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17-101596
t, CITY OF k Federal Way January 11, 2018 33325 8th Avenue south Federal Way, WA 98003-6325 12531835-7000 www. c�tyofi�,Ua wwayccm Jinn Fri, Mayo Paul Grundhoff'er Weaver Architects Email: aul cr weaverarch.com 1411 4`a Avenue, Suite 810 Seattle, WA 98101 RE: File #17-101596-00-Up; PROCESS II `SITE PLAN APPROVAL' Pacific Dental and Starbucks, 1XX SW Campus Drive, Federal Way (Parcel: 415920 0 Dear Mr. Grundhoffer: 715) The City of Proposed Pacral Way's Community Development Department has completed administrative the proposed I°acifc Dental Building located at lX SW Campus Drive. The applicant r tenant, 5,000 square -foot office building and fast-food restaurant with adrive-throw ative review of spaces. Associated site improvements and landscaping are included. p Proposes a two - tile drive -through and 39 parking The Process II land use application submitted on April 7, 2017, with subsequent resubmittal 26, 2017, September I3, 20I T and December 7, 2017, is hereby conditional) a s dated May meets site plan and community design guideline criteria set forth in Federal Way as the proposal 19.60.050 as found in the enclosed Exhibit,4 - Findings for Process II Site Plan Approval a incorporated into this decision, in full, and the following conclusions b � Revised Cede {FWRC) pe and based on those facts: 1. The proposal is consistent with the comprehensive plan; 2. The proposal is consistent with all applicable provisions of Federal Way Revised Code 3. The proposal is consistent with the public health, safe (FWRC); p ty, and welfare; 4. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; 5. The proposed access to the subject property is at the optimal location and configuration and 6. Traffic safety impacts for all modes of transportation, both on and off site, are adequatel mitigated. y REQUIRED REVIEW PROCESS The site is within the Community Business (BC) zoning district. A medical office and fast are permitted uses in the 13C zone pursuant to FWRC 19.22.0.010 and 19.220.020, respective) and Waremart Concomitant Zoning Agreement (Auditor's File No. 9103260634). food restaurant Process II Site Plan Review y� the Pursuant to motel use requirements set forth in FWRC 19.240.090. is Theect to Director Of Community Development makes a written decision on the application based on Sub - forth in FWRC 19.60.050. the criteria set Mr. Grundhoffer January 11, 2018 Page 2 of 3 the city -adopted flexible thresholds set forth in FWRC 14.15.030(c) and The proposal does not exc eed therefore is exempt from review under the State E�zyiy¢nental policy � CONDITIONS OF APPROVAL reasonably necessary to eliminate or minimize any undesirable effects Of Tile following conditions are granting application approval' Perm approval, the following revision must be depicted an the construction -set site 1) Prior to building pe pp sued route using variation in texture and color exposed aggregate; or stamped and colored concrete] must be plan: A pedestrian walkway composed of a separate p e enclosure between the drive -through (i.e. stone, brick or granite pavers; provided from the fast-food and dso office tenants to the garbage e laced with low-lying shrubs or curb -cut and southern mo h exit - the internal 2) Existing (tree limbs) and proposed landscaping shall be south of or replaced living ground -cover to preserve 51g1it distance to the south of the drive -through circulation road. ro riots landscape screening pursuant to FWRC e I landscape buffer would be accepted by the city 3} The garbage enclosure shall be screened wxA TYP p roVed landscape screening 19.125.150 and FWRC 19.125.040{4}-( } per September 13, 2017's project resubmittal. Cobble stone is not approved 644 to schedule a final method. lease contact the Planning Division at 253 835 2 4) Prior to final occupancy, p landscaping and site inspection. IiIREMENTS Permit, or authorize clearing/grading BUILDING PERMIT REQ is currently under review. This Process 11 land use decision does not collscat on {F le #17 105848-000 the Permit Center at 253- activities. Tile associated building permit app ermit review, please If you have any questions regarding the building p 835-2607, or errniteenter ei offederalwa .cam. owners may request a change in valuation for property tax Per FWRC rS 1FOR9.6 CHANGE OF VALUATION Per FWRC 19.65.140(4)(i), affected property purposes, notwithstanding any program of revaluation. APPEALS 14,201 8, or three days from the date of this letter per The effective date of thisa t to FWRC 19.60.080, any Person who received notice of this administrative FWRC 19.05.360. Purse Hearing Examiner by January 27, 2018. Any decision may appeal the decision to the Federal Way salad and a appeal must be in the for m of a letter delivered to the Department of a matter being appealed with the established fee. Tile appeal letter must contain a clear reference to irector's decision, including the identification of specific findings statement of the alleged errors 1irectathe Ddisputed by the person filing. and conclusions made by the D sal period is waived (assuming you do not y of record, your appeal p appeal period in writing from the However, in that you are the only party a request to waive the app sal this decision) if the city g appeal does not affect the effective date of this wish to appeal agent.Waiver of the right to a p property owner or own��r's decision. Doc 1 D 76205 17-101596-00-UP Mr. Grundhoffer January 11, 2018 Page 3 of 3 CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. This Process It approval does not constitute approval of a building permit or authorization to clear and grade. If you have any questions regarding this decision, please contact Leila Willoughby -Oakes, Associate Planner, at 253-835-2644, or leila.willoughby- oakes@cityoffederalway.com. Sincerely, f i Brian Davis Community Development Director enc: Approved Site Plan and Elevations Approved Preliminary Landscape Plan Exhibit A `Findings for Process lI Site Plan Review Approval' c: Julie A. Margetich, Architectural Manager, star etich' aacifredentalser iices,com (w/pdfplans) Lauchlin R. Bethune, laucha�Itethuneassociates.corn (wl pdfplans} Federal Way Covenant Group LLC, I7000 Red Hill Avenue, Irvine, CA 92614 Leila Willoughby -Oakes, Associate Planner Ann Dower, Senior Engineering Plans Reviewer Erik Preston, Senior Traffic Engineer Peter Lawrence, Plans Examiner, via email Chris Cahan, South King Fire & Rescue, via email Brian Asbury, Lakehaven Water and Sewer District, via email Tax Dept. Winco Foods LLC, PO Box 5756, $vise, ID 83705 17-101596-00-UP Doc, CD, 76205 CITY OF Federal Way EXHIBIT A Findings for Process II Site Plan Approval Pacific Dental and Starbucks Coffee File 917-101596-00-UP The Director of Community Development hereby makes the following findings pursuant to content requirements of the Process II written decision as set forth in Federal Way Revised Code (FWRC) 19.60.070. These findings are based on review of existing city documents and submitted items by the applicant received April 7, 2017, with subsequent resubmittals on May 26, 2017, September 13, 2017 and December 7, 2017. Proposal — The applicant proposes to construct a new 5,000 sq. ft. two -tenant dental office and fast food restaurant to occupy Lot B of the Waremart/Winco site (5-lot commercial subdivision, Lots A- D) located off of SW Campus Drive. Associated landscaping, site improvements and a coffee -shop drive -through are also included. Development of adjoining Lot D of the concomitant zoning agreement (CZA) is subject to the applicable zoning and development codes at the time of a land use submittal. Lot D is vacant. 2. Existing Conditions — The 1.16-acre undeveloped site is located in the middle of the block, closest to the southwest corner of the shopping plaza. The site is bordered by an existing restaurant to the south, vacant parcel (Lot D) to the east, a grocery store to the north and SW Campus Drive/a stormwater vault to the west. Lot B of the Waremart property shares ingress/egress easements, drainage and parking facilities with the adjoining properties. 3. Comprehensive Plan & Zoning Designation — The subject property is located within the Community Business (BC) comprehensive plan and zoning designation. The property's proposed uses of entertainment, fast food restaurant and officelretail, dental office are permitted within the BC zoning designation pursuant to FWRC 19.220.010 and FWRC 19.220.020. Development of the site is subject to a CZA (KC Recording No. 9103260634), dated July 24, 1990, which establishes zoning and development for the site. The agreement adopts the Community Business zoning district standards, as they exist or may hereafter be amended. 4. Review Process — Office and entertainment uses located in the BC zone are subject to development review procedures of Process II `Site Plan Review' set forth in FWRC Chapter 19.60. Process II review requires no public notice period and concludes with a written decision issued by the Director of Community Development. Appeals of the Director's decision are conducted by the city's Hearing Examiner. Environmental Review — The proposed improvements are exempt from environmental review. The new building will be less than 12,000 square feet and the site contains less than 40 parking spaces; the improvements are consistent with the State Environmental Policy Act (SEPA) "minor new construction" flexible thresholds as set forth in FWRC 14.15.030. Exhibit A — Findings for Site Plan Approval Page I of 6 Pacific Dental and Starbucks File 417- 101596-00-UP / Doc. I.D. 75814 6. Height — The height of the development is approximately 25 feet above average building elevation, which is below the 35-foot height maximum. 7. Bulk & Dimensional Requirements — The required yards for a dental office and fast food restaurant are 0 feet front, side, and rear setbacks. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e., required yards, landscaping, surface water facility, etc. Per FWRC 19.220.020 note 4, the project contains three trash cans located along the eastern building fagade, as fast-food uses require one trash can per 8 parking spaces. The code requires access to and from drive -through facilities be approved by the Public Works Department. Drive -through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on -site traffic flow.] The Traffic Division reviewed this application and approves the drive -through plan and queueing analysis study prepared by Gibson Traffic Consultants (dated June 30, 2017) resubmitted on September 13, 2017. The proposal will provide stacking for 10 vehicles from the service window to the 30-ft ingress and egress easement to the north shared with Winco Foods (Lot A of the Waremart CZA). 8. Parking Requirements — Per FWRC 19.220.010, required parking is one parking space per 300 square feet of gross floor area (gfa), for an office use. Per FWRC 19.220.020, required parking is one parking space per 80 square feet of gross floor area (gfa), for fast food restaurant uses. The dental office requires 11 spaces (3,018/300=10.06) and the Starbucks Coffee Shop requires 27 (2,104/80=26.3), for a total of 38 required parking spaces. The site plan depicts 39 parking spaces. Lot D is undeveloped; however, Lots A-D of the Waremart/Winco site function as a `subject property' with non-exclusive reciprocal easements for parking over the parking and driveway areas of each grantor's tract. As such, the following note shall be on the building plans as an approval condition ensuring Lot D maintains sufficient parking areas: "Land use applications/permits on Lot D shall provide a comprehensive parking analysis to the satisfaction of the Community Development Department. The following requirements apply to the parking facilities shared with Lots A-D per Federal Way Revised Code (FWRC) 19.130.120(1): Two or more businesses or uses may share parking areas. The number of parking spaces that must be provided in such shared areas must be at least 90 percent of parking spaces required by this title for all such businesses or uses that are open or generating parking demands at the same time. The owner of each lot must sign an agreement in a form acceptable to the city attorney, stating that the owner's property is committed to providing parking for the other property. This statement must be recorded with the King County auditor, at the applicant's expense, and shall run with the properties. Lot D may not build -out to an extent where no parking exists on the subject property (i.e. Waremart/Winco shopping center) in accordance with FWRC 19.130.120(1) above. " 9. Landscaping — Landscaping 50 feet in width per section (2)(E) of the CZA is required as a buffer along the SW Campus Drive frontage. The applicant has retained the maximum extent possible with the mature existing landscaping between the proposed building and SW Campus Drive, fulfilling the required 50-foot landscape buffer. I Site plan revisions were made to relocate the solid waste and recycling enclosure away from the drive -through and pedestrian connection per FWRC 19.220.010, note 4 and FWRC 19.220.020, note 4. Exhibit A — Findings for Site Plan Approval Page 2 of 6 Pacific Dental and Starbucks File #17- 101596-00-UP / Doc. I.D. 75814 Retention of the existing vegetation will fulfil the required 50-foot landscape buffer. Per FWRC 19.125.070(2)(a)(i)(A), parking lot landscaping is required in the amount of 20 square feet of landscaping per parking stall. The proposal provides 780 square feet of Type IV (supporting shrubs and groundcover) parking lot landscaping for 38 parking spaces. The proposal provides 877 square feet of parking lot landscaping and each island is a minimum of 64 square feet. There are no parking spaces proposed adjacent to a right-of-way. Landscaping is not required along interior lot lines within a development where parking and access is being shared with Lots A, B and D. The subject property abuts shared parking to the east and shares ingress and egress access easements to the north and south. The existing sod/grass areas on the south end of the lot shall be permanently irrigated during the installation of site improvements (FWRC 19.125.040.21). 10. Clearing & Grading — A building permit (CO) will be required. Clearing and grading activities will be reviewed for consistency with applicable standards set forth in FWRC Chapter 19.120. The preliminary cut/fill analysis is that it will be minimal cut/fill (less than 500 cubic yards) as the lot is a paved building pad ready for improvements. There will be a minimum amount of required `fill' to construct the final drive -through grade along the western and northern property line. 11. Tree Retention/Replacement — Pursuant to FWRC 19.120.130, compliance with the city's tree density requirements in the BC zone (20 tree units per acre) requires 24 tree units (1.15 x 20 = 23.1) on the subject property's 1.16 acres (50,397 sq. ft.). The applicant submitted the required tree retention plan and proposes to add trees in conjunction with the site development, with over 20 units to remain on site and within the stormwater easement for a total of 35 tree units. This requirement is satisfied. 12. Community Design Guidelines — The proposed building complies with the provisions of FWRC Chapter 19.115, "Community Design Guidelines," as detailed below: a. Crime Prevention through Environmental Design (CPTED) Guidelines — The applicant submitted a CPTED checklist, which was reviewed by city staff. b. Site Design — The parking area and building are to be located internal to a shopping plaza. The remainder of Lot B will retain existing landscape buffer and mature trees, noted in the properties' concomitant agreement, and avoid existing stormwater easements. Implementation of pedestrian areas and amenities includes three masonry finish walkways, one from the dentist office to parking lot, and two across the south and north drive -through entrances. The proposal provides a variety of parking and vehicle circulation areas including directional signage. Approval Condition: Add an additional ADA pedestrian path on the construction plans using the same masonry finish depicted on Sheet A.0.0 from the south corners of the building to the solid waste and recycling enclosure pursuant to FWRC 19.115.050(4). c. Pedestrian Circulation and Public Spaces — Pedestrian pathways are incorporated into the site design, connect the building to the street, parking lot and between properties establishing Exhibit A — Findings for Site Plan Approval Pacific Dental and Starbucks Page 3 of 6 File # 17- 101596-00-UP / Doc. I.D. 75814 pedestrian links to adjacent buildings, will be accessible, and clearly delineated using stamped concrete. d. Site Utilities — The electrical transformer is located in the front yard and visible from SW Campus Drive. The approved landscape plan depicts 100% site obscuring landscaping around the transformer that shall be screened with Type 1 landscaping consisting of 10 Northern Beauty Japanese Holly plants. e. Commercial Service and Institutional Facilities — Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials, and colors. A new trash/recycling enclosure is proposed and the enclosure plans show natural concrete masonry matching the primary building with a metal gate to match the building trim. The proposed drive -through, although along the facade of the building that faces the right-of-way, is screened by the existing landscape buffer outlined in concomitant agreement and a new proposed Type III landscape buffer. f. Building Design — The front (east) and rear (west) building facades are both longer than 60 feet and visible from abutting rights -of -way. These facades require articulation and include modulation, canopies, in addition to the use of material and color variation, revels, landscaped trellises and doors and windows. The building entrance is oriented to the right-of-way. g. BC District Guidelines — Six-foot awnings/canopies have been incorporated to provide weather protection. Exterior lighting, trash receptacles and a bicycle rack will be provided. The applicant will not cover transparent glass with stickers or poster advertisements and proposes building entrances with transparent glass. Ground level mirrored, reflective glass, and chain link fencing are not proposed. 13. Rooftop Mechanical Equipment — Per FWRC 19.110.070, vents and similar appurtenances that extend above the roofline must be surrounded by a solid sight -obscuring screen that is integrated into the architecture of the building and obscures the view of the appurtenances from adjacent SW Campus Drive and properties. The rooftop equipment will be fully screened by a facade parapet wall (curb height of screening is 5 feet above unit location on roof), noted on the Sheet A6.1-Elevations. 14. Garbage/Recycling — The submitted trash enclosure design and on -site access are satisfactory (Sheets A.0.0 and A.6.2) per the Public Works Solid Waste and Recycling Division and have been accepted by Waste Management. The enclosure location was revised during the review process to ensure an adequate turning radius for hauler access and reduced conflict between the drive -through, internal road, and parking spaces. Approval Condition: As a condition of this decision the garbage enclosure shall be screened with appropriate landscaping pursuant to FWRC 19.125.150 and FWRC 19.125.040(4)-(5). A Type I landscape buffer is acceptable per the September 13, 2017 resubmittal. Cobble stone is not an approved landscape method. 15. Lighting — The proposal includes outdoor lighting. Per FWRC 19.105.030(3), the applicant shall select, place, and direct light sources, both directable and nondirectable, so that glare produced by Exhibit A — Findings for Site Plan Approval Page 4 of 6 Pacific Dental and Starbucks File #17- 101596-00-UP / Doc. I.D. 75814 1 any light source, to the maximum extent possible, does not extend to adjacent properties, or to the right-of-way. In accordance with adopted FWRC standards, final building permit application plans shall include outdoor lighting plans meeting applicable FWRC standards. 16. Additional Permitting — Additional permitting is required for subsequent site development; none of which have been applied for at this time. 17. Transportation — No concurrency permit or traffic impact fees are required for this development project. Approval Condition: Existing (tree limbs) and proposed landscaping shall be trimmed or replaced with low-lying shrubs or living ground -cover to preserve sight distance to the south of the drive - through exit on the internal circulation road. 18. Stormwater — The project was reviewed by the Development Services Division of the Public Works Department for compliance with the Stormwater requirements of the 2016 King County Surface Water Design Manual (KCSWDM), and City addendum to the manual. Stormwater improvements are required that meet the Conservation Flow Control and Enhanced Basic Water Quality standards of the KCSWDM. Per the requirements of the KCSWDM, Best Management Practices (BMP's) must also be implemented to augment flow control. 19. Water/Sewer — Lakehaven Water and Sewer District is the water and sewer service provider. Lakehaven issued certificates of water and sewer availability dated March 23, 2017; certificates are valid for one year from the date of issuance. Service connections for the office/retail and fast-food building must be obtained by the applicant. 20. Conditions of Approval — The following conditions of approval are attached to the Process II decision: • Prior to building permit approval, the following revisions must be depicted on the construction -set site plan: An additional pedestrian walkway must be provided from the fast-food and office tenants to the garbage enclosure between the drive -through curb -cut and southernmost landscape island. ■ Existing (tree limbs) and proposed landscaping shall be trimmed or replaced with low-lying shrubs or living ground -cover to preserve sight distance to the south of the drive -through exit on the internal circulation road. • As a condition of this decision the garbage enclosure shall be screened with appropriate landscaping pursuant to FWRC 19.125.150 and FWRC 19.125.040(4)-(5). A Type I landscape buffer is acceptable per the September 13, 2017 resubmittal. Cobble stone is not an approved landscape method. • Prior to final occupancy, please contact the Planning Division at 253-835-2644 to schedule a final landscaping inspection. 21. Fire Protection —Fire requirements shall be addressed at the time of building permit review. 22. Building Permit — Prior to building construction, the applicant must obtain commercial building permit approval. This Use Process I1 site plan approval decision does not grant building permit approval. 23. Conclusion — As conditioned, the proposed site plan application has been determined to be consistent with the FWCP; with all applicable provisions of the FWRC Title 19 Zoning and Exhibit A — Findings for Site Plan Approval . Page 5 of 6 Pacific Dental and Starbucks File #17- 101596-00-UP / Doc. I.D. 75814 Development Code; and with the public health, safety, and welfare. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal. The proposal is consistent with Community Design Guideline decisional criteria set forth in FWRC Chapter 19.115. The proposed development is consistent with Process II, Site Plan Approval, decisional criteria required under FWRC Chapter 19.60. The proposed site plan and application attachments have been reviewed for compliance with the FWCP, pertinent zoning regulations, and all other applicable city regulations. Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval, and other applicable city requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Prepared by: Leila Willoughby -Oakes, Associate Planner Date: January 11, 2018 Exhibit A — Findings for Site Plan Approval Page 6 of 6 Pacific Dental and Starbucks File # 17- 101596-00-UP / Doc. I.D. 75814 A�kCITY OF Federal Way Paul Grundhoffer Weaver Architects 1411 40' Avenue, Suite 810 Seattle, WA 98101 p a u 1 g{cr��, wea verarch . com FILE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor November 14, 2017 Re: File #17-101596-00-UP, PROCESS II `SITE PLAN REVIEW REVIEW #2 Pacific Dental & Retail Building, 1xx SW Campus Drive (Lot B), Federal Way Dear Mr. Grundhoffer: The city is in receipt of your September 13, 2017, Process II resubmittal for a 5,000 square -foot building containing a dental office and fast-food restaurant with drive -through at the above -mentioned address. The site is subject to the 1990 Waremart/Winco concomitant zoning agreement (CZA) and referred to as "Lot B." The applicant proposes to retain 38 parking spaces and remove 68 existing parking spaces to construct the two tenant buildings and site improvements. A review of the submitted materials indicates the following items must be addressed prior to site plan approval by the Community Development and Public Works Departments. Please contact the staff representative listed below regarding specific questions. TECHNICAL REVIEW COMMENTS CD PLANNING, Leila Willoughby -Oakes, 253-835-2644, Leilamilloug_hby-oakesL&cityoffederalway. cam 1. Please contact Leila Willoughby -Oakes at 253-835-2644 to schedule a final planning and landscaping inspection. 2. It appears you propose to construct a pedestrian pathway only halfway across the reciprocal easements for ingress and egress (AFN 200510000678) on the southeastern corner of Lot B to Lot C (IHOP). The reciprocal easements for ingress and egress presumably provides authorization to improve these shared areas as the site operates as one "subject property"'. Planning strongly recommends completing the pedestrian connection and work with the abutting tenant (IHOP)/owner to complete the delineated pedestrian pathway across the three lanes pursuant to FWRC 19.115.050(4)(c): "Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights -of -way. 3. Shared parking facilities — Land entitlements/permits on Lot D shall provide a comprehensive parking analysis to the satisfaction of the Community Development Department. The Waremart concomitant contains a reciprocal parking agreement per the September 12, 2017 resubmittal letter (Weaver Architects, 2017). Developing Lot D last does place the parcel at a disadvantage for future 1 "Subject property" means the entire lot or parcel, or series of lots or parcels, on which a development, activity, or use exists or will occur, or on which any activity or condition subject to development regulations exists or will occur. Mr. Grundhoffer November 14, 2017 Page 2 of 3 proposals; depending on the proposed use, desired gross floor area and/or density there may be size restrictions on what might be built. The following requirements apply to the parking facilities shared with Lots A, B and C (FWRC 19.130.120(1)): "Two or more businesses or uses may share parking areas. The number of parking spaces that must be provided in such shared areas must be at least 90 percent of parking spaces required by this title for all such businesses or uses that are open or generating parking demands at the same time. The owner of each lot must sign an agreement in a form acceptable to the city attorney, stating that the owner's property is committed to providingparkingfor the other property. This statement must be recorded with the King County auditor, at the applicant's expense, and shall run with the properties. " PW SOLID WASTE & RECYCLING, Robert VanOrsow, 253-835-2770, ro bvan orso w@c i tyo ffedera lw ay . coin 1. Waste Management reviewed plan EXBT dated 9-12-17, and their concerns regarding the depicted trash enclosure design include: i) Tight turn radius may mean hitting parked vehicles in stalls (when backing out of the enclosure area into the north -south drive aisle) (see yellow highlight), and, ii) Conflicts with vehicles that line-up in the drive aisle (see red dashes) waiting for access to the drive -through (while the WM truck services the containers in the enclosure). Lined -up vehicles would prevent WM from backing out into the right lane of the drive aisle. 2. Relocate the screened trash enclosure to another location on the property to allow for a safer ingress and egress, and to avoid blocking drive -aisle traffic in front of the proposal and cars turning right from the shared access easement, parking stalls and drive -through stacking. r- I 8 ' f � ` �° ° �: _. � .. ._ ; II �. I - - - - - � •ter sees M mr--me air son Moselle i IP M Figure 1. Waste Management Comments: Enclosure Placement 17-101596-00-UP Doc. I.D. 76574 Mr. Grundhoffer November 14, 2017 Page 3 of 3 SOUTH KING FIRE AND RESCUE, Chris Cahan, Chris.Cahan cisouthkin fire.or A fire sprinkler system shall be required if the occupant load of the restaurant is 100 or more regardless of restaurant gross floor area. PW DEVELOPMENT SERVICES DIVISION, Ann Dower, 253-835-2732, ann.dower{ca cityoffederalway.com No comment. Please address the Solid Waste and Recycling Coordinator's comments. BUILDING PERMIT REQUIRED Project approval does not grant license to begin any type of site work. CLOSING When resubmitting the requested information, please provide a written response to each item clouding all changes, and four copies of the corrected plan -sets with the enclosed resubmittal form to the Federal Way Permit Center in person. Email resubmittals will not be processed. Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed void. Should you have any questions about this letter, please contact the listed reviewer or me at 253- 835-2644, or leila.willoughby-oakes@cityoffederalway.com. Sincerely, Leila Willoughby -Oakes Associate Planner enc: Resubmittal Form c: Ann Dower, Senior Engineering Plans Reviewer Rob VanOrsow, Solid Waste/Recycling Coordinator Erik Preston, P.E., Senior Traffic Engineer Lauchlin R. Bethune, Associates Inc., Landscape Architect, lauch[c,,hetfiuneaasociates.com Julie A. Margetich, mareetichja naciireden[alse_a 4ices.Cont 17-101596-00-UP Doc. LD.76574 n A C H I f F C 7 5 www, woo v e roe ch. cam 1411 Fourth Avenue Suite 810 Seattle Washington 98101 p. 206.262.9622 F. 206.262.9507 December 06, 2017 Mrs. Leila Willoughby -Oaks City of Federal Way, Planning Division 33325 8th Avenue S. Federal Way, WA 98003-6325 Re: Project # 17-101596-00-UP lxx Campus Drive (Lot B), Federal Way Dear Mrs. Willoughby -Oakes, Listed below is our response to the Site Plan Review #2 dated November 14th, 2017. Each item number correlates to the items identified in that document or email. #2 Response: The pathway described in our comment is existing and already connects the two lots. The civil and landscape plans only show the portion that is on our parcel, but the brick paved walkway already exists and crosses all the lanes. #3 Response: Shared Parking Submittal: I have added the notes as requested to the architectural site plan sheet A.0.0 and the civil site plan. PW Solid Waste & Recycling Comments 1 & 2: The location of the trash enclosure and garbage enclosure and hauler exhibit has been updated to address the concerns based on our email correspondence. Please let me know if you have any questions. Sincerely, Paul Grundhoffer Weaver Architects RESUgMII-TED r,n OF FEDEPAL WAY GogMUNn i)eV PMEf�T DF-PARTVIENT OF COMMUNITY DEVELOPMENT RSUgl., 33325 s`" Avenue South L Federal Way, WA 98003-6325 4% CITY OF + ! 253-835-2607; Fax 253-835-2609 SEP FederalWay 13 2017 www.eityoffederalway.corn �MMUN�y e0ESVFLO MqE NT RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. "Please note: Additional or revised plans or documents for an 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 returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting if you are not sure about the number of copies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: Project Name: Project Address: Project Contact: 1 7- 1 0 1 9 5 6- U P_ Covenant Group Building 160 SW Campus Dr., Federal Way WA 98023 Paul Grundhoffer RESUBMITTED ITEMS: Phone: (206) 262.9622 # of Copies ** Detailed Description of Item 4 Concomitant Zoning Agreement 4 First Amendment to Declaration of Easements and Conditions, Jan 10 2017 4 Declaration of Easements and Conditions 4 Release of Declaration of Easements and Conditions 4 First Amendment to Declaration of Easements and Conditions, June 28 2000 4 Starbucks Queuin Anal sis Memo ** Always submit the same number of copies as required for your Initial appacation. Resubmittal Requested by: Leila Willoughby -Oakes Letter Dated: 06 26 i 17 a em r OFFICE USE ONL Y RESUB A' Distribution Date: By. - De t/Div Name # Description Building Planning PW Fire Other Bulletin #129 — January 1, 2011 Page 1 of 1 k:\Handouts\Resubmittal Information D_ E2PARTMENT OF COMMUNITY DEVELOPMENT 33325 8`4 Avenue South bEP 13 2017 Federal Way, WA 98003-6325 CITY OF 253-835-2607; Fax 253-835-2609 Cam, OF FOERAL WAY www.cit offederalwa .com Federal Way 00N1.kAUNrrYaEVEL0p&1c.,. RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. "Please note., Additional or revised plans or documents for an 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 returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting if you are not sure about the number of copies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: Project Name: 1 7- 1 0 1 9 5 6- U P - Covenant Group Building Project Address: 160 SW Campus Dr., Federal Way WA 98023 Project Contact: Paul Grundhoffer Phone: RESUBMITTED ITEMS: # of Copies ** 4 4 4 4 (206) 262.9622 Detailed Description of Item Revised Civil Sheets (Sheets 1 through 6) Revised Landscape sheets (T1.0, L1.0, L2.0, L3.0) Revised Architectural Sheets (A.0, A. 1, A.6.1, A.6.2) Revised Liahtinq Plans (PH-1, PH- ** Always submit the same number of copies as required for your initial application.