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05-104505 CITY OF CITY HALL EZ °9639 °8"9 Federal Way0 www.cityoffederalwa y.com October 7, 2005 Guy Mahan PMB 181 - 14241 Woodinville-Duvall Road Woodinville, WA 98072 RE: File Nos.05-104505-000-00-SE; NOTICE OF COMPLETE APPLICATION Mahan Four Units,2237 South 333rd Street,Federal Way Dear Mr.Mahan: On September 2,2005,the City of Federal Way received your Use Process III application and State Environmental Policy Act(SEPA)checklist for the above-referenced proposed four residential units at 2237 South 333rd Street,in Federal Way. Pursuant to the development application submittal requirements established in Federal Way City Code(FWCC)Sections 22-389 and 18-49,the City has 28 days to determine whether or not an application is complete. COMPLETE APPLICATION Pursuant to the FWCC,your application has been reviewed by the Development Review Committee(DRC) and determined complete as of September 30,2005,based on the submittal requirements for Process III Project Approval and SEPA.A 120-day time-line for technical review of the project has started as of this date. Having met the submittal requirements,pursuant to the FWCC,a Notice of Application(NOA)will be published in the Federal Way Mirror within 14 days,and posted on the City's official notice boards. Additional public notice will be given in accordance with code when the City issues a threshold determination under SEPA. TECHNICAL REVIEW Please note that a technical review of the submitted materials has not been conducted at this time. A technical review of the application materials will be conducted within approximately the next three weeks.The forthcoming technical review will result in a request for additional information and potential revision and modification to plans and application materials in order to meet applicable code requirements. If you have any questions regarding this letter or your development project,please contact me at 253-835- 2641,or jim.harris@cityoffederalway.com. Sincerely, Jim Harris Senior Planner c: Ann Dower,Engineering Plans Reviewer Sarady Long,Traffic Analyst 05-104505 Doc.LD.33477 Page 1 of 1 Andy Bergsagel - RE: Mahan townhouses From: "Brian Asbury" <BAsbury@lakehaven.org> To: "Andy Bergsagel" <Andy.Bergsagel@cityoffederalway.com> Date: 12/1/2006 11:00 AM Subject: RE: Mahan townhouses Andy, The only sewer lines and easement we'd have an encroachment issue with is those lines shown on the attached map at the southern side of the property. If that's the area you're referring to, then trees would definitely be an encroachment and problem no matter the depth. If it's new/relocated sewer service pipe on the west side of the buildings, then while we'd never recommend trees over sewer/water lines it's not a standard or rule we have or enforce. Brian Asbury Engineering Technician III Lakehaven Utility District http://www.lakehaven.orcilstandards.htm FAX 253-529-4081 NOTE: Lakehaven Utility District neither warrants nor guarantees the accuracy of any facility information shown. Facility locations and conditions are subject to field verification. All fees and charges subject to change without notice. From: Andy Bergsagel [mailto:Andy.Bergsagel@cityoffederalway.com] Sent: Thursday, November 30, 2006 8:32 PM To: Brian Asbury Subject: Mahan townhouses Brian: I was out sick today and am checking e-mails as a courtesy. I am not sure if you had a chance to stop by my cubicle, but in any event I was not here. I am going to go ahead and approve the Mahan Townhouses. I have asked for trees to be planted in some planting areas that are near where the civil plans show a sewer line, but the line is pretty deep. You might want to check and see why that line is so close to the building anyway. Is it an existing line? If you have a problem with this, let me know Monday, when I should have the draft decision back from Greg. I will put a copy of the red-lined landscape plan in your box here. I routed the civil plans to you a long time ago. The civil stuff shown on the landscape plan is outdated, since I did not make them revise the landscape plan too. Andy file://C:\Documents and Settings\default\Local Settings\Temp\GW100001.HTM 12/4/2006 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMEN 3 NOV 3 0 2007 Guy A. Mahan PMB 181 14241 NE Woodinville—Duvall Rd. Woodinville, WA 98072 November 29, 2007 City of Federal Way Certified Mail,Return Receipt Jim Harris 33325 8 Avenue South Federal Way, WA 98063 RE: File No. 05-104505-000-00-SE Mahan Four Units, 2237 South 333 St. Dear Mr. Harris, As you know, on August 27, 2007 I made application to the city for building permits for the above referenced approved Process 3 application. I understand that the Planning Department and the Building Department has approved your respective portions of the permit process. The Public Works Department has numerous issues regarding the already approved engineered plans. These engineered plans were revised and reviewed numerous times by Public Works and consequently approved during the Process 3 application. These plans were not concept plans but were completed to a construction level. My engineer and I have met with Ann Dower to discuss the issues and we are revising the plans as needed. I expect this to be completed in the next couple of weeks. As part of the Process 3 Approval, I understand that the approval was good for one year. Since the one year period is about to expire, I am requesting an extension of the Process 3 Approval which will allow me adequate time to receive the necessary approval from the Public Works Department. Your prompt response is greatly appreciated. Sincerely,' L`JAt Guy A. Mahan RECEIVED BY �',1• i COMMUNITY DEVELOPMENT DEPARTMENT FEB 1 5 ZOO? AFTER RECORDING MAIL TO: Name Guy and Susan Mahan Address 19909 163rd Avenue NE City/State Woodinville,WA 98072 Statutory Warranty Deed Stewart Title of Snohomish County,Inc. THE GRANTOR Guy Mahan and Susan Mahan, husband and wife for and in consideration $10.00 and other valuable consideration, conveys and warrants to The City of Federal Way, Washington the following described real estate, situated in (this space for title company use only) the County of King,State of Washington: The north 3 feet of Lot 2 of King County Short Plat No.280049 revision,recorded under Recording No. 8110190295,records of King County,Washington,being a revision of Short Plat recorded under Recording No. 8009090741,and being more particularly described as a portion of Tract 26, STATE PLAT,in the southwest quarter of Section 16, Township 21 North,Range 4 East,W.M.,in King County, Washington. Said property adjoins to the south margin of South 333`d Street and this conveyance is for additional road purposes. Assessor's Property Tax Parcel/Account Number(s): 797820-0184-07 DATED this t 3 day of SJpc v,cr. , Zoo'? Nakeb, y ah n Susan Mahan LPB10-11/96 Page 1 of 2 ink (Individual) STATE OF WASHINGTON } SS. County of q } I certify that I know or have satisfactory evidence that Guy Mahan and Susan Mahan are the person(s) who appeared before me, and said person(s) acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. DATED: e.lf,ruar. l3( ?,00`Z ``,``NN�111�H1�1p�� M�.1AN(; ��. Q_uanap, ped or rin S �n TcjL `• �a •\SS�pjy F•.,/r %�. NOTARY PUBLIC in and for the State (f) ;�o�`� '0.0. Residing at fJaoc�trlVti`c_ • c► *PTA AY a My appointment expires: 3'u lt, zoo 9 :,`"1�•�r is 20�.1Q=, \\"G`��\` LPB 10-11/96 Page 2 of 2 CITY OF MEMORANDUM w _• Federal Way Public Works Department DATE: September 28, 2005 TO: Jim Harris FROM: Sarady Long SUBJECT: MAHAN - (05-104505-00-SE) 2237 S 333RD ST The Traffic Division has had the opportunity to review the submitted materials and found the application to be complete. However, the requirements from the May 10th, 2004, Memo from Maryanne Zukowski have not been addressed by this submittal. Per the May 10th, 2004 Memo,a sight distance analysis is required at the new driveway location. The sight distance must be reviewed and stamped by the applicants Civil Engineer, licensed in the State of Washington. Please note, this analysis must be addressed in order to proceeding forward with the project. L:\CSDC\DOCS\SAVE\26560891096.DOC • 05 104505 , RESUBMIDr