180 3322049167 3322049077 7466900200 3322049047 4222200110 42222001304222200140 - 4222200160 J N 4222200150 3322049086 3322049036 - _-_ 7466900130 7466900210 i - 42221001404222100130 0271200260 3322049072 q 1011000II b61011030206 0 7466900120 7466900220 I- 0 10003061 611�100�:1i011000 - -, 3322049145 lT 0271200250 3322049126 S 286TH ST _.__ 7466900110 I, 7466900230 4222100110 �, ,. '—" , _ 4222100330 0271200240 _ — 5{290000,)05529 0050 1"-- 529000011- T 29000 ( �� 746690, '.l 7466900240 \ 55 000030 29000020. I Q 42221001000271200230 i \,— r }— 7466900350 ,- - ---/' 7466900360 Q I, 7466900090 7466900250 4222100340 N 42221000900271200220 N,,. 3322049027 1552900007054290000 0 5529000100I52900011p/ I, - __ 552900 090 — 7466900340 7466900370 Ca y----509000107466900080 I 7466900260 S 286TH sr / S 286TH PI_ 7466900330 a_ — — �� = 7466930380 4222100070 I— 5 290001 -----_- 7466900270 I— • 4222100060 4222100080 071200.'4 i7466900070''� N- I ---� 7466900320 N 7466900390 0271 0210 ', j�rr1"""___ —-- r 56290001 7466900060 7466900280 Nll 02712001400271200130 02712001100271200100 3322049166 I 70 Cr':5 2 I 7466900050 I 329000100--`-- 7466900310 7466900400 0271200120 I 5529000200 -_ . 74669002907466900300 7466900410 3 287TH ST 0271200090 Z1 r ------1 C N 17466900040 5!2s0001_ I S 2$7TH ST 0271200040 0271200060 0271200080i — \I N _--- "1 7466900420 0271200050 0271200070 'I� 5'0250001 7466900030I 7466900440 I 7466900430 3322049151 ___1 ------ -I 3999000140 , i L,--` 32204 "-- I , 5529000230 5029000187486900020I 7466900450 3322049137 3322049023 3322049122, 3999000150 3322049161I If- --',_------_ )) I l• 33220490353322049134 �I1. 29�19Q7466900010'\, 7466900460 —— I. , I 3322049135 S 288TH ST S 288TH ST 4222500020 4222500430: — -- g (---_l - -.-- , — 2839200030 4222500030 4222500010 t92000502839200040• 2639200010 4222500420 I I \ ,�i 0421049117 0421049181 2839200020 0421049030 D , }839200060 S 288TH PL 0421049055 4222500410 I 1 r——— 233920007028392007202839200740 4222500220 4222500230 `� 130 2839200080 2839200730 0421049251 -- I 2839200710 Q 4222500210 4222500240 d 42225004001 I 'I 0421049110 ?839200090 28392006902839200680 Q 0 1 I' 2839200100 2839200700 0294500010 M 4222500200 4222500250 M I 4222500390 I I - S 289TH PL N N I 839200110 2839200670 2839200660 0294500020 4222500380 4222500190 4222500260 I'I Ij 839200120co co 2839200000 L 2839200130=2839200650 ----- 0294500030 4222500180 4222500270 42225003701H 0421049037 I 2839200140 N 2839200640 4222500170 4222500280 4222500360 i 0421049100 2839200150 2839200580 2839200630 S • 839200160 2839200600 2839200480 4222500160 4222500290 291ST ST? I i 269800c000 2839200620 I0421049119 839200170 S 290TH ST 2839200470 4222500150 4222500300 4222500350 I 835200180 • • 28392005402839200570r11) 4222500140 4222500340 1I 2839200190 2839200550 a 4222500310 Cl) I 0421049123 839200200 1 J 'I 2839200530 n 4222500130 4222500320 Oa 4222500330L _ — _ — — I 839200210 2839200510 2839200430 — 0421049039 839200220 rn S 291 ST ST 4222600150 M 839200230 2839200400 4222600200 N 4222600140 I1 28392003802839200410 co 2839200390 839200240 Y 4222600190 4222600160 I co 2839200350 4222600130 0421049048 1?839200250 28392003702839200360 4222600180 0421049086 S 292ND ST283 200 310 Note:Customer Provided thier own set 2839200260 2839200290 2839200000 of Mailing Lables for project.This list was ' — — — J 283920027028392002802839200300 prepared as a refrence to check the 1049096 0421049162 t accuracy of the list provided. 0421049062 0421049222 ., 0421049128 ErikE 0421049231 —..�., i_, _r Federal Way City Limits MIN Buffer LA King County Tax Lots N 1116, Federal Way King County Tax Lots selection 1� 037.95 150 225 300 Subject Parcel Feet This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. r DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 CITY OF Federal Way WA 98063-9718 Fed e r ' \I1ay 253-835-7000; Fax 253-835-2609 www.cityoffederalway.com DECLARATION OF DISTRIBUTION 1, _ J r►�a,L x hereby declare, under penalty of perjury of the laws of the State of Washington, that a: p, Notice of Land Use Application/Action ❑ Land Use Decision Letter ❑ Notice of Determination of Significance ❑ Notice of Public Hearing before the (DS) and Scoping Notice Hearing Examiner ❑ Notice of Environmental Determination ❑ Notice of Planning Commission Public of Nonsignificance (SEPA, DNS) Hearing ❑ Notice of Mitigated Environmental ❑ Notice of LUTC/CC Public Hearing Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Application for Shoreline Management Permit ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ Shoreline Management Permit ❑ FWCC Interpretation ❑ Adoption of Existing Environmental Document ❑ Other was 0 mailed 0 faxed (e-mailed and/or 0 posted to or at each of the attached addresses on , 2005. Project Name roerj-e n ` a S f,r*I\,-e rA 5 File Number(s) CD S- )h ), o - U P �y-os Signature Date 3 - K:\CD Administration Files\Declaration of Distribution.doc/Last printed 12/22/2004 3:19 PM CITY OF Federal Way NOTICE OF LAND USE APPLICATION Garden Park II Apartments: Establishing Four Social Service Transitional Housing Units in Four Existing Residential Units File No. 05-101250-00-UP Description: Establish four Social Service Transitional Housing units at Garden Park II Apartments Location: 28621 25th Place South,Federal Way Applicant: MSC Garden Park II,LLC; 1200 South 336th Street,Federal Way, WA 98003 Staff Contact: Jane Gamble,Associate Planner,253-835-2644 Date Application Received: March 18, 2005 Date of Notice of Application: March 26,2005 Date Determined Complete: March 23, 2005 Comment Due Date: April 11,2005 Land Use Permit(s)Required by this Application: Use Process III Approval Other Permits Known at this Time and Not Included in this Application: Building Permit Relevant Environmental Documents are Available at the Address Below: X Yes No Development Regulations and City Plans to be Used for Project Review and Consistency Known at This Time: The project will be reviewed for consistency with all applicable codes and regulations, including FWCC zoning code,environmental protection, and surface and stormwater management codes; the King County Surface Water Design Manual and Road Standards; and the Uniform Building,Fire,and Mechanical Codes. The official project file is available for public review at the Department of Community Development Services (33325 8th Avenue South,PO Box 9718,Federal Way,WA 98063-9718).Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community Development Services by 5:00 p.m. on April 11,2005. Only persons who submit written comments to the Director,or specifically request a copy of the decision,may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Published in the Federal Way Mirror on March 26,2005. 05-101250 • Doc ID.31035 Page 1 of Tamara Fix - Legal Notice From: Tamara Fix To: admin@fedwaymirror.com Date: 3/24/2005 11:45 AM Subject: Legal Notice CC: dgrigg@soundpublishing.com Please publish the following legal notice (Garden Park NOA, #05-101250) in Saturday's (March 26, 2005) issue. Please furnish an affidavit of publication. Thank you, Tamara Fix Administrative Assistant City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 253-835-2602 f e c e e g of c e g e mnt of Community Development Services 3th Avenue South • ,, �� +- )718 Jay, WA 98063-9718 # s %5 MAR COMMLMITYDEVEEI PMEDNSDEPARTIENT MAR 3 0 2005 David Baker 2516 S 288th Street Federal Way, NIXIE 980 1 01 03/29/05 RETURN TO INSUFFICIENT SS UNABLE TO FORWARD BC: 98063971818 *2.226-1 7732-2 5-35 98083x971 0 Ul L JJIJiir.�u___� PO Box 9718 sr' r m fib Federal Way, WA 98063-9718 `� ' � 75 MAR f KARy _ yw o It /ISTAL1A 291347 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT 269800 0220 APR 0 4 2U05 Samwel Mwai 2531 S 288th St#2 j6A Federal Way,WA 98003 MWAI531 TURN TO25 1304 10 03/31/05 RETURN SENDER MWAI MOVED LEFT NO ADDRESS UNABLE TO FORWARD RETURN TO SENDER of Community Development Services LC ;� _ PO Box 9718 '� postisi Federal Way,WA 98063-9718mAR{P. , f z 1 DEvELop 11dENTpFPABi. W�; POSTALIAZ913477 MAR 3 552900 0090 David&Mary Maas 2516 S 286th PI Federal Way,WA 98003 NIXIE 980 1 01 03129105 RETURN TO SENDER INSUFFICIENT ADDRESS UNABLE TO FORWARD ept, of Community Development Services mew �� Federal PO Box 9718 �`'�� der Ways WA 98063-9718 4,2 1 `v t OSP`�,_ AGE O 4u. ' . 