** Resubmittal Requested by: Leila Willoughby -Oakes _ Letter Dated: _ 06 / 26 _f 17 to em er RESUB A De tlDiv Name Building Planning PW Fire Other OFFICE USE Oft Y Distribution Date: # I Desc By.' Bulletin #129 — January 1, 2011 Page 1 of 1 k:\Handouts\Resubmittal Information DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue SouthRESUI�l Way, WA 98003-6325 CITY OF 253-835-2607; Fax 253-835-2609 FederalWay DEC 0 7 2017 www.citvoffedcralway.coin CITY OF FEDERAL WAY COMMUNITY DEVELOPMaC RESUBMITTAL INFORMATION This completed form MUS T accompany a// resubmitta/s. "Please note. Additional or revised plans or documents for an 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 returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting ifyou are not sure about the number of copies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: —7- Project Name: Project Address: X S�-.� _ Project Contact:.-y�o-� Phone: RESUBMITTED ITEMS: # of Copies ** P-O\r16( Detailed Description of Item " Always submit the same number of copies as required foryour initial application.** Resubmittal Requested by: LML-A 0UO W U161�F�Letter Dated: (stan member) OFFICE USE Oft Y RESUB #.- Distribution Date-- rA " 7 Dept/Div Name # Description Building_ "Planning PW Fire Other Bulletin #129 —January 1, 2011 Page 1 of 1 k:\Handouts\Resubmittal Information i LARSON AND ASSOCIATES QlIiHRla"6, 2NAN6ENd & Axne'. . W W W. RRLARS©N.COM September 5, 2017 Leila Willoughby -Oakes City of Federal Way RE: File #17-101596-00-UP, Technical Comments Pacific Dental & Retail Building SW Campus Drive (Lot B), Federal Way RESUF31h4r7TED SEP 4„ r err ,r.'60� �d� WAY 006UNITY DQPMENi We have addressed the comments from City review letter dated June 26, 2017 as follows: Solid Waste: 13. See revised civil plan set which shows updated dumpster pad enclosure area which provides angled approach for front loading hauler truck access meeting the intent of the requirement for access. Public Works Development Services Division Ann Dower 253-835-2732 : 1. A current level one downstream analysis was previously provided and included in the TIR and is also included within this resubmittal package. 2. An underground stormwater detention vault facility has now been proposed to meet flow control requirements for this project as outlined in Section 1.2.3 of the 2016 King County Surface Water Design Manual(KCSWDM) as required. 3. Core Requirement #9 has now been addressed for this project by proposing soil amendment BMP to all disturbed pervious surfaces as reflected on the updated civil plans. An updated discussion has also been provided in the revised TIR. Public Works Traffic Division Erik Preston PE 253-835-2744 1. See revised civil plan set which shows updated dumpster pad enclosure area which provides angled approach for front loading hauler truck access meeting the intent of the requirement for access. 2. See response above regarding updated dumpster pad configuration. South King Fire & Rescue Chris Cahan 253-946-7243 Fire Hydrants Confirmed- the existing fire hydrant in the northeast corner of the project will satisfy this requirement. 9027 Pacific Avenue, Suite 4, Tacoma, WA 98444 Office (253) 474-3404 Fax (253) 472 7358 Lakehaven Water & Sewer District, Brian Asbury Civil Plans have been updated to shown proposed easement area over proposed domestic, fire protection and irrigation meter locations within existing planter island. Please feel free to contact me at 253-474-3404 to discuss responses to your comments shown above. V Jeff L. Cederholm, PE Larson & Associates, Inc. CD SEP 13 2017 MMU o� 591111 OWAYba ^� RED, �.-MI TTE❑ Leila Willoughby -Oakes Brad Lincoln, PE Zach Wieben, EIT Federal Way Starbucks June 30, 2017 Federal Way #17-101596-00-UP GTC #17-148 Gibson Traffic Consultants, Inc. (GTC) has been retained to provide a queuing analysis of drive - through operations at the proposed 2,103 SF Starbucks coffee shop located within the Winco shopping area. The purpose of this memorandum is to document the potential queuing impacts to on - site internal circulation and the adjacent street intersections. PROPOSED SITE DEVELOPMENT The proposed Starbucks development would have 2,103 SF of gross building space and a drive - through lane that can accommodate 10 vehicles queued from the service window. The proposed development also contains a 3,106 SF adjacent tenant that is not anticipated to have any impacts on queueing within the Starbucks drive -through. The proposed development would occur within a parking lot north and east of SW Campus Drive and west of 1st Avenue South in the City of Federal Way. The proposed development site has designed space for 5 vehicles from the menu board to the extents of the drive -through lane as well as 5 vehicles from the service window to the menu board for a total of 10 vehicles contained completely within the drive -through lane. The site has a two-lane north -south drive aisle with the parking lot directly in front of the frontage of the proposed development and a three -lane east -west access directly to the north of the site that connects to the signalized intersection with SW Campus Drive. The drive aisle in the parking lot is located approximately 150 feet from the signalized intersection. A site plan is included in the attachments of this memo. QUEUEING ANALYSIS GTC was asked to determine anticipated queueing impacts of the proposed Starbucks drive -through. Videos of existing drive -through operations were recorded at a nearby Starbucks located at 1401 S. 348th Street in Federal Way —approximately 1 mile from the study site. Drive -through operations were recorded for two days during the AM (7:00 to 9:00 AM) and PM (4:00 to 6:00 PM) peak -hours. The videos showed drive -through operations were considerably busier during the AM peak -hours than the PM peak -hours and therefore the AM peak -hours would represent the highest potential for queueing impacts. 4 2813 Rockefeller Avenue - Suite B - Everett WA, 98201 Tel: 425-339-8266 - Fax: 425-258-2922 - E-mail: info@gibsontraffic.com Federal Way Starbucks Queueing Analysis Video recordings showed two locations where queues formed within the drive -through lane at the existing Starbucks site. Queues formed at the menu board where customers placed their order and queues also formed at the service window where customers paid for and received their orders. Two independent queues occurred at these locations about 60% of the time with the two queues merging into a single queue about 40% of the time. The distance between these two queue locations had capacity for about 5-6 vehicles —identical to the proposed development site. Measurements of queues were taken every minute for the two-hour period and measured from the menu board because they represented the highest potential to impact drive aisle operations at the proposed site. The AM operations for the two days showed an average queue length of 3 vehicles and a 95ffi-percentile queue length of 7 vehicles. Data from the AM video observations are included in the attachments. The proposed development site's drive -through lane, as currently designed, can accommodate the average queue length seen at the existing Starbucks drive -through and up to the 89"-percentile queue (5 vehicles). Additionally, the distance from the edge of the three -lane drive aisle to the north of the site to the drive -through lane is 50 feet. This additional 50 feet contained within the parking lot drive aisle along the development's frontage can accommodate two extra vehicles without blocking the main east -west access to the signalized intersection and will not block vehicles in adjacent parking stalls. The additional 50 feet and the drive -through lane capacity are expected to accommodate the 951'-percentile queue of the Starbucks during the peak AM hours of operation. The queue is not expected to impact internal circulation to other businesses to the north and south of the site by blocking the three -lane drive aisle, nor is it expected to impact traffic operations of the adjacent signalized intersection at SW Campus Drive by having vehicles queued back to the intersection. These statistics assume that the proposed Starbucks development will attract the same number of new customers as the existing Starbucks location even though the two sites would be located less than 1 mile from each other. CONCLUSION The proposed Starbucks drive -through is expected to have sufficient storage within its drive -through and along its frontage to accommodate the 95t'-percentile queue observed at a nearby Starbucks during the AM peak -hour. No impacts are expected to the drive -aisle to the north of the site or to the adjacent signalized intersection at SW Campus Drive. Gibson Traffic Consultants, Inc. June 2017 info@gibsontraffic.com 2 GTC #17-148 Site Plan 0 i E� fl ip m VM'hVM lVN3O3d g � z U Q� w will. g - ipI ..� '3�V 1SI'8 3ARJ0 snd',0 S 1 j 0 3d 4Y' + �sssaaav L�aroad 6 _ O O o a USA 'a gaa�E Y? R �r 7 3AV IS[ '8 ll uc'�D 3n12i4 Sf1dW 3�3MS o 111 3 P B w �9� $: ~ a g�EbrDO l(R) H WHY N &�qsW U-2 ��M i o Er-�9 z F; F w My 0 z w w WG J ag z H"' rn wi 8 tP w Irk x y.��uepdgy��za�l5 antl lz�4'�O zndwea MS SSOZASWofoidlyY,q�,AeMW�f1gT.�J Wd 90 El�5 LIOLE�JS AM Queueing Data Yueld"4f20 W44mwavI6/21 lYnr gww'+..pA.V fueV iauew'hrbl WWtli 7:01 AM 2 2 7=AM ,2 2 I 7:0q AM 2 1 2 2 - T05A34 i -2 7:AM 06 .0 _ 79B2AM O _- - 7.08 AM 1 .2 2 _ 7:09 AM 7:10 AM 1 7 _ 4 x 7:12 AM 0 2 744AM 7 . 7:14AM 7AS AM 1 I 2 .. i5GAM 2 i i 7:17 AM 2 7:18 AM 2 y 0 7:19AM 2 4 Y_ _ y- 0 C 7:20 AM 73i AM - 3 -- 0_ 7:22 AM 1 0 7:23 AM -T,aB 3 3 AlV1 2 712S AM 0 3 Mi3AA1 0 1 7.TJ AAi '= i Q i f 1 _ y Y , 7>?AAlll T2�fAM 0 y _ 7:31 AM 3J 1 �� 7;9q AAl A 7:34 AM _ 2 _y_ _ _ 3 735AM 1 v 2 t�A/ANA 4 Z 4 2 7:37AM 7:39 AM 710A14 5 5 7:42 AM 4 k.__ 5` - 7_42 AM 5 , _ 4I'm 7_-43Afd AM _ 6 3 7:45 AM 7:46AM 8 y 3 y 7.47 AM 7 _�_,. 5 4 4 7.48 AM 7:49 AM _ 3 3 y a _ 7:50 AM 751 AM 3 7:52 AM- 7:53AM 6 y 1 _ y. 7:A AM 5 y 1 y 7:55 AM 5 0 7:i6 AM 3 y. �• 7S7 AM 2 7.58 AM 2 y 1 _7'.53AM A-.[ 1 BoOAM 3 1 •gww'InM1I worum gww'hnp ap mm "2 AM 4 8 AM 1 y - 0 195 AM 0 _ 2 aM AM -- u - -3 o -_ 8:07 AM 1 2 2 y_ 8:08 AM B:09 AM 0 5 Y BAOAM 3 3 Y 10 9 _Y - agIAM B12AM 5 v 8 f� B 33AM 4 y 8 8:14 AM 3 v 1 8:15 AM 4 y 5 16 A!A 5 v 7 8:17 AM 4 5 , B:18 AM 5 5 _ 8:19 AM 5 _ 3 6 It 7_ B20 AM _ B21 AM 1 5 �_ 3-;2AM 1 4 8:23 AM 0 6 B24 AM 0 _1 _ 6 8.75AM _2 _ 6 8:26 AM 0 5 8:27 AM 1 4 8.26AM a- _- B:29 AM _2 8:30 AM 4 7 5 8:31 AM 2 1 8:3.2 AM 0 1 y__ 7 _ p1AM 5 _ UMAM 3 - y 3 8:35 AM 2 y 5 •, --PEW i Y. f 8,37 AM 6 8_38 AM B•ag.AM 4 SAO AM 3 f at)" AM I 2 j _y 8.42 AM 1 ■ 2 y 8A3 AM 1 3 _ am AM 1 1 4 4 8:45 AM 3:46 AM 1 _ 3 - y 8:47 AM 0 4 y 8:48 AM 3 3 ■ Bg9AM 4 4 2 y 2 v 8:50AM 8:51 AM 1 4 1=AM 1 v 1 8,53 AM 2 v 2 y 2 3 8:54 AM 855AM 1 y 6 y 8_56 AM 1 7 y __I5i A►� a •--y - _i_ 8:58 AM 1 y _ 6- 8:59AM 3 y .1 - 6 9WAM S FYM40 2-4 3.3 95t6 queue 11 7.0 Oa led 41% _ 39% gwuv fnt�M sl nmy oyrye Oa+ixe4 l+nrNl lvaM1l Su.MN ane Y.vdnvWry rambMG yv 0 14.2% :48'-. 12.5% 1 21-7K 92N 15f% _ 2 20.8% 25.8% 233% 3 16.7% 11.37: 15.0% 4 142% f0.$1 12.5% 5 7.5% 13.3% 10.4% _ ~ 6 3 3A 75% ;. 7 0.8% S.B% 3 3% 8 08% 1-7% 1.3% 9 O-m 0.8% 6LQi 30 40% I 0.8% 44] 11 0.0% o- 40% Aham.d hem menu board Vehicles in Queue - AM Peak Hour 30% 25% E 2D is% i d 5% 0 1 2 3 a 5 4 1 B • !0 31 Queue Length Ivehj 1411 Fourth Avenue Suite 810 September 12, 2017 Mrs. Leila Willoughby -Oaks City of Federal Way, Planning Division 33325 8th Avenue S. Federal Way, WA 98003-6325 www.w.eoverarch.com Seattle Washington 98101 p. 206.262.9622 F. 206.262.9507 Re: Project # 17-101596-00-UP Ixx Campus Drive (Lot B), Federal Way Dear Mrs. Willoughby -Oakes, RESUBMITTED 5EP 13 2017 CITY OF FEDERAL. WAY . D,'OM 4Ulri`t:Y DEVELOPMENT Listed below is our response to the Technical Review Comments dated June 26th, 2017 and your email to Julie Margetich with three additional comments included and described in the first part of the responses below. Each item number correlates to the items identified in that document or email. Planning Division Comments via email 06.26.17. 1) Has the development site fulfilled the Panther Lake Open Space easement requirements -i.e. has your parcel contributed their fair share per pages 4-7 as it is vacant. Is this the easements and covenants under AFN 2000510000678? If so the consultant should explain this a narrative for the record =. Response: The property owners were informed by the seller that the easements and covenants under AFN 200051000067, pursuant to which Waremart paid to the City $70,000 (among other things) for the installation of certain park improvements and gave the City a recreational easement for park purposes, fulfilled the requirements of the attached Concomitant Zoning Agreement (which appears to be the same thing as the Panther Lake Open Space easement referenced). Please see the attached Concomitant Zoning Agreements and Amendments. 2) Any existing or possibly to be created- shared parking agreements with adjacent owners/adjacent parcels. There appears to be shared parking between the City's Parks Department and Lot A; but not Lot B and the remaining Lots. Response: Section 2.1 of the attached Declaration of Easements and Conditions provides for non-exclusive reciprocal easements for ingress, egress and parking over the parking and driveway areas of each grantor's tract within the shopping center. In addition, the site plan attached to the declaration (see the revised site plan attached to the second amendment to the declaration) depicts a non-exclusive perpetual access easement over the three entrances and various parking and driveways areas of the shopping center. No new agreement will be created. 3) A queueing study including site specific data and counts showing how the existing plan or a revised plan mitigates auto conflicts with the businesses and parking areas during peak AM and PM times. This is a heavily used site. The city knows from past experience that fast-food coffee shops with a retail component create significant stacking on multi -tenant sites. We would like to avoid at all costs backing up the light at SW Campus and/or any drive aisles on Lot A Winco. Approval of the proposed drive -through is a provision of the BN zoning district. Please find attached the queueing study per your request. ir'n'�ie weaver ARCHITECTS Planning _Division Comments: l . See the A.0.0 sheet, architectural site plan, that lists the tenant space and gross floor area of each tenant. 2. See the A.0.0 sheet, architectural site plan, that includes the location of three trash cans along the east fagade. 3. Please find included in the revised submittal materials the queueing analysis for the drive - through. This was previously provided in the Resubmittal Information document, and response letter sent electronically as requested on July 6th 2017. 4. Please see the attached landscaping response letter. 5. Please see the attached landscaping response letter. 6. Please see the attached landscaping response letter. 7. A hazardous materials inventory checklist will be submitted for the construction permit when the tenant is signed and construction permit is applied for. 8. The building owner will apply for the separate required sign permit when necessary. 9. If a combined sign is desired the building owner will apply for Use Process III application approval. 10. See the revised site plan for the revisions to the parking stall striping to include additional compact stalls. 11. Please see the Concomitant Zoning Agreement, First Amendment to Declaration of Easements and Conditions Jan 10 2017, Declaration of Easements and Conditions and Release of Declaration of Easements and Conditions, First Amendment to Declaration of Easements and Conditions June 28 2000 and the responses listed at the start of this memo. 12. See the A.0.0 sheet, General Project Notes. The construction requirements have been noted for the general contractor. 13. See the revised site plans for an altered garbage enclosure orientation that allows for the required approach of the truck. See the attached correction letter from Larson and Associates for additional information. 14. See the site plan and landscape L2.0 planting plan for the selected location of the transformer and screening of the equipment. 15. See the A.0.0 sheet for the proposed location of three bike racks at the west facade. 16. The canopies on the east fagade cover 64'-0" of the 108'-0" overall fagade length or 59%. The canopies on the west fagade cover 56'-6" of the 109'-0" overall fagade length or 52%. 17. The west fagade incorporates canopies (see item 16 above) per 19.115.060.(2)(c) as well as fagade modulation. The center of the facade is recessed 2'-0" from each end segment and is limited to 59'-0" in width per the requirements of FWRC 19.115.060.(2) (a). 18. Additional building articulation has been added to the west fagade including two additional windows at the dental office, additional material variation by introducing CMU along the base of the recessed portion of the fagade, and the addition of wall mounted trellises. Additional building articulation has been added to the east fagade including increasing the amount of storefront glazing and the addition of trellises at the center of the fagade. 19. See sheet A.0.0 key notes for the location of directional signage for driveway access and new or restriped pavement markings. 20. There is an existing pedestrian pathway at the north side of the parcel that allows for access to Lot D and additional parking. Providing further additional pedestrian pathways at the center of the site would require revisions to parking, walkway and landscaping on an adjacent parcel under separate owner ship that is not included as part of this application. 2of3 weaver ARCHITECTS 21. A note has been added to the elevation stating that glazing is to bp transparent and that no permanent signage or advertising stickers are to clock the windo\Ns) Public Works Comments. See the attached response letter from Larson and Associates.,:o � C.r?-Y � , Public Works Solid Waste/Recycling Division: MF�� 1. See the revised site plans for an altered garbage enclosure orientation that allows for the required approach of the truck. 2. See the revised site plans for an altered garbage enclosure orientation that allows for the required approach of the truck. South Kind Fire & Rescue: A Lakehaven Water & Sewer District Water Certificate of Availability was submitted in the original application package stating that the available fire flow would be 2,500 GPM which exceeds the 2,000 GPM requirement. Hydrants: There are two hydrants located at the NE and SE corners of the site, one is necessary as stated in the comments. Fire Sprinkler System: A fire sprinkler system will be provided for the structure. Fire Alarm: A fire alarm system will be provided in the structure. Fire Department Lock Box: Notes have been added to the site plan and north elevation showing the location of the lock box at the sprinkler riser room. Additional Requirements: Additional permit will be filed for if a Medical Gas System or a Type 1 Hood is to be installed. South King Fire & Rescue: See the attached response letter from Larson and Associates. Site Lighting: In addition to the revisions noted above, the exterior light fixture information and layout was revised to reflect the changes outlined above. Please see the Photometric Plan PH-1 & Photometric Detail PH-2. Please let me know if you have any questions. Sincerely, Paul Grundhoffer Weaver Architects 3of3 _',t Lauchlin R. Bethune Associates, Inc. t Landscape Architecture & Planning, ASLA August 31, 2017 PACIFIC DENTAL AND RETAIL Federal Way, Washington Response Comments for Landscape CD's TECHNICAL REVIEW COMMENTS Planning Division, Leila Willoughby -Oakes Comments of June 23, 2017, Revised #1 of 8/31/17 RESUBM17TED SEP 13 2017 CfTY OF FEDERAL WAY COMMUNITY DEVELOPMENT Zoning: 4. Sheet T1.0. Detail. Notes added from Federal Way Code FWRC 19.120.160 — No Disturbance Zone. Notes added include 5' fence and no debris in this area Clouded and Delta A. 5. Performance and Maintenance Standards. See Sheet L2.0. Added Note for Landscape Performance and Maintenance Standards and Final Inspections, clouded and Delta A. 6. Final Inspections. See Sheet L2.0. Added Note for Landscape Performance and Maintenance Standards and Final Inspections, clouded and Delta A. Ground Electrical Equipment: 14. Garbage Enclosure and Transformer in Landscape. Garbage Enclosure is screened with Type 1- Landscape Buffer. Transformer is screened with Type 1-Landscape Buffer of evergreen shrubs to provide site obscuring screen within 3-years. Plant material around transformer includes setback recommendations from PSE vegetation requirements of 3-feet from transformer pad and vehicle access from driveway. Lakehaven Water & Sewer District: Comments per Brian Asbury, LHWSD Irrigation Water Meter coordinated with Jeff Cederholm, R.R. Larson and Associates Civil Engineers; Tacoma, WA. Please call me if you have any questions. Sincerely, Lauchlin R. Bethune Associates, Inc. l.�ur✓hl,%w gethuwe Lauchlin Bethune President/Landscape Architect File: General/217107 revisions P.O. Box 1442 ■ Maple Valley, Washington 98038 ■ (425) 432-9877 ■ webpage: bethuneassociates.com ■ LARSON AND ASSOCIATES September 5, 2017 Leila Willoughby -Oakes City of Federal Way RE: File #17-101596-00-UP, Technical Comments Pacific Dental & Retail Building SW Campus Drive (Lot B), Federal Way RES(JE3MIT-ED SEP 13 20-i? MMU Ca7Y EDE5RAL WAY D6SLC)PMEh? We have addressed the comments from City review letter dated June 26, 2017 as follows: Solid Waste: 13. See revised civil plan set which shows updated dumpster pad enclosure area which provides angled approach for front loading hauler truck access meeting the intent of the requirement for access. Public Works Development Services Division Ann Dower 253-835-2732 : 1. A current level one downstream analysis was previously provided and included in the TIR and is also included within this resubmittal package. 2. An underground stormwater detention vault facility has now been proposed to meet flow control requirements for this project as outlined in Section 1.2.3 of the 2016 King County Surface Water Design Manual(KCSWDM) as required. 3. Core Requirement #9 has now been addressed for this project by proposing soil amendment BMP to all disturbed pervious surfaces as reflected on the updated civil plans. An updated discussion has also been provided in the revised TIR. Public Works Traffic Division, (Erik Preston, PE, 253-835-2744 1. See revised civil plan set which shows updated dumpster pad enclosure area which provides angled approach for front loading hauler truck access meeting the intent of the requirement for access. 2. See response above regarding updated dumpster pad configuration. South i{in Fire &Rescue Chris Cahan 253-946-7243 Fire Hydrants Confirmed- the existing fire hydrant in the northeast corner of the project will satisfy this requirement. 9027 Pacific Avenue, Suite 4, Tacoma, WA 98444 Office (253) 474-3404 Fax (253) 472 7358 Lakehaven Water & Sewer District Brian Asbu Civil Plans have been updated to shown proposed easement area over proposed domestic, fire protection and irrigation meter locations within existing planter island. Please feel free to contact me at 253-474-3404 to discuss responses to your comments shown above. i e y, Jeff L. Cederholm, PE Larson & Associates, Inc. " [" F L: [-I It & P L F is S 16ANSYORTAI10N 'W's]" TA1tiC MEMORANDUM Date: October 8, 2007 To: Susan Crank — Simeon Properties From: Eddie Barrios, P.E. — Fehr & Peers Subject: Updated Mt. Eden Shops Site Plan Review i L WC07-2408 This memorandum. updates the information presented in the Mt. Eden Shops Site Plan Review dated March 1, 2007'. The memorandum has been updated to reflect the drive -through window queue observations for. an existing Starbucks in Santa Clara, California. For completeness and easier reference, all of the information presented in the previous memorandum is included in this memorandum. Fehr & Peers performed a site plan: review for the Mt. Eden Strops development. The reviewed site plan is dated February 16, 2001. The Mt. Eden Shops development consists of two retail pads (Retail A and Retail 9). 'Retail A is approximately 8,250 square feet, while Retail 8 is approximately 1,838 square feet. Retail 6 is anticipated to be occupied by a Starbucks that will Provide a drive -through window. To estimate the extent vehicle queuing at the drive -through window for Retail 8, queuing surveys were performed at three existing Starbucks with drive - through windows. The marrying peak period was selected for analysis because It represents the period with the highest level of activity based on field observations and a previous trip generation survey performed by Fehr & Peers'. Surveys were performed from 7:00 AM to 9:00 AM at the following Starbucks locations with drive -through windows: Starbucks in -San Leandro (15555 E.1e Street, San Leandro, CA) • Starbucks in Concord (4125 Concord Boulevard, Concord, CA) Starbucks in Santa Clara (3605 El Camino Real ,Santa Clara, CA) DRIVE -THROUGH WINDOW QUEUE SURVEY RESULTS The surveyed drive -through facilities are designed with an ordering station in advance of the pick- up window. Data at each site was recorded at one minute intervals between 7:00 AM and 9:00 AM. The results are summarized in Table 1. The detailed data is attached to this memorandum. 1 A trip generation survey was performed by Fehr & Peers in 2001 for a Starbucks in Orinda, California. The results indicated that the midday and PM peak hour trip generation was less than half that of the AM peak hour. 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 (925) 930.7100 Fax (925) 933-7090 www.fohiandpears.com ATTACHMENT C October 8, 2007 ' r Page 2of4 Ff:i1i: & P��ti:ti 1AAMP0.1,030Y tgAlU hMCI, Table 'I Queue Survey Results at Starbucks Location Average Queue a Percentile Queue Maximum Queue Order Pick -Up Order Pick -Up Order Pick -Up San Leandro Starbucks 3 4 6 6 7 6 Concord Starbucks 2 2 4 4 8 5 Santa Clara Starbucks 3 3 6 4 9 4 Source: Fehr & Peers; 2007 Because the length of the queue at the pick-up window is limited by the actual-distahce provided between the pick-up window and the ordering station, both the pick-up window queue and ordering station queue should be considered together to determine the total length of the queue. Based on the results presented in Table- 1, the maximum total queue was observed to be 13 vehicles, while the average queue ranged between 4 and S vehicles depending on location. The data from all three locations was combined to estimate queuing characteristics for the - proposed Mt. Eden Shops Starbucks. At all locations the queues at the ordering station and pick- up window were added together to determine the total queue. The chart below presents the percentage of time (percent occurrence) that individual queues were observed during the AM peak period. -As-shown below; the maximum queue (13 vehicles) was observed for only about 2 percent of the time which represents about 2.4 minutes (= 0.02*120 minutes). Susan Crank October 8, 2007 Page 3 of 4 SITE PLAN REVIEW 'r & ?A;.xsf Os ie� 10k !OAS Olshk ii A project site plan review was performed to determine if adequate site access, circulation, and drive -through window vehicle storage would be provided by the project. The review is presented below. Project Site Access The project proposes to provide access via two driveways on Industrial Boulevard" The main Project driveway is located on the northern project site boundary and is controlled by a traffic signal. The second driveway located between the main project driveway and the Highway 92 westbound on -ramp is side -street stop controlled where project traffic stops and yields to traffic on Industrial Boulevard. This driveway will be restricted to right -turn infright-turn out. Both driveways will be at least 40 feet wide which is adequate far two-way travel and emergency vehicle access. on=Site Vehicle Circulation The project proposes to provide standard 90 degree parking with parking stall dimensions of 8 feet by 19 feet which is consistent with the City of Hayward Municipal Code. The parking aisles will be . at least 28 feet wide which is adequate for 90 degree parking and two-way vehicle circulation. The two proposed internal drive aisles that do not provide direct parking will be 20 feet wide which is adequate for two-way vehicle circulation and emergency vehicle circulation. The on -site vehicle turning radii including the drive -through lane appear to be adequate for all passenger vehicles. Based on information received from Simeon Properties all deliveries are anticipated to occur by either a single unit truck (i.e. LIPS, Fedt x, etc.) or 0 semi -truck trailer. Based on information provided by the architect, the delivery circulation pattern will be to enter from the main project driveway, make a left -turn behind Retail B, and then another left -turn into the loading area which is located between the two retail pads. To exit, trucks would go straight towards the second driveway on Industrial Boulevard and make a right -turn. A turning radii analysis was performed to determine the largest truck that could maneuver within the site. The turning radii. analysis indicates that both the single -unit truck and the WB 40 semi -truck trailer (about 41 feet in length) could maneuver within the site to loadfunload. However, because truck circulation would require the temporary use of opposing travel lanes and would block one of the internal drive -aisles for an extended period of time, deliveries should be restricted to off-peak hours to avoid impacts to on -site vehicle circulation. Pedestrian Circulation Adequate on -site pedestrian circulation is provided by the project through several design features that include .raised curb, new sidewalk, and marked crosswalks throughout the site. We understand that the City has raised concerns about the :narked crosswalk at the drive -through lane that connects the two retail pads and about the lack of sidewalk on the Industrial Boulevard project site frontage. Based on the site layout, the marked crosswalk across the drive -through lane appears to be a reasonable location to connect the two retail pads for pedestrians. Pedestrians usually choose the path of least resistance. The location of the marked crosswalk is likely to be the location where pedestrians cross even if the marked crosswalk was not present. The current design allows drivers at the drive -through window to have an unobstructed view of pedestrians on the crosswalk. Vehicle and pedestrian conflicts could be minimized by making the crosswalk highly visible through the use of color and textured pavement. October 8, 2007 I F Page 4 of 4 F is i . It & 1' I, I: Iti 1✓ A1W;W W'.