DIENTOFCOMMUNITYDEVELOPMENTSERVICES 33325 8`"Avenue South CITY OF PO Box 9718 FederWayCITy MAR 0 2 2006 Federal Way WA 98063-9718 a I OF FEDERAL 253-835-2607;Fax 253-835-2609 WAY www.cityoffederal way.corn BUILDING DEPT. Crime Prevention Through Environmental Design (CPTED) Checklist Directions Please fill out the checklist to indicate which strategies have been used to implement CPTED principles in your proposed project.Please check all strategies that are applicable to your project for each of the numbered guidelines. You may check more than one strategy for each guideline. Your responses will be evaluated by City Staff,and will be integrated into the Site Plan and/or Building Permit review process. Section and ✓ Functional Area for Performance Performance- tandard. Evaluationnelftin O ` Standard Strategy U Applicable dig site Revie w% �.'0 Applicable dt ceding-Permit Review Section 1.0 Natural Surveillance 1.1 Blind Corners _ Conforms Avoid blind corners in pathways and parking lots. Revise _NA Counts` Pathways should be direct.All barriers along pathways should be permeable(see through)including landscaping,fencing etc. ■ Consider the installation of mirrors to allow users to see ahead of them and around corners. e Other strategy used: Ti//yi'o ,g- az( , n' .c, Q ! / gib Y' w-f 2 oil" ,FS oaf 1/15el6//in/ 1.2 Site and Building Layout __Conforms Allow natural observation from the street to the use,from the __Revise use to the street, and between uses �_NA Comments: Bulletin#022-August 18,2004 Page 1 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy • Applicable"during Site Plan.Review e Applicable during Building Permit Review Orient the main entrance towards the street or both streets on For Non-Single corners. • Family Development ED Position habitable rooms with windows at the front of the dwelling. ■ Access to dwellings or other uses above commercial/retail development should not be from the rear of the building. ■ i / Offset windows,doorways and balconies to allow for natural MMM observation while protecting privacy. ■ ❑ Locate main entrances/exits at the front of the site and in view of the street. ■ For Commercial/ Retail/Industrial If employee entrances must be separated from the main and Community ❑ entrance,they should maximize opportunities for natural Facilities surveillance from the street. ■ ❑ In industrial developments,administration/offices should be located at the front of the building. ■ Avoid large expanses of parking.Where large expanses of For Surface 0 parking are proposed,provide surveillance such as security Parking and cameras. • Parking Structures Access to elevators,stairwells and pedestrian pathways should ❑ be clearly visible from an adjacent parking area. ■ ❑ Avoid hidden recesses. ■ N jal /Locate parking areas in locations that can be observed by adjoining uses. ■ Open spaces shall be clearly designated and situated at For Common/ locations that are easily observed by people.Parks,plazas, Open Space common areas,and playgrounds should be placed in the front Areas of buildings. Shopping centers and other similar uses should face streets. ■ Other strategy used: 0 Bulletin#022—August 18,2004 Page 2 of 9 k:\Handouts\CPTED Checklist Section and ✓ _Functional Area Evaluation for performance Performance Standard Agency Use Only Standard Strategy • Appbcable slating Site Plan Review $ Appl able dining Building Permit Reviex+ ' ei 1.3 Common/Open Space Areas and Public On-Site Open Conforms . Space _ _Revise Provide natural surveillance for common/open space areas. RA Comments Position active uses or habitable rooms with windows adjacent 07 to main common/open space areas,e.g.playgrounds, swimming pools,etc.,and public on-site open space. ■ Design and locate dumpster enclosures in a manner which 17 screens refuse containers but avoids providing opportunities to hide. ■ Locate waiting areas and external entries to elevators/stairwells ❑ close to areas of active uses to makehem visible from the building entry. e #1- ❑ Locate seating in areas of active uses. e �Cher strategy used: d P it l" 5/)` €-es .)4 '/✓-e.. • /i S tS 1 — w i 0 `e OP 1.4 Entrances _Cons.. Provide entries that are clearly visible. Revise NA Comments: Design entrances to allow users to see into them before entering. ■ Entrances should be clearly identified(Signs must conform to ❑ FWCC Section 22-1569(D).Permit Exceptions.(Applicable during Certificate of Occupancy Inspection). Other_strategy used: • .�.,✓ 1,/g1 s f)''"►) 0 U,•v/TS 4✓-1 A #,.yS ,!2 rp 1/, 5 — rvv ,y yam. y 5 7-0 .-v A//i^e v at7 t) S 1.5 Fencing _Conforms Fence design should maximize natural surveillance from the ._Revise street to the building and from the building to the street,and _NA minimize opportunities for intruders to hide. Comments: Bulletin#022—August 18,2004 Page 3 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review ❑ Front fences should be predominantly open in design,e.g. pickets or wrought iron,or low in height. e Design high solid front fences in a manner that incorporates ❑ open elements to allow visibility above the height of five feet. e If noise insulation is required,install double-glazing at the ❑ front of the building rather than solid fences higher than five feet. e Other strategy used: j P 4- ' )..1// A T 1.6 Landscaping _Conforms Avoid landscaping which obstructs natural surveillance and _�RRevise; allows intruders to hide. NA / Comments; c/ Trees with dense low growth foliage should be spaced or their RRR�� crown should be raised to avoid a continuous barrier. ■ se low groundcover,shrubs a minimum of 24 inches in eight,or high-canopied trees(clean trimmed to a height of eight feet)around children's play areas,parking areas,and along pedestrian pathways. • wi Avoid vegetation that conceals the building entrance from the ��bbb°°° street. • Other strat y used: 'Ili 0546t/t T'v / .0fe4-4rfr..Pi/ iL# 4 i--,f A ova S 1.7 Exterior Lighting _Conforms Provide exterior lighting that enhances natural surveillance. ,.Revise (Refer to FWCC Section 22-1635(g)(1)for specific lighting NA requirements.) Comments: iDArepare a lighting plan in accordance with Illuminating ngineering Society of America(IESA)Standards,which addresses project lighting in a comprehensive manner.Select a lighting approach that is consistent with local conditions and crime problems. ■ fi'i 4 i,-1.� 0-1/ I-ya�i A- i f / --p4 ' Bulletin#022—August 18,2004 Page 4 of 9 k:\Handouts\OPTED Checklist • Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy, O Applicable during Site Plan Review $ Applicable during Building Permit Review Locate elevated light fixtures(poles,light standards,etc.)in a ❑ coordinated manner that provides the desired coverage.The useful ground coverage of an elevated light fixture is roughly twice its height. ■ Ili tA_ For areas intended to be used at night,ensure that lighting ❑ supports visibility.Where lighting is placed at a lower height to support visibility for pedestrians,ensufe that it is vandal- resistant. e Ar , ❑ Ensure inset or modulated spaces on a building facade, access/egress routes,and signage is wel lit. e ✓✓/GA' /In areas used by pedestrians,ensure that lighting shines on pedestrian pathways and possible entrapment spaces. e Place lighting to take into account vegetation,in its current and ❑ mature form,as well as any other element that may have the potential for blocking light. e 0, 10( iAvoid lighting of areas not intended for nighttime use to avoid giving a false impression of use or safety.If danger spots are usually vacant at night,avoid lighting them and close them off to pedestrians. e ❑ Select and light"safe routes"so that these become the focus of legitimate pedestrian activity after dark. • N/ v' ❑ Avoid climbing opportunities by locating light standards and electrical equipment away from walls or low buildings. e Use photoelectric rather than time switches for exterior lighting. e In projects that will be used primarily by older people ❑ (retirement homes,congregate care facilities,senior and/or community centers,etc.)provide higher levels of brightness in public/common areas. e pv ' f' Other strategy used: 0 1.8 Mix of Uses _Conforms In mixed use buildings increase opportunities for natural Revise