'r' :----: POSTALIA191347 mum ) KN' ' uiYfrypEVELOPMD T OEr .. 552900 0120 MAR Timothy Corey&Car Teodorescu-cor RECEIVE©BY 28600 25th PI S COMMUNE DEVELOPMENT DEPARTMENT Federal Way, WA 98003 t AP g 2005 990 NO 1 104 I O0,v0 25/Or�COREY RETURN TO SENDER MOVED LEFT NO ADDRESS UNABLE TO FORWARD RETURN- DC: 90063971019TO SENDER �:`w ..' `~ __ 17.26-14991 ~' - j j j 1 -25-35 99063i,971 £, Jhh?l))l)llI)))11))I)ll)l)1J)1)II))I/11)II))II)1)1))l1l), ! Federal Way, WA 98063-9 1 a -_ _ _ - it#0 ) cm yA 1POSTAUA 111347 269800 0230 AR 2 4, Benson Mbugua 2531 S 288th St#3 Federal Way,WA 98003 900 NO i 304 101 031251 RETURN TO SENDER MWAI MOVED LEFT NO ADDRESS RUNABLE 70 SENDERD BC: 96063971910 *.2226-19109-25- 90O 3%97:19 )1)1)J1JJ1J11)I)I)1,)I))1)1)1))1)))1)),111))1:�,)111;;1)11);,l _ -- r\Lt: y -- -- —- PO Box 9718 � "'' m �- _ ,,.4. AbE 98063-9718 �r` `:' '"" - Federal Way,WA ', „r;i n 1 = ; N 7 M,, RECEIVE (w.,Q,O_ p ' .3 f 'DEVELOPMENT DEPART-men- .�' / ��"• MAR 3 � 4 POsTALIA 291347. 02 .0 ((ole 746690 050 Brian& 1' Beth Clement 3440 W ut Ave cui Seattle 981 NIXIE 900 1 01 03/28P RETURN TO SENDER NOT DELIVERABLE ASwpRDRESSED • I ti- e e Center S Helping South King County 1200 S.336th St.,P.O.Box 23699,Federal Way,WA 98093-0699 Families Since 1971 253/838-6810•Fax:253/874-7831 •www.skcmsc.com Pr 05 - 101250 March 17, 2005 CoAsk TO: City of Federal Way Federal Way City Hall Community Development Services 9 Federal Way, WA 98003 01L,? 1 8 Z005 Re: Process III Application CITY QF FEDERAL WAY MSC Garden Park II BUILDING DEPT. This receipt document certifies that the Multi-Service Center hand delivered ONE (1) signed, original with attachments and the application fee of$2,590.50. FE 0 . __1 v�-« SO Print Name Signature Date and Time Emergency Shelter,Transitional&Low-Income Rental Housing•Federal Way Food Bank•Federal Way Rotary Club Clothing Bank " ) Literacy•Employment Services•Home Energy Assistance Program•Long-Term Care Ombudsman Program fi ! • A. DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES RECEIVED 33325 8`h Avenue South PO Box 9718 CITY OF Federal Way WA 98063-9718 Federal Way MAR 1 8 2005 253-835-2607;Fax 253-835-2609 www.cityoffederalway.com CITY OF FEDERAL WAY BUILDING DEPT. DEVELOPMENT REQUIREMENTS PROCESS III (PROJECT APPROVAL) ❑ PROCESS IV (HEARING EXAMINER APPROVAL) ii Name: It 1 �C i/0 L-A- 1)('I. ( Cfi/L T t ,S + f:). r File No(s): • This form is to be used by an applicant as a guide in determining what constitutes a complete application. • All checked items must be submitted to constitute a complete application. • Applicant will be notified of a complete application within 28 days. • A complete application does not imply compliance or conformance with applicable codes. • Additional fees may be required for consultant review of Critical Areas. Rued Submitted N`) A. Master Land Use Application ' t, B. Application fees C. Copy of entire underlying plat or King County Assessor's parcel map D. Vicinity map on separate 8'/s x 11 sheet E. Two copies of current title report(no more than 90 days old)for subject property ❑ F. Current letters of water and sewer availability(only required for vacant property) x G. Site photographs from each compass point(north, east, south, &west)referenced on the site plan General Plan Standards • Eight complete and folded sets of drawings(folded to 9 x 12 inches). • Minimum plan sheet size shall be 24 x 36 inches. • Plans must be drawn at an engineering scale that allows the entire plan to fit on one sheet. • Minimum scale is 1 to 20 unless otherwise authorized. • All information is to be legible. • Plans shall be prepared by a certified professional(licensed in the State of Washington)unless otherwise authorized. Bulletin#001—December 8,2004 Page 1 of 4 k:/Handouts/Development Requirements • Required Submitted H. Topographic Survey ❑, ❑ • Project name,plan date,and/or revision date(s) • Name,phone number,and license stamp of p eparer • North arrow and bar scale • Site area • Property lines,utilities,easements,sid alks,street edges,existing structures,parking, and site improvements(i.e.drainage stems with pipe sizes, invert and rim elevations, etc) • Structures and driveways with 15 feet of subject site(on both sides of street) • Minimum two foot contours for pes less than 20 percent and five foot contours for slopes 20 percent or greater;da m all be King County Aerial Survey or NGVD-29 • Delineate slopes greater than 4 percent de on or within 25 feet of the site • Delineate streams,ponds,w ands,natural drainage courses,and other surface water features on or within 200 feet of the site per Federal Way City Code(FWCC)Chapter 22,Article XIV,"Critical Areas" • Identify significant trees defined by FWCC Section 22-1568 L7 I. Site Plan l ❑ (; Project name,plan date,and/or revision date(s) OName and phone number of owner/agent • • Name,phone number,and license stamp of preparer 0 North arrow and bar scale 0 Ci- .1 -1P • Site area • Total parking stall count Total gross floor area of all proposed floors or levels 4111 Location and dimensions of existing/proposed structure rope • sidewalks, easements; layo street edges,mechanical equipment, rash enclosur outdoor use's,storage areas,fencing,rockeries,and retaining walls • Existing streams,ponds,wetlands,natural inage courses,and other surface water features on or within 200 feet of site per Chapter 22,Article XIV,"Critical Areas" • Location of significant trees as defined by' f-WC Section 22-1568 • Existing and proposed utilities including.utifiglioles and boxes,water,storm sewer, sanitary sewer,and fire hydrants (21 Structures and driveways within 150 feet object site(on both sides of street) • IBC construction type and occupancy classification Location and square footage calculations of any on-site pedestrian areas(i.e.,plazas, courtyards)or open space areas J. Preliminary Drainage,Grading,and Right-of-Way Plan ❑ ❑ • Project name,plan date,and/or revision date(s) • Name,phone number,and license stamp of preparer • North arrow and bar scale • Preliminary storm drainage system in ac ordance with the 1998 King County Surface Water Design Manual(KC DM)as ended by Federal Way • Preliminary grading plan with i ' ed ontours;minimum two foot contours for slopes less than 20 percent and five foot con s for slopes 20 percent or greater;datum shall be King County Aerial Survey or NG D-2 • Preliminary right-of-way improvement plan,as required by the Public Works Dept • Approximate cut&fill quantities of site earthwork • Total existing and proposed impervious surface area • Existing and proposed utilities itl¢tuding:utility poles and boxes,water,storm sewer, sanitary sewer,and fire hydrants Bulletin#001—December 8,2004 Page 2 of 4 k:/Handouts/Development Requirements I S Required Submitted K. Preliminary Landscape Plan ❑ • Project name,plan date,and/or revisio}date(s) • Name,phone number,and license stayfip of preparer • North arrow and bar scale fffff • Specific location,type,si e,and n mber of significant trees to remain and to be removed • Plant schedule with the scie tifi name,common name,size,spacing,and quantity of each • Specific location and square f tage calculations of drought tolerant landscaping (document that a minimum 25 pe ent is provided per FWCC Section 22-1564[f]) • Irrigation plan for lawn areas • Specific location,square fo age calcu ions,and total square footage of each parking lot landscape island per FW C Section 22-1567(b)(1) • Screening of outdoor facilities such as:trash/recycling enclosures,outdoor storage, drive through facilities,stormwater facilities,and ground based mechanical equipment • Building wall area landscaping per FWCC Section 22-1564 • Specific location of street trees in the right-of-way • Identify perimeter landscape type as I,II,or III L. Building Elevations ❑ ❑ • Project name,plan date,and/or revision date(s) • Name,phone number,and license stam. of preparer / • Bar scale • Statement of architectural desig 'nt, t,finish materials,and colors • Front,rear,and side(labeled as no , outh,east,and west)building elevations of proposed structures • Exterior wall openings • Exterior materials and colors board • Garbage/recycling facility screen details • Roof-top and ground based mechanical equipment screen details • Building height calculation M. State Environmental Policy • ct( PA)Checklist ❑ 0 • Eight copies of the complete., - .