*N ion SUl1h N15 The project proposes to provide sidewalk along the Industrial Boulevard frontage between the main project driveway and the right -turn inlright-turn out driveway. It does not propose to provide sidewalk along the Industrial Boulevard project site frontage south of the right -turn in/right-turn out driveway. This is because no sidewalk or crossing opportunities are provided on the west side of Industrial Boulevard across the Highway 92 interchange. Sidewalk is also not provided on the west side of Industrial Boulevard for at leas# 1,000 feet south of the interchange. Sidewalk along the Industrial Boulevard project site frontage south of the right -turn in/right-turn out driveway is not needed based on the existing setting. Furthermore, sidewalk may encourage illegal pedestrian activity across the Highway 92 interchange on the west side. We recommend that na sidewalk he provided along the Industrial Boulevard project site frontage south of the right -turn inlright-turn out driveway. Drive -Through Vehicle Storage Based on the site plan, the. drive -through lane will store about 11- vehicles before the queue impacts on -site vehicle circulation. Based on the surveys, the estimated vehicle queues at the Mt. Eden Shops Starbucks are .expected to exceed the vehicle storage (11 vehicles) about 6 percent of the time during the AM peak period. Assuming that all drive -through vehicles enter from the signalized Main Project Driveway/industrial Boulevard Intersection then impacts to the intersection are anticipated to occur when the queue reaches 13 vehicles or longer. This is anticipated to occur about 2 percent of the time (2.4 minutes) during the AM peak period. Queuing impacts to on -site circulation and at the Main Project Driveway/Industrial Boulevard intersection are not anticipated to occur outside'the AM peak period. .e_% rp & 11 f... 1: , lis QUEUE SURVEY DATA Starbucks Queue Survey Location: 4125 Concord Av., Concord Date: Tuesday, 1/3012007 Time # of Cars in Queue to: Time # of Cars in Queue to: Time # of Cars in Queue to: order pickup order pick up order pick u 7:00 AM 1 2 7:415 AM 2 3 8:30 AM 2 3 7:01 AM 1 1 7:46 AM 2 2 8:31 AM 1 3 7:02 AM 0 1 7:47 AM 1 2 8:32 AM 0 3 7:03 AM 0 2 7:48 AM 1 8:33 AM 1 0 7:04 AM 1 2 7:491 AM 1 2 8:34 AM 3 1 7:05 AM 0 2 7:50, AM 0 1 8*35 AM 1 2 7:06 AM 0 1 7:51 AM 1 1 8:36 AM 2 2 7:07 AM 0 0 7:52 AM 0 .2 8:37 AM 3 2 7:08 AM 0 0 7:53 AM 1 2 8:38 AM 1 2 7:09 AM 0 1 7:54 AM 1 2 8:39 AM 0 2 7.10 AM 0 1 7:55 M 2 2 8:40 AM 1 1 7:11 AM 1 2 7:56, AM 1 3 8:41 AM 1 2 7:12 AM 1 2 7:57 AM 1 4 8:42 AM 1 3 7:13 AM 2 3 7:58 AM 3 3 8:43 AM 0 2 7:14 AM 2 2 7:59 AM 2 3 8:44 AM 0 1 71:15 AM 2 3 8:00, AM 1 4 8:45 AM 0 0 7:16 AM 4 4 8:01 AM 2 3 8:46 AM 1 0 717 AM 3 4 8:02 AM 2 3 8:47 AM 2 1 7:18 AM 3 4 8:03 AM 3 3 8:48 AM =t 2 7:19 AM 4 4 8:04 AM 3 3 8:49 AM 3 1 7:20 AM 2 4 8:05 AM 4 3 8:50 AM 1 3 7:21 AM 2 2 8:06 A 1 3 3 8:51 AM 3 3 7:22 AM 1 3 8:07 AM 4 2 8:52 AM 2 3 1 7:23 AM 1 2 8:08 AM 4 3 8:53 AM 2 2 7:24 AM 2 3 8:09 AM 4 3 8:54 AM 1 1 7:25 AM 1 1 8:101 AM 6 3 8:55 AM 0 .2 7:26 AM 0 1 8:11 AM 5 4 8:56 AM 0 1 7:27 AM 0 1 8:12' AM 8 3 8:57 AM 1 1 7:28 AM 1 1 8:13 AM 7 3 8:58 AM 2 1 7:29 AM 1 2 8:14 AM 5 5 8:59 AM 1 1 7:30 AM 2 3 8:15 AM 4 4 9:00 AM 0 2 7:31 AM . 2 3 8:16 AM 5 3 7:32 AM 3 3 8:17 AM 6 3 7:33 AM 2 3 8:18 AM 4 4 7:34 AM 2 3 8:19 AM 3 3 7:35 AM 1 2 8:20 AM 2 4 7:36 AM 2 4 8:21 AM . 2 5 7:37 AM 3 3 8:22 AM 5 4 7:38 AM 3 4 8.23 AM 4 5 7:39 AM 2 3 8.24 AM 4 3 2 3 8:25 AM 5 4 1 3 8:26 AM 4 4 a 1 2 8:27 AM 4 3 0 1 8:28 AM 2 4 2 2 1 8:29 AM 1 4 Starbueks Queue Survey Date: Wednesday,1-31-07 Location: 15555 E. 14th St., San Leandro Time # of Cars in Queue to: Time # of Cars in Glueue to: Time # oi{dCE rs in Queue to: order "ick u order ick u 6 7:00 AM 1 7:45 AM 7:45 AM 3 5 8:31 AM 4 6 7:01 AM 1 0 2 2 7:47 AM 2 5 8:32 AM 4 6 6 7:02 AM 0 3 7AB AM 1 4 8:33 AM 4 5 7:03 AM 0 1 7:49 AM 2 4 8:34 AM 5 6 7:04 AM 1 2 7:54 AM 0 fi 8:35 AM 5 5 7:04 AM 1 2 7:51 AM D 5 8:36 AM 6 5 7:06 AM 7 A7 AM 0 1 1:52 AM 2 5 8:37 AM 8.38 AM 6 7 5 7:0B AM 1 0 7:53 AM 3 5 6 8:39 AM 6 7:09 AM Q 1 7:54 A M 2 2 6 $:44 AM 7 6 7:10 AM 0 2 2 7:55 AM 7.56 AM 3 5 8:4i AM 6 6 7.11 AM 0 1 1 7:57 AM 3 5 8:42 AM 6 6 7:12 AM 0 i 7:58 AM 6 5 8:43 AM 6 6, 5 7:13 AM 1 0 7:59 AM 5 5 8:44 AM 6 8 7;i4 AM 3 1 6:00 AM 6 5 8:45 AM 6 6 7:15 AM 2 12 8:01 AM 5 fi 8:45 AM 5 6 7:16 AM 2 8:02 RM 4 6 8:47 AM 4 6 7:17 AM 4 3 2 8:03 AM 3 .5 8:48 AM 5 6 7:18 AM 3 2 8:04 AM 2 5 8:49 AM 4 5 7:19 AM 1 4 6:05 AM 4 6 8:50 AM 4 5 7:20 AM 3 5 8:05 AM 3 $ 8,51 AM 3 5 7:21 AM 8:O1 AM 3 fi B:52 AM 4 5 7:22 AM 3 4 8:08 AM 7 6 8:53 AM 7 5 7:23 AM 3 i 5 8:C19 AM 7 6 8:54 AM fi 5 S 7:24 AM 1 4 8:1IDAM 7 6 8:55 AM 7 5; 7:25AM 1 3 8 A 1 AM 6 6 8:56 AM 7 7:26 AM 7:27 AM 3 3 $:'12 AM 5 6 8:57 AM 8:58 AM 6 fi 7:28 AM 2 3 8:13 AM 6 4 6 fi 8:59 AM 6 5 7:29 AM 1 3 8:14 AM 3 6 9:04 AM 5 E 7:30 AM 1 3 8.15 AM 6 7:31 AM 0 3 8:16 AM 3 6 7:32 AM i 2 8:17 AM 5 6 7:33 AM i 2 8:18 AM 6 6 7:34 AM 0 3 $:19 AM 5 6 7;35 AM 1 2 . 8:20 AM 4 5 7:36 AM 2 1 8:2i AM 3 6 7:37 AM 2 3 8:22 AM 3 6 7:38 AM 2 3 8:23 AM 3 5 7:39 AM 0 4 8:24 AM 4 fi 7.40 AM 1 3 8:25 AM 4 6 7:41 AM 3 3 8:26 AM 2 5 7:42 AM 2 5 &27 AM 3 5 7:43 AM 4 6 B:28 AM 4 6 7:44 AM 3 5 Es:29 AM 5 S$arbucks Queue Survey Location: 3605 El Camino Real, Santa Clara Date: Tuesday, 9-25-07 Time # of Cars in Queue to: Time # of Cars in Queue to: Time # of Cars in Queue to: order pick up order pick up order pick u 7:00 AM 0 1 7:45 AM 5 4 8:30 AM 2 3 7:01 AM 1 1 7:46 AM 5 4 8:31 AM 4 3 7:02 AM 1 1 7:47 AM 6 3 8:32 AM 7 3 7:03 AM 0 1 7:48 AM 5 3 8:33 AM 6 3 7:04 AM 1 1 7:49 AM 4 3 8:34 AM 6 4 7:05 AM 1 2 7:50 AM 2 4 8:35 AM 7 3 7:06 AM .0 1 7:51 AM 2 3 8:36 AM 6 3 7:07 AM 0 0 7:52 AM 1 3 8:37 AM 7 3 7:08 AM 0 0 7:53 AM 0 3 8:38 AM 7 4 7:09 AM 0 1 7:54 AM 2 2 8:39 AM 7 4 7:10 AM 1 0 7:55 AM 2 3 8:40 AM 8 4 7:11 AM 2 1 7:56 AM 0 3 8:41 AM 9 3 7:12 AM 2 2 7:57 AM 0 2 8:42 AM 8 4 7:13 AM 2 3 7:58 AM 1 2 8:43 AM 6 2 7:14 AM 2 2 7:59 AM 2 3 8:44.AM 9 3 715 AM 3 2 8:00 AM 2 3 8:45 AM 8 2 7:16 AM 4 3 8:01 AM 4 3 8:46 AM 5 3 7:17. AM 3 4 8:02 AM 3 4 8:47 AM 5 3 7:18 AM 2 2 8:03 AM 3 3 8:48 AM 4 3 7:19 Aral 2 1 8:04 AM 4 3 8:49 AM 3 2 7:20 AM 3 2 8:05 AM 3 3 8:50 AM 3 3 7:21 AM 1 2 2 8:06 AM 2 3. 8:51 AM 2 3 7:22 AM 3 3 8:07 AM 1 3 8:52 AM 1 3 7:23 AMI 2 4 8:08 AM 0 2 8:53 AM- 1 3 7:24 AM 3 4 8:09 AM 1 3 8:54 AM 5 2 7:26 AM 4 3 8:10 AM 2 3 8:55 AM 5 3 7:26 AM 4 3 8:11 AM 2 4 8:56 AM 5 3 7:27 AM 3 2 8:12 AM 2 3 8:57 AM 7 3 7:28 AM 3 3 8:13 AM 3 3 8:58 AM 6 4 7:29 AM 4 2 8:14 AM 1 3 8:59 AM 8 3 7:30 AM 5 4 8115 AM 1 3 9:00 AM 7 2 7:31 AM 5 2 8:16 AM 1 2 7:32 AM 6 3 8:17 AM 2 3 7:33 AM . 5 3 8:18 AM 0 2 7:34 AM 6 2 8:19 AM 2 2 7:35 AM 5 3 8:20-AM 2 3 7:36 AM 5 3 8:21 AM 3 2 7:37 AM 6 2 8:22 AM 4 4 7:38 AM 6 2 8:23 AM 4 4 7:39 AM 5 3 8:24 AM 4 4 7:40 AM 4 3 8:25 AM 4 4 7:41 AM 5 3 8:26 AM 3 4 7:42AM 4 3 8:27AM 5 4 7:43 AM 5 3 8:28 AM 5 4 7:44 AM 4 4 8:29 AM 4 4 MASTER LAND USE APPLICATION RECEIVED CITY OF Federal Way All 01 1111 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT APPLICATION NO(S) / `7— / v 1 /Fb `(-( DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 u ww.cit vaFFedcral «ay.com Project Name F Property Address/Location /J A Q Parcel Number(s) ` 15 � Z_ 00 -7 ` S I�r oject Description PLEASE PRINT Date � - 7^/ 77 Siv1�Y Omc� 1910IL-PN jC7 , FAST n I ST 1g'.P�tsT Wry- €- CW Vic -T*R'o, A'd I5T A�/E• So�tt A�nlb Sb.i c�MP�s PVC Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information Zoning Designation enMNWNITe Jei i L Comprehensive Plan Designation Value of Existing Improvements r, > Value of Proposed Improvements International Building Code (IBC): Occupancy Type F] Construction Type Applicant Name: Fui L_ CacoI, A I W Ea�Iw- Address: N1 it qro Aq�. � STFI• 85t 4 City/State: �j -� + W c p Zip: q p t Q Phone: Zd • ?�v� q �� Fax.: Zo6 . Z4_2. 9 a 7 Email: Signature: Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: br,tir Lo tk41 C'DVEt.,�A► r G V> DL. p Address: �'2� �k U- %V� City/State: 0_4A Zip: 012G 1y Phone: Fax: p Email: A-& U-CW Signature: /--] I-q-,-2 Bulletin #003 — January 1, 201 1 Page 1 of 1 k:\Handouts\Master Land Use Application CITY OF L Federal Way Mr. Paul Grundhoffer Weaver Architects 1411 4th Avenue, Suite 810 Seattle, WA 98101 aui Va re ar • om FILE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com Re: File #17-101596-00-UP, TECHNICAL COMMENTS Pacific Dental & Retail Building, 1xx SW Campus Drive (Lot B), Federal Way Dear Mr. Grundhoffer: Jim Ferrell, Mayor June 26, 2017 The city is in receipt of your April 7, 2017, Use Process II application for a 5,000 square foot building with a drive -through and two tenants spaces at the above mentioned address. The site is identified as "Lot B" in the 1990 Waremart/Winco concomitant zoning agreement (CZA). The applicant will retain 38 parking spaces and remove 68 existing parking spaces on Lot B for the building and improvements. A review of the submitted materials indicates the following items must be addressed before land use approval may be granted. The Use Process II application was deemed complete during intake. Please contact the appropriate Development Review Committee (DRC) representative listed below for specific technical questions. TECHNICAL REVIEW COMMENTS PLANNING DIVISION, Leila Willoughby -Oakes, 253-835-2644 leila willoughbv-oakes ,ciiyoffedeeabyay.com Zoning 1. On the site plan, label the tenant spaces and gross floor area for each. 2. Provide a trash can; fast food restaurants must provide one outdoor waste receptacle for every eight parking stalls. Please provide a minimum of three receptacles. 3. Per Federal Way Revised Code (FWRC) 19.220.010 note 3, drive -through facilities must be designed so that vehicles will not block traffic in the street while waiting in line, and will not unreasonably interfere with on -site traffic flow: Submit a queueing analysis for the drive -through and compare similar sites with the same chain (i.e, Starbuck). The study should contain site specific data in an effort to reduce conflicts with other uses (i.e. Pacific Dental, Winco Grocery, I -Hop and future development on `tat C" to the east). Planning recommends you provide the maximum stacking capacity to avoid blocking the main SW Campus Drive ingress/egress.' 1 "Drive through queue general data shows that the volume of drive -through traffic and, therefore the required stacking distance, is higher for full -service coffee shops than for drive -through only operation. Since all of the full service operations were 5tubuck5 locations, it may be possible to. -apply the resuits of those counts to other proposed suburban Starbucks locations clsewhere in the country" (Spack, Moreland and de Leeuw, et al., 2012). Na. Paul Grundhoffer Page 2 of 6 June 23, 2017 Landscaping 4. Sheed T1.0 Detaid—Provide tree protecting iencirx I Kas follows (FWRC 19.120.160, enclosed): w hl • The no disturbance zone shall be identified during the construction stage with: (a) A temporary five-foot chain -link fence; and (b) Tree protection signage attached to the fence which reads "TREE PROTECTION FENCE — No soil disturbance, parking, storage, dumping, or burning of materials is allowed within the Tree Protection Fence." 5. Per and Maintenance Standards — Plant materials that have died shall be replaced at the beginning of the next appropriate planting season, and planting areas shall be kept reasonably free of noxious weeds and trash (FWRC 19.125.090). 6. Finallnspections —A final certificate of occupancy shall only be issued after passing the final landscape inspection. Please have the landscaper of record submit signed statement stating the irrigation system is installed and operational per the plans. To schedule a landscaping inspection call 253-835-2644, or email leila,u illouglibv-oakesacityoffederalway.com. Critical Areas 7. Please resubmit the hazardous materials inventory checklist when applying for the construction permit, on determining the fast-food tenant. Signs 8. The applicant shall apply for separate sign permits. Please contact the Permit Center at 253-835-2607, or permit.center(@ci"lo£federalwly.com. Any combined sign package for adjacent property owners (i.e. Winco, I -Hop etc.) requires Use Process III application approval. Parldng 10. Parking — Staff recommends the applicant revise the parking stall layout to provide 25 percent compact parking spaces (maximum of nine permitted parking spaces TWRC 19.130.170]). The Winco Plaza has high traffic volumes, commercial Lot D (to the east) is undeveloped at this time, and the city is reviewing a multi -family proposal at 15t and SW Campus Drive. 11. Provide any shared or reciprocal parking agreements. Per the preapplication letter prepared by Senior Planner Jim Harris, a shared parldng agreement must be submitted with the formal Use Process III application. If you do not have this information, please conduct a public records document search using the enclosed public records request form. Shared parking facilities in the Community Business (BC) zone are regulated as follows (FWRC 19.130.120[1]): "Two or more businesses or uses may share parking areas. The number of parking spaces that must be provided in such shared areas must be at least 90 percent of parking spaces required by this title for all such businesses or uses that are open or generating parking demands at the same time. The owner of each lot must sign an agreement in a form File 17-101596-00-11P Doc. I.D. 75815 Mr. Paul Grundhoffer Page 3 of 6 June 23, 2017 acceptable to the city attorney, stating that the owner's property is committed to providing parking for the other property. This statement must be recorded with the King County auditor, at the applicant's expense, and shall run with the properties." Construction Requirements 12. The applicant shall comply with FWRC 19-275.080 for temporary trailers, buildings, or other structures used for a construction office or outdoor storage containers. Temporary construction materials must be placed to minimize visibility from surrounding streets, pedestrian areas, and properties. The construction materials may not be located in required yards. Solid Waste 13. FWRC 19.125.1509(5) requires easy access to garbage enclosures, located on flat area, a minimum of 50 feet from and at the same grade as the hauler access area. You propose a 35 foot approach (the internal drive -aisles and enclosure approach are approximately 35 feet from the parking stalls to the east). Please show how haulers will access the proposed enclosure and increase the access width. You may depict the turning radius for a typical waste management truck as seen below. - -- �r� -.... ram; i • LEN LF.Ci](lV WHIE'� rtPp1{pAOK . S-N Ground Electrical Equipment Vedfytc a gxlrM&a Mjkar Is hee oloverhead nbsmicdons,lelecldralylaKf FleMtcl - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - I - Ij 3a-sr I IF i0- NOTE: Vehlcleshown Isasl d.N,da0cuyd.Fotend laadlno callectlon mlck. ACual Nmemlons wlll dlHer bd doaINck Manulaclum, SIDE VIEW 14. Please screen all ground mechanical and electrical equipment from the right-of-way. The proposal,should use Type I landscaping; providing a solid 100 percent site -obscuring screen within three years from planting per FWRC 19.125.050 and 19.115.050(6)(b)(i). Solid screens also prevent graffiti. Community Design Guidelines 15. Provide a bike rack on the commercial site. 16. Canopies — If used, canopies must cover at least 50 percent of the facade. 17. Bariddi g Design —Please provide one additional building facade modulation or screening option for both facades 60 feet or greater; the Planning Division discourages the use of foundation landscaping at this address. The current proposal includes canopies. Doc. I.D. 75815 File 17-101596-00-UP 1VIr. Paul Grundhoffer Page 4 of 6 June 23, 2017 The options are: • A 200 square foot pedestrian plaza (please see below for plaza requirements);z or • Facade modulation a minimum depth of two feet, minimum width of six feet, and maximum with of 60 feet, or landscape screening (not recommended by staff for site security).3 C IIIC6fp0l ling modulAW2 18. BuiUb7gArticulation — For the building facades visible from rights -of -way and other public areas (i.e. plazas, sidewalks, and the proposed drive -through), please incorporate methods of articulation and accessory elements in the overall design. You currently provide brick banding, windows, and steel revels. Please add one additional method to articulate the blank walls: for example vertical trellis(es), decorative masonry, superficial windows, or material variation etc. (FWRC 19.115.060[3]). 19. Circulation —Pursuant to FWRC 19.115.050(2)(b), clearly delineate parking and vehicle circulation areas, in particular the fast-food drive -through. Depict where you will install directional signage for circulation for the drive -through and access aisles with pavement markings If there are faded or missing directional pavement markings, please restripe them. Lot B users may also access Lot A, C, and D to reach businesses on Lot B. 20. Pedestrian Connections — Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas, and public rights -of -way (FWRC 19.115.050[4][c]). Please provide an extended connection from the development on Lot B (near the barrier free parking stall) to Lot D (undeveloped) where additional parking exists; the Winco plaza functions as one development. For example, extend the mid -block pedestrian crossing across the parking lot. The restriping of parking stalls to compact would compensate for a loss in spaces. 21. Braildr.'n,g Entrances — Building entrance facades shall contain transparent glass. The Planning Division requests that no permanent signage or advertising stickers block the windows. PUBLIC WORKS DEVELOPMENT SERVICES DIVISION, Ann Dower, 253-835-2732 ann . d ower@cityo ffede ralway. co m ) Additional comments may apply post-resubmittal. The information submitted on April 7, 2017, has. been reviewed. The following additions and revisions must be made prior to land use approval: 2 Pedestrian plazas must be available for public use and situated near a main entrance to a building, or be clearly visible/accessible from the adjacent right-of-way. Please include features and furnishings: special paving, landscaping, pedestrian -scale lighting, seating areas, weather protection, water features, art, trash receptacles, and bicycle racks. Please provide plaza details if choosing this building design option, including a cross-section pursuant to Bulletin #054, page 6 "Additional Information." 3 You may also choose to have curved facade elements, off -set planes, or terracing instead of fa4ade modulation. File 17-101596-00-UP Doc. I.D. 75815 i Mr. Paul Grundhoffer Page 5 of 6 June 23, 2017 1. A current level one downstream analysis must be provided. 2. Section 1.2.3 of the 2016 King County Surface 1�ater De ign Manual (KCSWDM) outlines when flow control is required. In Conservation Flow Control areas, runoff from new impervious area, replaced impervious area, and new pervious area must be mitigated to current standards. With proper analysis, the existing detention system may be credited toward that goal, but the existing system by itself does not meet current requirements. The TIR and plans must be revised accordingly. 3. Core requirement #9, Flow Control BMP's, applies to this site. Catch basins, pipe, and Filterra systems are not considered BMP's. Please see section 1.2.9 of the KCSWDM for requirements and options. The TIR and plans must be revised accordingly. Large lot requirements apply to the disturbed (new and replaced) area. PUBLIC WORKS TRAFFIC DIVISION, Erik Preston, PE, 253-835-2744 crik.preston@ciMoffederalway.com Comments under will follow under separate cover. PUBLIC WORKS SOLID WASTE/RECYCLING DIVISION, Rob Van Orsow, 253-835-2770 robe ei offederabya & m) 1. Please revise the enclosure access for the hauler. Enclosure access for service vehicles will be tight, but based on site orientation it appears the enclosure is in the best location given constraints posed by the drive -through feature. As long as code permits the enclosure structure being that close to the side lot line (northwest lot line), the layout should work. 2. The enclosure should not be blocked with designated parking spaces situated directly in front of the enclosure's opening/gate or vehicle turning radii. SOUTH KING FIRE & RESCUE, Chris Cahan, 253-946-7243, chris.cahan outhkin fire.or The required fire flow for this project is 2000 gallons per minute. A Certificate of Water Availability shall be provided indicating the fire flow available at the site. A hydraulic fire flow model shall be requested from the water district. Fire Hydrants This project will require one fire hydrant; the existing hydrant satisfies this requirement. Fire hydrants shall be in service prior to and during the time of construction. Fire Sprinkler System The current plan has the structure at less than 5000 square feet. A fire sprinkler system will be required if the structure exceeds 5000 square feet, and/or the occupant load of the restaurant is 100 or more. Doc. I.D. 75815 File 17-101596-00-UP Mr. Paul Grundhoffer Page 6 of 6 June 23, 2017 Fire Alarm A fire alarm system is required. An automatic fire detection system shall be installed in all buildings exceeding 3000 square feet gross floor area. This fire detection system shall be monitored by a central and/or remote station conforming to the current requirements of the National Fire Protection Association standards, and/or the fire chief or designee. Fire Department Lock Box A recessed fire department "Knox" brand key box shall be installed on each building. Additional Requirements Additional permits will be required for installation of a Medical Gas System and an A Type 1 Hood in the "retail" portion of the building. LAKEHAVEN WATER & SEWER ]DISTRICT, Brian Asbury, BAsbut @lakehaven.org It appears proposed water meters (only two appear to be indicated [domestic and fire -protection], with no proposed irrigation service/meter shown) are not within Lakehaven's existing easement. Locating new water service connections (main-to-meter/vault) outside of an existing Lakehaven easement will require an additional Lakehaven easement. CLOSING When resubmitting the requested information, please provide a written response to each item clouding all changes, and four copies of the corrected plans/associated materials with a completed resubmittal form (enclosed). All redesigns will be reviewed for compliance with the FWRC. The FWRC limits the administrative review to 120 days from the date of a complete application. However, the review timeframe is suspended at any time additional information is required by the city. Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the city within 180 days of being notified that such information is requested, the application shall be deemed void. If you have any questions regarding this letter or your application, please contact me at 253-835-2644, or leila.wiUoughby-oakes@cityoffederalway.com. Sincerely, Leila Willoughby -Oakes Associate Planner enc: Project Resubmittal Form c: Bulletin #054, Process II Development Requirements FWRC 19.115.060 `Building Design" FWRC 19.120.160 "Construction Fencing" Starbucks Parking Study Solid Waste & Recycling Guidelines Peter Lawrence, Plans Examiner Erik Preston, Senior Traffic Engineer Ann Dower, Senior Engineering Plans Reviewer Rob VanOrsow, Solid Waste/Recycling Coordinator Brian Asbury, Lakehaven Water & Sewer District Chris Cahan, South King County Fire and Rescue Lauchlin Bethune, Landscape Architect, lacuh ct Uethuneaasneiates. �nm Julie A. Margetich, Covenant Real Estate Group 2044 California Avenue, Corona, CA 92881 margeTtcht[7t�acaficderiLalsrr6cmcom (with enclosures) Re 17•I01596.00•UP Doc LD. 75615 CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8 h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.6LLto_ffcdera1wjLv.com RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. "Please note.' Additional or revised plans or documents for an 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 returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting if you are not sure about the number of copies required. ** ANYCHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: 1 7- 1 0 1 9 5 6- U P Project Name: Covenant Group Building Project Address: 160 SW CAMPUS DR., FEDERAL WAY WA 98023 Project Contact: Paul Grundhoffer RESUBMITTED ITEMS: # of Copies ** electronic PDF I Full properly title report Phone: (206) 262.9622 Detailed Description of Item ** Always submit the same number of copies as required for yourinitial application.** Resubmittal Requested by: Leila Willoughby -Oakes Letter Dated: (warr mem6er OFFICE USE ONL Y RESUB #.• Distribution Date: BY- 1--Dept/Div Name # Description Building Planning PW Fire Other Bulletin #129—January 1, 2011 Page 1 of 1 k:\Handouts\Resubmittal Information weaver ARCHITECTS 21. A note has been added to the elevation stating that glazing is to be transparent and that no permanent signage or advertising stickers are to clock the windows. RESUBMITTED Public Works Comments. SEP i 3 2017 See the attached response letter from Larson and Associates. C F FY O F F D c R!t . Y,'-AY Public Works Solid Waste/Recycling Division: COMMUNMY DEVELOPMENT 1. See the revised site plans for an altered garbage enclosure orientation that allows for the required approach of the truck. 2. See the revised site plans for an altered garbage enclosure orientation that allows for the required approach of the truck. South King Fire & Rescue: A Lakehaven Water & Sewer District Water Certificate of Availability was submitted in the original application package stating that the available fire flow would be 2,500 GPM which exceeds the 2,000 GPM requirement. Hydrants: There are two hydrants located at the NE and SE corners of the site, one is necessary as stated in the comments. Fire Sprinkler System: A fire sprinkler system will be provided for the structure. Fire Alarm: A fire alarm system will be provided in the structure. Fire Department Lock Box: Notes have been added to the site plan and north elevation showing the location of the lock box at the sprinkler riser room. Additional Requirements: Additional permit will be filed for if a Medical Gas System or a Type 1 Hood is to be installed. South King Fire & Rescue: See the attached response letter from Larson and Associates. Site Liahting: In addition to the revisions noted above, the exterior light fixture information and layout was revised to reflect the changes outlined above. Please see the Photometric Plan PH-1 & Photometric Detail PH-2. Please let me know if you have any questions. Sincerely, Paul Grundhoffer Weaver Architects 3of3 Lauchlin R. Bethune Associates, Inc. ■ Landscape Architecture & Planning, ASLA August 31, 2017 PACIFIC DENTAL AND RETAIL Federal Way, Washington 177E0 Response Comments for Landscape CD's Sp2917 TECHNICAL REVIEW COMMENTS _ Av Planning Division, Leila Willoughby -Oakes �}NiTY DEYEI-OrMESi Comments of June 23, 2017, Revised #1 of 8/31/17 Zoning: 4. Sheet T1.0. Detail. Notes added from Federal Way Code FWRC 19.120.160 — No Disturbance Zone. Notes added include 5' fence and no debris in this area Clouded and Delta A. 5. Performance and Maintenance Standards. See Sheet L2.0. Added Note for Landscape Performance and Maintenance Standards and Final Inspections, clouded and Delta A. 6. Final Inspections. See Sheet L2.0. Added Note for Landscape Performance and Maintenance Standards and Final Inspections, clouded and Delta A. Ground Electrical Equipment: 14. Garbage Enclosure and Transformer in Landscape. Garbage Enclosure is screened with Type 1- Landscape Buffer. Transformer is screened with Type 1-Landscape Buffer of evergreen shrubs to provide site obscuring screen within 3-years. Plant material around transformer includes setback recommendations from PSE vegetation requirements of 3-feet from transformer pad and vehicle access from driveway. Lakehaven Water & Sewer District: Comments per Brian Asbury, LHWSD Irrigation Water Meter coordinated with Jeff Cederholm, R.R. Larson and Associates Civil Engineers; Tacoma, WA. Please call me if you have any questions. Sincerely, Lauchlin R. Bethune Associates, Inc. "kohUmf gethuvte Lauchlin Bethune President/Landscape Architect File: General/217107 revisions P.O. Box 1442 u Maple Valley, Washington 98038 0 (425) 432-9877 0 webpage: bethuneassociates.com 0 LARsaN AND ASSOCIATES oo Q1L14Re yor ., P.FI�%itwr4 W e&ne ,& W W W.RRLAf[SON.COM September 5, 2017 Leila Willoughby -Oakes City of Federal Way RE: File #17-101596-00-UP, Technical Comments Pacific Dental & Retail Building SW Campus Drive (Lot B), Federal Way RE5!_;..i . .: 5F P , 3 2017 CITY CF r' WAY CpMMUNn Di=YELOPMEK4T We have addressed the comments from City review letter dated June 26, 2017 as follows: Solid Waste: 13. See revised civil plan set which shows updated dumpster pad enclosure area which provides angled approach for front loading hauler truck access meeting the intent of the requirement for access. Public Works Development Services Division (Ann Dower.253-835-2732 1. A current level one downstream analysis was previously provided and included in the TIR and is also included within this resubmittal package. 2. An underground stormwater detention vault facility has now been proposed to meet flow control requirements for this project as outlined in Section 1.2.3 of the 2016 King County Surface Water Design Manual(KCSWDM) as required. 3. Core Requirement #9 has now been addressed for this project by proposing soil amendment BMP to all disturbed pervious surfaces as reflected on the updated civil plans. An updated discussion has also been provided in the revised TIR. Public Works Traffic Division Erik Preston PE 253-835-2744 1. See revised civil plan set which shows updated dumpster pad enclosure area which provides angled approach for front loading hauler truck access meeting the intent of the requirement for access. 2. See response above regarding updated dumpster pad configuration. South King Fire & Rescue. (Chris Cahan. 253-946-7243 Fire Hydrants Confirmed- the existing fire hydrant in the northeast corner of the project will satisfy this requirement. 9027 Pacific Avenue, Suite 4, Tacoma, WA 98444 Office (253) 474-3404 Fax (253) 472 7358 Lakehaven Water & Sewer District, Brian Asbury Civil Plans have been updated to shown proposed easement area over proposed domestic, fire protection and irrigation meter locations within existing planter island. Please feel free to contact me at 253-474-3404 to discuss responses to your comments shown above. i nce a y, Jeff L. Cederholm, PE Larson & Associates, Inc. RECEIVED jj*,Lakehaven APR 0 7 2017 WATER & SEWER DISTRICT CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT P Lakehaven Water & Sewer District - Development Engineering Section 31623 - 1st Ave S * PO Box 4249 * Federal Way, WA 98063-4249 Telephone: 253-945-1581 or 253-945-1580 * Email: DE@Lakehaven.org This certificate is intended to provide the applicant, land use agencies &/or public health departments with information necessary to evaluate development proposals. Lakehaven Water & Sewer District, at its sole discretion, reserves the right to delay, or deny, water service based upon capacity &/or supply limitations in Lakehaven's or Other Purveyor's system facilities. Proposed Land Use: ® Building Permit-SFR ❑ Building Permit-MFR ❑ Building Permit -Other ❑ Subdivision ❑ Short Subdivision ❑ Binding Site Plan ❑ Rezone ❑ Boundary Line Adjustment ❑ Other (specify/describe) Tax Parcel Number(s): 4159200715 Site Address: 1XX SW Campus Dr Lakehaven GIS Grid: H-12 Ex. Bldg. Area to Remain: N/A sf New Bldg. Area Proposed: 15. 00 sf Applicant's Name: Margetich WATER gYSTEM INEQRMATION 1. ® Water service can be provided by service connection to an existing 8 diameter water main that is on the site. 2. ❑ water service for the site will require an improvement to Lakehaven's water distribution system of: ❑ a. feet of " diameter water main to reach the site; and/or ❑ b. The construction of a water distribution system on the site; and/or ❑ c. A major portion of Lakehaven's comprehensive water system plan would need to be implemented and/or constructed; and/or ❑ d. Other (describe): 3. ® a. The existing water system is in conformance with Lakehaven's Comprehensive Water System Plan. ❑ b. The existing water system is not in conformance with Lakehaven's Comprehensive Water System Plan and an Amendment to this Plan will be required. This may cause a delay in issuance of land use approvals or permits. 4. ® a. The subject property is within the corporate limits of Lakehaven Water & Sewer District, or has been granted Boundary Review Board approval for extension of water service outside of Lakehaven'§ water service area. ❑ b. Annexation or Boundary Review Board approval will be necessary to provide service. S. Water service is subject to: ® a. Payment of connection charges (to be determined by Lakehaven); ® b. Proof or reservation of easement(s) as required by Lakehaven; ® c. Other: Watgr ServiceConnection ali ns re uire . Non -single-family prnperti re u' aratg domesticr building),irrigation if I alandscaped.r s are lngQrporated Into the 51te d m nt). and fire protection (if required or Installed) water service connections & metecs. Comments/special conditions: Service ressure greater than 80 psi indicated, Pr-cssure Reducing in 1-Cated, contact IoCad building official for requirements Wor additional IntolrMaLon. The nearest fire hydrant is approximately 10+ - feet from the Pr a (as marked on map on the back of this page). Fire Flow at no less than 20 psi available within the water distribution system is 2.500 GPM (approximate) for two (2) hours or more. This flow figure depicts the theoretical performance of the water distribution system under high demand conditions. Fire flow rates greater than this may be accommodated through water distribution system improvements, contact Lakehaven for additional information. 