surveillance,while protecting privacy. NA Comments: Bulletin#022—August 18,2004 Page 5 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area: Evaluation for Performance Performannee Standard Agency Use Only Standard Strategy ■ Applicable during$ite Plan Review . e Applicable during Building Pe it Review Where allowed by city code,locate shops and businesses on lower floors and residences on upper floors.In this way, ❑ residents can observe the businesses after hours while the residences can be observed by the businesses during business hours. • i a ❑ Include food kiosks,restaurants,etc.within parks and parking structures. • 1 r4' Other strategy:used O 1.9 Security Bars,Shutters,and Doors ,Confonns When used and permitted by building and fire codes, security .,,_Revise bars, shutters,and doors should allow observation of the street _NA. and be consistent with the architectural style of the building. Cotnnlents: ❑ Security bars and security doors should be visually permeable (see-through). e w ` •7 v Other strategy used: ) CI Section and ,/ Functional Area Evaluation for Performance Performance Stcuzdard, Agency Use Only Standard Strategy • Applicable during Site Plan Review e Applicable during Building Permit Review Section 2.0 Access Control 2.1 Building Identification _Conforms Ensure buildings are clearly identified by street number to _Revise prevent unintended access and to assist persons trying to find _NA the building. Identification signs must conform to FWCC, Comments: /Section 22-1569(D). Permit Exceptions. �/ Street numbers should be plainly visible and legible from the W street or road fronting the property. e v✓I I I . -v6 r4// //vds to Bulletin#022—August 18,2004 Page 6 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard' Agency Use Only Standard Strategy Ill Applicable during Site Plan Review e Applicable during Building Permit Review n residential uses,each individual unit should be clearly numbered.In multiple building complexes,each building entry iv should clearly state the unit numbers accessed from than entry. In addition,unit numbers should be provided on each level or floor. e 1/4/III DO ®/Street numbers should be made of durable materials,preferably reflective or luminous,and unobstructed(e.g.by foliage). e For larger projects,provide location maps(fixed plaque ❑ format)and directional signage at public entry points and along internal public routes of travel. e w ) A, Other strategy used: O 2.2 Entrances Conforms Avoid confusion in locating building entrances. _Revise _NA. Comments: (Entrances should be easily recognizable through design features and directional signage.(Signs must conform to FWCC Section 22-1569(D).Permit Exceptions. ■ [Minimize the number of en points. • Others ategy used:• �! il/Q I✓oaf/''r 2.3 Landscaping _Conforms Use vegetation as barriers to deter unauthorized access. Revise _NA Comments: 0 Consider using thorny plants as an effective barrier. e 2/Other stfategy used: p 14 !�/4"4n 51'rid� 2.4 Landscaping Location _Conforms Avoid placement of vegetation that would enable access to a —Revise building or to neighboring buildings. _NA Comments: Bulletin#022-August 18,2004 Page 7 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy I Applicable during Site Plan Review e Applicable during Building Permit.Review Avoid placement of large trees,garages,utility structures, fences,and gutters next to second story windows or balconies that could provide a means of access. ■ l,✓i 11 ]) 0 Other strategy used: O 2.5 Security Conforms Reduce opportunities for unauthorized access TRi NA. Comments: VConsider the use of security hardware and/or human measures to reduce opportunities for unauthorized access.(Applicable during Certificate of Occupancy Inspection). J, LJ6� `7e✓vV"Y' (14k5 Other strategy used: O 2.6 Signage confoxtns Insure that signage is clearly visible,easy to read and simple to —Revise understand[Signs must conform to FWCC Section 22-1569(D). DNA Permit Exceptions]. ili f Fr Comments: ❑ Use strong colors,standard symbols,and simple graphics for informational signs. e Upon entering the parking area,provide both pedestrians and For Surface 0 drivers with a clear understanding of the direction to stairs, Parking and elevators,and exits. e Parking Structures In multi-level parking areas,use creative signage to distinguish ❑ between floors to enable users to easily locate their cars. e ❑ Advise users of security measures that are in place and where to find them,i.e. security phone or intercom system. e ❑ Provide signage in the parking area advising users to lock their cars. e Bulletin#022—August 18,2004 Page 8 of 9 k:\Handouts\CPTED Checklist Section and ✓ Functional Area Evaluation for Performance Performance Standard agency Use Only Standard Strategy • Applicable during;Site,Plan Review ® Applicable during Building Permit Review ❑ Where exits are closed after hours,ensure this information is indicated at the parking area entrance. e f�'^ f ver Other strategy used: " Section 3.0 Owrteruhip� ,. 3.1 Maintenance Conforms= Create a"cared for"image _Revise. NA Com:tteiits: nsure that landscaping is well maintained,as per FWCC Oection 22-1569,in order to give an impression of ownership, wnerslup, care,and security.(Ongoing). w f r( 1) 0 /Where possible,design multi-unit residential uses such that no more than six to eight units share a common building entrance. • 4. s/i 4 " Fi7✓✓l/ Other strategy used: /` 3.2 Materials Conforms. Use materials, which reduce the opportunity for vandalism. _,,.,Revise -..NA Comments: Consider using strong,wear resistant laminate,impervious glazed ceramics,treated masonry products,stainless steel 0 materials,anti-graffiti paints,and clear over sprays to reduce opportunities for vandalism.Avoid flat or porous finishes in areas where graffiti is likely to be a problem. e ❑ Where large walls are unavoidable,refer to FWCC Section 22- 1564(u)regarding the use of vegetative screens. e 1//v), /Common area and/or street furniture shall be made of long [[}/ wearing vandal resistant materials and secured by turdy anchor points,or removed after hours. e WI / tl 0 . // Other strategy used: 0 Bulletin#022—August 18,2004 Page 9 of 9 k:\Handouts\CPTED Checklist ViON SNORT PLAT N0 - here_ S _ S._[.ice T...d.[_ R._.2:-.— `_ KING COUNTY WASHINGTON This space reserved for APPROVAL recorder's use Department of Planning and Gbamunity Development Building and lend Development Division in ...MOO Examined and approved this 41.....day of 0 Manager, Building i Land Development Divisi co Department of Public Works eafxasin d and approved this day of riled for record at the ... 19e/ request of: --;1141111 Director ....� �aaari ' 4/raa,,ye2 t Ameer- 81'i W 19 Name 00295 A �RpEeCuDciF 5.00 Department of AssealmaP SL »***5.00 22 a Exaeined and approved this —1 l , day of at a -mi �_ , 19 Return for _jehitl_ 8 Articling 4 Lend Development Assessor antaCatsrrtioR Dug -- Seattle, Washington 98104 + rty s eve L LEGAL DESCRIPTION Tract 26, State Plat in Section 16 TWP. 21 N., R. 4E, W.H., according to the plat recorded in Volume 41 of Plats, page 30, in King County, Washington. Except that portion there of con- veyed to the State of Washington, under Auditor's Filo Ho. 5021321. LOT 1 The Weat 320 feet of Lot 26, State Plat In Section 26 TWP, 21 H., N. 4E, W,M., according �o fee plat recorded in Volume 41 of Plats, page 30, in King County, Washington. LOT 2 The East 110 feet of the North 260 feet of the West 430 feet of Lot 26, State Plat i'nEction 16 TWP. 21 N., R. 4E, W.i,, according to 'he plat recorded in Volume 41 of Plats, ppage 30, in King County, Washington, subject to eas nt for drainage over the Westerly 15 LOT 3 The North 260 feet of Lot 26, State Plat in Section 16 TWP, 21 N., R. 4E, N.M. tote plat recorded in Volume 41 of Plats, page 30, in King County, Washington. the West 430 feet and except that portion of said Lot 26 lying . according circle having a radius of 25 foot which is tangentExcept Lot 26 dedicated to Kin Countyo for rued to the NorthN Northeasterly East linesof the of a 1 conveyed to the State of Washington, under Auditosr', Fes ile xNo.cept that portion of said Lot 26 ` 24 feet in width for ingress, egress and utilities over the Easterly