-it and dated SEPA checklist • SEPA application fee Required Submitted Special Studies and Additional Information Please provide four copies of the following: ❑ ❑ Level One Downstream storm drainage analysis as described in the KCSWDM as amended by Federal Way ❑ Preliminary technical information report .•dressing relevance of the 8 Core and 5 Special Requirements of the KCS DM ❑ ❑ Trip generation analysis ❑ 0 Traffic impact analysis ❑ ❑ Parking study ❑ 0 Noise study ❑ ❑ Lighting plan ❑ 0 Geotechnical study Bulletin#001—December 8,2004 Page 3 of 4 k:/Handouts/Development Requirements • ." 4 f r I Required Submitted CI ❑ Wetland delineation report ❑ ❑ Wetland mitigation plan ❑ ❑ Stream delineation and classification report ❑ Other information relating to design and siting of pro osed development(including site cross sections) —T-vv--FO v , (..)-ex___( 01-ceS I ifzuA-st Specific information to determine compliance with 1ttcity ^^goals,policies, and regulations Notice Requirements Process III—For applications that are located within,or are,300 feet from properties ?( El zoned SE,RS, or RM,provide one set of self-addressed, stamped business sized envelopes(with City of Federal Way return address)of persons receiving property tax statements for all properties within 300 feet of the boundary of the subject property. Include a separate list of the addresses with their parcel numbers and an assessor's map showing the 300-foot boundary. Process IV—Provide two sets of self-addressed, stamped business sized envelopes ❑ El (with City of Federal Way return address)of persons receiving property tax statements for all properties within 300 feet of the boundary of the subject property. Include a separate list of the addresses with their parcel numbers and an assessor's map showing the 300-foot boundary. SEPA—Provide one set of self-addressed, stamped business sized envelopes(with ❑ ❑ City of Federal Way return address)of persons receiving property tax statements for all properties within 300 feet of the boundary of the subject property. Include a separate list of the addresses with their parcel numbers and an assessor's map showing the 300-foot boundary. a `r vl CLat)AdA '' v:j ill To Do)t 61-4-(- rF-eJe-ici- ''°a-lt ggab3 7LE Bulletin#001—December 8,2004 Page 4 of 4 k:/Handouts/Development Requirements • RECEIVED QUAFJ1 ° . � 00 CITY OF FEDERAL WAY Management Services, Inc. BUILDING DEPT. Garden Park 2 Apartments OCCUPANCY POLICY-RENTAL CRITERIA Tenant Screening Policy No person shall be denied the right to submit a written application for admission. Management shall review all applications according to the eligibility standards of HUD, by the Fair Housing laws, and the policies of Quantum Management Services, Inc. All applicants determined to be eligible according to such standards shall be screened according to the following tenant selection policy. Standards for Admission In determining applicant eligibility, it is necessary that the following points be considered: 1. A rejection must be supported by information of specific facts or events. For example, if an applicant is to be rejected for a reasonable likelihood of non-payment of rent, specific facts in his or her past credit record must support such a conclusion. 2. Only information relating to an applicant's individual qualities may be considered and not the applicant's membership in a specific class (i.e., public assistance recipient, unmarried mother, race, religion, etc.) 3. The possible biases, attitudes, and motives of the sources of such information must be considered. 4. The fact that a person has no credit or rental history shall not be grounds for automatic rejection. 5. The effects of changed circumstances shall be considered. Some examples are the effects of a change of neighborhood, social or rehabilitative services, the departure of a former household member, and the change in a household member's behavior due to him or her growing up. 6. In judging the applicant's rental payment record or bad credit report, consideration should be given to the applicant's present shelter cost-income relationship and whether or not the rent level for the unit for which the applicant applies is lower. 7. In evaluating information concerning the misbehavior of household members, consideration shall be given to the fact that some misbehavior or property damage by household members is expected and is one of the normal costs in the business of renting family housing. Repeated misbehavior by household members or repeated damage, nuisance or waste committed by household members will be considered grounds for rejection. 8. An applicant's participation in a tenant organization shall not be grounds for rejection. Garden Park 2 Apartments Occupancy Policy Page 1 Standards for Rejection Applicants who are eligible for housing may be rejected for the following reasons only: 1. Reasonable likelihood that the applicant will be unwilling or unable to pay rent. 2. Reasonable likelihood that the applicant or those acting under his or her control will interfere with the health, safety, security or the right of peaceful enjoyment of the resident community. 3. Reasonable likelihood that the applicant or those acting under his or her control will cause intentional damage or destruction to the apartment or surrounding premises. The Credit/Criminal/Landlord History Check The Credit/Criminal History Check is a component of the Tenant Selection Policy at Quantum Management Services. The Intent of the Policy is to: 1. Provide for the use of credit checks as a standard component of the Tenant Selection Policy for admitting applicants to properties managed by Quantum Management Services, Inc. 2. Ensure that all applicants are treated fairly and equally 3. Ensure that only responsible applicants, who will pay rent on time and maintain the rental property, are admitted to properties managed by Quantum Applicants with more than $400 in collections will automatically be denied. See following section on scoring. Eligibility Federal law requires that all applicants for federally funded properties meet the specific federal eligibility requirements for the property (must meet income limits). If the applicant does not meet the federal eligibility requirements for the property, the manager must send the applicant a Letter of Rejection. If the applicant does meet the federal eligibility requirements for the property, the manager proceeds to the remaining portion of the application process. Size of Apartment The number of occupants determines the size of Tenant's apartment. The maximum allowable persons per apartment for Garden Park 2 Apartments will be: Two persons per bedroom plus one. Garden Park 2 Apartments Occupancy Policy Page 2 Special Needs Set-Aside Tenants that qualify for the special needs set aside, must also meet the eligibility requirements regarding income restriction. Ownership of the Garden Park 2 Apartments has committed to serve the following special needs groups by electing the following set-asides for the property: 1. Handicap and/or disabled 2. Transitional