538 Pressure Zone Est. Meter Elevation(s)-GIS: 245+/- Est. Pressure Range at Meter(s) (psi): Min. 118, Max. 126 I hereby certify that the above water system information Is true. This certification shall be valid for one (1) year from the date of signature. Name: BRIAN ASBURY Title: DEVELOPMENT ENGINEERING SUPERVISO Signature: Date: 4159200715 wtr.docx (Form Update 1/3/17) Page 1 of 2 Ex. 1ft 4159200710 Hydrant 160 0 Ex. Hydrant w 0 1° 4159200725 4159200715 Ex. Hydrant N� Q r Ip% 4159200720 C- 170qP rE. takeha�en Water and Sevier Water Certificate of Availability ~ hict neither warrants nor guarantees PariCe141592d0715 afxufacy of any facility information o vided. Facirrty locations and conditions subject tofw1d verr<ff:alion. Feet 3/27/2017 BIA 4159200715 wtr.docx (Form Update 1/3/17) Page 2 of 2 Lakehaven WATER & SEWER DISTRICT 0EwlEIt c tF7C. _... Lakehaven Water & Sewer District - Development Engineering Section 31623 - 1st Ave S * PO Box 4249 * Federal Way, WA 98063-4249 Telephone: 253-945-1581 or 253-945-1580 * Email: DE@Lakehaven.org This certificate is intended to provide the applicant, land use agencies &/or public health departments with information necessary to evaluate development proposals. Lakehaven Water & Sewer District, at its sole discretion, reserves the right to delay, or deny, sewer service based upon capacity &/or supply limitations in Lakehaven's or Other Purveyor's system facilities. Proposed Land Use: ® Building Permit-SFR ❑ Building Permit-MFR ❑ Building Permit -Other ❑ Subdivision ❑ Short Subdivision ❑ Binding Site Plan ❑ Rezone ❑ Boundary Line Adjustment ❑ Other (specify/describe) Tax Parcel Number(s): 4159200715 Site Address: IXX Sw Campus Dr Lakehaven GIs Grid: H-12 Ex. Bldg. Area to Remain: N/A sf New Bldg. Area Proposed: 5.100 sf Applicant's Name: Margetich SEWER SYSTEM IiNFORMATION 1. ® Sewer service can be provided by service connection to an existing a" diameter sewer main that is on the site and the sewer system has the capacity to serve the proposed land use. 2. ❑ Sewer service for the site will require an improvement to Lakehaven's sanitary sewer system of: ❑ a. feet of " diameter sewer main or trunk to reach the site; and/or ❑ b. The construction of a sanitary sewer collection system on the site; and/or ❑ c. A major portion of Lakehaven's comprehensive wastewater system plan would need to be implemented and/or constructed; and/or ❑ d. Other (describe): 3. ® a. The existing sewer system is in conformance with Lakehaven's Comprehensive Wastewater System Plan. ❑ b. The existing sewer system is not In conformance with Lakehaven's Comprehensive Wastewater System Plan and an Amendment to this Plan will be required. This may cause a delay in issuance of land use approvals or permits. 4. ® a. The proposed site land use is within the corporate limits of Lakehaven Water & Sewer District, or has been granted Boundary Review Board approval for extension of sewer service outside of Lakehaven's sewer service area. ❑ b. Annexation or Boundary Review Board approval will be necessary to provide service. S. Sewer service is subject to: ® a. Payment of connection charges (to be determined by Lakehaven); ® b. Proof or reservation of easement(s) as required by Lakehaven; ® c. Other: Sewer Service Connection Permit required, subject to execution of Discharge Agreement. Comments/special conditions: rare shall be taken to avoid encroachment boon existing sewer mains, and/or ociated easement(s), on the site. I hereby certify that the above sewer system information is true. This certification shall be valid for one (1) year from the date of signature. Name: BRIAN ASBURY Title: DEVELOPMENT ENGINEERING SUPERVISOR Signature: I Date: { // 4159200715 swr.docx (Form Update 1/3/17) Page 1 of 2 4159200710 160 4 4159200725 4159200715 Ex. 6" Sewer Svc Stub TL 0+97 x 22 x 7' 4159200720 G� n 178 rE: Lakehaven Water and Sewer Certificate of Availability Diet neither warrants nor guarBnteesParcel 4159200715 accuracy of any facility information a w Ailed. Facility localons and conMions subject to field veriTicafi on.Feei 3/27/2017 BIA 4159200715 swr.docx (Form Update 1/3/17) Page 2 of 2 RECEIVED tg6p Lakehaven APR 0 7 2017 WATER & SEWER DISTRICT CITY OF FEDERAL WAY COMMUN(TY DEVELOPMENT Lakehaven Water & Sewer District - Development Engineering Section 31623 - 1st Ave S # PO Box 4249 * Federal Way, WA 98063-4249 Telephone: 253-945-1581 or 253-945-1580 * Email: DE@Lakehaven.org This certificate is intended to provide the applicant, land use agencies &/or public health departments with information necessary to evaluate development proposals. Lakehaven Water & Sewer District, at its sole discretion, reserves the right to delay, or deny, water service based upon capacity &/or supply limitations in Lakehaven's or Other Purveyor's system facilities. Proposed Land Use: ® Building Permit-SFR ❑ Building Permit-MFR ❑ Building Permit -Other ❑ Subdivision ❑ Short Subdivision ❑ Binding Site Plan ❑ Rezone ❑ Boundary Line Adjustment ❑ Other (specify/describe) Tax Parcel Number(s): 4159200715 Site Address: 1XX SW Campus Dr Lakehaven GIs Grid: H-12 Ex. Bldg. Area to Remain: N/A sf New Bldg. Area Proposed: 15. 00 sf Applicant's Name: Margetich WATER SYSTEM INFORMATION 1. ® Water service can be provided by service connection to an existing 8" diameter water main that is on the site. 2. ❑ Water service for the site will require an improvement to Lakehaven's water distribution system of: ❑ a. feet of " diameter water main to reach the site; and/or ❑ b. The construction of a water distribution system on the site; and/or ❑ c. A major portion of Lakehaven's comprehensive water system plan would need to be implemented and/or constructed; and/or ❑ d. Other (describe): 3. ® a. The existing water system is in conformance with Lakehaven's Comprehensive Water System Plan. ❑ b. The existing water system is not in conformance with Lakehaven's Comprehensive Water System Plan and an Amendment to this Plan will be required. This may cause a delay in issuance of land use approvals or permits. 4. ® a. The subject property is within the corporate limits of Lakehaven Water & Sewer District, or has been granted Boundary Review Board approval for extension of water service outside of Lakehaven's water service area. ❑ b. Annexation or Boundary Review Board approval will be necessary to provide service. S. Water service is subject to: ® a. Payment of connection charges (to be determined by Lakehaven); ® b. Proof or reservation of easement(s) as required by Lakehaven; ® c. Other: Water 5 i nne ion I€ a ions required., Non-single-familyroe re ui s rate domestic er building), irrigation (if Irrigated landscape�1 areas are incorporated into the site develp_pment), a ire protection if reWhred or installed water service connections & meters. Comments/special conditions: Service pressure(s) greater than 80 psi indicated, Pressure Reducing Valve(s) indicated. contactlocal building official for re uirem or additional information. The nearest fire hydrant is approximately 10+ - feet from the Pro (as marked on map on the back of this page). Fire Flow at no less than 20 psi available within the water distribution system is 2.500 GPM (approximate) for two (2) hours or more. This flow figure depicts the theoretical performance of the water distribution system under high demand conditions. Fire flow rates greater than this may be accommodated through water distribution system improvements, contact Lakehaven for additional information. 538 Pressure Zone Est. Meter Elevations)-GIS: 245+/- Est. Pressure Range at Meter(s) (psi): Min. 118r Max. 126 I hereby certify that the above water system information is true. This certification shall be valid for one (1) year from the date of signature. Name: BRIAN ASBURY Title: DEVELOPMENT ENGINEERING SUPERVISO Signature: Date: 4159200715 wtr.docx (Form Update 1/3/17) Page 1 of 2 Ex. @ 4159200710 Hydrant 160 ro ° Ex. Hydrant +a 4159200725 4159200715 -@ Ex. Hydrant 4159200720 4�a r G 178 aTE: Iskehaven Water and Smwr Water Certificate of Availability ~ District neither vmrmnts nor guarantees Pal�ee14159200715 the accuracy of any facility information prmided. Facility locations and conditions ° 30 6° are subjeettofield verification. Feel 3/27/2017 BIA 4159200715 wtr.docx (Form Update 1/3/17) Page 2 of 2 Lakehaven WATER & SEWER DISTRICT Lakehaven Water & Sewer District - Development Engineering Section 31623 - 1st Ave S * PO Box 4249 * Federal Way, WA 98063-4249 Telephone: 253-945-1581 or 253-945-1580 * Email: DE@Lakehaven.org This certificate is intended to provide the applicant, land use agencies &/or public health departments with information necessary to evaluate development proposals. Lakehaven Water & Sewer District, at its sole discretion, reserves the right to delay, or deny, sewer service based upon capacity &/or supply limitations in Lakehaven's or Other Purveyor's system facilities. Proposed Land Use: ® Building Permit-SFR ❑ Subdivision ❑ Rezone ❑ Other (specify/descrlbe; Tax Parcel Number(s): 4159200715 Ex. Bldg. Area to Remain: N/A sf Applicant's Name: Margetich SEWER SYSTEM INFORMATrON ❑ Building Permit-MFR ❑ Building Permit -Other ❑ Short Subdivision ❑ Binding Site Plan ❑ Boundary Line Adjustment Site Address: '.XX SW a r Lakehaven GIs Grid: H-12 New Bldg. Area Propose : 5 00 f 1. ® Sewer service can be provided by service connection to an existing 8" diameter sewer main that is on the site and the sewer system has the capacity to serve the proposed land use. 2. ❑ Sewer service for the site will require an improvement to Lakehaven's sanitary sewer system of: ❑ a. feet of " diameter sewer main or trunk to reach the site; and/or ❑ b. The construction of a sanitary sewer collection system on the site; and/or ❑ c. A major portion of Lakehaven's comprehensive wastewater system plan would need to be implemented and/or constructed; and/or ❑ d. Other (describe): 3. ® a. The existing sewer system is in conformance with Lakehaven's Comprehensive Wastewater System Plan. ❑ b. The existing sewer system is not In conformance with Lakehaven's Comprehensive Wastewater System Plan and an Amendment to this Plan will be required. This may cause a delay in issuance of land use approvals or permits. 4. ® a. The proposed site land use is within the corporate limits of Lakehaven Water & Sewer District, or has been granted Boundary Review Board approval for extension of sewer service outside of Lakehaven's sewer service area. ❑ b. Annexation or Boundary Review Board approval will be necessary to provide service. S. Sewer service is subject to: ® a. Payment of connection charges (to be determined by Lakehaven); ® b. Proof or reservation of easement(s) as required by Lakehaven; ® c. Other: Sewer Service Connection Permit reouir d, subjecttQ execution of Discharge Agreement. Comments/special conditions: Care shsill be taken id encroachmeLit upon existing sewer mains, and or asso is ed easement(s), on the site. I hereby certify that the above sewer system information is true. This certification shall be valid for one (1) year from the date of signature. Name: BRIAN ASBURY Title: DEVELOPMENT ENGINEERING SUPERVISOR Signature::L7-Date: 3 27 4159200715 swr.docx (Form Update 1/3/17) Page 1 of 2 aOTE: l.akehaven Water and Sesme Sewer Certificate of Availability N District neither verrants nor guarantees Pdree14159200715 the accuracy of any facility information a provided. Facility locations and condition are subject tofietd vt rification. Feel 3/27/2017 BIA 4159200715 swr.docx (Form Update 1/3/17) Page 2 of 2 DEPARTMENTOF CONIMU;NI-n' DEVELOPAIEi\T SERVICES 33325 8`h Avenue South RECEIVE!) Federal Vijay. WA 98003-6325 33-835-2607;Fax 253-835-2609 CITY OF ����°�c.citvof'fulcral�tiaw.com Federal Way APR 0 % 2017 CITY OF FEDERAL W.,�,Y COMMUNITY DEVELOPMENT Crime Prevention Through Environmental Design (CPTED) Checklist Instructions This checklist is designed to assist the project proponent in demonstrating how CPTED principles have been tnet. This goal can also be met by submitting a written explanation as to how each of the three design principles of Natural Surveillance, Access Control, and Ownership has been met. The checklist has been prepared to provide guidance and assistance in regard to the integration of CPTED principles into proposed project designs. The purpose of the checklist is to assist a project proponent in identifying and incorporating design strategies that implement the CPTED principles identified in Federal Way Revised Code (BVRC) 19.115.010. CPTED principles, performance standards, and strategies are used during project development review to identify and incorporate design features, which reduce opportunities for criminal activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices about their targets. In general: (1) The greater the risk of being seen, challenged, or caught; the less likely they are to commit a crime. (2) The greater the effort required, the less likely they are to commit a crime. (3) The lesser the actual or perceived rewards, the less likely they are to commit a crime. Through use of CPTED principles, the built environment can be designed and managed to ensure: (1) There is more chance of being seen, challenged, or caught; (2) Greater effort is required; (3) The actual or perceived rewards are less; and (4) . Opportunities for criminal activity are minimized. CPTED Design Principles CPTED design principles are functionally grouped into three categories: (1) Natural Surveillance. This category focuses on strategies to design the built environment in a manner that promotes visibility of public spaces and areas. (2) Access Corrtr•ol. This category focuses on the techniques that prevent and/or deter unauthorized and/or inappropriate access. (3) Ownership. This category focuses on strategies to reduce the perception of areas as "ownerless" and therefore available for undesirable uses. Bulletin ##021 —January I, 2011 Page I of2 kAlHandout \CPTED Instructions How to Use This Checklist This checklist has been prepared to assist in identifying appropriate strategies to incorporate CPTED design principles into proposed projects in Federal Way. The guidelines included in this checklist expand on the principles found in FlAaC 19.115.010. It is recommended that the principles be reviewed initially to identify the approaches used to implement OPTED. Subsequent to this initial review, this checklist should be reviewed to identify additional strategies that may be applicable for a proposed project. Not all strategies are applicable to all projects. In addition, the CPTED principles may be addressed through strategies that are not listed. Checklist Design The checklist has been organized in the following manner: Functional Area Specific design element addressed by CPTED principles Section and Functional Area Evaluation Performance Performance Standard for Agcacy Performance Standard Standard Use Only H%at is the desired outcome of Strategy applying CPTED principles to this functional area 0 AMHl blc dieing Siic Plan Review 6* ApM"bk during Building Permit Review Strategy Technique which can be used Seett 1.0: Natural Surveigaacc to implement CPTED principles Check Box I.1 81ind Corners _Conforms Indicate bychecking this box if .ovoid blind corners in pathways and parking lots. _Revise I this strategy has been used in the _NA proposed project Comments: Strategy Write-in Pathways should be direct. All barriers along This section can be used to write pathways should be perncable (see through) in a strategy which is not specifically listedbur is employed in the project including landsra io . fencing etc. K Consider the installation ofmirrots to allow users to see ahead of them and around wrncts e Process Applicability ❑ Other strait Indicates when in the review process the identified guideline should be assessed Site Plan and Building Permit Review Certain guidelines and techniques are best applied during different points in the review process. To assist in facilitating CPTED review, guidelines which are best considered during site plan review are indicated with a "Iff" symbol. Guidelines that are most appropriately applied during building permit review are indicated with a "e" symbol. Bulletin #021 —January 1, 2011 Page 2 of 2 k:1Handout \CPTED Instructions CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 "N".V Y.C11y0ti'cdcy)3 yaL'.canl 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 V" Functional Area Evaluation. for Performance Performance Standard Agency Use Only Standard Strategy ■ Applicable during Site Pl" Review e Applicabic during Building Permit Review Section 1.0 Natural Surveillance 1.1 Blind Corners +Conforms. Avoid blind corners in pathways and parking lots. —Revise NA CorrIments: Eff Pathways should be direct. All barriers along pathways should be permeable (see through) including landscaping, fencing etc. 2 Consider the installation of mirrors to allow users to see ahead of them and around comers. e Other strategy used: i 1.2 Site and Building Layout �Confarms Allow natural observation from the street to the use, from the Revise use to the street, and between uses NA Comments: Bulletin ##022 — January 1, 2011 Page 1 of 9 k:\-iandouts\CPTED Checklist Section and I f I Functional Area Performance Performance Standard Standard Strategy ■ ?Ipplicahie during Sur elan Review A Applicahic during 13uiiding Permit Review ❑ Orient the main entrance towards the street or both streets on For Non -Single comers. ■ Family Development ❑ 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. ■ ❑ Offset windows, doorways and balconies to allow for natural observation while protecting privacy. K ❑ 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. a ❑ 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 ❑ 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. le M Avoid hidden recesses. ■ 54 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: 11 Evaluation for Agency Use Only Bulletin #022 —January 1, 2011 Page 2 of 9 k_1Handouts\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 Rev�iew 1.3 Common/Open Space Areas and Public On -Site Open Conforms Space Revise Provide natural surveillance for connnon/open space areas. —NA Comments: Position active uses or habitable rooms with windows adjacent ❑ to main common/open space areas, e.g. playgrounds, swinuning pools, etc., and public on -site open space. ■ Design and locate dumpster enclosures in a manner which screens refuse containers but avoids providing opportunities to hide. M Locate waiting areas and external entries to elevators/stairwells ❑ close to areas of active uses to make them visible from the building entry. e ❑ Locate seating in areas of active uses_ e Other strategy used: ❑I 1.4 Entrances Provide entries that are clearly visible. Design entrances to allow users to see into them before entering. ■ Entrances should be clearly identified (Signs must conform to j FWRC 19.140.060. Exempt Signs. (Applicable during Certif care of Occttnanct= Inspection . Other strategy used: of Conforms —Revise ^NA Comments: 1.5 Fencing _.Conforms Fence design should maximize natural staveillance frpm the ._Revise street to the building and from the building to the street, 'and minimize opportunities for intruders to hide. Comments: Bulletin #022 — January 1, 2011 Page 3 of 9 k:\1-landouts\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. B If noise insulation is required, install double -glazing at the ❑ front of the building rather than solid fences higher than five feet. 8 Other strategy used: 1.6 Landscaping Avoid landscaping which obstructs natural surveillance and allows intruders to hide. 19 Trees with dense low growth foliage should be spaced or their crown should be raised to avoid a continuous barrier. R Use low groundcover, shrubs a minimum of 24 inches in height, or high -canopied trees (clean trinuned to a height of eight feet) around children's play areas, parking areas, and along pedestrian pathways. ■ Avoid vegetation that conceals the building entrance from the street. ■ Other strategy used: 11 Conforms Revise �NA Continents: 1.7 Exterior Lighting Conforms — Provide exterior lighting that enhances natural surveillance. Revise (Refer to FA RC 19.115.050(7)(a) for specific lighting __NA requirements.) Comments: Prepare a lighting plan in accordance with Illuminating Engineering 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. ■ e Bulletin 4022 — January 1, 2011 Page 4 of 9 k:\Handouts\CPTED Checklist Section and I V I functional :area Performance Performance Standard Standard Strategy ■ 1kpplicabk during Silr Plan Revieu• B Applicable during Building Permit RBi iew 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. ■ 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, ensure that it is vandal - resistant. e XEnsure inset -or modulated spaces on a building facade, access/egress routes, and signage is well lit. e 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 Amature form, as well as any other element that may have the potential for blocking light. e Avoid 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. ■ Avoid climbing opportunities by locating light standards and electrical equipment a►vay 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 ■❑ 1.8 Other strategy used: Mix of Uses In mixed use buildings increase opportunities for natural surveillance, while protecting privacy. Evaluation for Agency- Use Only Conforms Revise �AiA Con unems: Bulletin #022 — January 1, 2011 Page 5 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 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. 0 ❑ Include food kiosks, restaurants, etc. within parks and parking structures. i Other strategy: used 1.9 Security Bars, Shutters, and Doors Conforms When used and permitted by building andfire codes, security — Revise bats, shutters, and doors should allow observation of the street NA and be consistent with the architectural style of the building- Comments: ❑ Security bars and security doors should be visually permeable (see -through). e Other strategy used: JJ I e Section and ✓ Functional Area Evaluation for Performance Performance Standard Agency Use Only i Standard j Strategy I ■ 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 hying to find __NA the building. Identification signs must conform to FWRC Comments: 19.140.060. Exempt Signs. r Street numbers should be plainly visible and legible from the !� street or road fronting the property. e Bulletin #022 — January I, 2011 Page 6 of 9 k:\Ilandouts\CPTED Checklist Section and ✓ Functional Area Performance Performance Standard Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review In residential uses. each individual unit should be clearly numbered. In multiple building complexes, each building entry ❑ should clearly state the unit numbers accessed from than entry. In addition, unit numbers should be provided on each level or floor. e Street numbers should be made of durable materials, preferably reflective or lunvnous, 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 Other strategy used: El Evaluation for Agency Use Only 2.2 Entrances Conforms Avoid confusion in locating building entrances. — Revise NA i Comments: Entrances should be easily recognizable through design [$ features and directional signage. (Signs must conform to FWRC 19.140.060. Exempt Signs. ■ Minimize the number of envy points. 1 Other strategy used: El _ Conforms 2.3 Landscaping Use vegetation as barriers to defer unauthorized access. Revise _NA Comments: ❑ Consider using thorny plants as an effective barrier. E) Other strategy used: I 2.4 Landscaping Location —Conforms Avoid placement of vegetation that would enable access to a yRevise building or to neighboring buildings. _NA f Comments: r! Bulletin #022 - January 1, 2011 Page 7 of 9 k:\Handouts\CPTED Checklist Section and Functional Area Performance Performance Standard Standard Strategy a Applicable during Site Plan Review B 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. 1 Other strategy used: ❑1 Evaluation for Agency Use Only 2.5 Security Conforms Reduce opportunities for unauthorized access _—Revise _NA Comments: Consider the use of security hardware and/or human measures ❑ to reduce opportunities for unauthorized access. (Applicable during Certi tcate of ❑cerr rurc Zits eetion). Other strategy used: 2.6 Signage Conforms Insure that signage is clearly visible, easy to read and simple _Revise to understand [Signs must conform to F611RC 19.140.060. NA Exempt Signs]. Comments: ❑ Use strong colors, standard symbols, and simple graphics for informational signs. e Upon entering the parking area, provide both pedestrians and For Surface 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—January 1, 2011 Page 8 of k:\Handouts\CPTED Checklist Section and ✓ Functional Area Performance Performance Standard Standard Strategy ■ Applicable during Site Plan Review e Applicable during Building Permit Review ❑ Where exits are closed after hours, ensure this information is indicated at the parking area entrance. e Other strategy used: ' Section 3.0 Ownership 3.1 Maintenance Create a "cared for" image Ensure that landscaping is well maintained, as per FWRC 19.125.090, in order to give an impression of ownership, care, and security. (Ongoing). Where possible, design multi -unit residential uses such that no ❑ more than six to eight units share a common building entrance. ■ Other strategy used: © ` Evaluation for Agency Use Only Conforms _Revise yNA Comments: 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 ❑ 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 FWRC 19.125.040(21) regarding the use of vegetative screens. e Common area and/or street furniture shall be made of long ❑ wearing vandal resistant materials and secured by sturdy anchor points, or removed after hours. e Other strategy used: Bulletin #022 — January 1, 2011 Page 9 of 9 k:\Handouts\CPTED Checklist CITY OF FEDERAL WAY COMMiJNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: April 11, 2017 TO: Cole Elliott, Development Services Manager Peter Lawrence, Plans Examiner Rick Perez, City Traffic Engineer Brian Asbury, Lakehaven Water & Sewer District Chris Cahan, South King Fire & Rescue Lindsey Sperry, Public Safety Officer Rob Van Orsow, Solid Waste/Recycling Coordinator FROM: Leila Willoughby -Oakes, Plannette FOR DRC MTG. ON: May 4, 2017- Internal Completeness/ Tech. Review FILE NUMBER(s): 17-101596-00-UP RELATED FILE NOS.: None PROJECT NAME: Pacific Dental & Retail Building PROJECT ADDRESS: 1XX SW Campus Drive; Parcel: 415920�5 "Pad B" ZONING DISTRICT: BC - Winco Concominant Agreemek, ,y PROJECT DESCRIPTION: Proposed single story �� s` with two tenant spaces and a drive through(dentist office/ commercial retail building) on Pad B. Associated site work. PERMITS: Use Process II; Commercial Building Permit PROJECT CONTACT: Paul Grundhoffer Weaver Architects 1411 4tn Ave . , Ste. 810 Seattle, WA 98101 Email: Paulq@weaverarch.com MATERIALS SUBMITTED: Application Plan -Set Aerial Photo/ S-T-R Map Submittal Checklist Title Report TIR Pre-app Summary CPTED Checklist Hazardous Materials Inventory (Lakehaven, DS, Fire) Water/Sewer Certificates of Availability 32-ft Ac UL24W AM � 0 UMCL. XNAR MIN .i 2-*m Ac Rir� a7".4ri ... . ............ - - - - - - - - - - - - - - - - - - - - - - - - - -- ............... . ..... ......... ...... T—Lf 14 LOI A le, 12 LINT— 4 ;Ft - - - 1300- Rem - - - - - - - - - - - - ................ AL Lm - - - - - - V441013 ............ - - ---------- - -Tr{dma ILW I-wr &C & 3m K2 in dd AC 3ormocat .......... Ind LOI El r -------- I -e. Sy 5je ....... qz�? I I 1w Ma. 3-Im !!c CMLII� 3F� U.30 &C Wax= L2LMm a r, ri N, Emmtm �jm M 9 28 Plum. 4)4- a" m Mll SL -fi n — Wj ............. COMMERCIAL SERVICES Fidelity National Tale 600 University St., Suite 2424 Insurance Company Seattle, WA 98101 Phone: 206-262-6291 Email: marc.wise@fnf.com 5' OFOR TrrU INSLRANM EIVE® Issued by APR 0 7 20V Fidelity National Title of Washington, Inc., QTY OF FEDERAL WAY as agent for Fidelity National Title Insurance Compan)DWMUNRTY DEVELOPMENT Fidelity National Title of Washington, Inc., as agent for Fidelity National Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Fidelity National Title Insurance Company, through its agent, Fidelity National Title of Washington, Inc., has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Ag— M174'se, Commercial Title Officer erry Wise, Chi f Commercial Title Officer Authorized Signature 9y D riandy QUW PresldW truest f fly F�xhaelGrTiee. Senelary 27C 101 {6 06 j ALTA Commitment — 2406 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AME RICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE ASSOCIATION Title Association. Fidelity National Title of Washington, Inc. SCHEDULE A Name and Address of Title Insurance Company: Fidelity National Title of Washington, Inc. 600 University St., Suite 2424 Seattle, WA 98101 Title Officer: Marc Wise Escrow No.: 20373652-416-416 Effective Date: February 6, 2017 at 8:00 A.M. 2. Policy or Policies to be issued: ALTA 2006 Extended Owner's Policy General Schedule Rate Proposed Insured: Federal Way Covenant Group LLC, a Nevada limited liabiliy company and EP Federal Way LLC, a Nevada limited liability company Amount: $2,514,827.00 Premium: $2,832.00 Tax: $ 271.87 Total: $3,103.87 Extended Surcharge: Premium: $1,416.00 Tax: $135.94 Total: $1,551.94 ALTA 2006 Extended Loan Policy - Simultaneous Issue Proposed Insured: Stearns Bank, National Association Amount: $1,861,873.00 Premium: $ 750.00 Tax: $ 72.00 Total: $ 822.00 The estate or interest in the land described or referred to in this Commitment is: A FEE, as to Parcel A, and AN EASEMENT, as to Parcels B, C and D 4. Title to the estate or interest in the land is at the Effective Date vested in: Winco Holdings, Inc., an Idaho corporation 5. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. 27C101A (6/06) 1 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. ASWCIATION File No.: 20373652-416-416 EXHIBIT A LEGAL DESCRIPTION PARCEL A: LOT B OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 13-104768-00-SU, AS RECORDED UNDER RECORDING NO.20131224900009, RECORDS OF KING COUNTY AUDITOR; PARCEL B: NON-EXCLUSIVE EASEMENTS AS GRANTED PURSUANT TO THE DECLARATION OF EASEMENT RECORDED UNDER RECORDING NO.9208180718, IN THE RECORDS OF KING COUNTY, WASHINGTON; PARCEL C: NON-EXCLUSIVE EASEMENTS AS GRANTED PURSUANT TO THE DECLARATION OF EASEMENTS AND CONDITIONS RECORDED ON APRIL 24, 2000, UNDER RECORDING NO.20000424000088, AS AMENDED BY THE RELEASE OF DECLARATION OF EASEMENTS AND CONDITIONS RECORDED ON FEBRUARY 19, 2009, UNDER RECORDING NO.20090219001768, BOTH IN THE RECORDS OF KING COUNTY, WASHINGTON; PARCEL D: NON-EXCLUSIVE EASEMENTS AS GRANTED PURSUANT TO DECLARATION OF EASEMENTS AND COVENANTS RECORDED ON MAY 10, 2000, UNDER RECORDING NO.20000510000678, AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND CONDITIONS RECORDED ON NOVEMBER 29, 2000, UNDER RECORDING NO.20001129000245, BOTH IN THE RECORDS OF KING COUNTY, WASHINGTON SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON. 27C 101 A (6/06) 2 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AME RICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE ASSOCIATION Title Association. File No.: 20373652-416-416 SCHEDULE B - SECTION I REQUIREMENTS INSTRUMENTS NECESSARY TO CREATE THE ESTATE OR INTEREST MUST BE PROPERLY EXECUTED, DELIVERED AND DULY FILED FOR THE RECORD. 2. PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. SCHEDULE B OF THIS 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, OR CLAIMING POSSESSION, NOT SHOWN BY THE PUBLIC RECORDS. B. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. C. EASEMENTS, PRESCRIPTIVE RIGHTS, RIGHTS -OF -WAY, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. D. ANY LIEN, OR RIGHT TO A LIEN, FOR CONTRIBUTIONS TO EMPLOYEE BENEFIT FUNDS, OR FOR THE STATE WORKERS' COMPENSATION, OR FOR SERVICES, LABOR, OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, ALL AS IMPOSED BY LAW, AND NOT SHOWN BY THE PUBLIC RECORDS. E. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT YET PAYABLE OR WHICH ARE SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. F. ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL NOT SHOWN BY THE PUBLIC RECORDS. G. UNPATENTED MINING CLAIMS, AND ALL RIGHTS RELATING THERETO. H. RESERVATIONS AND EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. I. INDIAN TRIBAL CODES OR REGULATION, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENT OR EQUITABLE SERVITUDES. J. WATER RIGHTS, CLAIMS OR TITLE TO WATER. K. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS, OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. END OF SCHEDULE B - SECTION I 27C 101 BI (6/06) 3 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA � AM ICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land AN DTIT E Title Association. ASSOCIATION i File No.: 20373652-416-416 SCHEDULE B - SECTION II EXCEPTIONS 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: REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% FOR ALL TRANSACTIONS RECORDED ON OR AFTER JULY 1, 2005: • A FEE OF $10.00 WILL BE CHARGED ON ALL EXEMPT TRANSACTIONS; • A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE; 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1 ST HALF PAID; 2ND HALF PAID) TAX ACCOUNT NO.: 415920 0715 YEAR BILLED PAID BALANCE 2016 $6,267.56 $6,267.56 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE: 1205 ASSESSED VALUE LAND: $403,100.00 ASSESSED VALUE IMPROVEMENTS: $0.00 TAXES FOR THE YEAR 2017 ARE NOT YET AVAILABLE OR DUE, BUT ARE PAYABLE FEBRUARY 15, 2017. 3. LIABILITY FOR SEWER TREATMENT CAPACITY CHARGES, IF ANY, AFFECTING CERTAIN AREAS OF KING, PIERCE AND SNOHOMISH COUNTIES. SAID CHARGES COULD APPLY TO PROPERTY CONNECTING TO THE METROPOLITAN SEWERAGE FACILITIES OR RECONNECTING OR CHANGING ITS USE AND/OR STRUCTURE AFTER FEBRUARY 1, 1990. PLEASE CONTACT THE KING COUNTY WASTEWATER TREATMENT DIVISION, CAPACITY CHARGE PROGRAM, FOR FURTHER INFORMATION AT 206-296-1450 OR FAX NO. 206-263-6823 OR EMAIL AT CAPCHARGEESCROW KINGCOUNTY.GOV * A MAP SHOWING SEWER SERVICE AREA BOUNDARIES AND INCORPORATED AREAS CAN BE FOUND AT: HTTP-./IYOUR.KINGCOLNTY.GOVIFTP/GIS/WEBNMCIUTILITIES/SERVARFA CITIES.PDF UNRECORDED SEWER CAPACITY CHARGES ARE NOT A LIEN ON TITLE TO THE LAND. NOTE: THIS EXCEPTION WILL NOT APPEAR IN THE POLICY TO BE ISSUED. 27C101BII (6/06) 4 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN E MO members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE •fSUO-IUN Title Association. File No.: 20373652416416 SCHEDULE B — Section II (Continued) 4. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE -DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: FEDERAL WAY WATER AND SEWER RECORDED: MAY 12, 1989 RECORDING NO.: 8905120210 SAID NOTICE SUPERSEDED NOTICE RECORDED UNDER AUDITOR'S FILE NO. 8106010916 5. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7402270419. 6. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 8501170665. 7, INTENTIONALLY DELETED. 8. INTENTIONALLY DELETED. 9. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 07, 1989 RECORDING NO.: 8907070527 REGARDING: PROVIDING FOR DOMESTIC WATER SUPPLY AND SEWER SERVICE AND AMENDMENT THERETO: RECORDED: DECEMBER 18, 1989 RECORDING NO.: 8912180338 10. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 26, 1991 RECORDING NO.: 9103260634 REGARDING: CONCOMITANT ZONING AGREEMENT 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: STORM WATER DRAINAGE FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 9208180718 27C 101 BII (6/06) 5 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERIAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. ASSOCIATION File No.: 20373652-416-416 SCHEDULE B — Section II (Continued) 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: SANITARY SEWER LINE AND STORM DETENTION EASEMENT AREA AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 9602130591 AND AMENDMENT THERETO: RECORDED: JULY 15, 1999 RECORDING NO.: 19990715001476 13. TERMS AND CONDITIONS OF "LICENSE TO ENTER PROPERTY" IMPOSED BY INSTRUMENT RECORDED ON APRIL 09, 1999, UNDER RECORDING NO. 9904091415. 14. DECLARATION OF COVENANT IMPOSED BY INSTRUMENT RECORDED ON RUNE 09, 1999, UNDER RECORDING NO. 9906090758. 15, TERMS AND CONDITIONS OF "LICENSE TO ENTER PROPERTY" IMPOSED BY INSTRUMENT RECORDED ON AUGUST 11, 1999, UNDER RECORDING NO. 19990811001952. 16. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DECEMBER 22, 1999 RECORDING NO.: 19991222001602 REGARDING: PROVIDING SANITARY SEWER AND WATER DISTRIBUTION SERVICE AND AMENDMENTS THERETO: RECORDED: MAY 23, 2000 AND APRIL 11, 2001 RECORDING NOS.: 20000523001110 & 20010411001544 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 10, 2000 RECORDING NO.: 20000410000311 27C 101BII (6106) 6 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AME RICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE ASSOCIATION Title Association. File No.: 20373652416-416 SCHEDULE B — Section H (Continued) 18. DECLARATION OF EASEMENTS AND CONDITIONS IMPOSED BY INSTRUMENT RECORDED ON APRIL 24, 2000, UNDER RECORDING NO. 20000424000088 AND AMENDMENT THERETO: RECORDED: FEBRUARY 19, 2009 RECORDING NO.: 20090219001768 AND AMENDMENT THERETO: RECORDED: NOVEMBER 29, 2000 RECORDING NO.: 20001129000245 20001129000245 WAS RE -RECORDED JANUARY 10, 2017 UNDER RECORDING NUMBER 20170110000377 TO CORRECT THE REFERENCE IN THE DOCUMENT BEING AMENDED. 19, EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON MAY 10, 2000, UNDER RECORDING NO. 20000510000678. 20. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN UTILITY DISTRICT PURPOSE: SEWER FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 20, 2000 RECORDING NO.: 20000920001481 21. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN UTILITY DISTRICT PURPOSE: WATER FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 20, 2000 RECORDING NO.: 20000920001482 22, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION PURPOSE: TELECOMMUNICATION FACILITIES, ELECTRICAL FACILITIES AND GAS FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 12, 2000 RECORDING NO.: 20001012001095 27C101BII (6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA � AM RICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land AND TITLE Title Association. ASSOCIATION File No.: 20373652-416-416 SCHEDULE B — Section II (Continued) 23. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE CITY OF FEDERAL WAY PURPOSE: SURFACE WATER DRAINAGE FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 09, 2000 RECORDING NO.: 20001109000600 24. TERMS AND CONDITIONS OF COVENANT AND AGREEMENT TO MAINTAIN TRAFFIC SIGNAL FACILITIES IMPOSED BY INSTRUMENT RECORDED ON NOVEMBER 09, 2000, UNDER RECORDING NO. 20001109000601. 25. ALL COVENANTS, CONDITIONS, RESTRICTIONS, 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, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BINDING SITE PLAN RECORDED UNDER RECORDING NO.20001120900005. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 26. COVENANTS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON NOVEMBER 29, 2000, UNDER RECORDING NO. 20001129000246. 27. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DECEMBER 27, 2000 RECORDING NO.: 20001227002809 REGARDING: PROVIDING SERVICE FOR A WATER DISTRIBUTION SYSTEM AND AMENDMENT THERETO: RECORDED: MAY 04, 2001 RECORDING NO.: 20010504000615 28. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE CITY OF FEDERAL WAY PURPOSE: RIGHT OF ENTRY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 19, 2009 RECORDING NO.: 20090219001770 27C101BII(6/0 ) 9 ALTA Commitment —2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AME RICA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE ASSOCIATION Title Association. File No.: 20373652-416-416 SCHEDULE B — Section II (Continued) 29. ALL COVENANTS, CONDITIONS, RESTRICTIONS, 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, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 20131224900009. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 30. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 31. MATTERS RELATING TO THE QUESTIONS OF RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIEN RIGHTS FOR LABOR AND MATERIAL, IF ANY, THE DISPOSITION OF WHICH WILL BE FURNISHED BY SUPPLEMENTAL REPORT. END OF SCHEDULE B — SECTION II 27C101BlI (6/06) 9 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA � members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land AMERICAN LAND TITLE Title Association. ASSOCIATION File No.: 20373652-416416 NOTES NOTE 1: EVIDENCE AND AUTHORITY OF THE OFFICERS OF WINCO HOLDINGS, INC., AN IDAHO CORPORATION, TO EXECUTE THE FORTHCOMING INSTRUMENT SHOULD BE SUBMITTED. NOTE 2: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, THE PROPOSED INSURED IS FEDERAL WAY COVENANT GROUP LLC, A NEVADA LIMITED LIABILIY COMPANY AND EP FEDERAL WAY LLC, A NEVADA LIMITED LIABILITY COMPANY. WE FIND NO PERTINENT MATTERS OF RECORD AGAINST THE NAME(S) OF SAID PARTY(IES). NOTE 3: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: COMMERCIAL/INDUSTRIAL STRUCTURE(S) KNOWN AS: 160 SW CAMPUS DR FEDERAL WAY, WA 98023 NOTE 4: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT 11 FIDELITY NATIONAL TITLE OF WASHINGTON, INC." MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 5: THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. NOTE 6: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT B CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 13-104768-00-SU REC NO.20131224900009 NOTE 7: IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. NOTE 8: THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITTING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. NOTE 9: PRIOR TO CLOSING PLEASE CONTACT YOUR TITLE OFFICER FOR CURRENT COURIER AND/OR ACCOMMODATION FEES WHICH MAY BE CHARGED FOR RECORDING RUNS. 27C 101 Notes (6/06) 10 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AME+ members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. ASSOCIATION It He No.: 20373652-416-416 NOTES (Continued) END OF NOTES 27C 101 Notes (6/06) 11 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LANT`;� Title Association. &MbCIA*Iex CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>. 27C101 (6/06) 12 ALTA Commitment —2006 ~Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AME RICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE "IMCM 9H Title Association. FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us How Information is Collected. We may collect with certain personal information, like your contact personal information directly from you from information, social security number (SSN), driver's applications, forms, or communications we receive license, other government ID numbers, and/or from you, or from other sources on your behalf, in financial information. We may also receive connection with our provision of products or services information from your Internet browser, computer to you. We may also collect browsing information and/or mobile device. from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Use of Your Information. We may use your Security Of Your Information. We utilize a information to provide products and services to you combination of security technologies, procedures and (or someone on your behalf), to improve our products safeguards to help protect your information from and services, and to communicate with you about our unauthorized access, use and/or disclosure. We products and services. We do not give or sell your communicate to our employees about the need to personal information to parties outside of FNF for protect personal information. their use to market their products or services to you. Choices With Your Information. Your decision to When We Share Information. We may disclose your submit personal information is entirely up to you. You information to third parties providing you products can opt -out of certain disclosures or use of your and services on our behalf, law enforcement agencies information or choose to not provide any personal or governmental authorities, as required by law, and to information to us. parties with whom you authorize us to share your information. Information From Children. We do not knowingly Privacy Outside the Website. We are not responsible collect information from children under the age of 13, for the privacy practices of third parties, even if our and our websites are not intended to attract children. website links to those parties' websites. Access and Correction. If you desire to see the Do Not Track Disclosures. We do not recognize "do information collected about you and/or correct any not track" requests from Internet browsers and similar inaccuracies, please contact us in the manner specified devices. in this Privacy Notice. The California Online Privacy Protection Act. International Use. By providing us with your Certain FNF websites collect information on behalf of information, you consent to the transfer, processing mortgage loan servicers. The mortgage loan servicer is and storage of such information outside your country responsible for taking action or making changes to any of residence, as well as the fact that we will handle consumer information submitted through those such information consistent with this Privacy Notice. websites. Your Consent To This Privacy Notice. By Contact FNF. If you have questions or wish to submitting information to us and using our websites, contact us regarding this Privacy Notice, please use you are accepting and agreeing to the terms of this the contact information provided at the end of this Privacy Notice. Privacy Notice. FNF Privacy Notice Effective: April 1, 2016 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Information (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the "Website"), as well as any information collected offline (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. Types of Information Collected We may collect two types of information: Personal Information and Browsing Information. Personal Information. The types of personal information FNF collects may include, but are not limited to: contact information (e.g., name, address, phone number, email address); social security number (SSN), driver's license, and other government ID numbers; and financial account or loan information. Browsing Information. The types of browsing information FNF collects may include, but are not limited to: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language; • browser type; • domain name system requests; • browsing history; • number of clicks; • hypertext transfer protocol headers; and • application client and server banners. Row Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative, whether electronic or paper; • communications to us from you or others; • information about your transactions with, or services performed by, us, our affiliates or others; and • information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. We may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log, collect and record certain Browsing Information about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user. • Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you, or to one or more third party service providers who are performing services on your behalf or in connection with a transaction involving you; • To improve our products and services; and • To communicate with you and to inform you about FNF's products and services. When We Share Information We may share your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: • to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or material misrepresentation or nondisclosure; • to third -party contractors or service providers who provide services or perform other functions on our behalf; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • to other parties authorized to receive the information in connection with services provided to you or a transaction involving you. We may disclose Personal Information and/or Browsing Information when required by law or in the good -faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We make efforts to ensure third party contractors and service providers who provide services or perform functions on our behalf protect your information. We limit use of your information to the purposes for which the information was provided. We do not give or sell your information to third parties for their own direct marketing use. We reserve the right to transfer your Personal Information, Browsing Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF Privacy Notice Effective: April 1, 2016 FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above -described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under certain circumstances ("opt out"). You may opt out of receiving communications from us about our products and/or services. Security And Retention Of Information FNF is committed to protecting the information you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessary for business and/or legal purposes. Information From Children The Website is meant for adults. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users Because FNF's headquarters is located in the United States, we may transfer your Personal Information and/or Browsing Information to the United States. By using our website and providing us with your Personal Information and/or Browsing Information, you understand and consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer, including: • first and last name; • property address; • user name and password; • loan number; • social security number - masked upon entry; • email address; • security questions and answers; and • 1P address. The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taldng action or maldng changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, contact your mortgage loan servicer. Access and Correction To access your Personal Information in the possession of FNF and correct any inaccuracies, please contact us by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. Contact FNF Please send questions and/or comments related to this Privacy Notice by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright © 2016. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF APRIL 1, 2016 FNF Privacy Notice Effective: April 1, 2016 20170222000605.001 Recording requested by r s 1702 000G05 and when recorded return to. aacE-90J S; evoaWO 75.00 012/22/2017 14^13 Federal Wdy Covenant Group LLC KING COUNTY, ua 17000 Red Hill Avenue Irvine, California 92614 Attention: Real E2849657 Estate DePartment 02/22/2017 12.12 kING sA� COUNTY, 11A a17368.00 S n"000.00 RAGE-081 OF 001 Document Title: Special Warranty Deed Grantor; WINCO HOLDINGS, INC. an Idaho corporation Grantee: FEDERAL WAY COVENANT CROUP LLC, a Nevada limited liability company, and EP FEDERAL WAY LLC, a Nevada limited liability company, collectively, as tenants in Common Legal Description: Lot B Of that certain Boundary Line Adjustment recorded on December 24, 2013 In Volume 305, Page 78, as Instrument No. 2013122490000g in the Official Records of King County, Washington Assessor's property 415920-0715 Tax Parcel Account Number(s): •�`ot ' Febnovy ? 20:1 Recorded at the request of FIDELITY NApONALT[TL.E MAJOR ACCOUNTS Order# Zv3�3LsZ �Jl�s 201702220, SPECIAL WARRANTY DEED Ten THE GRANTORt5), Mrico Holdings, Inc., an Idaho corporation, Parand insells,sandation conveys to Dollars t$10.oaj and other valuable consideration, in hand paid, bargains,n astQan undivided Federal Way coven LLC, a Nevada limited liability company, LLC, a Nevada thirty-two percent (32%) tenant in common interest, and ht Federal 68010] tenant in limited liability company, as to to undivided sixty- th percent common interest, collectively, as tenants in carnrnon, the fallowing described real estate, situated in the County of King, State of Washington: LEGAL DESCRIPTION" Lot B of that certain Boundary Line {adjustment retarded on December 24, 2013 in volume 305, Page 78, as Instrument No. 2013t2Z4900009 in the afflaai Records of King CountY, Washington. rd including those shown on any recorded plat ar Subject To. This conveyance is subject to covenants, conditions, restrictions and easements, anY• affecting title, which may appear in the public ec survey. �S►gnatum on the following pageI • 20170222000605.003 WINCO HOLDINGS, INC., an Idaho corporation Name. Its: e- ;=6 STATE OF IDAHO ) COUNTY OF Ada ss. On this 14�i day of rua 1.20 7, before me, the undersigned notary public for said r Wersonally appeared [J known to me to be the the Foregoing instrument, and acknoa edged HOLDINGS, me that Nthat he executed ththe Person e same on behalf gybed to corporation. of said IN WITNESS WHEREOF, I have hereunto set and year in this certificate first above written. j 4 C. DEGUZMANARY PUBLICE OF IDAHO 2 official seal the day 7Rrclrea C. Deguiman NOTARY PUBLIC in and fo a 'of Residing at Boise, ID My commission expires May 16, 2019 A'A CITY OF Federal Way DATE: 5/11/17 TO: Leila Willoughby -Oakes FROM: Ann Dower 0 SUB]ECT: PACIFIC DENTAL BUILDING - (17-101596-00-UP) 1XX SW CAMPUS DR; Development Services Review MEMORANDUM Public Works Department The information submitted on April 7, 2017 has been reviewed. The following additions and revisions must be made prior to land use approval: 1. A current level one downstream analysis must be provided. Section 1.2.3 of the 2016 King County Surface Water Design Manual (KCSWDM) outlines when flow control is required. In Conservation Flow Control areas, runoff from new impervious area, replaced impervious area, and new pervious area must be mitigated to current standards. With proper analysis the existing detention system may be credited toward that goal, but the existing system by itself does not meet current requirements. The TIR and plans must be revised accordingly. 3. Core requirement #9 Flow Control BMP's applies to this site. Catch basins, pipe, and Filterra systems are not considered BMP's. Please see section 1.2.9 of the KCSWDM for requirements and options. The TIR and plans must be revised accordingly. Large lot requirements apply to the disturbed (new and replaced) area. I. H. CITY OF Oderal Way DEPARTMENT OF COMMUNITY DEVELOPAIENI SFRVICES 33325 $sh Avenue s4:F1h RECEIVE[] Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 APR 0 7 2017 LVWw.C1DffeilCt'711��',lx,ccny CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT HAZARDOUS MATERIALS INVENTORY STATEMENT CRITICAL AQUIFER RECHARGE AND WELLHEAD PROTECTION AREAS WHY SHOULD THIS INVENTORY STATEMENT BE FILLED OUT? Critical Aquifer Recharge (CARAs) and Wellhead Protection Areas ( "critical areas" pursuant to Federal Way Revised Code e (FWCC), Title "Environmental Policy." This inventory statement must be filled out by the applicant or agent for any proposed activity listed in Section II of this handout, and which are located within Wellhead Capture Zones 1, 5, and 10 as shown on the Critical Aquifer Recharge and Wellhead Protection Areas Maps. Please refer to the handout on Crltical,Qquffer Re�halge and Wellhead Protection Areas for a description of the review process. ACTIVITIES GOVERNED BY CARA AND WHPA REGULATIONS The inventory statement must be filled out for the following activities: ■ Construction of any residential structure, including single-family development • Construction of any barn or other agricultural structure ■ Construction of any office, school, commercial, recreational, service, or storage building • Construction of a parking lot of any size • Other minor new construction (see WAC 197-11-800[2]) ■ Additions or modifications to or replacement of any building or facility (does not include tenant improvements) • Demolition of any structure • Any landfill or excavation • Installation of underground tanks • Any division of land, including short plats • Change of use, which involves repair, remodeling, and maintenance activities • Dredging • Reconstruction/maintenance of groins and similar shoreline protection structures • Replacement of utility cables that must be buried under the surface of the bedlands • Repair/rebuilding of major dams, dikes, and reservoirs • Installation or construction of any utility, except for on -going operation and maintenance activities of public wells by public water providers • Personal wireless service facilities Project Name Federal Way Applicant — Project LocatioN inco shop center-160 SW Campus WiackingNo. III. TYPES AND QUANTITIES OF HAZARDOUS MATERIALS Please provide the approximate quantity of the types of hazardous materials or deleterious substances that will be stored, handled, treated, used, produced, recycled, or disposed of in connection with the proposed activity. If no hazardous materials will be involved, please proceed to Section IV. MATERIAL (1) Acid or basic solutions or solids (2) Antifreeze or coolants (3) Bleaches, peroxides, detergents, surfactants, disinfectants, bactericides, algaecides (4) Brake, transmission, hydraulic fluids (5) Brine solutions (6) Corrosion or rust prevention solutions (7) Cutting fluids (9) Deicing materials (9) Dry cleaning or cleaning solvents (10) Electroplating or metal finishing solutions (11) Engraving or etching solutions (12) Explosives (13) Fertilizers (14) Food or animal processing wastes (15) Formaldehyde (16) Fuels, additives, oils, greases (17) Glues, adhesives, or resins (18) Inks, printing, or photocopying chemicals (19) Laboratory chemicals, reagents or standards (20) Medical, hospital, pharmaceutical, dental, or veterina fluids or wastes (21) Metals (hazardous e.g. arsenic, copper, chromium lead, mercu , silver, etr.} (22) Paints, pigments, dyes, stains, varnish, sealers. (23) Pesticides, herbicides or poisons (24) Plastic resins, plasticizers, or catalysts (25) Photo development chemicals (26) Radioactive sources (27) Refrigerants, cooling water (contact) (28) Sludges, still bottoms (29) Solvents, thinners, paint removers or strippers (30) Tanning (leather) chemicals (3 1) Transformer, capacitor oils/fluids, PCB's (32) Waste oil (33) Wood preservatives (34) List OTHER hazardous materials or deleterious substances on a se araheet• lions) I SOLID 30-44 gallons 5 gallon amalgam Bulletin ##056 — January 1, 2011 Page 2 of 3 kAHandoulAllazardous Materials Inventory Statement Project Name Federal Way Applicant Project Location Winco shop center-160 5W Campus fracking No. IV. FURTHER INFORMATION Provide the approximate quantity of fill and source of fill to be imported to the site. Annroximate Ouantitv of Imported Fill ; Source of Fill 490 cy local source- strucutral Check box #1 if you do not plan to store, handle, treat, use, produce, recycle, or dispose of any of the types and quantities of hazardous material or deleterious substance listed in Section M. Check box(s) #2 through #5 (and fill in appropriate blanks) of the below table if they apply to your facility or activity. #1 [x] The proposed development will not store, handle, treat, use, produce, recycle, or dispose of any of the types and quantities of hazardous materials or deleterious substances listed above. #2 [ ] Above ground storage tanks, having a capacity of gallons will be installed. #3 [ ] Construction vehicles will be refueled on site. Storage within wholesale and retail facilities of hazardous materials, or other deleterious #4 [ ] substances, will be for sale in original containers with a capacity of _ gallons liquid or _pounds solid. The presence of chemical substances on this parcel is/will be for "temporary" non -routine F#5 [ ] maintenance or repair of the facility (such as paints and paint thinners) and are in individual containers with a capacity of _ gallons liquid or mounds solid. Check any of the following items that currently exist or are proposed in connection with the development of the site. #1 [x] Stormwater infiltration system (e.g., french drain, dry well, stormwater swale, etc.) #2 [ ] Hydraulic lifts or elevator, chemical systems, or other machinery that uses hazardous materials #3 [ ] Cathodic protection wells #4 [ ] Water wells, monitoring wells, resource protection wells, piezometers #5 [ ] Leak detection devices, training for employees for use of hazardous materials, self-contained machinery, etc. SIGNATURE -f c 3-28-17 r Signature Date Julie A Margetich Print Name Ifyou have any questions about_fillin{= out this application form, please call the Department of Community Development Services at 253-835-2607. Please be advised that an application for a development permit lacking the required information will not be accepted. Bulletin #056 — January 1, 2011 Page 3 of 3 k:lHandouts\Hazardous Materials Inventory Statement COPMONWALT eL MAS it ee PAG t 04 ti O�tl961121 ONG CDUNTY, UA Return Address Larry E Prince, Esq Holland & Hart LLP PO Box 2527 Boise, ID 83702 rr■■a■■■era■.rear■■■rrrrr.warr Raar■raa■■rear ■r ear aearrrrraar■■aa r.r.a� Document Title(s) (or transactions coma rein) 1 First Amendment to Declaration ofrents and Condition�TMD i11r 2 3 REF: (4�lC1(6f�!91}� -,�CI f,� 4■ra■■■rrr■■■■rr■■.ra..■r■■ararrrarrr■■■■■rrrrra�■�i�7�i`'■r�iirrar■■■l Reference Numbof Documents 20DO051500678 rarw■arrwaawrrr,raarwrrar■■aaaaararaarrrarrwrwar■raara:aararw■raa■aaaar Grantors) N 1 Winco Foods, Inc, an Idaho corporation 0 2 c� 3 4 N Additional names on page of document ■raraaswraarr■raara■■aarra■rrrrw■aaarararrrr■rrrrrrrarrr�rrrrrrkrrrra■ a-- Grantees(s) N 3 RESUBMITTED 4 Additional names on page of document SEP 13 j] a■rr..rrr■■err■■arrarrraaa■■■:a■arwaar■■rrrraa.ra■r■rar■rrrarrr�iaaa Legal descn tion {abbreviated + e lot, block, plat or section, township, r Dr FEDERAL WAY Le g P aDgomi U10Y DEVELOPMENT Additional legal is on pages of document ■arra■wa■■rrrrrrr■ararrrraraarrrrrr■■�■■r■rarrrwwr■rr■rrarrarrrr■■■■r� Assessor's Property Tax Parcel/Account Humber Additional parcels are on page of document ■rrraar■■.rrrrr■■raraaaararrr■ar■■rarer■■a■■aaarraaaarraaara■■arrr.sas The Auditor/Recorder will rely on the information provided on the form The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein ■ar■rrry■rraarar■■ar■rarraarraarrrrrraarr■ararrr*aaarrrrara.rrar■■a■rl Washington State County Auditor/Recorder's Indexing Form (Cover Sheet) wml! t TAX NOT RU4 Ki cords airs u' , g` , gpQuty� Filed for Record at the Request of WmCo Foods, Inc P O Box 5756 Base, Idaho 93705 AFTER RECORDING MAIL TO Larry E Pnnce, Esq Holland & Hart LLP P O Box 2527 Boise, Idaho 93702 Space for Recorder's Use Federal Way, Washington_ FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND CONDITIONS THIS FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND CONDITIONS (the "Amendment') is made and entered into as of the Ze' day of June, 2000 by WINCO FOODS, INC., an Idaho corporation which was formerly known as Waremart, Inc ("WinCo") rr RECITALS o This Amendment is made with reference to the following facts and objectives c� Cn A WinCo has caused a Declaration of Easements and Conditions to be recorded in the real property records of King County, Washington on or about May 10, ' 2000, as document number 20000510000678 (the "DEC") c 4 ti B WinCo is the owner of the real property described in the DEC C WinCo desires to amend the DEC in the manner set forth in this Amendment AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows 1. Amendment to Section 3.3(e) Section 3 3(e) is hereby deleted in its entirety and replaced with the following (e) No building or other structure (exclusive of any light poles, free standing signs referred to in 5 3 or flag poles referred to in 5 3(a)) shall exceed the following size and height restrictions TRACT HEIGHT ALLOWABLE FLOOR AREA On the WinCo Tract 40 feet 85,000 square feet On Pad B 25 feet 3,200 square feet On Pad C 28 feet 4,100 square feet On Pad D 30 feet 11,500 square feet The height of any building shall be measured perpendicular from the finished floor elevation to the top of the roof structure, including any screening, parapet, penthouse, mechanical equipment or similar appurtenance located on the roof of such building PROVIDED, HOWEVER, the height of each building pad shall be subject to the prior written approval of the Approving Party Any Party shall have the right to install, maintain, repair, replace and remove Communica- tions Equipment on the top of the building on its Tract so long as it does not extend above the height limits established above, provided, however, such Communication Equipment shall be screened so that it is not visible by customers As used herein, the phrase "Communications Equipment" means such things as satellite and microwave dishes, antennas and laser heads, together with associated equipment and cable 2. Amendment to Section 4.2a Section 4 2(e) is hereby deleted in its entirety and replaced with the following Each owner of Pads B, C, and D shall, at its sole cost and expense, maintain, repair, and/or replace the Common Area on its Tract in accordance with the requirements of 4 2(a) above It is recognized and acknowledged that certain maintenance items within the Common Area of the entire Shopping Center benefit Pads B, C, and D, and cannot be practically segregated from or allocated to Pads B, C, and D These items are the maintenance, repair, and/or replacement of C-; the accesses to and the main driveways in the Shopping Center, the landscaping and irrigation of areas on the exterior boundary of the Shopping Center, the off -site landscaping and irrigation and the Common Utility Lines Each owner of Pads B, C, and D shall, in addition to maintaining, repairing, and/or replacing the Common Area on its Tract, pay the Operator, or if there is not an Operator, the Party which has or will be paying for same, the following (i) the annual amount of $ 75 per square foot of Floor Area located on the particular Tract payable in advance on the earlier of (A) the substantial completion of a building on the Tract, or (B) the opening of a business on the Tract and continuing each year on January 1 each year thereafter, and (n) the amounts payable as provided in 4 2(a)(vi) for maintaining, cleaning, replacing, and repairing any and all Common Utility Lines The annual payment set forth in (e)(i) above shall be adjusted each year to reflect increases in the Consumer Price Index in accordance with Exhibit I hereof Each owner of Pad B, C, and D agrees to defend, indemnify, and hold each other Party ("Indemnitee") from and against all claims, costs, losses, expenses, and liability (including reasonable attorney fees and costs of suit) arising from or directly or indirectly relating to the maintenance, use or operation of the Common Areas located on its Tract, except for claims caused by the negligence or willful act or omission of such Indemnitees 3. Restatement of DEC The DEC, as modified by this Amendment shall remain m full and effect according to its terms IN WITNESS WHEREOF, WinCo has caused this DEC to be executed effective as of the day and year first above written WINCO FOODS, INC, an Idaho corporation r By ARY R PIVA, Chief Financial Officer STATE OF IDAHO, ) ss County of Ada ) On this .2k day of June, 2000, before me, a Notary Public, personally appeared GARY R PIVA, known to me to be the Chief Financial Officer of WINCO FOODS, INC , an Idaho corporation, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said corporation IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written c-) K N U.V '� %* k �.,*Goad Y D +••••+•+ T; 0*,••'` 2675599 1 DOC ���►+i���taait• Notary Pik6lie Residing at�� My Commission expires 44 * I 20090219001768.001 AFTER RECORDING RETURN TO: TAMMY A. ZOKAN WINCO FOODS 650 N ARMSTRONG PL. BOISE, IDAHO 83704 Nu TIT K OF 011 �s 15:04 NTY, WA Document type: RELEASE OF DECLARATION OF EASEMENTS AND CONDITIONS Reference numbers of related documents: rLp 0q-1,4ov ot)ls Additional reference numbers on page of document Grantor(s): FILED BY PNWT . 