Subjectj as measured at rights to e of asement Lot 26 as measure, at ih angles Pilet No.Westerly line of that portion conveyed to the State of 26 5021321. LOT 4 Tract 26, State Plat in Section 16 TWP. 21 N., R. 4B W.N. 1 recorded in Volume 41 of Plata , 4 , according to the plat v feet and except the North ? , page 30, in King County, Washington. Except that Vest 320 s State of Washington, under Audittoor's Fib 50213t and except 21tlying Sourtion therly of the North 260 feet. Together with an easement for ingress, said Lot 26 conveyed to the c portion of the North 260 feet ofgsaid,Lott226sasnmeysurediat right angles width the over the Easterly of that portion conveyed to the State of Washington, glee to Westerly line ' to easement for drainage over the Westerly 15 f et exceptrthe dSoutherly 140nfeet and that ' portion of Lot 4 lying Southwesterly of a line beginning at a 5021321, subject Mao on File in VaultPage j: point 15 feet East and 40 feet North of the Southwest corner of' of 4 and endins a East of the Southwest corner of Lot 4. ; ' "'• ,int on south line of Lot ] of-�+�- ..20--vi{�p , 60 teat 71 AT TEE TIME Tic CCPI:,:t2CIAL WILDING P Fcu fiISIT 13 42'FLI3D s •!13 STORY! DRAI.:AGi: PLANS MAST. BE JU'PROVED 3Y T:;;t. Q DIVISION OF SUJI7AC3 WATER MANAG ENT (DZICP PUBLIC, WORKS). 'BUSE PLANS MIST COMPLY NITS KING CCUIJ'r CC • V. 1 AU CHAPTER 20.50. •'I • 3: 333 t" 3T. 1 • s44.55• atsaia'at.a�a ! q� • $$20.00• • no.00 :it.53' /'. s moo' .'i I4Ierp • D Rw/ufia �it� tuT- t o Lofi 1 •1 •pp ' Lot •Lot3rf P W iy .1 • yl r _y `y . . i r r /t i f 1 4 1; ik • li 18 ji ��1 1 Lot44 - • 1120.00• L ' s+4'."7•: $SW113'a2$•E so, -' • WARN:N,: KING COUNTY :La3 N0 •tESPOi1';;IBILITY TO BJILD Ir'.PROVE MAINTAIN Crl GPII.'.'..R1IS3 S EAVICE TILE PRIVATE RCADS CONTAINED ' IT I i OR PRCVIDIeG SERVICE TC IIIE PROP TY Dr. CRI3r;D IN TRIG u.ICRT PLAT. Vert: A etera0 C.Mov.r ar$S., Maar AL'Nirnacm0 no AwisOwweaL so.rrt tciyy.Country/ P a Au.�soe: �emsmo irsales ips 43 PALe.p r YmvStoP�r�T .e to ng gmoor is iMIMNPso Ana �v/Ld .arc v. s tsl! rou. p4144.‘4 t Covert,"iar y Pet stoma% As nwlr eft roe tomma,aua% power.r A�rasll aa•l�ais Cwa►NO D•Rt+s NORTE P.On File f11 Vault DRAWING PR-.E:aHtrM II7 '1II.LI.u': 2. B;utdE^? Dlraetlon$ • - Solar: r • /Op' • /.TO . 00 !O *Kitt Plat Do, 260049 lavirtiw Pass mot$ • CSCLAR&TION t • MOON ALL NEN 3y theca presents, that we, the undersigned, owners in fee simple (and contract purchaser(s)) of the land herein described, do here- by revise Short Subdivision Application No. 260049 as re- corded under necording No. yi County, Washington, and , oaothe of furs � ant to RCN 58.17.060 declare this revised short port lai lat to be the thereof ph representation of the sane, and that said revised short subdivision is nade with the free consent, and in accordance with the desire of the owner(s). IN WITNESS WEENEoF Na have set our hands and seals. Nay t Developments, Ltd. by — Name Day M. Kelley, President 5 Name O co NaasWarne STATE OP NASEING ION,I. • County of Co this day personally appeared before me David M. Kelley to me (mown to be the president of the corporation described AgjA* • instsuamnt, L... acknperi and who • d the el and'foregoing act and deed, for the ua•gantd at�, atgo•d the agar as free and voluntary purposes therein mentioned,for an o said corporation. GIVEN under my hand and official seal this � day of 19 . Notary Public fn an for th•8trt• of Washington, residing at seal STATE OP SASEING"TON,) lint. County of On this day personally appeared before me • tome known to be the individual described in modulo executed the within end foregoing Instrument. and acknowledged that signed the sass as free and voluntary act and dead, for the uses .. purges.. therein mantle:4d. GIVEN under sod hand and official seal this day of , lg Notary Public in and for the State of Washington, residing at mel Short Plat Humber SI0044 4llnWiyv Page 3 of 3 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: March 3, 2006 TO: Ann Dower, Engineerng Plans Reviewer Sarady Long Greg Brozek -, A FROM: Jim Harris FOR DRC MTG. ON: NA FILE NUMBER(s) : 05-104505-00-SE RELATED FILE NOS. : None PROJECT NAME: MAHAN PROJECT ADDRESS: 2237 S 333RD ST ZONING DISTRICT: RM 2400 PROJECT DESCRIPTION: Proposal to add (2) duplex units to existing parcel with exisitng (4) plex on-site. MATERIALS SUBMITTED: Preliminary Plat conceptual drawing Attached is the following (highlighted) Revised civil plans Revised site plan Revised TIR Response Letter Topo survey Please review and let me know if you have any technical comments, sepa conditions etc. 05 104505 March 2, 2006 RESUBMITTED MAR 0 2 2006 Jim Harris Planner CITY OF FEDERAL WAY SeniorBUILDING DEPT. City Of Federal Way 33325 8th. Ave South Federal Way, WA 98063 RE: File No. 05-104505-000-00-SE Pk19 2 2 D°L9 — Mahan Four Units, 2237 South 333 Street 2 • a to LA, LLndsca0e Modification Request Old U . Dear Mr. Harris, This letter is a request for landscape modifications for the above referenced project. See sheet L-2 for additional description of code compliance and modifications requested for the planned development. 1. Right-of-way Buffer Code Paragraph 22-1566 (c) (1) Type III Landscaping 20' deep is required along the road frontage. We are requesting a modification to average this buffer per Code paragraph 22-1570 (b) (1). By doing so we can keep paved areas to a minimum by making the driveway serve to access parking stalls rather the inefficient layout now on the site. The depth varies from 7' plus the 3' dedicated to the City up to 26' to average the total distance at 20'. The additional depth adds an area of 357 sf which makes up for the loss. To summarize the advantage to the City: the plan results in a more efficient parking layout. which reduces the area of paving on the site. It also allows for one access point accessible to fire trucks into the site. 2. Perimeter Buffers along Lot Lines Code Paragraph 22-1566 (a)(3) Type III landscaping 10' deep is required along all interior lot lines. We are requesting a modification of 50%to 5' deep on the west lot line per Code paragraph 22-1570 (e). Four reasons can be given for this request: (1) Access to the site is best located along the west side to accommodate fire trucks and access parking. Access here avoids significant or existing trees that are to be saved. (2) There is over 75' from the multi-family building to the west, while there is only 12' to a duplex on the east. It make sense to put the majority of screening on the east side. (3)Interstate 5 is only 250' from this property to JANE GARRISON LANDSCAPE ARCHITECT 195 FRONT ST. N. ISSAQUAH, WA 98027-3262 (425) 392-2394 FAX: (425) 313 4650 jgarrison@gwest.net Jim Harris March 2, 2006 Page 2 the east. Additional buffer on the east side helps reduce its impacts. (4) A major existing storm drain lies near the west buffer where we can't plant trees. We must plant dense shrubs and groundcover adjacent to the storm drain in this buffer rather than the trees required for type III. The trees can be planted along the east side. A 10' buffer doesn't do us much good if we can't use it to its full potential. To summarize the benefits to the City the plan results in improved access allowing fire trucks to the rear of the property. deeper buffers where surrounding uses are most vulnerable, improved buffer against the freeway. and avoidance of conflicts with an existing storm drain. 3. Required Internal Walkway Code Paragraph 1638 (8) A 6' wide walkway is required to the rear of the property from the street. We are requesting a 3' walk because of the number of units served by a walkway. We like to keep impervious to a minimum especially if it isn't necessary. The large driveway itself should serve as a `people space' where children play, old folks chat, and people meet. It has so few cars going back and forth it would be a shame not to think this way. To summarize the benefits to the City the plan results in less impervious surface without decreasing the pedestrian accessibility within the project. We request that the three above modifications to the Federal Way Code be considered and accepted as improvements over the development that would result from strict adherence. S. erely, ane Garrison RESUBMITTED COMMUNITY DEVELOPMENT SERVICES CITY OF 2 33325 8'K AVENUE SOUTH•PO BOX 9718 MAR 0. 