Housing As a result of the special needs set-aside, ownership and management are required to target specific populations. Management does not discriminate nor shall an applicant be declined tenancy on the basis of race, color, religion, sex, handicap, familial status or national origin Handicap and/or Disabled Households Seventeen units at Garden Park 2 have been set-aside for at least one person in a household that has a physical or mental impairment, which limits one or more of the major life activities, such as, but not limited to: 1. being able to care for oneself 2. performing manual tasks 3. walking 4. talking 5. seeing 6. hearing 7. speaking 8. breathing 9. learning In order to verify the disability, management is required under Section 42 of the Internal Revenue Code to obtain third party verification acknowledging the applicant household falls within the above definition. Management will not inquire into the nature or severity of the disability. Non-handicapped person in a Handicap Designated Unit In the event a non-handicapped household occupies a handicap-designated unit, the occupant understands that priority for such units is given to those needing special physical design features. Tenant understands that Tenant is permitted to reside in a handicap-designated unit until Landlord issues Tenant a notice that Tenant must move to another suitably sized vacant unit within the property. Upon receiving this notice, Tenant agrees to move at Tenant's expense within 30 calendar days. Tenant understands that Tenant will need to re-certify all income before the move and that the Tenant's rent and lease will be modified accordingly. Transitional Housing Nine units at Garden Park 2 Apartments have been set-aside for households considered "transitional" as defined under Section 42 of the Internal Revenue Code. This definition states: Garden Park 2 Apartments Occupancy Policy Page 3 A housing unit that contains sleeping, kitchen and bathroom facilities and is located in a building: 1. that is used exclusively to ease the transition of homeless individuals to independent living within 24 months, and, 2. where a government entity or Qualified Non-Profit Organization provides those individuals with temporary housing and supportive services to assist them in finding and keeping permanent housing. Applicants qualifying for the transitional housing set-aside, understand and acknowledge ownership and management are required to adhere to the Internal Revenue Code. The guidelines we are required to maintain are: 1. Residents occupying a transitional housing unit must sign an initial lease agreement with a term of at least a 6-months. 2. Persons qualifying for this set aside understand that their tenancy within the transitional units cannot exceed a 24-month period per the Internal Revenue Code definition. All households must vacate the transitional housing units prior to the expiration of their 24-month anniversary. 3. Persons qualifying for this set aside also understand and acknowledge that their tenancy is to be within one "building." 4. Ownership has entered into an agreement for supportive services with Community House on Broadway, a local non-profit homeless housing agency. Persons qualifying for this set-aside need to be actively enrolled and participating in the supportive service programs developed and administered by Community House on Broadway. An addendum to the lease agreement defining Tenant's and Landlord's responsibilities under this set-aside must be signed and made a part of your move-in packet. Processing All people wishing to become tenants or co-tenants must first become applicants by completing the appropriate application form and paying the screening fee. The manager will submit the information to the credit check service and the credit/criminal record check service will issue a report to the manager. If the applicant's report does not meet our policy requirements, the applicant is to be rejected. The credit check service will send a denial letter to the applicant, to the manager and to Quantum Management Services, Inc. Scoring Each applicant's tenant screening report will be reviewed for two types of adverse information— Negatives and Terminals. If three or more Negative items are found in a report, with no extenuating circumstances, the applicant shall be denied. If any one Terminal item is found, without extenuating circumstances, the applicant shall be denied. Negatives—The following shall be considered Negative items: Garden Park 2 Apartments Occupancy Policy Page 4 1. Any credit account that has more than five 30-day late payments in the last three years 2. Any credit account that has more than one 60-day late payment in the last three years 3. Any credit account that has more than one or more 90-day late payments in the last three years 4. Any credit account that is currently repeated more than 30-days late 5. Any credit account which is rated as having gone to collection 6. Any collection(s),judgment, bankruptcies or lien(s) with combined totals of$400 or more 7. Any landlord reference that includes more than two late rent payments in a year 8. Any instance of a damage deposit which was not returned due to damage to the rental unit (beyond normal cleaning) 9. Any instance of a proper Notice of Intent to Vacate not being given 10. Any instance of unauthorized pets or people occupying a unit rented to the applicant 11. Any bank reference which shows more than one NSF check in the last twelve-(12) months Terminals—The following items shall be considered Terminal, and shall be sufficient to deny the application: 1. Any open bankruptcy (a bankruptcy to which new claims can still be added) 2. Any collection filed by a property management company 3. Any eviction or Unlawful Detainer action 4. Any current 3-day Notice 5. Any conviction for the selling of drugs, or possession of drugs with intent to sell 6. Any gross distortion of the truth by the applicant on the written application 7. Any conviction for criminal activity. Extenuating Circumstances In some cases, an applicant who does not qualify under this policy might still be an acceptable risk due to extenuating circumstances relating to their poor credit history. Such circumstances might include, but not limited to, severe medical problems, recent death of a spouse, recent divorce, a temporary period of unemployment in the past, negative information confined to a single landlord reference, etc. In these situations the manager may request a review by their Garden Park 2 Apartments Occupancy Policy Page 5 -+T immediate supervisor who may, at their discretion, approve or deny the application. Rejected applicants may also appeal the decision of the manager to the manager's immediate supervisor. Anti-Discrimination No applicant shall be declined tenancy on the basis of race, color, religion, sex, handicap, familial status or national origin. Income Limits In addition to not exceeding the maximum allowable income for the household size, each applicant must meet the minimum income requirement set for the property. The minimum income requirement is 2.5 times the rent in monthly income. Student Housing Under the Low Income Housing Tax Credit (LIHTC) program, the Internal Revenue Code strictly prohibits housing individuals if all occupants are considered students. Unlike income, there is no grand fathering if all occupants become students during the course of their tenancy. The Code strictly requires student households to vacate the premises. Additionally, students are not a protected class under Fair Housing, and as such, this required code compliance is not discriminatory. Tenant Fraud All sources of income, including income from assets, must be reported to management to qualify for housing under the LIHTC program. Failure to provide management with full documentation of the household's income, to be determined for all person 18 years of age