1, WINCO HOLDINGS, INC. ( 1 -� X'3 2, WB EQUITIES IV, LLC 3. 4. etc. additional names on page of document Trustee: Grantee(s): V) 1. CITY OF FEDERAL WAY 2. 3. 4. etc. additional names on page of document Legal description: Abbreviated form: PTN NE 1/4, SE 1/4, 19-21-04 Assessor's parcel number(s): 415920-0725, 415920-0720 RESUBMITTED (D SEP 13 2017 z Cfrr OF FE0C.;jA way I COMMLINffy DEVEfOPME'IT 2009021900176G.0b2 AFTER RECORDING MAIL TO: Tammy A. Zokan WinCo Foods 650 N. Armstrong Pl. Boise, Idaho 83704 RELEASE OF DECLARATION OF EASEMENTS AND CONDITIONS A. By virtue of that certain Declaration of Easements and Conditions recorded on April 24, 2000 as Instrument No. 20000424000088 in the real property records of King, County, Washington, by WinCo Foods, Inc., and as further amended by that certain First Amendment to Declaration of Easements and Conditions recorded on November 29, 2000 as Instrument No. 200001129000245 (collectively, the "Declaration"), certain restrictive covenants (the "Restrictive Covenants') were placed on certain real property located in King County, Washington, as further described on Exhibit A attached hereto (the "Shopping Center"), and specifically including that certain real property legally described on Exhibit B attached hereto (the "Declaration Area"). B. The Declaration Area is currently owned in part by WinCo Holdings, Inc., an Idaho corporation f/k/a WinCo Foods, Inc. ("WinCo"), and in part by WB Equities IV, LLC, a California limited liability company ("WB Equities"). C. The undersigned are all of the current owners of the property contained within the Shopping Center. Each of the undersigned warrants that it is the owner of the parcel described below the undersigned's signature. D. WinCo desires to convey to the City of Federal Way (the "City"), and the City desires to obtain from WinCo, a portion of the Declaration Area, for the purposes of expanding a public right of way located adjacent to the Declaration Area. E. WB Equities desires to convey to the City, and the City desires to obtain from WB Equities, the remainder of the Declaration Area, for the purposes of expanding a public right of way located adjacent to the Declaration Area. F. The City desires to have the Declaration Area released from the Restrictive Covenants. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned parties, being the owners of the Shopping Center, herby agree as follows: 1. Release of Restrictive Covenants. The Declaration Area is hereby released from the Restrictive Covenants, and the undersigned further declare that the Restrictive Covenants in the Declaration shall be null, void and of no further force or effect as to the Declaration Area. 2, Governing Law. It is agreed that this Release shall be governed by, construed and enforced in accordance with the laws of the State of Washington. 20090219001768.003 3. Recordation. This Release shall be recorded in the real property records of King County, Washington. [Remainder of page intentionally left blank. Signature blocks to follow.] 4429396_5.DOC 01'004 WINCO FOODS, LLC, By: Na e: Gary R. Piva Its: CFO [Owner of Parcel 41 STATE OF IDAHO ) ) ss. COUNTY OF AD A ) rs6mat� On this day of 3arrxy�, 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary R. Piva, to me personally known or proven to me to be the person described in and who executed the foregoing instrument, who, being by me first duly sworn, stated that he is the CFO of WinCo Foods, LLC and that he executed such instrument on behalf of said company by authority of its members and/or managers, and said person acknowledged to me that he executed such instrument as the act and deed of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last alcove written. Notary Public: Printed Name: My Commission Expires: 7-$ - [Signatures continue on following page.) 4 40TAI@p 0R01 �PU B LAG Q of - *1. . .; 4- —ZU0902't90017B8.V05 WB EQUITIES IV LLC [Owner of Parcel C] N",,"I STATE OF ) 1 ) ss. COUNTY OF ) On this day of J 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appearedto me personally known or proven to me to be the person described in and who executed the foregoing instrument, who, being by me first duly sworn, stated that he is theA-"�/', of WB EQUITIES IV LLC and that he executed such instrument on behalf of said company by authority of its members and/or managers, and said person acknowledged to me that he executed such instrument as the act and deed of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public: Printed Name: "1"P, .'Gl My Commission Expires: /a 5 ANDREW G. SPIROS NOTARY PUBLIC STATE OF NEW YORK NO.02SP4757794 - QUAUEED IN WESTCHESTER COUNTY Commission Expires 74}31-0l7- /0 EXHIBIT "A" LEGAL DESCRIPTION LOT A, LOT B, LOT C, and LOT D of Binding Site Plan No. BSP 97-0001 PORTION of TAX LOT No. 416920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land conveyed to Waremart, Inc., as described in deed recorded under King County Recording No, 9806240947, in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows: Commencing at the East Quarter corner of said Section 19; Thence, North 87058'0Y West 1166.05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly Right -of -Way line of S.W. Campus Drive as described in Deed to King County recorded under King County Recording 8501170665; Thence, along the Northerly line of said Waremart Parcel, South 8104600" East 666.94 feet, to the TRUE POINT OF BEGINNING of the herein -described parcel of land; THENCE, leaving said Northerly line, along the line common to proposed "Lot A" and proposed "Tract E" (Park Dedication Area) of City of Federal Way Binding Site Plan No. BSP 97-0001, the following courses: 1) South 31053'59" West 84.56 feet; 2) South 87005100" West 28.95 feet; 3) South 02055100" East 150.75 feet; 4) South 00000'00" West 161.25 feet; and, 5) South 8V59'48" West 17.82 feet, to a point on the proposed Easterly Right -of - Way line of S-W. Campus Drive; THENCE, along said Easterly Right -of -Way line, the following courses: 1) Southeasterly 139.38 feet, along the arc of a 660.00-foot radius curve, concave Southwesterly and having a radial bearing of South 71016'37" West, through a central angle of 12005'58"; 2) South 06037'25" East 219.19 feet; 3) South 13126'56" East 88.35 feet; 4) South 06037'25" East 88.40 feet; 5) Southeasterly 424.05 feet, along the arc of a 340.00-foot radius curve, concave Northeasterly, through a central angle of 71 °27'36"; 6) South 78005'01" East 107.80 feet; 7) South 88052'25" East 36.94 feet; and, 8) Northeasterly 39.26 feet, along the are of a 25.00-foot radius curve, concave Northwesterly, through a central angle of 89058'37"; THENCE, along the Westerly Right -of -Way line of 1st Avenue South as described in Deed recorded under King County Recording No- 7303070524, the following courses: 1) North 01 °08'58" East 526.51 feet; 2) Northerly 186.42 feet, along the arc of a 958.00-foot radius curve, concave Westerly, through a central angle of 11108'58"; 3) North 10000'00" West 115.01 feet; 4) Northerly 227.54 feet, along the arc of a 842.00-foot radius curve, concave Easterly, through a central angle of 15029'00"; 5) North 64°31'04" West 8.00 feet; and, 6) Northerly 110.67 feet, along the arc of a 850.00-foot radius curve, concave Easterly, through a central angle of 07027'35", to the Northeast comer of said Waremart Parcel; THENCE, along the Northerly line of said Waremart Parcel, Southwesterly 44.67 feet, along the arc of a 30.00-foot radius curve, concave Northwesterly and having a radial bearing of North 771103'25" West, through an central angle of 85018'25°; THENCE, North 81045'00" West 385.70 feet, to the True Point of Beginning. The above -described parcel of land contains approximately 12.0191 Acres, more or less. End of Description Prepared by: Barghausen Consulting Engineers, Inc. a� z d an 200902190017613.CO8 ExHmit, S LEGAL DESCRIPTION OF THE DECLARATION AREA BIGHT -OF -WAY ' 1 ' DESCRIPTION FOR PARCEL 415920.0725 . THAT PORTION OF LOT D, FEDERAL WAY SINDIN6.8ITE PLAN k0- 8SP 97-0001, RECORDED UNDER RECORDING NO. 2000112090000$, BEING A POR71ON OF THE NORTHEAST. QUARTER. OF TH= $OUTHE~ ST OUAR T E.Fi OF SECTION 19, TOtiI.WNSHIP 21 NOR T H, RANGiw 4 ITAST, t7ESJC IMDED AS FOLl OWS. COI►I MSNCING.AT THE FAST QUAR TER CORNM OF SAID SECTION 12, . THENCE ALONG THE EASST LINE OFTHE SOUTHEAST QUARTZ S 'OF SAID SECTION 19, SOUTH 01 0005" WEST 1249.64 FEET, TO A POINT ON THE 011-11 'ERLINE or 1"1AVENUE SOUTH, (SAID POINT BEING NORTH 01-09'15" EAST fWO'FEET FROM THE INTERSECTION OF 1 AVENUE SOUTH AND SOLR'HWEST CAMPUS DRIVE); . : . THENCE NORTH 118050'45" WEST 42.00 F1"E'I', Tiw7 THE WESTERLY FIGHT -OF -WAY LINE OF !$T "ENUE SOUTH; THENCE ALONG SAID WESTERLY FIIGHT-OF-`NAY LINE, PARALLEL.WiTH AND 42.OD FEET WESTERLY FROM THE GENTERLINE OF: 1"' AVENUE SOUTH, NORTH 0190915' EAST,150.16, FEET, TO THE 9OUTI-IEAST C:OR145F1 Or SAID LOT D, BEING THE TRUE POihT OF BEGINNING; - THENC;E NORTH 01 'ALONG THE EAST WNE OF SAID LOT D, 126.70 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 14°39VO' WEST, 52.14 FEET; THE NC:E SOUTH €11 °09`15" WEST, 95:60 FEET TO THE s6UTl•I.LINF OF SAID LOVD; THENCE -SOUTH I3905768" EAST, ALONQ SAID SC]LrrIl LIME, 7.50 FEET TO THE POINT OF BEGINNING. CONTAINING $34 SQUARE FEET, MORE OR LESS, THE ABOVE DMOF3113ED PARCEL ALSO BEING.A PART OFTHE FOLLOWING.- CC7IV1f+hENCING AT THE EAST QUARTER CONNER.OF SAID SECr3 I0%� 19; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ❑UARTErR OF SAID SECTION 1% SOUTH 01 °08'58" WEST 1249,64 FEET, TO A POINT ON THE GENTF3LINE OF 1 "1 AVENUE SOUTH; ($All? PC iNT. BEING NORTH Dti°00'S0" EAST 68 50 FEEt FROM THE INTERS1=CTION OF 1 AVENUE SOUTH AND -SOUTHWEST OAMPOSDRIVE'. THENCE NORTH 88952'25" W5ST 42.00 FEET, TO'THE WESTERLY HIGHT-OF-WAY LINE OF 18T AVENUE SOUTH, .THENCE ALONG.&AID WESTERLY FiJOKT-OF WAY LINE, PAAALLEL WITH AND 42.00 fiMT WESTERLY FROM THE GEIiTr=RLJNE OF 1"r AVENUE 'SOUTH.1409TH 01'08'5V .EAS''T,150.16 . FEET, TO THE•':. SOUTHEAST CORNER OF $AID.. LOT D, BEING THE TRVE POINT OF 13EGUNNING; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, SOI.ITj'l 90°00.100" WEST, 88.15 FEET;. THENCE NORTH 00.OVOT EAST, 2512 FEET: THENCE SOLIiH 901,00140" 1N EST, 136.00 FM7; THENCE NORTH 00°0U`OV V VEST,117.15 FEET; THENCE NORTH 90°00'00° EAST. WOO FEET, - T44ENCE NORTH 00'00'00" WEST, 92.53 FEET, a► 20090219001768.009 Cont;EXHiBIT A . THENCE NORl'M 90°00'00" EAST,189.88 MET TO THE WF-STERLY R16HT-OF WAY LINE dF ! ar AVENUE SOUTH; . THENCE SOUTH 01 °08'58" WEST. 235.43 FEET, TO THE TRUE PAINT OF BEGINNING. -4- PARCEL: 41-5920-0725 2009021.ii001 76'&.'Ul 0 RIGHT -Or -WAY. DESCRIPTION FOR PARCEL :41592D 0120 HAT PORTION OF LOT 0 FEDEM WAY MMOING SITE K&NNO. 138P 97.000i, FIECOFMED UNfjF_fl RECORDING NU. 20001i26900005,RECORDS OF KING COONTY, WASHINGTON, 139INGA'POSTION OF THE NORTHFA,9T QUARTER orTHE SOUTHEAST QUAKfER OF E. Q? TOWNSHIP 21 NORTH, RAWGIF ST, YV.M,, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST OUARTER CORNEIR OF• SAID SECTION. 19, THENCE ALONG THE EAST'UNE OF THE SOUTHEAST OUARTEA OF SAID SECTIONA-9. SOUTH 01 11091151 WEST 1249.64 FEET, TO.A POINT ON THE CENTERLINE) ,OF vlT AVENUE SOUTH, SAID POINT BEING NORTH 01 9094 W rzAex 68.50-FIEF-T FROM THE INTERSECTiON:OF 1"A%JENUE SOUTH AND SOUTHWEST CAMPUS DRIVE; THENCE NORTH 86'62'OW WEST 42.00 FEET, TO THE W:ESTERLY FtIWT-OF-WAY UNE'OF 14T -AVENUE SOUTH, BEING -THE TRUE POINT OF. BEGINNING; THENCE ALONG sAm WESTERLY FltGHT-QF-WAY ONE, PARALLEL VVITH AND 42.00 FETFr -AVENUE WSTERLY FROM THE'CENTERLINE OF. -1"' SOUTH. NOPITH01*09'11WEAST,16D.161 FEET6 . TO THE NORTHEAST CORNER OF SAID L01'. THENCE LEAVING.$AID WESTERLY mcm-OF-wAy,6NE, ALONG THE NORTH LINE OF SAID LOT C., NORTH e9757'5a'VVEST, 7.50-FEET; THENQEsom ovovs, wr-ST, 139.4$ FrzEr, Tq-LNCfE SOUTH 46612'33NEST, ,11.97 FEAT; THENCE SOUTH 00.00-OW WF.St, 20.00 FEET TO THE soqrfi LINE.OF SAID LOT C AND -THE N RIG OR, -HRRLY 14T-OF-WAY LINE OF SW CAMPUS DRIVE;' THENCE ALOW"THE SOUTH LINE OF SiMD LOT C. SWrm 88-52'68"EA$T,.4.74 FEET TO A TANGENT CURVE, CONCAVE TO TIDE NORTHWEST, SAID CURVE HAVIF40 A RADIUS OF 25.00 FEET', THENCE ALONG $AID CUFiVE..THROUOH AbENTAA� ANGLE OF 811%8737% A DISTANCE OF 39.26 FEETTO THE POINT OF BEGMING. CONTAININ.G.1,883 SQUARE FE-T, MORE OR LESS, THE A.BVIE DESCRIBE 0 PARCEL ALSO -BEING XPART-OF THE FOLLOWING: COMMPN('3NCI AT THE EAST OUARTER CORNER OF SAID SECTION 19., THENCE ALONG THE EAST LINE OF THE SOUTHEAST CUARTER OF SAID SEOTION 19- SOUTH 01`0ErW'WF,5T 1249.64 FRET, TO A POINT ON THE CtNTFRUNC OF l�AVENUE SOUTH, (SAID POINT BEING NORTH 01!W'SW EAS788.59 FEET FROM THE INTERSECTION OF ll� AVENUE -SOUTH AND SOUTHWEST CAMP US D - WEST 42,DD ftET. THENCEV'ALY A IGHT-PF-WAY LINE OF I NORTH 88*52'2V' TO THE WEST AVENUE SOUTT-I, BEING THE TRUE POINT OF B8GINNIft; THE WE ALONG SAID WESTERLY RIGHT-�F-WAY LINE,. PARALLEL WITH AND 42-00 FEET WESTERLY FROM THE CENTERLINE- OF 1 AVENUE SOUTH, NOFITH 01 .;.AST, I-50.16 PEET, TO THE N6RTHEAST CORNER OF SAID LOT 0, THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, ALONG THE NORTH LINE OF SAID LOT C THE FOLLOWING COURSES: THEWCES6UrH9G-00'WWE8TXi5 IFEET; TI DE NORTH 00600'00 EAST, 25-72 F5FT; Lm -(continued on:ftext page) THENCE 40U' i 9De0 '44" W t5T, 909.14 kIETy:T(j TEiE NOF[THWI;ST OORNER 4F LOT. Ci THENCE SOUTH 514-41,28' WE;+','89.-46 FOE1', TO•THIw NORTHEASTERLY RIGHT-Qi+MAY LINE OF SOUTHWEST CAMPUS Dl�IV�: ' T14ENG'E ALONG SAID 14ORTHEASTI RLY RIGHT=OF WAY LLNE TO z F-OLLCWING COURSES, R ~_ TI-fENCE SOUTHEAS'i'EFtLY, 238.63 FEE ,',AI.Omo.'rHC- ARC OF-A'340.00 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLYANR,HAVING A RADIAL SEARINd-OF NORTH 51 °41 W' EAST, THROUGH A CENTRAL ANGLE OF 39"4(%Z ;. THE►+)CE SOtJT4 78*WOI' F-A$T, i(37i8O FEET; -• . THENCE SOUTH 88162'25° EAST, $8.94 FEET; THENCE NORTHEASTERLY 39,28•FEFi', ALONG•l"I-IE Afj0'QF A 26.60 FOOT RADIUS CURVE, CONCAVE NOR'fi- WESTERLY, 1141OUGH A GENTSAL ANGLE OF 09*68'37', TO. THE TRUE POINT OF BEGINNING. RETURN ADDRESS Bradley J. Wiskirchen, Esq Holland & Hart LLP P 0 Box 2527 Boise, ID 83701-2527 Please print neatly or type infomtauon Document Title(s) Declaration of Easements and Conditions Reference Numbers(s) of related documents 9806240947 Grantor(S) (Last, First and Middle initial) WINCO FOODS, INC., an Idaho corporation Grantee(s) (Last, First and Middle Initial) None R6SUSMI r7��rD SFp 13 2011 WLWA Y N61� Addwonal Reference #'s on page _ Additional grantors on page Addiuonal grantees on page _ Legal Description (abbreviated form r e lot, block, plat or section, township, range, quarter/quarter) Lot A, Lot B, Lot C, and Lot D of Binding Szte Flan No. B.SP 97-0Q01 4F tlon of Tax Lot o. 159 ❑710 35 AddiAorial lc al is an page bit „AIr- Assessor's Property Tax Parcel/Account Number 415920-0710 (portion) _ Addiuonal parcel #'s on page _ The AudntorMmorder will rely on the mformahon provided on this form The staff will not read the document to verify the accuracy or completeness of the indexing information provided herem kJ t.er z z a 111111i a Alter Recording Return To Larry E Prince, Esq Bradley J Wiskirchen, Esq Go Holland & Hart LLP 00 P 0 Box 2527 C Boise ID 83701-2527 a 0 This S ace Reserved for Recording Purposes N FEDERAL WAY, W ASHINGTON CD G7' DECLARATION OF EASEMENTS AND CONDITIONS b O THIS DECLARATION OF EASEMENTS AND CONDITIONS ("DEC") is made as of the 1 Oh 0 day of April, 2000 by WINCO FOODS, INC ("WinCo") RECITALS This DEC is made with reference to the following facts and objectives A WinCo is the owner of a certain tract of land in the City of Federal Way, County of King, State of Washington more particularly described in Exhibit A attached hereto (the "Shopping Center") B The Shopping Center consists of four (4) contiguous parcels identified on the Site Plan attached hereto as Exhibit X (the "Site Plan") C WinCo intends for the Shopping Center to be developed as an integrated retail shopping complex, and not as a planned development In order to effectuate the common use and operation of certain portions of the Shopping Center, WinCo hereby grants certain reciprocal easements into, over and across certain portions of the Shopping Center and imposes certain conditions and restrictions thereon NOW, THEREFORE, in consideration of the premises and the easements, conditions and restriction hereinafter set forth, WinCo hereby makes this DEC 1 DEFINITIONS 1 l Adjacent Party "Adjacent Party" shall have the meaning set forth in 2 3(b) 1 2 Administration Fee "Administration Fee" shall have the meaning set forth in 4 2(b) 1 3 Approving_ Party, "Approving Party" shall mean the Party designated from time to time to make certain decisions and/or give certain approvals pursuant to the terms of this DEC There shall be one Approving Party which shall be the owner of the WinCo Tract The Approving Party shall, unless otherwise provided herein, have absolute and unreviewable discretion to make the decisions and/or give the approvals expressly designated in this DEC to be made and/or given by the Approving Party WinCo shall be the initial Approving Party 14 Budget "Budget" shall have the meaning set forth in 4 2(c) 1 5 Building Area "Building Area" shall mean the limited areas of the Shopping Center within which buildings (which for the purpose of this DEC shall include any appurtenant canopies, supports, loading docks, truck ramps and other outward extensions) may be constructed, placed or 00 located, Building Areas are designated on the Site Plan by the allowable building area lines shown thereon 16 Business Office "Business Office" shall have the meaning set forth 5 1(c)(i) O O 1 7 Center Signs "Center Signs" shall have the meaning set forth in 5 3(a)(i) O �1 1 8 Common Area "Common Area" shall mean all areas within the exterior boundaries of the Shopping Center, exclusive of buildings 1 9 Comm Area Maintenance Costs "Common Area Maintenance Costs" shall have the 0 meaning set forth in 4 2(b) O 1 10 Communications E ui meet "Communications Equipment" shall have the meaning set O forth in 3 3(e) L1tT 1 11 Constant Dollars "Constant Dollars" means the present value of the dollars to which such phrase refers An adjustment shall occur on January 1 of the sixth calendar year following the date of this DEC, and thereafter at five (5) year intervals Constant Dollars shall be determined by multiplying the dollar amount to be adjusted by a fraction, the numerator of which is the Current Index Number and the denominator of which is the Base Index Number The 'Base Index Number" shall be the level of the Index for the month during which the DEC is dated, the "Current Index Number" shall be the level of the Index for the month of September of the year preceding the adjustment year, the "Index" shall be the Consumer Price Index, All Urban Consumers, for the greater Seattle, Washington, metropolitan area, published by the United States Department of Commerce (base year 1992-84=100), or any successor index thereto as hereinafter provided If publication of the Index is discontinued, or if the basis of calculating the Index is materially changed, then the Approving Party shall substitute for the Index comparable statistics as computed by an agency of the United States Government or, if none, by a substantial and responsible periodical or publication of recognized authority most closely approximating the result which would have been achieved by the Index 1 12 Constructin Part "Constructing Party" shall have the meaning set forth in 2 3(b) 1 13 DEC `DEC" shall have the meaning set forth in the introductory paragraph above 1 14 Deficiencies "Deficiencies" shall have the meaning set forth in 4 2(f) 1 15 Environmental Laws "Environmental Laws" means all present and future federal, state or local statute, ordinance, regulation, rule, guideline, decision or order governing the generation, storage, release, discharge, transportation, removal, remediation, reduction or disposal of hazardous or toxic materials such as, without limitation, the Resource Conservation and Recovery Act (RCRA, 42 U S C § 6901, et sea ), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA, 42 U S C § 9601, et sea ) as amended, the Toxic Substance Control Act (TSCA, 15 U S C § 2601, et sea ), the Emergency Planning and Community Right -to -Know Act of 1986 (EPCRTKA, 42 U S C § 11001, et se ) the Clean Water Act (33 U S C § 1251, et se ), the Clean Air Act (42 U S C § 7401, et se4 ), the Pollution Prevention Act of 1990 (42 U S C § 13101, et sea ), the Hazardous Materials Transportation Act (49 U S C § 1801, et sea ), or any similar laws of the State of Washington, County of King, or the City of Federal Way regulating environmental pollutants or underground storage tanks, and any and all amendments, supplements, modifications and replacements thereof DECLARATION OF EASEMENTS AND CONDITIONS - 2 1 16 Fast Food Restaurant "Fast Food Restaurant." shall have the meaning set forth in 5 1(c)(ti) 1 17 Financial Retail Office "Financial Retail Office" shall have the meaning set forth in 00 S 1 O O 1 18 Floor Area "Floor Area" shall mean the actual number of square feet of space Q contained on each floor within a building, including any mezzanine or basement space, as measured p from the exterior faces of the exterior walls or store front and/or the center line of any common walls, provided, however, that the following areas shall not be included in such calculations office space GQ within retail establishments used by the Occupant for administrative purposes of that location and which is not open or accessible to the general public, space attributable to any multi -deck, platform or structural levels used for the storage of merchandise which is located vertically above ground floor, truck ramps, loading and delivery areas and trash compactor facilities located outside the building O though attached to it Within thirty (30) days of a request, a Party shall certify to the requesting Party O the amount of Floor Area applicable to each building on its Tract It any Party causes an as -built survey to be prepared with respect to any portion of the Shopping Center, such Party shall furnish a copy of the { survey to the other Parties for informational purposes only During any period of rebuilding, repairing, replacement or reconstruction of a building, the Floor Area of that building shall be deemed to be the same as existed immediately prior to that period Upon completion of such rebuilding, repairing, replacement or reconstruction, the Party upon whose Tract such building is located, shall cause a new determination of Floor Area for such building to be made in the manner described above, and such determination shall be sent to any Party requesting the same 1 19 Hazardous Materials "Hazardous Materials" means wastes, substances, mixtures, pollutants, contaminants or other materials which are defined or classified by any Environmental Law as hazardous, toxic or radioactive, including, whether or not so detined, petroleum and natural gas products, polychlorinated biphenyls, radioactive materials, urea formaldehyde foam insulation and asbestos -containing materials 1 20 Initial Work "Initial Work" shall have the meaning set forth in 3 4(a) 121 Occupant "Occupant" shall mean any Person from time to time entitled to the use and occupancy of any portion of a building in the Shopping Center under an ownership right or any lease, sublease, license, concession, or other similar agreement 122 Operator "Operator" means the Person designated from time to time by the Approving Party to maintain and operate the Common Area of the Shopping Center The Person designated as O' Operator shall serve in such capacity until it resigns or is removed by the Approving Party 123 0 f-rator Maintenance Areas "Operator Maintenance Areas" shall have the meaning set forth in 4 2(b) 1 24 Outdoor Sales Area "Outdoor Sales Area" shall mean the limited areas of the Shopping Center within which goods may be sold outside a building, the Outdoor Sales Area is designated on the Site Plan 1 25 Party "Party" shall mean each signatory hereto and, after compliance with the notice requirements set forth below, their respective successors and assigns who become owners of any portion of the Shopping Center Each Party shall be liable for the performance of all covenants, obligations and undertakings herein set forth with respect to the portion of the Shopping Center owned by it which DECLARATION OF EASEMENTS AND CONDITIONS - 3 accrue during the period of such ownership, and such liability shall continue with respect to any portion transferred until the notice of transfer set forth below is given, at which time the transferring Party's liability for unaccrued obligations shall terminate A Party transferring all or any portion of its interest in the Shopping Center shall give notice to all other Parties of such transfer and shall inc,iude therein at QD least the following information 00 O (a) the name and address of the new Party, (b) a copy of the legal description of the portion of the Shopping Center transferred, and O O (c) if the transferee is the designated Approving Party d� (� It a Tract is owned by more than one Person, the Person or Persons holding at least fifty-one percent (51%) of the ownership interest in the Tract shall designate one of their number to represent all p owners of the Tract and such designated Person shall be deemed the Party for such Tract Until the p notice of transfer is given, the transferring Party shall (for the purpose of this DEC only) be the 0 transferee's agent D Nothing contained herein to the contrary shall affect the existence, priority, validity or ce enforceability of any lien permitted hereunder which is placed upon the transferred portion of the Shopping Center prior to receipt of the notice 126 Person "Person" shall mean any individual, partnership, firm, association, corporation, trust, or any other form of business or governmental entity 1 27 Permittee "Permittee" shall mean all Occupants and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants, and conces- sionaires of Occupants insofar as their activities relate to the intended development, use and occupancy of the Shopping Center Among others, Persons engaging in the following activities on the Common Area will not be considered to be Permittees (a) Exhibiting any placard, sign, or notice, (b) Distributing any circular, handbill, placard, or booklet, (c) Soliciting memberships or contributions, (d) Parading, picketing, or demonstrating, andfor (e) Failing to follow regulations relating to the use of the Shopping Center =' 1 28 Plans "Plans" shall have the meaning set forth in 3 3(b) 1 29 Remain=.Work "Remaining Work" shall have the meaning set forth in 3 4(a) L - 1 In Restaurant "Restaurant" shall mean any operation or business which requires a governmental permit, license and/or authorization to prepare and/or serve food for either on or off sites. consumption CL 1 31 Separate Utility Lines "Separate Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service solely to either the WinCo Tract or another Tract For the purpose of this DEC, the portion of a Utility Line extending between a Common Utility Line and a building shall be considered a Separate Utility Line DECLARATION OF EASEMENTS AND CONDITIONS - 4 1 32 Shopping_ Center "Shopping Center" shall have the meaning set forth in Recital A above 00 1 33 Site Plan "Site Plan" shall have the meaning set forth in Recital B above 1 34 Subsurface Construction Elements "Subsurface Construction Elements" shall have the 0 meaning set torth in 2 3(b) O O 1 35 Tract "Tract" shall mean that portion of the Shopping Center owned by a Party d� 136 Utility Lines "Utility Lines" shall mean those facilities and systems for the transmission of utility services, including drainage and storage of surface water "Common Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service to the Tracts 1 37 WinCo "WinCo" means WinCo Foods, Inc , an Idaho corporation O 1 38 WinCo Tract "WinCo Tract" means the tract on the Site Plan upon which the building identified as "WinCo Foods" is situated EASEMENTS 21 Ingress Egress and Parke During the term of this DEC each Party hereby grants and conveys to each other Party for its use and for the use of its Permittees, in common with others entitled to use the same, a non-exclusive easement for the passage and parking of vehicles over and across the parking and driveway areas of the grantor's Tract Common Area, as the same may from time to time be constructed and maintained for such use, and for the passage and accommodation of pedestrians over and across the parking, driveways and sidewalk areas of the grantor's Tract Common Area, as the same may from time to time be constructed and maintained for such use Such easement rights shall be subject to the following reservation, as well as other provisions contained in this DEC each Party reserves the right at any time and from time to time to exclude and restrain any Person who is not a Permittee trom using the Common Area on its Tract In addition to the toregoing, the Parties each hereby grant and convey to the other Parties (and their successors and assigns) for their use and for the use of their Permittees, in common with others entitled to use the same, a non-exclusive perpetual access easement over and across the following portions of the Shopping Center (i) the entrance into the Shopping Center from I" Avenue South, and continuing West along the North boundary line of the WinCo Tract, and continuing South along the West boundary of the Shopping Center until it intersects with the North entrance to the Shopping Center from Southwest Campus Drive, (ii) the North entrance into the