2006 FEDERAL WAY,WA 98063-9718 Federal Way CITY n� 253-835-2607•FAX 253-835-2609 OF FEDERAL WAY www.cityo@`ederalway.com BUILDING DEPT. 05 104505 , RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. "Please note: Additional or revised plans or documents loran active project will not be accepted unless accompanied by this completed form_ Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returnedordiscarded. You are encouraged to submit all items in person and to contact the Customer Service Counter prior to submitting if you are not sure about the number of copies required. ** Project Tracking Number: 0 - ( 0 y co - Project Name: /V 'I4*'i / y L)rIO l% fi N 1 Tie Project Address: 'Z ')- 7 • ; .) S Project Contact: 6c11 / r 7 /_ Phone: (().-1 6 6 0/ Resubmitted Items: #of Copies** Detailed Description of Item 3 (z4f,Wc,- Z .p77-to yis t-fb4/, c' ,' r D 47 /I 0 (owl -z e „_ /1/41 S l y / Mil..41 441 I (e/7 v� • h.o 544-", 0/1 / fie4- f.v firivt95.7 > L /41'2'0 01 //4i / Submit the s_ame number of copies as rdqquired for your initial application.** Resubmittal requested by: 54 I ,41 ,1-41 Letter Dated: 3 / Z.._./ d Ca (Staff Me- 431 Bulletin#129—August 24,2004 Page 1 of 1 k:\Handouts—Revised\Resubmittal Information Guy A. Mahan 0 5 10 4 5 0 5 PMB 181A 14241 NE Woodinville-Duvall Rd. RESUBMITTED Woodinville, WA 98072 MAR 0 2 2006 March 2,2006 CITY OF FEDERAL WAY BUILDING DEPT. City of Federal Way Jim Harris, 33325 8 Ave South Federal Way, WA 98063 RE: File No.05-104505-000-00-SE Mahan Four Units,2237 South 333 Street Dear Mr. Harris, This letter and accompanying documents will address the items in your technical review letter dated October 27,2005. Between my landscape architect,civil engineer,planner and me,we have made every effort to comply with the requirements indicated in the referenced letter. As you know,due to the configuration of the lot which is narrow and the location of the existing fourplex, this is a challenging site. Please note the following comments as numbered on your letter. 1. We have redesigned the entire front area which resulted in a realignment of the parking and we utilized a part of the existing parking and added a play area for the fourplex. To accomplish this,we infringed on a small part of the 20' front landscaping buffer. However, we mitigated that area by adding additional landscaping in front area. 2. The new plan has eight parking stalls matching the existing number of stalls for the existing fourplex. We have added the 120 square feet of additional landscaping as indicated on the plan for parking. 3. Due to the narrow width of the lot,the landscaping buffer on the west side of the property must be five feet wide to allow for driveway access,parking and placement of the new duplexes. To mitigate for the reduced buffer,we have increased additional landscape buffer on the east side of the building. This increased buffer helps to screen the adjoining duplex to the east and screen for noise from Interstate 5. 4. The new design has increased the rear yard area for the new duplexes. The result is that the dwelling is away from the 10 foot landscape buffer and each unit maintains a livable good sized private area. City of Federal Way March 2,2006 Page 2 5. Per my meeting with you Jim and the review of the draft redesign,your comments were addressed regarding landscape modifications. We have designed significant additional landscaping to mitigate the areas where the code could not be fully adhered. The landscape plan has 8,145 SF new plantings and covers 28%of the lot. 6. The new plan has 1,600 square feet of recreational open space located in the front of the building. 7. The new design includes recreational open space located in the hammerhead turn-around. This space is designed as a basketball hoop play area. 8. Attached is a letter from Waste Management that curb side trash pick-up is available for this project. 9. Per the new design,a sidewalk has been added. This sidewalk is a significant improvement compared to the existing design which has no sidewalk. 10. Per the landscape plan,trees will not be planted over any storm or sewer lines. 11. A completed Crime Prevention through Environmental Design checklist is attached. 12. Attached is a copy of the recorded short plat,KCSP number 8110190295. 13. 1. The landscape plan includes trees along the street. 2. The surveyor's map is stamped and signed. 3,4,5. Technical Information Report has been revised. The exempt Flow Control is detailed in Core Requirement No. 3. The Stormfilter system has been revised and meets the 7.5 gpm requirement, and the 0.128cfs water quality flow revised calculations is explained in Appendix"C".of the TIR. 6. There is a separate topo and survey map. 14. The sight distance analysis has been reviewed and stamped by the civil engineer. See page 3.0. As you may be aware,Federal Way Public Works has notified me that they will start a road overlay project on the 2200 block of S.333 St. beginning May 1,2006.For me to complete this project,I must have the gas and water relocated to my side of the street. With only two months until the road overlay project is to begin, a timely review and approval is requested. Sincerely, /1 44111 --- Guy A. Mahan Enclosures Ahli. CITY OF CITY HALL 33325 Federal Way Feder Avenue South• Box 9718 Federall Way,WA 98063-971718 (253)835-7000 www.cityoffederalway.corn October 27, 2005 0 5 10 4 5 0 5 A RESUBMITTED Guy Mahan MAR 0 2 2006 PMB 181 14241 Woodinville-Duvall Road CITY OF FEDERAL WAY Woodinville,WA 98072 BUILDING DEPT. RE: File No.05-104505-000-00-SE;PLANNING DIVISION TECHNICAL REVIEW Mahan Four Units,2237 South 333`d Street,Federal Way Dear Mr.Mahan: This correspondence provides the Planning Division's technical review comments for the State Environmental Policy Act and Process III Site Plan review for the proposed Mahan four-unit development. At this time,the project review has been placed on hold at the City,pending the submittal of additional information identified below. In order for the City to further review the land use applications,please address each of the following comments. It is helpful to the City review staff if you can not only address each comment on the appropriate plans,but also provide a written response identifying how each comment has been addressed in accordance with applicable City code requirements. Please note there are some fairly significant aspects of the site plan that do not meet applicable requirements as proposed.Revisions to the site plan and accompanying plans may result in additional technical review comments as a result of revising the site plan. 1. The proposed parking for the existing four-unit building is proposed within the required 20-foot front yard landscape area per Federal Way City Code(FWCC) Section 22-1566(c)(2).The parking area must be revised and located outside the 20-foot landscape buffer. See additional comments below regarding the requested landscape modification. 2. The existing four units require a minimum of seven parking stalls on site. The proposed site plan shows only the four stalls as discussed in item one above. Please show a total of at least seven on- site parking stalls for the existing four units,designed in accordance with applicable FWCC requirements and dimensional standards. As discussed in item seven of the January 11,2005 preapplication meeting, a minimum of 15 square feet of interior parking lot landscaping must be incorporated into common parking areas. 