or older, shall be considered fraud. In cases where fraud has been committed, management will find this act grounds for not admitting a household for occupancy and/or grounds for terminating a household during the course of occupancy. Tenant Re-Certification In order to comply with the terms of the LIHTC program and Internal Revenue Code, all occupants are required to re-certify their annual income including income from assets. Failure to do so before the resident's anniversary date shall be grounds for immediate termination from the property, in accordance with State law. Garden Park 2 Apartments Occupancy Policy Page 6 ACORD CERTIFICAT )F LIABILITY INSURAN CSR VA MULTI-2 DATE(MM/DD/YYYY) nn 03/04/05 PRODUCER AT QFCEIVPr MAR ;, f3 2005 ONLY ANDICON CONFERS NO RIGHTS UPON THE CERTIFICATE ION Sprague Israel Giles HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1501 Fourth Avenue, Suite 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98101-1637 Phone: 206-623-7035 Fax:206-682-4993 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER k Lexington Insurance company INSURER S: American States Insurance Co. Multi-Service Center INSURER C: Lexington Insurance company PO Box 23699 INSURERD: Federal Way WA 98093-0699 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLT INSR DATE(MCY M/DD/Y()E� POLICY (M EXPIRATION LIMITS LTR ADD'L TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY 0389309 03/01/05 03/01/06 PREMISES(Eaoccurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $Excluded X $1,500 Deduct PERSONAL Si ADV INJURY $1,000,000 BI/PD/PI/AI GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY JECT JECT LOC STOP GAP AUTOMOBILE LIABILITY B X X ANY AUTO 01CG3029453 03/01/05 03/01/06 (Ea accident) SINGLELIMIT $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $1,000,000 C X OCCUR CLAIMS MADE 7249791 03/01/04 03/01/06 AGGREGATE $1,000,000 $ DEDUCTIBLE $ RETENTION $ $ OTH- WORKERS COMPENSATION AND WCSIAIU- TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER C Professional 0273372 03/01/04 03/01/05 Per Clm $1,000,000 Liability Agg. $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of Insurance - All Properties and Locations RECEIVED 05 - 10 / L50 MAR 1 8 2005 . CERTIFICATE HOLDER CANCELLATION CITY OF FED' 991QY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION BUILDING DEPT. DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL To Whom it May Concern IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE • John M. Policar elf/ ACORD 25(2001/08) 7 ©AC RD CORPORATION 1988 ECEtVE[) APR u a(12 Intrnal}`2evenue Service Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Date: March 30, 2002. Person to Contact: Ms. Regina Parker 31-07403 Customer Service Specialist Multi-Service Center Toll Free Telephone Number: 1200 S. 336th St 8:90 a.m.to 6:30 Federal Way, WA 98003-6347 p.m.EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 23-7120815 Dear Sir or Madam: This letter is in response to your request for a copy of your organization's determination letter. This letter will take the place of the copy you requested. Our records indicate that a determination letter issued in February 1981 granted your organization exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in section 509(a)(2). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of se j 01 1.Q6, and 2522 of the Code. MAR 1 8 2005 0 05 - 101L5 CITY OF FEDERAL WAY BUILDING DEPT. Internal Revenue Service Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Date: March 30, 2002 Person to Contact: Ms. Regina Parker 31-07403 Customer Service Specialist Multi-Service Center Toll Free Telephone Number: 1200 S. 336th St. 8:00 a.m.to 6:30 p.m.EST Federal Way, WA 98003-6347 877-829-5500 Fax Number: 513-263-3756 Dear Sir or Madam: Enclosed is the information you requested in your letter dated February 22, 2002. Please accept our apology for the delay in responding to your request and for any inconvenience this may have caused you or your organization. Sincerely, Ms. Regina Parker 31-07403 Customer Service Specialist Enclosure: Letter affirming exempt status I® CCHICAGO TITLE ASURANCE COMPANY , 1800 COLUMBIA CENTER, 701 5TH AVE, SEATTLE, WASHINGTON 98104 S IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. / ' I -..-- "-- / 1' 1‘11.-( RECEIVED 1AR 1 $ 2005 ® 5 _ O - 4 CITY OF FEDERAL WAY ' BUILDING DEPT. 7 l .. - r �:r I'320.67 r.,.�. ,...,, M •� ^• �._». o Vie- ssw a o`" SJ i�1`^r . [ .... S ,.' 2.a•TH S?. 1.;, ,....� .-,r ,. „� ® t, r. , , •r_,� t .. •' ° •• ''. , I ..te e.ram~ L( • ,..r• - �',� 7/ -'iSL le• a•r4; a .... . ••'••'' ,.r� � f.° •' ter•L ar, , / •�� ''�e�,q • IA ,,• , a TO ,r , 2r 1 ./�' •� i .,f.. + S ,••IA al a ,.. • ' aer r•>/� ` 4 i' ';(1 r. es i 1 .w ` J .f ziit '10110 �'e d N o t_ —- 1 .•e'r ... 23 :y Ili �S.d 2E!TH._ST. ta • .° f. .. .....r, 1 a % ,I... 1•;:5 TAT QV) Q J t- r % L r •• y reo.es '+ el. S t• „. ,6•1 °'., o n k ,.or/,�f lad 4 qe>? ZJ` :ter. rry. -...., •„ Vy i ti n,. t R ..74P t � ss z -< :lr t :. 2e T a n 1 1 � > rr ♦ F• I R 1 •. - O 1 •N N . a ••' 2) •a )e•y, , arla,• " .'* V k Kt 0. �.• „" . l t - .; aI 1 G • 1 .. M .' }t ••gyp N . • y� • —I•' ar. ..>.�. S , 206TH. 1 ST-t.. 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VICINITY MAP Map adapted from 1:24,000 USGS topographic map of a Poverty Bay, WA quadrangle, dated 1961, revised 1994. September 2003 21-1-12127-003 ii SHANNON&WILSON, INC. FIG. 1 LL Geotedini al and Environmental Consultants _ ChiCAGO TITLE INSURANCE MPANY 701 FIFTH AVENUE,#3400,SEATTLE.WA 98104 A.L.T.A. COMMITMENT THIRD COMMITMENT SCHEDULE A Order No.: 1068022 Customer Number: GARDEN PARK I I APTS . , FEDERAL WAY Buyer(s): MSC GARDEN PARK 2, LLC Title Unit: U-06 Phone: (206)628-5610 Fax: (206)628-9717 Officer: SAVIDIS/WAGNER/CAMPBELL/MINOR Commitment Effective Date: MARCH 4,2005 at 8:00 A.M. 1. Policy or Policies to be issued: ALTA Owner's Policy Amount: $0.0 0 1992 EXTENDED Premium: COMMERCIAL/MULTI-FAMILY RATE Tax: Proposed Insured: MSC GAREN PARK 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Policy or Policies to be issued: Amount: $0. 0 0 ALTA Loan Policy Premium: Tax: Proposed Insured: Policy or Policies to be issued: Amount: $0. 00 ALTA Loan Policy Premium: Tax: Proposed Insured: 2.The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 0 5 - 1 0 1 2 5 0 3 .Title to the estate or interest in the land is at the effective date hereof vested in: GAMS GARDEN PARK II, LLC, A WASHINGTON LIMITED LIABILITY COMPANY RECEIVED 4 . The land referred to in this Commitment is described as follows: MAR 1 8 2005 SEE ATTACHED LEGAL DESCRIPTION EXHIBIT CITY OF FEDERAL WAY BUILDING DEPT. COMMAR04/2 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE A (Continued) Order No.: 1068022 Your No.: LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LOTS 20, 21 AND 22, MILITARY ARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 86 OF PLATS, PAGE(S) 15 AND 16, IN KING COUNTY, WASHINGTON. CLTACMA6/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B Order No.: 1068 022 Your No.: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession not shown by the public records. B. Encroachments,overlaps,boundary line disputes,or other matters which would be disclosed by an accurate survey and inspection of the premises. C. Easements,or claims of easements,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 shown as existing liens by the public records. F. Any service,installation,connection,maintenance,tap,capacity or construction charges for sewer,water, electricity,other utilities,or garbage collection and disposal. G.Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations,Indian treaty or aboriginal rights,including easements or equitable servitudes. H. Water rights,claims,or title to water. I. 