Shopping Center from Southwest Campus Drive, and continuing East to the East boundary of the Shopping Center adjacent to Pad D, and continuing South along the East boundary of Pad D to the North boundary of Pad C, and continuing West along the North boundary of Pad C to the South entrance to the Shopping Center from Southwest Campus Drive, and (iii) the South entrance into the Shopping Center trom Southwest Campus Drive at the Northwest corner of Pad C, and continuing North along the East boundary of Pad B to the intersection with the North entrance to the Shopping Center from Southwest Campus Drive, all as depicted with hatch marks on the Site Plan 22 Utilities (a) Each Party hereby grants and conveys to each other Party non-exclusive perpetual easements in, to, over, under, along and across those portions of the Common Area (exclusive of any DECLARATION OF EASEMENTS AND CONDITIONS - 5 portion located within a Building Area) located on the grantor's Tract necessary for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation, and removal of Utility Lines W serving the grantee's Tract, including but not limited to, sanitary sewers, storm drains, water (fire and 00 domestic), gas, electrical, telephone and communication lines All Utility Lines shall be underground O except O O (1) ground mounted electrical transformers, (ii) as may be necessary during periods of construction, reconstruction, repair, or d� temporary service, a (III) as may be required by governmental agencies having jurisdiction, O p (iv) as may be required by the provider of such service, and O O (v) fire hydrants Prior to exercising the right granted herein, the grantee shall first provide the grantor with a written statement describing the need for such easement, shall identify the proposed location of the Utility Line, and shall furnish a certificate of insurance showing that its contractor has obtained the minimum insurance coverage required by 5 4(b) hereof Except as otherwise agreed to by the grantor and the grantee, any Party installing Separate Utility Lines pursuant to the provisions of this subparagraph shall pay all costs and expenses with respect thereto and shall cause all work in connection therewith (including general clean-up and proper surface and/or subsurface restoration) to be completed as quickly as possible, in a manner so as to minimize interference with the use of the Common Area and in a manner so as to not unreasonably interface with the use, occupancy or enjoyment of the grantor's Tract If the Parties elect to install Common Utility Lines, all repair, maintenance, replacement and other work thereon shall, if not performed by the utility company or the Operator, be performed by the owner of the Tract upon which the Common Utility Lines are located and paid for as provided in 4 2 (b) The initial location of any Utility Line shall be subject to the prior written approval of the Party whose Common Area is to be burdened thereby, such approval not to be unreasonably withheld or delayed The easement area shall be the greater of the width reasonably necessary to satisfy the requirements of a private or public utility, or five feet (5') on each side of the centerline if the easement is granted to a Party Upon request, the grantee shall provide to the grantor a copy of an as -built survey showing the location of such Utility Line The grantor shall have the right at any time to relocate a 0 Utility Line upon thirty (30) days' prior written notice, provided that such relocation (1) shall not interfere with or diminish the utility service to the grantee during the Nomm grantee's business hours and shall not unreasonably restrict any vehicular movement, Z (ii) shall not reduce or impair the usefulness or function of such Utility Line, M tt[� - (iii) shall be performed without cost or expense to grantee, (iv) shall be completed using materials and design standards which equal or exceed those originally used, and rrb- (v) shall have been approved by the provider of such service and the appropriate governmental or quasi -governmental agencies having jurisdiction thereover DECLARATION OF EASEMENTS AND CONDITIONS - 6 Documentation of the relocated easement area, including the furnishing to the grantee of an "as -built" survey, shall be provided at the grantor's expense and shall be accomplished as soon as qQ possible 00 C (c) Each Party hereby grants and conveys to each Party owning an adjacent Tract the O perpetual right and easement to discharge surface storm drainage and/or runoff from the grantee's Tract O over, upon and across the Common Area of the grantor's Tract, upon the following conditions and terms (i) The Common Area grades and the surface water drainage/retention system for d+ the Shopping Center shall be initially constructed in strict conformance with the details approved by the Approving Party, and �t Q (ii) No Party shall alter or permit to be altered the surface of the Common Area or 0 the drainage/retention system constructed on its Tract if such alteration would materially 0 increase the flow of surface water onto an adjacent Tract either in the aggregate or by directing C the flow of surface water to a limited area or materially decrease the purity or quality of surface N water flowing onto an adjacent Tract The surface water collection, retention and distribution facilities shall be deemed a Common Utility Line 2 3 Construction Maintenance and Reconstruction (a) In order to accommodate any building improvements which may inadvertently be constructed beyond a Tract's boundary line, each Party grants to each Party owning an adjacent Tract an easement in, to, over, under, and across that portion of the grantor's Tract adjacent to such common boundary line for the maintenance and replacement of such building improvements to a maximum lateral distance of six inches (6") (b) In the event a constructing Party (the "Constructing Party") determines that it is necessary to place underground piers, footings and/or foundations ("Subsurface Construction Elements") across the boundary line of its Tract, the Constructing Party shall advise the Party owning the adjacent Tract (the "Adjacent Party") of its construction requirement and shall provide plans and specifications relating thereto, including proposed construction techniques for the Subsurface Construction Elements The Adjacent Party hereby grants and conveys to the Constructing Party for the benefit of its Tract an easement, not to exceed a maximum lateral distance of five feet (5'), in, to, under, and across that portion of the Adjacent Party's Tract not theretofore occupied by any then existing structure, for the installation, maintenance and replacement of such Subsurface Construction Elements, provided, however, that the Constructing Party shall have no right to use such easement it the Adjacent Party is able to provide the Constructing Party a reasonable alternative construction method for the placement of the Subsurface Construction Elements entirely on the Constructing Party's Tract The Adjacent Party reserves the right to require the Constructing Party to modify the design specifications for the Subsurface Construction Elements in order to permit the Adjacent Party the opportunity to utilize the same in connection with the construction of its building improvements to the end that each Party shall be able to place its building immediately adjacent to the common boundary line If a common Subsurface Construction Element is used by the Parties, each shall assume and pay its reasonable share of the cost and expense of the design and construction thereof In the event any building utilizing a common Subsurface Construction Element is destroyed and not replaced or is removed, the common Subsurface Construction Element shall remain in place for the benefit of the other building utilizing the same DECLARATION OF EASEMENTS AND CONDITIONS - 7 (c) The foregoing easement grants shall not diminish or waive any right of a Party to recover damages resulting from the constructing Party's failure to construct its building within its Tract M in the case of (a) above, or within the easement area limits in the case of (b) above Nothing herein pq shall be deemed to create or establish a "common" or party" wall to be shared by buildings constructed p along the common boundary line between the Tracts The easements in each instance shall O O (1) continue in effect for term of this DEC and thereafter for so long as the budding G utilizing the easement area exists (including a reasonable period to permit reconstruction or replacement of such building if the same shall be destroyed, damaged, or demolished), and (11) include the reasonable right of access necessary to exercise and enjoy such grant upon terms and with the limitations described in 3 1(e) below O O 24 Restriction No Party other than the Approving Party shall grant any easement or O license for the purpose set forth in this Article for the benefit of any property not within the Shopping Q Center or for the benefit of any Person in connection with any activity not related to the Shopping Cj Center, provided, however, that the foregoing shall not prohibit the granting or dedicating of easements by a Party on its Tract to governmental or quasi -governmental authorities or to public utilities CONSTRUCTION 31 C3cneral_Rc[tu�i'em�nis (a) Each Party agrees that all construction activities performed by it within the Shopping Center shall be performed in compliance with all applicable laws, rules, regulations, orders, and ordi- nances of the city, county, state, and federal government, or any department or agency thereof (b) Each Party further agrees that its construction activities shall not (1) cause any unreasonable increase in the cost of constructing improvements upon another Party's Tract, (11) unreasonably interfere with construction work being performed on any other part of the Shopping Center, (in) unreasonably interfere with the use, occupancy or enjoyment of any part of the remainder of the Shopping Center by any other Party or its Permittees, or (iv) cause any building located on another Tract to be in violation of any law, rule, �w regulation, order or ordinance authorized by any city, county, state, federal government, or any > department or agency thereof (c) Each Party agrees to defend, indemnity and hold harmless each other Party from all claims, losses, liabilities, actions, proceedings and costs (including reasonable attorneys' fees and costs of suit), including liens, and any accident, injury or loss or damage whatsoever occurring to any Person or to the property of any Person arising out of or resulting from any construction activities performed or authorized by such indemnifying Party, provided however, that the foregoing shall not be applicable to events or circumstances caused by the negtlgence or willful act or omission of such indemnified Party, its licensees, concessionaires, agents, servants, employees, or anyone claiming by, through, or under any of them unless covered by the release set forth in 5 4(d) (d) In connection with any construction, reconstruction, repair or maintenance on its Tract, each Party reserves the right to create a temporary staging and/or storage area in the Common Area or in DECLARATION OF EASEMENTS AND CONDMONS - 8 the Building Area on its Tract at a location which will not unreasonably interfere with access between such Tract and the other areas of the Shopping Center Prior to the commencement of any work which ao requires the establishment of a staging and/or storage area on its Tract a Party shall give at least thirty 00 (30) days' prior notice to the Approving Party, for its approval, of the proposed location, provided, O however, that if a business is operating on the WinCo Tract then no other Party's staging area shall be located within five hundred (500) feet of the front door of the building on the WinCo Tract, unless O located within a Building Area If the Approving Party does not approve the proposed location of the O staging and/or storage area, the Party shall modify the proposed location to satisfy the reasonable requirements of the Approving Party If substantial work is to be performed, the constructing Party dt shall, at the request of any Approving Party, fence off the staging and storage area All storage of materials and the parking of construction vehicles, including vehicles of workers, shall occur only on the !� constructing Party's Tract, and all laborers, suppliers, contractors and others connected with such p construction activities shall use only the access points located upon the constructing Party's Tract O Upon completion of such work, the constructing Party shall restore the affected Common Area to a p condition equal to or better than that existing prior to commencement of such work v N (e) Each Party hereby grants and conveys to each other Party and to its respective contractors, materialmen and laborers a temporary license for access and passage over and across the Common Area of the grantor's Tract as shall be reasonably necessary for the grantee to construct and/or maintain improvements upon the grantee's Tract, provided, however, that such license shall be in effect only during periods when actual construction andlor maintenance is being performed and provided further that the use of such license shall not unreasonably interfere with the use, operation and enjoy- ment of the Common Area by others Prior to exercising the rights granted herein, the grantee shall first provide the grantor with a written statement describing the need for such license, and shall furnish a certificate of insurance showing that its contractor has obtained the minimum insurance coverage required by 5 4(b) Any Party availing itself of the temporary license shall promptly pay all costs and expenses associated with such work, shall diligently complete such work as quickly as possible, and shall promptly clean the area, and restore and/or repair the affected portion of the Common Area to a condition which is equal to or better than the condition which existed prior to the commencement of such work Notwithstanding the foregoing, in the event a dispute exists between the contractors, laborers, suppliers and/or others connected with construction activities, each Party shall have the right to prohibit the contractors, laborers, suppliers and/or others working for another Party from using the Common Area on its Tract 32 Common Area The Parties have agreed that the Common Area of the Shopping Center shall be initially constructed as shown on the Site Plan or as finally approved by the City of Federal Way, provided, however, no fence or other barrier which would prevent or unreasonably obstruct the s passage of pedestrian or vehicular travel within the Common Area shall be erected or permitted within or across the Common Area, exclusive of the limited curbing and other forms of traffic control depicted s on the Site Plan, or permitted staging and/or storage areas The following minimum general design standards shall be complied with throughout the term of this Agreement :r> . (a) The lighting system shall be designed to produce a minimum maintained lighting *: intensity measured at grade at all points in the Common Area of 2 0 foot candle, provided, however, that the extreme edge of the parking or drive areas may have not less than a minimum maintained lighting intensity measured at grade of 2 0 foot candle, and provided further that the drive areas immediately in front of the entrance to any building shall have not less than a minimum maintained lighting intensity measured at grade of 4 0 foot candles Subject to the provisions of 5 2, each Party may elect to control the lighting system located on its Tract The type and design of the Common Area light standards shall be approved by the Approving Party (b) The slope in the parking area shall not exceed a maximum of three percent (3%) nor be less than a minimum of one percent (1%) DECLARATION OF EASEMENTS AND CONDITIONS - 9 (c) All sidewalks and pedestrian aisles shall be concrete or other approved materials The automobile parking areas, drives, and access roads shall be designed in conformity with the 00 recommendations of a registered soils engineer approved by the Approving Party which shall require the 00 installation of a suitable base and the surfacing with an asphaltic concrete or concrete wearing material (d) Utility Lines that are placed underground shall be at depths designated by consultants approved by the Approving Party If surface water retention and/or detention areas are located outside of the general parking lots, such areas shall be fenced or otherwise secured to impede public access thereto d+ (e) The parking area on the WinCo Tract and on each separate Tract shall contain sufficient dt ground level parking spaces in order to comply with the following minimum requirements (1) the number of parking spaces and the configuration of the parking spaces for p each Tract shall be as shown on the Site Plan, unless modified by WinCo in its sole, absolute, and unreviewable discretion ce (ii) if a business use contains a drive -up unit (such as remote banking teller or food ordering/dispensing facility), then there shall also be created space for stacking not less than five (5) automobiles for each drive -up unit In the event of a condemnation of part of a Tract or sale or transfer in lieu thereof that reduces the number of usable parking spaces below that which is required herein, the Party whose Tract is so affected shall use its best efforts (including using proceeds from the condemnation award or settlement) to restore and/or substitute ground level parking spaces in order to comply with the parking requirements set forth in this DEC If such compliance is not possible, such Party shall not be deemed in default hereunder, but such Party shall not be permitted to expand the amount of Floor Area located upon its Tract unless authorized to do so in writing by WinCo in its sole, absolute, and unreviewable discretion If such Floor Area is thereafter reduced other than by casualty, then the Floor Area on such Tract may not subsequently be increased unless the parking requirement is satisfied or unless otherwise authorized to do so by WinCo in its sole, absolute, and unreviewable discretion (f) No Party shall make changes to the Common Area on its Tract without the approval of the Approving Party, except that each Party hereby reserves the right, from time to time without obtaining the consent or approval of any other Party, to make at its own expense any insignificant change, modification or alteration in its portion of the Common Area, including the installation of convenience facilities such as mailboxes, public telephones and benches, provided that (i) the accessibility of such Common Area for pedestrian and vehicular traffic (as it relates to the remainder of the Shopping Center) is not unreasonably restricted or hindered, and all parking stalls and rows and vehicular traffic lanes shall remain generally as shown on the Site Plan, (ii) there shall be maintained at all times within such Common Area, a sufficient number of vehicular parking spaces to meet the parking requirements set forth in 3 2(e), as well as all governmental rules, regulations, and/or ordinances relating to parking requirements, (iii) no governmental rule, ordinance or regulation shall be violated as a result of such action, and such action shall not result in any other Party being in violation of any governmental rule, ordinance or regulation, DECLARATION OF EASEMENTS AND CONDITIONS - 10 (iv) no change shall be made in the access points between the Common Area and the 00 public streets, provided, however, that additional access points may be created with the approval OD of the Approving Party, such approval not to be unreasonably withheld, and O O (v) at least thirty (30) days prior to making any such change, modification or O alteration, the Party desiring to do such work shall deliver to each other Party copies of the O plans therefor, and provided further that, except for the initial construction of the Common Area, such work shall not occur between October I" and the following January 3 1 " dt tQ The provisions of this paragraph (f) do not apply to any changes, modifications or alterations of Common Area located within Building Areas which result from or arise out of the construction, p expansion or maintenance of buildings O C Notwithstanding anything contained herein to the contrary, any change to the access points or O the major driveways from that which is shown on the Site Plan must be approved by each of the Parties M 3 3 Building Improyemcnts (a) While it is acknowledged and agreed that no Party shall have an obligation to commence construction of any building on its Tract, the Parties hereby agree once construction has been commenced, such building shall be completed in a timely fashion Each building on a Tract shall be located only within the Building Area designated on the Site Plan for such Tract The Building Area for each building shall not exceed the number of square feet designated in 3 3(e) for that building (b) The exterior of all buildings to be constructed or placed within the Shopping Center shall be architecturally and aesthetically compatible In order to insure the exterior architectural and aesthetic compatibility of the buildings within the Shopping Center, each party shall submit to the Approving Party detailed plans ("Plans") in the manner required by Exhibit H attached hereto covering the initial construction of each building and any additions, remodeling, reconstruction or other alteration thereto which changes the exterior thereof for approval at least thirty (30) days prior to the com- mencement of any such work If the Approving Party should reject the Plans for not complying with the architectural theme, the submitting Party and the Approving Party shall mutually consult to establish approved Plans for the proposed work The Approving Party shall not arbitrarily or unreasonably It withhold approval of the Plans, nor shall they withhold approval of exterior remodeling or exterior reconstruction which does not substantially change an existing structure In no event shall the Approving Party require any other Party to utilize design standards superior to those utilized by the 14, , Approving Party in the construction of buildings on its Tract Approval of Plans by the Approving Party ..�.� shall not constitute assumption of responsibility for the accuracy, sufficiency, or propriety thereof, nor ,t shall such approval constitute a representation or warranty that the Plans comply with applicable laws No material deviation shall be made from the approved Plans (c) Buildings may be placed along the common boundary lines between the WinCo Tract, Pad B, and/or Pad D, only upon the prior written consent of WinCo, in its sole, absolute, and i�j•� unreviewable discretion, and the owners of such Tracts agree to support any request by the other for a side -yard or setback variance it the same is required in order to accommodate such construction (d) The second Party to construct a building along a common boundary line shall do so in a manner that does not result in damage to the improvements in place on the adjoining Tract, and further shall undertake and assume at its sole cost the obligation of completing and maintaining the nominal attachment (flashing and seal) of its building to that of the existing building on the other Tract, it being the intent of the Parties to establish and maintain the appearance of one continuous building complex In performing such attachment, the wall of one building shall not receive support from not apply pressure to the wall of the other building DECLARATION OF EASEMENTS AND CONDITIONS - 11 (e) No building or other structure (exclusive of any light poles, free standing signs referred to in 5 3 or flag poles referred to in 5 3(a)) shall exceed the following size and height restrictions 00 00 TRACT HEIGHT ALLOWAI3I.1= FLOOR AREA On the WinCo Tract 40 feet 85,000 square feet On Pad B 25 feet 3,200 square feet O On Pad C 25 feet 4,100 square feet O On Pad D 30 feet 11,000 square feet CM The height of any building shall be measured perpendicular from the finished floor elevation to I the top of the roof structure, including any screening, parapet, penthouse, mechanical equipment or 0 similar appurtenance located on the roof of such building PROVIDED, HOWEVER, the height of each 0 building pad shall be subject to the prior written approval of the Approving Party Any Party shall have the right to install, maintain, repair, replace and remove Communications Equipment on the top of the CD building on its Tract so long as it does not extend above the height limits established above, provided, CR however, such Communication Equipment shall be screened so that it is not visible by Lustomers As used herein, the phrase "Communications Equipment" means such things as satellite and microwave dishes, antennas and laser heads, together with associated equipment and cable (f) No building or other structure on Pads B, C or D shall exceed one (1) story 34 Phased Development (a) WinCo anticipates that certain site improvement work (the "Initial Work") will be performed on all or certain portions of the WinCo Tract and Pads B through D All site improvement work for or on the balance of the Shopping Center not included in the Initial Work (the "Remaining Work") shall be performed in accordance with and subject to the terms and conditions applicable thereto set forth elsewhere in this DEC and in accordance with this 3 4 All of the Remaining Work applicable to any Tract shall be completed prior to the earlier of (i) initial occupancy of any building on such Tract in question, or (it) issuance of any certificate of occupancy for any such building Nothing in this DEC shall obligate any party to commence any Remaining Work, but once Lommenced, all of the Remaining Work for the Tract in question shall be prosecuted continuously and with all due diligence to completion The Remaining Work shall be performed (if at all) under separate contract(s) and shall be independent of the Initial Work, and WinCo shall not have any responsibility therefor (b) On or before substantial completion of the Initial Work and except for areas on which any party is then prosecuting any Remaining Work, any undeveloped Tract shall either be hard -surfaced or left in a natural, but attractive, condition, until building improvements are constructed thereon The owner of such Tract shall take such steps on a on -going basis as are reasonably necessary to prevent erosion or blowing dust In addition, the Party engaging in any Remaining Work shall leave the Initial Work, including all drive lanes and access points, open and accessible, and shall perform such construction in such manner as will not adversely affect the balance of the Shopping Center, or the businesses from time to time being conducted thereon, in any material way 4 MAINTENANCE AND REPAIR 41 Utility Lines (a) Each Party shall maintain and repair, or cause to be maintained and repaired, in a good state of repair and safe condition, all Separate Utility Lines utilized by it regardless of where located Any maintenance and repair of nondedicated utilities located on another Party's Tract shall be performed (i) after two (2) weeks' notice to the grantor (except in an emergency the work may be DECLARATION OF EASEMENTS AND CONDITIONS - 12 initiated with reasonable notice), (n) after normal business hours whenever possible, and (m) in such a manner as to cause as little disturbance in the use of the grantor's Tract as is practicable under the 40 circumstances Any Party performing or causing to be performed maintenance or repair work agrees 00 (1) to promptly pay all costs and expenses associated therewith, (2) to diligently complete such work as O quickly as possible, and (3) to promptly clean the area and restore the affected portion of the Common O Area to a condition equal to or better than the condition which existed prior to the commencement of 0 such work O (b) Common Utility Lines shall be maintained and replaced as part of the Common Area pursuant to 4 2 below 4 2 Common Area Maintenance 0 (a) Subject to the joint maintenance provision set forth in (b) below, each Party shall 4 maintain, or cause to be maintained, the Common Area on its Tract in a sightly, safe condition and good O state of repair Any unimproved Common Area shall be mowed and kept litter -free The minimum 01 standard of maintenance for the improved Common Area shall be comparable to the standard of maintenance followed in other first class retail developments of comparable size in the Federal Way, Washington area, notwithstanding the foregoing, however, the Common Area shall be operated and maintained in compliance with all applicable governmental laws, rules, regulations, orders and ordinances, and the provisions of this DEC All Common Area improvements shall be repaired or replaced with materials at least equal to the quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony of the Shopping Center as a whole The maintenance and repair obligation shall include but not be limited to the following (1) Drive and Parking Areas Maintaining all paved surfaces and curbs in a smooth and evenly covered condition, including, without limitation, replacement of base, skin patch, resealing and resurfacing (for the purpose of this section, an overlay of the drives and parking areas shall be considered a maintenance item) The owner of each Tract shall attempt in good faith to coordinate any resurfacing or restriping of the parking lot in the Common Area in order to maintain its appearance as an integrated parking area for the entire Shopping Center (ii) Debris and Refuse Periodic removal of all papers, debris, filth, refuse, ice and snow (1" on surface), including vacuuming and broom sweeping to the extent necessary to keep the Common Area in a first-class, clean and orderly condition, provided, however, that Occupant trash and/or garbage removal shall not be a Common Area Maintenance Cost since such removal shall be the obligation of each owner of a Tract All sweeping shall be at appropriate intervals during such times as shall not interfere with the conduct of business or use i of the Common Area by Permittees (ui) Non -Occupant Signs and Markers Maintaining, cleaning and replacing any appropriate directional, stop or handicapped parking signs, restriping parking lots and drive lanes as necessary to maintain parking space designation and traffic direction, and keeping clearly marked fire lanes, loading zones, no parking areas and pedestrian cross -walks (iv) Lighting Maintaining, cleaning and replacing Common Area lighting facilities, including light standards, wires, conduits, lamps, ballasts and lenses, time clocks and circuit breakers �. (v) Landscaping Maintaining and replacing of all on -site and ott-site landscape plantings, trees and shrubs in an attractive and thriving condition, trimmed and weed free Maintaining and replacing landscape planters, including those adjacent to exterior walls of buildings and automatic sprinkler systems Modify irrigation systems to satisfy governmental DECLARATION OF EASEMENTS AND CONDITIONS - 13 water allocation or emergency requirements and perform pest control and extermination as needed 00 (vi) Common Utility Lines Maintaining, cleaning, replacing, and repairing any and all Common Utility Lines PROVIDED, HOWEVER, and notwithstanding the provisions of (e) 0 below, the cost of maintaining, cleaning, replacing and repairing Common Utility Lines, if not 0 performed by the utility company, shall be shared by the owners of the Shopping Center in the 0 ratio that the number of square feet in each Tract bears to the number of square feet in the O Shopping Center (vii) Obstructions Keeping the Common Area free from any obstructions including those caused by the sale or display of merchandise, unless such obstruction is permitted under �+ the provisions of this DEC O 0 (vrn) Sidewalks Maintaining, cleaning and replacing of all sidewalks, including those adjacent and contiguous to buildings located within the Shopping Center Sidewalks shall O be cleaned regularly and swept at appropriate intervals during such time as shall not interfere 1Q with the conduct of business or use of the Common Area Notwithstanding anything in this section to the contrary, each Party shall maintain and repair any exterior shipping/receiving dock area, any truck ramp or truck parking area, and any refuse, compactor or dumpster area located on its Tract (b) Unless the