3. The proposed driveway serving the existing four plex and the proposed four units is located within the required 10-foot perimeter landscape buffer along the west side of the site. The site plan must be revised to locate the driveway outside the 10-foot perimeter buffer area. See additional comments below regarding the requested landscape modification. J. Mr.Mahan October 27,2005 Page 2 4. As proposed, the residents of the proposed units would exit the rear of the dwelling units, directly into a required 10-foot-wide Type III,trees, shrubs, and groundcover landscape area.The proposed new four-plex units are located the minimum setback of 10 feet from the east property line as the 10- foot buffer standards dictate the setback, and the proposed units include rear slider doors adjacent to the ten-foot landscape buffer. In addition,FWCC Section 22-1638(a)(12)requires that ground floor units shall have private outdoor spaces,which exterior spaces are controlled by individual households. The site plan must be revised to meet applicable code requirements for providing ground floor outdoor private areas. I suggest the building depth be reduced, or the buildings be moved west, in order to provide a minimum of five feet depth private area at the rear of the units,which area must be in addition to the ten-foot Type III landscape area along the east property line. 5. The first three comments above are fairly significant site design issues that are related to and reliant upon granting of a landscape modification. As noted in item 7 of the Planning Division comments contained in the January 11,2005 preapplication letter,landscape requirements may be modified by the City pursuant to a written request that addresses the applicable landscape modification criteria in FWCC Section 22-1570. The 11/11/05 Landscape plan by Sadler Barnard and August 31,2005, cover letter do not meet the landscape modification criteria.Dedication of three feet of right-of-way and a six-foot cedar fence does not meet the landscape modification criteria. Please re-visit FWCC Section 22-1570 and address in writing how any requested landscape modifications meet the decisional criteria of FWCC Section 22-1570(b-g). Realistically, the proposed and requested landscape modifications exceed the modification standards of the code, and the site plan will need to be revised accordingly. At best, the City may be able to allow a 25 percent landscape buffer width reduction,per FWCC Section 22-1570(c), along the west property line if the criteria of the code is met.Modification of the required 20-foot-wide front landscape area probably will not meet applicable criteria and will likely not be supported by City staff. I suggest that you have a qualified landscape architect review the site plan and code requirements, and develop an overall landscape plan and landscape modification request that meets the code criteria and is conducive to the proposed residential development. I suggest that you retain the existing eight-inch diameter and seven-inch diameter fir trees in the northeast corner of the site,as a component of any landscape modification request,in accordance with FWCC Section 27-1570(b)(4) (retention of naturally occurring vegetation). In the case where a modification to the landscape standards is being requested, a site specific landscape plan must be developed to support the request and show how the proposal meets the applicable criteria. 6. The existing four-unit complex at the site must include 1,600 square feet of common recreational open space per FWCC Section 22-667 note 2. The site plan does not indicate the location of the common open space for the existing four units.Please identify on the site plan where the 1,600 square feet of recreation area is for the existing four units. Development of the site cannot result in creation of any non-conforming development on the site. 05-104505 Doc.I .33715 Mr.Mahan October 27,2005 Page 3 7. The proposed recreation open space plan must be revised/amended to assure a design conducive to recreation. In general, although it is not an optimal recreation area,the City is supportive of developing a basketball court on the fire depai tment hammerhead, to fulfill approximately half of the required open space for the new units.Provide a plan for signage, striping, and design of the basketball court/fire lane, which will result in a functional recreation area,and usable fire apparatus turn-around. I suggest the turn-around be separated and delineated from the main driving aisle by a change in grade such as a mountable rolled curb and pavement marking. 8. Please address comment number nine in the Planning Division section of the January 11,2005 preapplication letter,regarding trash and recycling facilities. The site plan notes that curb-side pick- up will be used;please provide confirmation from Waste Management that this will be an acceptable means of trash disposal for the eight units. 9. Pursuant to FWCC Section 22- 1638(8)a pedestrian walkway six feet in width must be provided adjacent to the access roadway providing a pedestrian connection between all of the units and the public sidewalk on SW 333`d Street.The City may allow reduction of the width of the walkway based on overall design considerations for the site. 10. The landscape plan must be designed with consideration given to the existing storm drainage line along the west property line and sanitary sewer line along the south property line. Specifically,the plan will need to meet the Type III landscape requirements; however,trees cannot be planted over the utility lines. 11. Provide a completed Crime Prevention through Environmental Design(CPTED)checklist as identified in section 8 of the January 11,2005 preapplication letter. 12. Provide a copy of the recorded short plat for the property,KCSP number 8110190295. 13. Address the comments on the enclosed Public Works Development Services memorandum from Ann Dower,dated October 12,2005. 14. Address the comments on the enclosed Traffic Division memorandum from Sarady Long, dated September 28,2005. Please resubmit five sets of any revised plans. If the information requested in this correspondence is not submitted to the City within 180 days of the date of this letter,the pending applications will expire. If you have any questions regarding this letter or your development project,please contact me at 253-835- 2641 or jim.harris@cityoffederalway.com. Sincerely, doinAA-LA' arris Senior Planner c: Ann Dower,Engineering Plans Reviewer Sarady Long,Traffic Analyst 05-104505 Doc.1.D.33715 Recording Requested By: Guy Mahan CONFORMED COPY When Recorded Mail To: City of Federal Way 20080825000360 Attn: Ann Dower, Public Works Dept. PO Box 9718 CITY OF FEDERA COV 43.00 PAGE001 OF 002 Federal Way, WA 98063 08/25/2008 10:338 KING COUNTY, WA DRAINAGE RELEASE COVENANT Grantors: GUY MAHAN and SUSAN MAHAN, husband and wife Grantee: CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): Lot 2 of KCSP No. 280049 under Recording No. 8110190295, records of the King County Auditor. Complete Legal Description indicated below. Assessor's Tax Parcel ID#: 797820-0184 WHEREAS the GRANTOR represents and warrants that it is the owner in fee of that certain parcel of land, described as follows: Lot 2 of KCSP No. 280049 under Recording No. 8110190295,records of the King County, Washington, being a revision of Short Plat recorded under Recording No. 8009090741, and being more particularly described as a portion of Tract 26, State Plat, in the southwest quarter of Section 16, Township 21 North, Range 4 East, W.M., in King County, Washington, ("Property"); and WHEREAS the GRANTEE is implementing an approved drainage plan for the project known as Mahan Townhomes, Permit No. 07-104722-000-MF, on the Property, which plan shall divert surface and storm waters from their natural course and cause them to flow through a pipe located on the Property; NOW THEREFORE in consideration of GRANTEE approval of diversion of said plan and/or other valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby willfully acknowledges, agrees and consents to the diversion of surface and storm waters through a bio-swale located on the Property and to hold and release GRANTEE harmless for any damage that may be caused by such diversion of flow except to the extent caused by the sole negligence of the GRANTEE. This release shall be a covenant running with the land,touching and Drainage Release Covenant - 1 - Parcel No. 797820-0184 concerning the land, and shall be binding upon the GRANTOR, its heirs, successors and assigns forever. GRANTORS By: IJf Guy han (11-40-) By: c - !�' Susan Mahan STATE OF WASHINGTON ) / ) ss. COUNTY OF K -j_ .rit) ) On this day personally appeared before me,Guy Mahan and Susan Mahan,husband and wife, to me known to be the individuals described in and who executed the foregoing instrument,and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 5- day of , 2003. 