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. SPECIAL EXCEPTIONS FOLLOW WLTACOMB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 001068022 Your No.: SPECIAL EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: THE RIGHT TO ENTER AND MAINTAIN POLE, WIRE AND FIXTURES AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. RECORDED: APRIL 15, 1924 RECORDING NUMBER: 1857061 s 2. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE PLAT FILED ON JULY 2, 1968 IN VOLUME 86 OF PLATS, PAGES 15 AND 16. PURPOSE: UTILITIES AREA AFFECTED: THE SOUTH 10 FEET OF LOTS 21 AND 22 c 3. EASEMENT PROVISIONS CONTAINED IN SAID PLAT FILED ON JULY 2, 1968 IN VOLUME 86 OF PLATS, PAGES 15 AND 16, AS FOLLOWS: AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND POWER & LIGHT COMPANY, PACIFIC NORTHWEST BELL TELEPHONE COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON THE EXTERIOR 5 FEET PARALLEL WITH AND ADJACENT THE STREET FRONTAGE OF ALL LOTS IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES STATED. D 4 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: RIGHT OF WAY FOR SEWER MAINS WITH NECESSARY APPURTENANCES AREA AFFECTED: THROUGH, OVER, AND ACROSS THE SOUTH CLTACM131/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS 10 FEET OF LOT 21, MILITARY ARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 86 OF PLATS, PAGES 15 AND 16, IN KING COUNTY, WASHINGTON. THE 10 FEET SHALL BE MEASURED AT RIGHT ANGLES TO THE SOUTHERLY LINE OF SAID LOT 21. RECORDED: JUNE 30, 1969 RECORDING NUMBER: 6532232 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: RIGHT OF WAY FOR SEWER MAINS WITH NECESSARY APPURTENANCES AREA AFFECTED: THROUGH, OVER, AND ACROSS THE SOUTH 10 FEET OF THE EAST 10 FEET OF LOT 22, MILITARY ARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 86 OF PLATS, PAGES 15 AND 16, IN KING COUNTY, WASHINGTON. THE 10 FEET SHALL BE MEASURED AT RIGHT ANGLES TO THE SOUTHERLY AND EASTERLY LINES OF SAID LOT 22. RECORDED: JUNE 30, 1969 RECORDING NUMBER: 6532233 n 6. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: UNDERGROUND ELECTRIC SYSTEM AND NECESSARY APPURTENANCES AREA AFFECTED: A RIGHT OF WAY 7 FEET IN WIDTH HAVING 3.5 FEET OF SUCH WIDTH ON EACH SIDE OF A CENTERLINE AS CONSTRUCTED RECORDED: AUGUST 12, 1977 RECORDING NUMBER: 7708120832 CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. 7. RESTRICTIONS CONTAINED ON THE FACE OF THE PLAT AS FOLLOWS: NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR RESOLD, OR OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH IT IS LOCATED. s NO VEHICULAR ACCESS TO LOT 22 FROM MILITARY ROAD; AND NO DIRECT VEHICULAR ACCESS TO LOT 20 FROM SOUTH 288TH STREET, DISCLOSED BY PLAT OF SAID ADDITION. i 8 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION AND: WILLIAM BREDGER AND EMMA S. BREDGER, HUSBAND AND WIFE RECORDED: OCTOBER 25, 1968 RECORDING NUMBER: 6425554 REGARDING: CONSTRUCTION OF SEWAGE FACILITIES AND PAYMENT OF COSTS RELATED THERETO 9. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: TCI CABLEVISION OF WASHINGTON, INC. AND: ANNE SWOPE RECORDED: DECEMBER 19, 1995 RECORDING NUMBER: 9512190310 REGARDING: RIGHTS TO CONSTRUCT, INSTALL, OWN, OPERATE AND MAINTAIN EQUIPMENT NECESSARY TO PROVIDE CABLE TELEVISION SERVICE x 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS DESCRIBED AS GRANTED IN DEED: GRANTEE: KING COUNTY RECORDED: JANUARY 30, 1939 RECORDING NUMBER: 3029939 L 11. RIGHT OF THE PUBLIC TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES IN THE REASONABLE ORIGINAL GRADING OF STREETS, AVENUES, ALLEYS AND ROADS AS DEDICATED IN THE PLAT. ar 12 . PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED. THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF CITY OF FEDERAL WAY. PRESENT RATE IS 1.78%. ANY CONVEYANCE DOCUMENT MUST BE ACCOMPANIED BY THE OFFICIAL WASHINGTON STATE EXCISE TAX AFFIDAVIT. THE APPLICABLE EXCISE TAX MUST BE PAID AND THE AFFIDAVIT APPROVED AT THE TIME OF THE RECORDING OF THE CONVEYANCE DOCUMENTS. CH 13 . GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 2005 TAX ACCOUNT NUMBER: 552900-0020-09 LEVY CODE: 1207 ASSESSED VALUE-LAND: $ 447,200.00 ASSESSED VALUE-IMPROVEMENTS: $ 2, 920, 800.00 GENERAL & SPECIAL TAXES: BILLED: $ 42, 123. 73 PAID: $ 0. 00 UNPAID: $ 42, 173.73 P 14 . LEASE AND THE TERMS AND CONDITIONS THEREOF: LESSOR: HARTFORD ASSOCIATES LESSEE: ATKINSON WASHER SERVICE, INC. CLTACM132/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS FOR A TERM OF: 5 YEARS AND FOR SUCCESSIVE TERMS OF 1 YEAR UNLESS TERMINATED RECORDED: SEPTEMBER 09, 1977 RECORDING NUMBER: 7709090811 Q AFFECTS: LAUNDRY AREAS IN BULIDING LOCATED ON SAID PREMISES R 15. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GORDON SWOPE AND ANNE SWOPE, HUSBAND AND WIFE TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: MIDLAND LOAN SERVICES, INC. , A DELAWARE CORPORATION AMOUNT: $ 2,300, 000.00 DATED: OCTOBER 15, 1998 RECORDED: OCTOBER 16, 1998 RECORDING NUMBER: 9810161301 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. s ASSIGNMENT OF SAID DEED OF TRUST: DATED: NOVEMBER 3, 1998 RECORDED: MARCH 29, 2001 RECORDING NUMBER: 20010329000298 ASSIGNEE: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF PNC MORTGAGE ACCEPTANCE CORP. , COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2000-C2 T 16. ASSIGNMENT OF LEASES AND RENTS GIVEN FOR SECURITY AND THE TERMS AND CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS CONDITIONS THEREOF: ASSIGNOR: GORDON SWOPE AND ANNE SWOPE, HUSBAND AND WIFE ASSIGNEE: MIDLAND LOAN SERVICES, INC. , A DELAWARE CORPORATION DATED: OCTOBER 15, 1998 RECORDED: OCTOBER 16, 1998 RECORDING NUMBER: 9810161302 v ASSIGNMENT OF SAID ASSIGNMENT OF LEASES AND RENTS: DATED: NOVEMBER 3, 1998 RECORDED: MARCH 29, 2001 RECORDING NUMBER: 20010329000298 ASSIGNEE: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF PNC MORTGAGE ACCEPTANCE CORP. , COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2000-C2 CB 17. DEED OF TRUST AND SECURITY AGREEMENT (FIXTURE FILING) , AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GAMS GARDEN PARK II L.L.C. , A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: DONALD P. KIRKPATRICK, ATTORNEY AT LAW BENEFICIARY: TIMOTHY B. WHITE AMOUNT: $ 425, 000.00 DATED: DECEMBER 14, 2004 RECORDED: DECEMBER 16, 2004 RECORDING NUMBER: 20041216002086 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS AD 18 . TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR GAMS GARDEN PARK II, LLC. As NOTE: A COPY OF THE LIMITED LIABILITY COMPANY AGREEMENT, AND AMENDMENTS THERETO, IF ANY, MUST BE SUBMITTED. AP 19. ANY CONVEYANCE OR MORTGAGE BY GAMS GARDEN PARK II, LLC, MUST BE EXECUTED IN ACCORDANCE WITH THE LIMITED LIABILITY COMPANY AGREEMENT AND BY ALL THE MEMBERS, OR EVIDENCE MUST BE SUBMITTED THAT CERTAIN DESIGNATED MANAGERS/MEMBERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. cz 20. TITLE IS TO VEST IN MSC GARDEN PARK 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AND WILL THEN BE SUBJECT TO THE FOLLOWING MATTERS SHOWN AT PARAGRAPH(S) 21 AND 22 . sK 21. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR MSC GARDEN PARK 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY. BL NOTE: A COPY OF THE LIMITED LIABILITY COMPANY AGREEMENT, AND AMENDMENTS THERETO, IF ANY, MUST BE SUBMITTED. so 22 . ANY CONVEYANCE OR MORTGAGE BY MSC GARDEN PARK 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, MUST BE EXECUTED IN ACCORDANCE WITH THE LIMITED LIABILITY COMPANY AGREEMENT AND BY ALL THE MEMBERS, OR EVIDENCE MUST BE SUBMITTED THAT CERTAIN DESIGNATED MANAGERS/MEMBERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. As 23. MATTERS DISCLOSED BY SURVEY BY DRYCO SURVEYING & MAPPING DATED SEPTEMBER 25, 1998, JOB NO. 98086: PARKING SPACES, PLANTERS AND SIGN ENCROACH INTO RIGHT OF WAY FOR MILITARY ROAD SOUTH. AI 24. TO PROVIDE AN EXTENDED COVERAGE OWNER' S POLICY GENERAL EXCEPTIONS A THROUGH D WILL BE CONSIDERED WHEN OUR INSPECTION AND/OR REVIEW OF SURVEY, IF REQUIRED, IS COMPLETED. GENERAL EXCEPTIONS E THROUGH H WILL REMAIN IN THE OWNER'S POLICY TO ISSUE. A SUPPLEMENTAL COMMITMENT WILL FOLLOW. IF THE ANTICIPATED CLOSING DATE IS LESS THAN 4 WEEKS FROM THE DATE OF CLTACMB2/RDA/0999 • CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order Na: 1068022 Your No.: SPECIAL EXCEPTIONS THIS COMMITMENT, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. AJ 25. PRIOR TO ISSUING AN EXTENDED FORM OWNER'S POLICY THIS COMPANY REQUIRES THAT THE PARTIES TO THE TRANSACTION PROVIDE AN ALTA/ASCM CERTIFIED, AS-BUILT SURVEY. AR NOTE 1: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50. 