4 e..17 mrC471",.. 's -4'-, -,:X-- -e-%;"c" 4t P.. ••••••.G,S (Notary Signature) �3''•4. �Q1ARY. s LAC'$404688.40.00 o (Typed/Printed Name of Notary) '.�c!'�;.. t zo;.• Notary Public in and for the State of Washington. 9�F pF W j�gj► My commission expires: !// 21 L:\CSDC\DOCS\SAVE\10763339099.DOC G:\LawFormsiDrainage ReleaseCovenant 08/04 Drainage Release Covenant -2- Parcel No. 797820-0184 • Recording Requested By:Guy Mahan CONFORMED COPY When Recorded Mail To: City of Federal Way Attn: Ann Dower,Public Works Dept. 20080825000357 33325 8`h Ave S CITY OF FEDERA COV 44.00 Federal Way, WA 98003 PAGE001 OF 003 08/25/2008 10:37 KING COUNTY, WA DECLARATION OF COVENANT Grantor(s): GUY MAHAN and SUSAN MAHAN, husband and wife Grantee(s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): Lot 2 of KCSP No. 280049 under Recording No. 8110190295, records of the King County Auditor. Complete Legal Description indicated below. Assessor's Tax Parcel ID#: 797820-0184 IN CONSIDERATION OF the approved City of Federal Way ("City") building permit for Application No. 07-104722-00-MF relating to real property legally described as: Lot 2 of KCSP No. 280049 under Recording No. 8110190295,records of the King County, Washington, being a revision of Short Plat recorded under Recording No. 8009090741, and being more particularly described as a portion of Tract 26, State Plat, in the southwest quarter of Section 16, Township 21 North, Range 4 East, W.M., in King County, Washington. the undersigned as Grantor(s) declares that the above described Property is hereby subject to a perpetual easement for a natural or constructed storm water conveyance system ("System") and hereby dedicates, covenants, and agrees as follows: 1. City shall have the right to ingress and egress over the Property to access such easement area for inspection of and to reasonably monitor the System for performance, operational flows or defects in accordance with City's Surface Water Management Divisions procedures. 2. If City determines that maintenance or repair work is required to be done to the System, the Manager of the Surface Water Management Division of the Department of Public Works ("Manager") shall give notice of the specific Declaration of Covenant - 1 - Parcel No. 797820-0184 maintenance and/or repair required. The Manager shall also set a reasonable time in which such work must be completed by the Grantor,its heirs,successors or assigns. If the above required maintenance and/or repair is not completed within the time set by the Manager, the City may perform the required maintenance and/or repair. Written notice will be sent to the Grantor stating the City's intention to perform such maintenance. Maintenance work will not commence until at least seven(7)days after such notice is mailed. If,within the sole discretion of the Manager,there exists an imminent or present danger,said seven(7)day notice period will be waived and maintenance and/or repair work will begin immediately. 3. If at any time the City reasonably determines that any existing retention/detention system creates any conditions detrimental to the receiving surface water system,public and/or private property,the Manager may take any measures pursuant to Federal Way City Code. 4. The Grantor shall assume all responsibility for the cost of any maintenance and for repairs to the System. Such responsibility shall include reimbursement to the City within thirty(30) days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate as liquidated damages. If legal action ensues,the prevailing party is entitled to costs and/or fees. 5. The Grantor is hereby required to obtain written approval from the Manager prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance) in open vegetated drainage facilities (such as swales, channels,ditches,ponds.etc.),or performing any alterations or modifications to the drainage facilities contained within Property as described previously. Any notice or consent required to be given or otherwise provided for by the provisions of this Declaration of Covenant shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. 6. Grantor agrees to indemnify, defend, and hold City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands,losses,actions and liabilities(including costs and all attorney fees)to or by any and all persons or entities, including, without limitation, their respective agents,licensees,or representatives,arising from,resulting from,or connected with this Declaration of Covenant except to the extent caused by the sole negligence of the City. Declaration of Covenant -2 - Parcel No. 797820-0184 This covenant is intended to protect the value and desirability of the Property,and shall inure to the benefit all the citizens of City of Federal Way, and shall run with the land, and shall touch and concern the land, and shall be binding on all heirs, successors, and assigns. GRANTORS By: Gu Mah n • By: 0/uti 4�V1A I(O Susan Mahan STATE OF WASHINGTON ) ) ss. COUNTY OF >�-e}. ) On this day personally appeared before me,Guy Mahan and Susan Mahan,husband and wife, to me known to be the individuals described in and who executed the foregoing instrument,and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ,mac .rt`-, 200 g IAA $� *y G / -(::1 '�'•� (Notary Signature) illipT��f rY ,.,, ,,,_ ,,,2„,,,6,. "t 12�Zp�;,gyp, (Typed/Printed Name of Notary) OP 6 G WASH�� Notary Public in and for the State of ashington. My commission expires: �(i z/>ciL� L:\CSDC\DOCS\SAVE\1076294905I.DOC G:\LawFormsiDeclarationofCovenantStorm I 08/04 Declaration of Covenant -3 - Parcel No. 797820-0184 Return Address: CONFORMED COPY City of Federal Way Attn: Ann Dower,Public Works 33325 86 Ave S PO Box 9718 Federal Way,WA 98063-9718 20080825000343 CITY OF FEDERA WD 43.00 PAGE001 OF 002 08/25/2008 10:34 KING COUNTY, WA STATUTORY WARRANTY DEED Grantor(s): GUY MAHAN and SUSAN MAHAN,husband and wife Grantee(s): CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description(abbreviated): Lot 2 of KCSP No. 280049 under Recording No. 8110190295, records of the King County Auditor. Assessor's Tax Parcel ID#(s): 797820-0184 THE GRANTOR(S) GUY MAHAN and SUSAN MAHAN, husband and wife, for and in consideration of the City of Federal Way's approval of a building permit, #07-104722-00-MF for construction of a multifamily dwelling, and other good and valuable consideration, conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation, all of their right, title and interest, and any after-acquired interest therein, in and to the following described real property situated in County of King, State of Washington: The north 3 feet of Lot 2 of KCSP No. 280049 under Recording No. 8110190295, records of the King County, Washington, being a revision of Short Plat recorded under Recording No. 8009090741, and being more particularly described as a portion of Tract 26, State Plat, in the southwest quarter of Section 16, Township 21 North,Range 4 East,W.M., in King County,Washington. CONFORMED COPY E2360430 08/25/2008 10:34 KING COUNTY, WA $10.00 SALE $0.00 PAGE001 OF 001 Parcel No.797820-0184 Page 1 of 2 • DATED THIS !174 day of A)(1/V l\ , 200b' GRANTORS Gu aha 6.1)011.14 aotith/i/Q Susan Mahan STATE OF WASHINGTON ) ) ss. COUNTY OF On this day personally appeared before me,Guy Mahan and Susan Mahan,to me known to be the individuals described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ` y of .ru/ __ , 20 3 QN 0WEN'4.,,, I_ �.`'p`'�()°" �Fko•. yp• (nota , si• ature) - •• OTA/9 P4-1 0-0—fn"'•- * . * E typed/printed name of notary) cp PUB •'•�yT•;• Q A • 1 \ ?