00 SURCHARGE. FIRST PAGE OR COVER SHEET REQUIREMENTS: 3" TOP MARGIN CONTAINING NOTHING EXCEPT THE RETURN ADDRESS. 1" SIDE AND BOTTOM MARGINS CONTAINING NO MARKINGS OR SEALS. TITLE(S) OF DOCUMENTS. RECORDING NO. OF ANY ASSIGNED, RELEASED OR REFERENCED DOCUMENT(S) . GRANTORS NAMES (AND PAGE NO. WHERE ADDITIONAL NAMES CAN BE FOUND) . GRANTEES NAMES (AND PAGE NO. WHERE ADDITIONAL NAMES CAN BE FOUND) . ABBREVIATED LEGAL DESCRIPTION (AND PAGE NO. FOR FULL DESCRIPTION) . ASSESSOR'S TAX PARCEL NUMBER(S) . RETURN ADDRESS (IN TOP 3" MARGIN) . **A COVER SHEET CAN BE ATTACHED CONTAINING THE ABOVE FORMAT AND DATA IF THE FIRST PAGE DOES NOT CONTAIN ALL REQUIRED DATA. ADDITIONAL PAGES: 1" TOP, SIDE AND BOTTOM MARGINS CONTAINING NO MARKINGS OR SEALS. ALL PAGES: NO STAPLED OR TAPED ATTACHMENTS. EACH ATTACHMENT MUST BE A SEPARATE PAGE. ALL NOTARY AND OTHER PRESSURE SEALS MUST BE SMUDGED FOR VISIBILITY. FONT SIZE OF 8 POINTS OR LARGER. ALL INFORMATION MUST BE LEGIBLE AND CAPABLE OF BEING IMAGED. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04 . SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOTS 20-22, VOLUME 86 OF PLATS, PAGE 15. CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS END OF SCHEDULE B CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS cJ THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: SHELTER RESOURCES, INC. KATHLEEN MCCUSKER 2/1 (425)454-8205 CHICAGO TITLE ESCROW -SUE STEVENS SUE STEVENS 1/1 KANTOR, TAYLOR, MCCARTHY, BRITZMANN MARK KANTOR 1/1 (206) 625-9898 CLTACMB2/RDA/0999 C�11CAGO TITLE INSURANCE ..JMPANY 701 FIFTH AVENUE,#3400,SEA FILE,WA 98104 A.L.T.A. COMMITMENT THIRD COMMITMENT SCHEDULE A Order No.: 1068022 Customer Number: GARDEN PARK I I APTS . , FEDERAL WAY Buyer(s): MSC GARDEN PARK 2, LLC Title Unit: U-06 Phone: (206)628-5610 Fax: (206)628-9717 Officer: SAVIDIS/WAGNER/CAMPBELL/MINOR Commitment Effective Date: MARCH 4,2005 at 8:00 A.M. 1. Policy or Policies to be issued: ALTA Owner's Policy Amount: $0.0 0 1992 EXTENDED Premium: COMMERCIAL/MULTI-FAMILY RATE Tax: Proposed Insured: MSC GAREN PARK 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Policy or Policies to be issued: Amount: $0. 0 0 ALTA Loan Policy Premium: Tax: Proposed Insured: Policy or Policies to be issued: Amount: $0. 00 ALTA Loan Policy Premium: Tax: Proposed Insured: 2 .The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 0 5 - 1 0 1 5 0 3 .Title to the estate or interest in the land is at the effective date hereof vested in: GAMS GARDEN PARK II, LLC, A WASHINGTON LIMITED LIABILITY COMPANY RECEIVED MAR 1 8 2005 4 . The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT CITY OF FEDERAL WAY BUILDING DEPT. COMMA804/2 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 1068 022 Your No.: LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LOTS 20, 21 AND 22, MILITARY ARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 86 OF PLATS, PAGE(S) 15 AND 16, IN KING COUNTY, WASHINGTON. CLTACMA6/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B OrderNo.: 1068022 Your No.: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession not shown by the public records. B. Encroachments,overlaps,boundary line disputes,or other matters which would be disclosed by an accurate survey and inspection of the premises. C. Easements,or claims of easements,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 shown as existing liens by the public records. F. Any service,installation,connection,maintenance,tap,capacity or construction charges for sewer,water, electricity,other utilities,or garbage collection and disposal. G.Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations,Indian treaty or aboriginal rights,including easements or equitable servitudes. H. Water rights,claims,or title to water. I. 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. SPECIAL EXCEPTIONS FOLLOW WLTACOMB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 001068022 Your No.: SPECIAL EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: THE RIGHT TO ENTER AND MAINTAIN POLE, WIRE AND FIXTURES AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. RECORDED: APRIL 15, 1924 RECORDING NUMBER: 1857061 B 2. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE PLAT FILED ON JULY 2, 1968 IN VOLUME 86 OF PLATS, PAGES 15 AND 16. PURPOSE: UTILITIES AREA AFFECTED: THE SOUTH 10 FEET OF LOTS 21 AND 22 3 . EASEMENT PROVISIONS CONTAINED IN SAID PLAT FILED ON JULY 2, 1968 IN VOLUME 86 OF PLATS, PAGES 15 AND 16, AS FOLLOWS: AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND POWER & LIGHT COMPANY, PACIFIC NORTHWEST BELL TELEPHONE COMPANY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON THE EXTERIOR 5 FEET PARALLEL WITH AND ADJACENT THE STREET FRONTAGE OF ALL LOTS IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES STATED. D 4 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: RIGHT OF WAY FOR SEWER MAINS WITH NECESSARY APPURTENANCES AREA AFFECTED: THROUGH, OVER, AND ACROSS THE SOUTH CLTACMB1/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS 10 FEET OF LOT 21, MILITARY ARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 86 OF PLATS, PAGES 15 AND 16, IN KING COUNTY, WASHINGTON. THE 10 FEET SHALL BE MEASURED AT RIGHT ANGLES TO THE SOUTHERLY LINE OF SAID LOT 21 . RECORDED: JUNE 30, 1969 RECORDING NUMBER: 6532232 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: RIGHT OF WAY FOR SEWER MAINS WITH NECESSARY APPURTENANCES AREA AFFECTED: THROUGH, OVER, AND ACROSS THE SOUTH 10 FEET OF THE EAST 10 FEET OF LOT 22, MILITARY ARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 86 OF PLATS, PAGES 15 AND 16, IN KING COUNTY, WASHINGTON. THE 10 FEET SHALL BE MEASURED AT RIGHT ANGLES TO THE SOUTHERLY AND EASTERLY LINES OF SAID LOT 22. RECORDED: JUNE 30, 1969 RECORDING NUMBER: 6532233 a 6. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: UNDERGROUND ELECTRIC SYSTEM AND NECESSARY APPURTENANCES AREA AFFECTED: A RIGHT OF WAY 7 FEET IN WIDTH HAVING 3.5 FEET OF SUCH WIDTH ON EACH SIDE OF A CENTERLINE AS CONSTRUCTED RECORDED: AUGUST 12, 1977 RECORDING NUMBER: 7708120832 CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. c 7. RESTRICTIONS CONTAINED ON THE FACE OF THE PLAT AS FOLLOWS: NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR RESOLD, OR OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH IT IS LOCATED. s NO VEHICULAR ACCESS TO LOT 22 FROM MILITARY ROAD; AND NO DIRECT VEHICULAR ACCESS TO LOT 20 FROM SOUTH 288TH STREET, DISCLOSED BY PLAT OF SAID ADDITION. z 8 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION AND: WILLIAM BREDGER AND EMMA S. BREDGER, HUSBAND AND WIFE RECORDED: OCTOBER 25, 1968 RECORDING NUMBER: 6425554 REGARDING: CONSTRUCTION OF SEWAGE FACILITIES AND PAYMENT OF COSTS RELATED THERETO J 9. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: TCI CABLEVISION OF WASHINGTON, INC. AND: ANNE SWOPE RECORDED: DECEMBER 19, 1995 RECORDING NUMBER: 9512190310 REGARDING: RIGHTS TO CONSTRUCT, INSTALL, OWN, OPERATE AND MAINTAIN EQUIPMENT NECESSARY TO PROVIDE CABLE TELEVISION SERVICE 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN CLTACMB2/RDA/0999 • CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS DESCRIBED AS GRANTED IN DEED: GRANTEE: KING COUNTY RECORDED: JANUARY 30, 1939 RECORDING NUMBER: 3029939 L 11. RIGHT OF THE PUBLIC TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES IN THE REASONABLE ORIGINAL GRADING OF STREETS, AVENUES, ALLEYS AND ROADS AS DEDICATED IN THE PLAT. rr 12. PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED. THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF CITY OF FEDERAL WAY. PRESENT RATE IS 1.78%. ANY CONVEYANCE DOCUMENT MUST BE ACCOMPANIED BY THE OFFICIAL WASHINGTON STATE EXCISE TAX AFFIDAVIT. THE APPLICABLE EXCISE TAX MUST BE PAID AND THE AFFIDAVIT APPROVED AT THE TIME OF THE RECORDING OF THE CONVEYANCE DOCUMENTS. CH 13 . GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 2005 TAX ACCOUNT NUMBER: 552900-0020-09 LEVY CODE: 1207 ASSESSED VALUE-LAND: $ 447,200.00 ASSESSED VALUE-IMPROVEMENTS: $ 2, 920, 800.00 GENERAL & SPECIAL TAXES: BILLED: $ 42,123.73 PAID: $ 0.00 UNPAID: $ 42, 173.73 p 14 . LEASE AND THE TERMS AND CONDITIONS THEREOF: LESSOR: HARTFORD ASSOCIATES LESSEE: ATKINSON WASHER SERVICE, INC. CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS FOR A TERM OF: 5 YEARS AND FOR SUCCESSIVE TERMS OF 1 YEAR UNLESS TERMINATED RECORDED: SEPTEMBER 09, 1977 RECORDING NUMBER: 7709090811 Q AFFECTS: LAUNDRY AREAS IN BULIDING LOCATED ON SAID PREMISES R 15. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GORDON SWOPE AND ANNE SWOPE, HUSBAND AND WIFE TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: MIDLAND LOAN SERVICES, INC. , A DELAWARE CORPORATION AMOUNT: $ 2,300, 000.00 DATED: OCTOBER 15, 1998 RECORDED: OCTOBER 16, 1998 RECORDING NUMBER: 9810161301 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. s ASSIGNMENT OF SAID DEED OF TRUST: DATED: NOVEMBER 3, 1998 RECORDED: MARCH 29, 2001 RECORDING NUMBER: 20010329000298 ASSIGNEE: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF PNC MORTGAGE ACCEPTANCE CORP. , COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2000-C2 16. ASSIGNMENT OF LEASES AND RENTS GIVEN FOR SECURITY AND THE TERMS AND CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS CONDITIONS THEREOF: ASSIGNOR: GORDON SWOPE AND ANNE SWOPE, HUSBAND AND WIFE ASSIGNEE: MIDLAND LOAN SERVICES, INC. , A DELAWARE CORPORATION DATED: OCTOBER 15, 1998 RECORDED: OCTOBER 16; 1998 RECORDING NUMBER: 9810161302 v ASSIGNMENT OF SAID ASSIGNMENT OF LEASES AND RENTS- DATED: NOVEMBER 3, 1998 RECORDED: MARCH 29, 2001 RECORDING NUMBER: 20010329000298 ASSIGNEE: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF PNC MORTGAGE ACCEPTANCE CORP. , COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2000-C2 cm 17. DEED OF TRUST AND SECURITY AGREEMENT (FIXTURE FILING) , AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GAMS GARDEN PARK II L.L.C. , A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: DONALD P. KIRKPATRICK, ATTORNEY AT LAW BENEFICIARY: TIMOTHY B. WHITE AMOUNT: $ 425, 000.00 DATED: DECEMBER 14, 2004 RECORDED: DECEMBER 16, 2004 RECORDING NUMBER: 20041216002086 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS AD 18. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR GAMS GARDEN PARK II, LLC. AB NOTE: A COPY OF THE LIMITED LIABILITY COMPANY AGREEMENT, AND AMENDMENTS THERETO, IF ANY, MUST BE SUBMITTED. AP 19. ANY CONVEYANCE OR MORTGAGE BY GAMS GARDEN PARK II, LLC, MUST BE EXECUTED IN ACCORDANCE WITH THE LIMITED LIABILITY COMPANY AGREEMENT AND BY ALL THE MEMBERS, OR EVIDENCE MUST BE SUBMITTED THAT CERTAIN DESIGNATED MANAGERS/MEMBERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. c. 20. TITLE IS TO VEST IN MSC GARDEN PARK 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AND WILL THEN BE SUBJECT TO THE FOLLOWING MATTERS SHOWN AT PARAGRAPH(S) 21 AND 22 . BK 21. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR MSC GARDEN PARK 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY. BL NOTE: A COPY OF THE LIMITED LIABILITY COMPANY AGREEMENT, AND AMENDMENTS THERETO, IF ANY, MUST BE SUBMITTED. Bo 22 . ANY CONVEYANCE OR MORTGAGE BY MSC GARDEN PARK 2, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, MUST BE EXECUTED IN ACCORDANCE WITH THE LIMITED LIABILITY COMPANY AGREEMENT AND BY ALL THE MEMBERS, OR EVIDENCE MUST BE SUBMITTED THAT CERTAIN DESIGNATED MANAGERS/MEMBERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. As 23. MATTERS DISCLOSED BY SURVEY BY DRYCO SURVEYING & MAPPING DATED SEPTEMBER 25, 1998, JOB NO. 98086: PARKING SPACES, PLANTERS AND SIGN ENCROACH INTO RIGHT OF WAY FOR MILITARY ROAD SOUTH. AI 24 . TO PROVIDE AN EXTENDED COVERAGE OWNER'S POLICY GENERAL EXCEPTIONS A THROUGH D WILL BE CONSIDERED WHEN OUR INSPECTION AND/OR REVIEW OF SURVEY, IF REQUIRED, IS COMPLETED. GENERAL EXCEPTIONS E THROUGH H WILL REMAIN IN THE OWNER'S POLICY TO ISSUE. A SUPPLEMENTAL COMMITMENT WILL FOLLOW. IF THE ANTICIPATED CLOSING DATE IS LESS THAN 4 WEEKS FROM THE DATE OF CLTACMB2/RDA/0999 • • CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS THIS COMMITMENT, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. AJ 25. PRIOR TO ISSUING AN EXTENDED FORM OWNER'S POLICY THIS COMPANY REQUIRES THAT THE PARTIES TO THE TRANSACTION PROVIDE AN ALTA/ASCM CERTIFIED, AS-BUILT SURVEY. AK NOTE 1: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FIRST PAGE OR COVER SHEET REQUIREMENTS: 3" TOP MARGIN CONTAINING NOTHING EXCEPT THE RETURN ADDRESS. 1" SIDE AND BOTTOM MARGINS CONTAINING NO MARKINGS OR SEALS. TITLE(S) OF DOCUMENTS. RECORDING NO. OF ANY ASSIGNED, RELEASED OR REFERENCED DOCUMENT(S) . GRANTORS NAMES (AND PAGE NO. WHERE ADDITIONAL NAMES CAN BE FOUND) . GRANTEES NAMES (AND PAGE NO. WHERE ADDITIONAL NAMES CAN BE FOUND) . ABBREVIATED LEGAL DESCRIPTION (AND PAGE NO. FOR FULL DESCRIPTION) . ASSESSOR'S TAX PARCEL NUMBER(S) . RETURN ADDRESS (IN TOP 3" MARGIN) . **A COVER SHEET CAN BE ATTACHED CONTAINING THE ABOVE FORMAT AND DATA IF THE FIRST PAGE DOES NOT CONTAIN ALL REQUIRED DATA. ADDITIONAL PAGES: 1" TOP, SIDE AND BOTTOM MARGINS CONTAINING NO MARKINGS OR SEALS. ALL PAGES: NO STAPLED OR TAPED ATTACHMENTS. EACH ATTACHMENT MUST BE A SEPARATE PAGE. ALL NOTARY AND OTHER PRESSURE SEALS MUST BE SMUDGED FOR VISIBILITY. FONT SIZE OF 8 POINTS OR LARGER. ALL INFORMATION MUST BE LEGIBLE AND CAPABLE OF BEING IMAGED. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04 . SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOTS 20-22, VOLUME 86 OF PLATS, PAGE 15. CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS END OF SCHEDULE B CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B (Continued) Order No.: 1068022 Your No.: SPECIAL EXCEPTIONS cs THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: SHELTER RESOURCES, INC. KATHLEEN MCCUSKER 2/1 (425)454-8205 CHICAGO TITLE ESCROW -SUE STEVENS SUE STEVENS 1/1 KANTOR, TAYLOR, MCCARTHY, BRITZMANN MARK KANTOR 1/1 (206) 625-9898 CLTACMB2/RDA/0999 ' y C x J „ZC -� r _.f 'F i L' 'IT S' - '.� A k .4 u , y ,'rd.r7 .- �y Firegi 7 yx� yg n fi `rw • i i h •• aI�a r, fi l - 'i 4i> i 5 r ``�^y .". .,.:t a •':r z , }`� , =fr- "EKE - -x' ,a*. sa �i' Y.'. . e m�,• #r r.�,• •a v2. fit"" G k A a. rFp n -. -..n-`fie "� trt t 7s '`- ''; �y, "t 4,' ram, x : ` #" ^,1'' -.,4Fy.,l xswc�'"'A"r *x �: 444,-0 s" +.n `'.,.., ,• k. x 'i "%,"•'ih .k tan "x mow"a4C 'S 14 r , '*yew. � „ 4�� �b _-f'E l �. ,e rn' "i"t �`'t.2kY e,f jr ,,5 :wbw A wMFM '4 t l +1 : t 5 f 'L i- s a. a -'Yft .r,t�"K- w- .,c. .*- ,.M .. �« 'r " w, ;a'�—y& :ate";`> d3 v .c :.. �...�w,, ,. a� .7,c�-4 .�.. .. 9 m r ar --r:CP' . , .i:aaG.,. 4 a zwp Cj#s. » 3 `i �h� 3 Y .. 4 1 Via. 1 ,.. "3,t. @ -e.1(c � u„ tea; s� x,Pr „,.. s. ��%;u� g k� II! !.,�, ,.. ` . Lam, ' . r.aww+"%.. "��, j t ,2'. ,6c F st 3+ F • w� - 3( r a x Y •w ..*-...,. .,.. -„,,-,,,,1„:;,,,-,,:;::?. .,:i,,F:..,,=_0.,'E:.'5..r.../ .7;.,.',. :T..,--,•,, ,i:-' --.- , ; .,.1 - ,,E4'.„'., I'V'i,:,x7.-Aeffc tVe-,,,y :,,,_,,,,':.4j0,-:',.-ft,,.0-6P., :,'„,-,',?:-.-:,,:-', , mXn r 4 '' l.+tm xh a� 4, .cat .� '' ,.-a -•r"y:,-z .-z.. '',qt• . r 1 fin $,,')' -�# A 4 , j u k .t ry : {-44-w .. -"ram - h,« I rz" �S r�, lq} T',swS`S t' 4L s as as r bf 'r^T-+X .,'' may'... ar zG. '� y e,-^t y''-r`e^ i s.:. f M '- � , fk;y'i -�`.: ttr: . '", ,.aa --t ::I","::'pyr r h ti.9a rt lfatf A v ,M .-. .s'x� F` :x } ' `tIi'.' jaw„eSrt"' ' +4 . "k RECEIVED 05 - r 0 1 5 ® MAR 1 8 2005 CITY OF FEDERAL WAY 5UILDING DEPT.