° ,`O'oC Notary Public in and for the State of Washington. -#.,;O • eWAs�p��,. My commission expires C'j �� L:\CSDC\DOCS\SAVE\7919191096.DOC G:\lawforms\deeddev.doc 08/04 Parcel No.797820-0184 Page 2 of 2 t - O CHICAGO INSURANCE COMPANY 701 FIFTH AVENUE,#3400,SEATTLE,WA 98104 PHONE: (206)628-5623 FAX: (206)628-5657 RECEIVED ORDER NO: 001164806 YOUR NO: S.333RD ST.,F.W. SEP 0 2 2005 UNIT NO: 10 LOAN NO: CITY OF FEDERAL AY BUILDING DEPT, SUPPLEMENTAL COMMITMENT w ORDER REFERENCE INFORMATION SUPPLEMENTAL NUMBER: 1 SELLER: PURCHASER/BORROWER: GUY MAHAN AND SUSAN M. MAHAN PROPERTY ADDRESS: 2237 SOUTH 333RD STREET FEDERAL WAY, WASHINGTON 98003 Our Title Commitment dated 05/13/05 at 8:00 A.M. is supplemented as follows: x THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE MAY 13, 2005. AUGUST( 1lI 2005 AUTHORIZED BY: MIKE HARRIS SUPPLCOM/RDA/0999 CHICAGO TITLE INSURANCE COMP' 3400 COLUMBIA CENTER, 701 5TH AVE SEATTLE, WA 98104 Order No.: 1164806 SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval,this Company has examined the records of the County Auditor and County Clerk of KING County,Washington, and the records of the Clerk of the United States Courts holding terms in said County,and from such examination hereby certifies that the title to the following described land situate in said KING County,to-wit: SEE SCHEDULE A(NEXT PAGE) VESTED IN: GUY MAHAN, WHO ALSO APPEARS OF RECORD AS GUY A. MAHAN, AND SUSAN M. MAHAN, HUSBAND AND WIFE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200 . 00 TAX: $ 17 .20 Records examined to May 13 , 2005 at 6 :00 A.M. CHICAGO I1TLL I\5LRA'.CE COMPANY By HARRIS/EISENBREY Title Officer (206) 628-5623 sHPLA IA II 2-5-90jF_K CHICAGO TITLE INSURANCE COMP" Order No.: 1164806 SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION LOT 2, KING COUNTY SHORT PLAT NUMBER 280049 REVISION, RECORDED UNDER RECORDING NUMBER 8110190295, IN KING COUNTY, WASHINGTON, SAID SHORT PLAT BEING A REVISON OF SHORT PLAT RECORDED UNDER RECORDING NUMBER 8009090741, IN KING COUNTY, WASHINGTON. • CI II(':A(in I i'I LI:I\SLRA\(-I:(()\IP:A\Y CHICAGO TITLE INSURANCE COMPANY Order No.: 1164806 SHORT PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens,encumbrances,adverse claims or other matters, if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments,overlaps,boundary line disputes,and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien,or right to 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. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation,connection, maintenance or construction charges for sewer,water,electricity or garbage removal. H. General taxes not now payable;matters relating to special assessments and special levies, if any,preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. .1. Water rights,claims, or title to water. K.'THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SH.-\LL NOT EXCEED ONE THOUSAND DOLLARS($I00(1,(I0). SIIPEATR'031ryli sue ('1 If(':A(iO i tl Ii IASt.R.AA( I_(O\IP\\1 CHICAGO TITLE INSURANCE COM- Order No.: 1164806 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS A 1 . COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 8110190295. SAID SHORT PLAT IS A REVISION OF SHORT PLAT RECORDED UNDER RECORDING NUMBER 8009090741 a 2 . COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE PLAT OF STATE PLAT IN SN 16-21-04E, VOLUME 41 OF PLATS, PAGE 30. c 3 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY WATER DISTRICT NO. 124 PURPOSE: WATER MAINS AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. RECORDED: SEPTEMBER 19, 1980 RECORDING NUMBER: 8009190898 D 4 . UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: UNDERGROUND ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AREA AFFECTED: AS CONSTRUCTED RECORDED: MARCH 14, 1983 RECORDING NUMBER: 8303140382 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT 'DR OTHER A:TIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM. s EASEMENT AND THE TERMS AND DONDITIDNS THEREOF: GRANTEE : CABLE TV PUGET SOUND, INC. , A W_ASHINGTON CORPORATION PURPOSE: CABLE FACILITIES AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED. CHIC.\G() \('I'( \IPA NY HICAGO TITLE INSURANCE COMP ' " Order No.: 1164806 • SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS RECORDED: DECEMBER 10, 1984 RECORDING NUMBER: 8412100552 F 6 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: SEWER MAINS AREA AFFECTED: SYSTEM PORTION OF SAID PREMISES RECORDED: MARCH 14, 1985 RECORDING NUMBER: 8503140305 c 7 . RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: JULY 30, 1952 RECORDING NUMBER: 4258428 AS FOLLOWS: ACCORDING TO KING COUNTY RESOLUTION NUMBER 6496 AND SUBSEQUENT AMENDMENTS THERETO, THE ABOVE DESCRIBED TRACT HAS BEEN ZONED AS S-1 (SUBURBAN) USE AND NO TRACT OR PORTION THEREOF 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 6000 SQUARE FEET AND LESS THAN 50 FEET IN WIDTH AT THE FRONT BUILDING LINE. x 'J . EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF W_ASHINGTON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL, GASES, :OAL, ORES, MINERALS, FOSSILS, ETC. , AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME AND PROVIDING THAT SUCH RIGHTS SHALL NOT 3E EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY; RECORDED UNDER RECORDING NUMBER .441B95 . RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS OF WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER PROPERTY, AS RESERVED IN DEED REFERRED TO ABOVE. x 9 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: SI(PVATB3'12-I2-90:EK CUR_A(iO I CCI.I:I V _R_A$ I ('O\II':1$ CHICAGO TITLE INSURANCE COM Order No.: 1164806 • SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS BETWEEN: LAKEHAVEN SEWER DISTRICT AND: HOLLY NORTHWEST DEVELOPMENTS, LTD. RECORDED: SPECIFICATION 03, 1980 RECORDING NUMBER: 8009030572 REGARDING: CONSTRUCTION OF SEWER FACILITIES AND COSTS RELATING THERETO L THE SEWER CHARGES PAYABLE IN LIEU OF ASSSESSMENT CREATED BY SAID INSTRUMENT HAVE BEEN SATISFIED AND DISCHARED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8412140703 . M 10. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: LAKEHAVEN SEWER DISTRICT AND: HOLLY NORTHWEST DEVELOPMENTS, LTD. RECORDED: JULY 28, 1983 RECORDING NUMBER: 8307280686 REGARDING: CONSTRUCTION OF SEWER FACILITIES AND COSTS RELATING THERETO N 11. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: WATER DISTRICT NO. 124 AND: HOLLY NORTHWEST DEVELOPMENTS RECORDED: MAY 30, 1984 RECORDING NUMBER: 8405300369 REGARDING: CONSTRUCTION OF WATER FACILITIES AND COSTS RELATING THERETO o 12 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: LAKEHAVEN SEWER DISTRICT AND: HOLLY NORTHWEST DEVELOPMENTS RECORDED: OCTOBER 17, 1994 RECORDING NUMBER : 8415170615 REGARDING: CONSTRUCTION OF SEWAGE FACILITIES AND COSTS RELATING THERETO P THE LIEN CREATED BY SAID AGREEMENT HAS BEEN RELEASED AND SATISFIED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8503140295, HOWEVER CONNECTION CHARGES MAY BE PAYABLE. SEIP(ATB3;12-I290!EK ( lII(.�ciO-um ' I\SLI:.\\('I ( O\II':\\1 ^_.HICAGO TITLE INSURANCE COM ' • Order No.: 1164806 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS 4 13 . RELINQUISHMENT OF ACCESS TO STATE HIGHWAY NUMBER 1 AND OF LIGHT, VIEW AND AIR BY DEED TO THE STATE OF WASHINGTON: RECORDED: APRIL 17, 1959 RECORDING NUMBER: 5021321 x 14 . 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: 797820-0184-07 LEVY CODE: 1205 ASSESSED VALUE-LAND: $ 100, 100.00 ASSESSED VALUE-IMPROVEMENTS: $ 153, 900.00 GENERAL & SPECIAL TAXES: BILLED: $ 3,213 .00 PAID: $ 1, 606 .50 UNPAID: $ 1, 606 .50 s 15 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GUY A. MAHAN AND SUSAN M. MAHAN TRUSTEE: TRANSNATION TITLE INSURANCE CO. BENEFICIARY: FRONTIER BANK AMOUNT: $ 224, 000.00 DATED: APRIL 25, 2003 RECORDED: APRIL 28, 2003 RECORDING NUMBER: 20030428003461 LOAN NUMBER: NOT DISCLOSED THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME AN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. T 16 . THE LEGAL DESCRIPTION IN THIS SHORT PLAT CERTIFICATE IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS. THE PARTIES MUST NOTIFY THE TITLE INSURANCE COMPANY IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. v NOTE 1 : THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64 . 04 . S NPLATI33'I2-12 7O'EK ci II(' GO I'I fLl INtiI I \\('I:('O\1I':\\\ • ^HICAGO TITLE INSURANCE COM Order No.: 1164806 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOT 2, SHORT PLAT 8110190295, REVISION OF SHORT PLAT 8009090741 END OF SHORT PLAT CERTIFICATE ,A II'LATI33/I3L-90JEK (I II(':A(,U'1111l:i.ASt I V\( I:COMP:A\1 , • O CHICAGO TI'1 LA- INSURANCE COMPANY 701 FIFTH AVENUE, #3400,SEATTLE,WA 98104 PHONE: (206)628-5610 FAX: (206)628.9717 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. 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