Approving Party elects to have an Operator maintain the Common Area, each Party shall maintain the Common Area in its Tract in accordance with the requirements of (a) above During such times as the Approving Party has designated in writing the identity of an Operator, the Operator shall operate and maintain (i) the Common Area in the Shopping Center located on the WinCo Tract and the land area of all Pads, (ii) the landscaping located along the exterior boundaries of the Shopping Center not on said Tracts, (iii) any landscaping which the City of Federal Way may require the owners of the Shopping Center to maintain or the maintenance of which would, as determined by the Approving Party, benefit the Shopping Center, and (iv) Common Utility Lines which are not maintained by utility companies (including, but not limited to, surface water collection, retention and distribution facilities) (the "Operator Maintenance Areas") in accordance with the requirements of (a) above Within thirty (30) days following the commencement of such maintenance and operation, Operator shall provide the owner of the WinCo Tract an estimated budget for the balance of the current calendar year containing the information required by (c) below agrees to pay its share thereof The Operator may hire companies affiliated with it to perform the maintenance and operation of the Operator Maintenance Areas, but only if the rates charged by such companies are competitive with those of other companies furnishing similar services in the metropolitan area in or about the Shopping Center, it being agreed that this provision shall be construed strictly against Operator Each Party hereby grants to Operator, its agents and employees a license to enter upon its Tract to discharge the duties to operate, maintain and repair the Operator Maintenance Areas The Operator shall expend only such funds as are reasonably necessary for the operation, maintenance and insurance of the Operator Maintenance Areas and shall promptly pay such costs ("Common Area Maintenance Costs") when incurred For the purpose of this DEC, Common Area Maintenance Costs shall not include (1) any late charges or fees, (11) any charge for lighting electricity to a Party that separately pays the electrical costs for lighting the Common Area on its Tract, (iii) any costs to clean up or repair the Common Area resulting from promotional activities or from construction, maintenance or replacement of buildings, DECLARATION OF EASEMENTS AND CONDITIONS - 14 (iv) real property taxes and assessments, 00 00 (v) Operator's profit, administrative and overhead costs (including but not limited 0 to office space, equipment and utilities, legal, accounting or administrative services, Operator's O personnel who are not permanently located at the Shopping Center), and O (vi) entertainment, transportation, meals and lodging of anyone O dt In lieu of Operator's profit, administrative and overhead costs, Operator shall be permitted to charge an amount ("Administration Fee") computed by multiplying the Common Area Maintenance Costs �t (exclusive of insurance premiums, fees paid to third Persons who perform all or a portion of the O Common Area operation and management on Operator's behalf, and utility charges) by ten O percent (10%) To the extent the Operator directly or indirectly contracts with a commercial property Q management company to administer or oversee any portion of the maintenance of the Operator 0 Maintenance Areas, Operator shall not receive an Administration Fee on the portion so contracted If any of Operator's personnel at the Shopping Center perform services, functions or tasks in addition to Common Area duties, then the cost of such personnel shall be equitably allocated according to time spent performing such duties (c) Operator shall, at least ninety (90) days prior to the beginning of each calendar year, submit to the Approving Party an estimated budget ("Budget") for the Common Area Maintenance Costs and the Administration Fee for operating and maintaining the Common Area of the Shopping Center located on the Operator Maintenance Areas for the ensuing calendar year The Budget shall be in a form reasonably acceptable to the Approving Party and shall identify separate cost estimates for at least the categories specified under 4 2(a), plus (1) rental or purchase of equipment and supplies, (11) depreciation or trade-in allowance applicable to items purchased for Common Area purposes, and (iii) Administration Fee If an item of maintenance or replacement is to be accomplished in phases over a period of calendar years, such as resurfacing of the drive and/or parking areas, then the Budget shall separately identify the cost attributable to such year (including the area of the Common Area affected), and shall note the anticipated cost and timing (indicating the area of the Common Area affected) of such phased work during succeeding calendar years Operator shall use its best efforts to operate and maintain the Operator Maintenance Areas in accordance with the Budget Notwithstanding the foregoing, Operator shall have the right to make emergency repairs to the Common Area to prevent injury or damage to person or property, it being understood that Operator shall nevertheless advise each Party of such emergency condition as soon as reasonably possible, including the corrective measures taken and the cost thereof If the cost of the emergency action exceeds $10,000 00 in Constant Dollars then Operator may submit a supplemental billing to each Party, together with evidence supporting such payment, and each Party shall pay its share thereof within thirty (30) days (d) Operator agrees to defend, indemnify and hold each Party paying it the amounts due hereunder harmless from and against any mechanic's, materialmen's and/or laborer's liens, and all costs, expenses and liabilities in connection therewith, including reasonable attorney's fees and court costs, arising out of the maintenance and operation by Operator of the Common Area, and in the event that the Tract of any such Party shall become subject to any such lien, Operator shall promptly cause such lien to be released and discharged of record, either by paying the indebtedness which gave rise to such lien or by posting such bond or other security as shall be required by law to obtain such release and discharge DECLARATION OF EASEMENTS AND CONDITIONS - 15 (e) Each owner of Pads B, C, and D shall, at its sole cost and expense, maintain, repair, and/or replace the Common Area on its Tract in accordance with the requirements of 4 2(a) above It is 00 recognized and acknowledged that certain maintenance items within the Common Area of the entire Shopping Center benefit Pads B, C, and D, and cannot be practically segregated from or allocated to Pads B, C. and D These items are the maintenance, repair, and/or replacement of the accesses to and 0 the main driveways in the Shopping Center, the landscaping and irrigation of areas on the exterior 0 boundary of the Shopping Center, the off -site landscaping and irrigation and the Common Utility Lines Each owner of Pads B, C, and D shall, in addition to maintaining, repairing, and/or replacing the 0 Common Area on its Tract, pay the Operator, or if there is not an Operator, the Party which has or will d� be paying for same, the following (i) the annual amount of 50 cents per square foot of Floor Area located on the particular Tract payable in advance on the earlier of (A) the substantial completion of a dt building on the Tract, or (B) the opening of a business on the Tract and continuing each year on January CD 1 each year thereafter, and (n) the amounts payable as provided in 4 2(a)(vi) for maintaining, cleaning, O replacing, and repairing any and all Common Utility Lines The annual payment set forth in (e)(i) above C shall be adjusted each year to reflect increases in the Consumer Price Index in accordance with Exhibit 1 O hereof G�2 Each owner of Pad B, C, and D agrees to defend, indemnify, and hold each other Party ("Indemnitee") from and against all claims, costs, losses, expenses, and liability (including reasonable attorney fees and costs of suit) arising from or directly or indirectly relating to the maintenance, use or operation of the Common Areas located on its Tract, except for claims caused by the negligence or willful act or omission of such Indemnitees (f) In the event a Party maintaining the Common Area on its Tract fails to maintain it in accordance with the requirements of 4 2(a) (such Party being hereinafter referred to as the "Defaulting Party") any other Party (hereinafter referred to as the "Nondefaulting Party") may send written notice of such failure to the Defaulting Party Such notice shall contain an itemized statement of the specific deficiencies (hereinafter referred to as the "Deficiencies") in the Defaulting Party's performance of its obligations under 4 2(a) Except for an Emergency Situation, the Defaulting Party shall have ten (10) days after receipt of such notice in which to correct the Deficiencies or in which to commence to correct the Deficiencies it the Deficiencies cannot be corrected within the said ten-day period, and thereafter to proceed diligently to complete the correction of the Deficiencies An "Emergency Situation" is a situation which threatens access to a Tract or threatens an immediate substantial loss or damage to property or any personal injury or death to Persons In the event a Defaulting Party shall fail or refuse to timely correct or to begin to correct the Deficiencies and proceed to diligently complete the same, as the case may be, the Nondefaulting Party may, in its option, correct the Deficiencies and take over the portion of the Common Area maintenance on the Defaulting Party's Tract which relates to the Deficiencies In the event the Nondefaulting Party shall exercise its option, the Defaulting Party shall, within ten (10) days from receipt from the Nondefaulting Party, of an itemized invoice for the costs incurred by the Nondefaulting Party in correcting the Deficiencies and/or maintaining the Common Area on the Defaulting Party's Tract, pay such costs to the Nondefaulting Party, plus an administrative fee in the amount of ten percent (10%) of the costs If the invoice is not paid within said ten-day (10) period, interest on the amount due under the invoice from the date of the invoice shall be paid by the Defaulting Party at U S Bank National Association's prime rate of interest (or if it no longer exists a comparable regional national bank located in Washington), plus two percent (2%) per annum until paid The Defaulting Party may reassume maintenance of the Common Area on its Tract upon (i) paying any and all amounts, including interest and administrative fees, then due the Non -Defaulting Party, and (ii) providing the Nondefaulting Party with reasonable assurance that it will maintain the Tract in accordance with the requirements of 4 2(a) (g) In the event any of the Common Area is damaged or destroyed by any cause whatsoever, whether insured or uninsured, during the term of this DEC, other than damage caused by ordinary use or wear and tear, the Party upon whose Tract such Common Area is located shall repair or restore such DECLARATION OF EASEMENTS AND CONDITIONS - 16 Common Area at its sole cost and expense with all due diligence, provided that no Party shall be required to expend more than $2S0,000 in Constant Dollars in excess of insurance proceeds which may 00 be available (or which would have been available except for a Party's failure to obtain insurance coverage as required herein or for electrons relating to deductibles or self-insurance for which the Party 00 shall be responsible to contribute) for such repair or restoration Notwithstanding the limitation set C forth in the preceding sentence, a Party may require another Party to do such restoration work if the O requiring Party has agreed in writing to pay the costs in excess of such sum Except to the extent O limited by 5 4 hereof, in the event such damage or destruction of Common Area is caused in whole or in 0 part by another Party or third Person, the Party obligated to make such repair or restoration reserves and retains the right to proceed against such other Party or third Person for indemnity, contribution or damages 43 BUL]drng Improvements © (a) After completion of construction, each Party covenants and agrees to maintain and keep the exterior portion of the building improvements, if any, located on its Tract in first-class condition and CD state of repair in a manner consistent with other first-class retail developments of comparable size in the LV Federal Way, Washington area, in compliance with all governmental laws, rules, regulations, orders, and ordinances exercising jurisdiction thereover, and in compliance with the provisions of this DEC Each Party further agrees to store all trash and garbage in adequate containers, to locate such containers so that they are not readily visible from the parking area, and to arrange for regular removal of such trash or garbage (b) In the event any of the building improvements are damaged by fire or other casualty (whether insured or not), the Party upon whose Tract such building improvements are located shall, subject to governmental regulations and/or insurance adjustment delays, immediately remove the debris resulting from such event and provide a sightly barrier, and within a reasonable time thereafter shall either (i) repair or restore the building improvements so damaged to a complete unit, such repair or restoration to be performed in accordance with all provisions of this DEC, or (ii) erect other building improvements in such location, such construction to be performed in accordance with all provisions of this DEC, or (ni) demolish the damaged portion and/or the balance of such building improvements and restore the cleared area to either a hard surface condition or a landscaped condition in which event the area shall be Common Area until a replacement building is erected Such Party shall have the option to choose which of the foregoing alternatives to perform, but such Party shall be obligated to perform one of such alternatives Such Party shall give notice to each other Party within ninety (90) days from the date of such casualty of which alternative it elects OPERATION OF THE SHOPPINa-CENTER 51 Uses (a) Subject to the limitations set forth in 5 1, no part of the Shopping Center shall be used or occupied for purposes other than retail sales, Financial Retail Offices, Fast Food Restaurants (deftned below), and sit down restaurants serving primarily breakfast -related menu items The term "Financial Retail Office" shall mean an office which provides financial services directly to consumers such as banks, credit unions and stock brokerages (b) No use shall be permitted in the Shopping Center' which is inconsistent with the operation of a first-class retail shopping center Without limiting the generality of the foregoing, the following uses shall not be permitted (i) any use which emits an obnoxious odor, noise, or sound which can be heard or smelled outside of any building in the Shopping Center, however, this provision shall not be DECLARATION OF EASEMENTS AND CONDITIONS - 17 00 interpreted to restrict the Occupant of the WinCo Tract from conducting its supermarket 00 operations thereon, including a bakery, in the ordinary course of its business, provided that the O Occupant of the WinCo Tract shall take measures normally taken by first-class supermarket O operations and shopping centers to limit the emission of odors, O O (ii) any operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural, or mining operation, d+ G� (iii) any "second hand" store or "surplus" store except those such as Ross Dress For 14 Less or T J Maxx, O p (iv) any mobile home park, trailer court, labor camp, junkyard, or stockyard (except p that this provision shall not prohibit the temporary use of construction trailers during periods of p construction, reconstruction, or maintenance), (v) any dumping, disposing, incineration, or reduction of garbage (exclusive of garbage compactors or other future technology no more intrusive than garbage compactors located near the rear of any building), (vi) any tire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation, (vii) any central laundry, dry cleaning plant, or laundromat, provided, however, this prohibition shall not be applicable to (1) on the WinCo Tract, nominal supportive facilities for on -site service -oriented pickup and delivery by the ultimate consumer as the same may be found in retail shopping districts in the metropolitan area where the Shopping Center is located, and (2) the operation of on -site laundry facilities within a store which services only the internal needs of that store and does not provide laundry services to the general public, (viii) any manufactured home, automobile, truck, trailer, boat or recreational vehicles ?� sales, leasing, display, body shop or repair operation, (ix) any entertaining or recreational facility which includes movie theaters, live performance theaters, bowling lanes, skating rinks, dance halls, billiard or pool halls, massage parlors or similar facilities, (x) any living quarters, sleeping apartments, or lodging rooms, (xi) any veterinary hospitals or animal raising facilities (except that this prohibition shall not prohibit pet shops), (xii) any mortuaries or funeral homes, (xiii) any adult book or adult video stores or establishments selling or exhibiting pornographic materials or drug -related paraphernalia, (xiv) any bars, taverns, or other establishments whose reasonably projected annual gross revenues from the sale of alcoholic beverages for on -premises consumption exceeds fifteen per cent (15%) of the gross revenues of such business, (xv) any health spas, fitness centers, gyms, or workout facilities, DECLARATION OF EASEMENTS AND CONDITIONS - 18 (xvi) any flea markets, amusement or video arcades (except up to five (5) electronic games shall be allowed if incidental to any permitted use), or 00 (xvu) any training or educational tac.ilities, including but not limited to beauty GO schools, barber colleges, reading rooms, places of instruction or other operations catering O primarily to students or trainees rather than to customers, provided however, this prohibition shall not be applicable to on -site employee training by an Occupant incidental to the conduct of 0 its business at the Shopping Center (c) The following additional uses and occupancy restrictions shall apply d� (1) With the exception of Retail "A," no part of the Shopping Center shall be used or occupied as a Business Office PROVIDED, HOWEVER, this prohibition shall not be O applicable to Business Offices located within a building which only services the internal needs O of that store and does not provide business office services to the general public The term 0 "Business Office" shall mean an office other than a Financial Retail Office a Ge (ii) Except as hereinafter provided with regard to Pad C, no Restaurant shall be located in the Shopping Center, PROVIDED, HOWEVER, this prohibition shall not be applicable to (1) the operation of a Restaurant which is incidental to the Occupant's primary business purpose, and (2) the operation of a Fast Food Restaurant(s) located on Pads B, C, and D PROVIDED, FURTHER, subject to the prior written approval of the Approving Party (which approval may be withheld by the Approving Party in its sole, absolute and unreviewable discretion), a Restaurant may be located on Pad C The Approving Party's written approval of the use of Pad C as a Restaurant shall, prior to it being effective, be recorded in the real property records of King County, Washington For the purpose of this section only, a Restaurant shall be an "incidental operation" if it occupies less than ten percent (10%) of the Occupant's Floor Area and does not have a separate customer entry/exit door to the outside of the building For purposes of this section only, the term "Fast Food Restaurant(s)" shall mean a restaurant whose marketing strategy is based on preparing and dispensing food orders in a limited period of time Without limitation and for illustrative purposes, Fast Food Restaurant(s) include the following use Burger King Hardy's Ilk Wendy's ML Donalds Carl's Jr Jack In The Box Taco Bell Arby's Taco Time Subway Blimpie Also, without limitation and for illustrative purposes, Fast Food Restaurant(s) do not include any Restaurant or food service establishment which offers as the primary method of service for orders to be taken and served by a waitperson at the customer's table, or whose primary method of service is for customers to serve themselves at a buffet line (iii) No Fast Food Restaurant shall be located on any Pad until and unless the Approving Party approves in writing the design and location of the drive through facilities of any such Fast Food Restaurant, and the location of its building footprint (d) Until such time as WinCo constructs and operates a supermarket on the WinCo Tract, and thereafter, for so long as the WinCo Tract is being used or has during any portion of the immediately preceding twelve (12) months been so used as a retail grocery operation, no portion of the Shopping Center, other than the WinCo Tract, shall be used as a retail grocery store operation (which is DECLARATION OF EASEMENTS AND CONDITIONS - 19 hereby defined to mean any store, bakery or delicatessen, engaged in the sale of food products for off - premises preparation and consumption) This restriction shall not be deemed to prevent or prohibit the sale of such food products by an Occupant of Pads B through D from not more than 3,000 square feet of 00 Floor Area This restriction may be waived or modified solely by the owner of the WinCo Tract in 00 writteg by an instrument recorded to the real property records of King County, Washington The O twelve-month (12) period referred to in this section shall not include any period during which the Q particular use lapses due to force majeure conditions or damage, destruction, condemnation, or O remodeling of the building on the WinCo Tract so long as WinCo diligently proceeds with such repair O and restoration of such building reasonably calculated to permit resumption for such use (e) No merchandise, equipment or services, including but not limited to vending machines, promotional devises and similar items, shall be displayed, offered for sale or lease, or stored within the Common Area, provided however, that the foregoing prohibition shall not be applicable to (1) the O storage of shopping carts, (ii) the seasonal display and sale of bedding plants on the sidewalk in front of C any building located on the WinCo Tract, (ni) temporary Shopping Center promotions, except that no O promotional activities will be allowed in the Common Area without the prior written approval of the C7 Approving Party which may be withheld in its sole, absolute, and unreviewable discretion, or ce (iv) newspaper distribution stands and similar public service items In addition, if a recycling center or equipment is required by law to be located in the Shopping Center, the location thereof shall be subject to the approval of the Parties Notwithstanding the foregoing, the Occupant of the WinCo Tract shall be permitted (1) To have vending carts and the display and sale of merchandise and ready -to -eat products on sidewalks directly in front of the building located on the WinCo Tract, provided that said Occupant maintains said sidewalks at its sole cost in a neat and clean manner, and (ii) To conduct seasonal or promotional sales of merchandise from the WinCo Tract subject to the following restrictions (1) sales shall be limited to not more than ninety (90) days per calendar year, (2) the sales area shall be limited to not more than twenty (20) parking spaces within the area designated on the Site Plan as the "Outdoor Sales Area", (3) all booths, stands, displays and other structures erected in connection therewith shall be promptly removed by said Occupant of the WinCo Tract upon termination of said activities, (4) the Occupant of the WinCo Tract shall be responsible for cleaning the Common Area where the sale is held during the sale and for restoring its condition to that existing immediately prior to said sale at the sole cost and expense of the Occupant of the WinCo Tract In the event said Occupant does not clean or repair such area promptly, the Operator (or if there is not an Operator then any other Party) may do so and charge the cost thereof to said Occupant of the WinCo Tract, and (5) the parking lot sales shall not interfere with the tree movement of vehicular traffic within the Shopping Center or with access to or from the Shopping Center DECLARATION OF EASEMENTS AND CONDITIONS - 20 (f) The name "WinCo" or other name used by the owner of the WinCo Tract shall not be 0D used to identify the Shopping Center or any business or trade conducted on Pads B through D without WinCo's prior written consent The Shopping Center shall be called by such name as the Approving 0 Party may from time to time designate O O (g) Except to the extent required by law, no Permittee shall be charged for the right to use O the Common Area For the purpose of this provision, a tax assessment or other form of charge applicable to parking spaces or parking lots may be deemed by the Approving Party an imposition required by law if (h) In order to minimize interference with normal customer parking within the Shopping 0, Center, each Party shall cause the employees of the Occupants of its Tract to park their vehicles only on -Q such Tract and only in the parking spaces on such Tract designated with the letter "E" on the Site Plan, Q. and as to such parking spaces, each Owner shall designate the same on its Tract by painting the letter "E" of such size and color as to be readily observable in daylight hours to users of the parking areas in each such space (i) This DEC is not intended to, and does not, create or impose any obligation on a Party to operate, continuously operate, or cause to be operated a business or any particular business at the Shopping Center or on any Tract 52 Li h>: tin$ (a) After completion of the Common Area lighting system on its Tract, each Party hereby covenants and agrees to keep its Tract fully illuminated each day from dusk to at least 10 00 p in Each Party further agrees to, except to the extent additional lighting is required herein, keep the lights in the Common Area on its Tract illuminated from dusk until dawn at not less than twenty-five percent (25%) of full capacity and to keep any exterior building security lights on from dusk until dawn During the term of this DEC, each Party grants an irrevocable license to each other Party for the purpose of permitting the lighting from one Tract to incidentally shine on the adjoining Tract (b) It is recognized that the Occupant of the WinCo Tract may be open for business at different hours than the Occupant of Pads B, C, and D, and that the Occupant of the WinCo Tract may wish to have the Common Area lights located on all or a portion of Pads B, C, and D, and the WinCo Tract illuminated before and/or after the period required in (a) above Notwithstanding anything to the contrary in this DEC, the owner of the WinCo Tract may require that the Common Area lights located on the WinCo Tract and Pads B, C, and D. as well as all entryway lights, be installed or modified so that the owner of the WinCo Tract controls the Common Area lights located on said Tracts and all entryways and may cause these Common Area lights to be operated before and/or after the period required in (a) above The owner of the WinCo Tract shall be initially responsible for the payment of utility and maintenance charges incurred for the operation of the Common Area lighting on said Tracts The owners of Pads B, C, and D shall, however, reimburse the owner of the WinCo Tract for that portion of utility and maintenance charges attributable to operating and maintaining the Common Area lights located on Pads B, C, and D during the period required in (a) above (or during any period a business on said Tracts is open for business beyond the period required in (a) above) and shall promptly pay the same upon receipt of an invoice from the owner of the WinCo Tract for the same (c) Each owner of Pads B, C, and D shall separately meter the Common Area lights located on its Tract and shall keep each such Tract fully illuminated each day from dusk until at least 10 00 p m Further, each owner of Pads B. C, and D agrees to, except to the extent additional lighting is required herein, keep the lights in the Common Area on its Tract illuminated from dusk until dawn at not less DECLARATION OF EASEMENTS AND CONDITIONS - 21 00 than twenty-five percent (25%) of full capacity and to keep any exterior building security lights on from GO dusk until dawn 0 0 5 3 Occupant signs - (a) No freestanding sign shall be permitted within the Shopping Center unless constructed �t in areas designated on the Site Plan, and only one such sign may be located in each designated area The freestanding signs at the Shopping Center shall be utilized as follows (1) Two (2) planned pylon signs at the approximate locations shown on the Site O Plan as the "Pylon Sign" (the "Center Signs") may be used to identify the Occupant of the C� WinCo Tract Q Q (ii) The design and construction of, and the panel inserts on, the Center Signs shall be subject to the prior written approval of the Approving Party, which approval shall not be unreasonably withheld by the Approving Party PROVIDED, HOWEVER (1) The Occupants of Pads B, C and D shall not be entitled to any signage on the Center Signs but may place monument signs on their respective Pads if authorized to do so by the appropriate governmental authorities, and if the location, size and design of said monument signs has been approved in writing, in advance, by the Approving Party in the Approving Party's sole, absolute, and unreviewable discretion, and (2) The Occupant of the WinCo Tract shall be entitled to the exclusive use Of a reader board on the Center Signs This section shall not be interpreted to restrict the Occupant of the WinCo Tract from erecting a flag pole(s) at the location shown on the Site Plan and displaying thereon only the United States flag or the State of Washington flag, provided that the same is permitted by local ordinances and regulations, and provided further that the said Occupant exercises proper care in the maintenance and display of said flag(s) and flag pole (b) No Occupant identification sign attached to the exterior of a building shall be (i) placed on canopy roofs extending above the building roof, placed on penthouse walls, or placed so as to project above the parapet, canopy, or top of the wall upon which it is Z mounted, (li) placed at any angle to the building, provided, however, the foregoing shall not 1Z apply to any sign located under a sidewalk canopy if such sign is at least eight (8) feet above the :5 sidewalk, (iii) painted on the surface of any building, an (iv) flashing or audible signs, (v) signs employing exposed raceways (unless the raceway is the same color as the building), exposed ballast boxes, or exposed transformers, or (vi) paper or cardboard signs, temporary signs (exclusive of contractor signs), stickers or decals, provided, however, the foregoing shall not prohibit the placement at the entrance of each Occupant's space a small sticker or decal, indicating hours of business, emergency telephone numbers, acceptance of credit cards, and other similar bits of information DECLARATION OF EASEMENTS AND CONDITIONS - 22 U0 Notwithstanding the above, the Occupants of the WinCo Tract and Pads B through D, may display professionally prepared temporary signs and banners for in-store promotions 00 Q Unless approved by the Approving Party, and further subject to any necessary governmental Q approvals, no Occupant of less than fifty thousand (50,000) square feet of Floor Area shall have an O exterior sign which identifies leased departments, and/or concessionaires operating under the Occupant's Q business or trade name, nor, shall such sign identify specific brands or products for sale or services offered within a business establishment, unless such identification is used as part of the Occupant's trade name O(c) Notwithstanding anything above to the contrary, each Party shall be permitted to place G within the Common Area located on its Tract directional signs or informational signs such as "Handicapped Parking", the temporary display of leasing information and the temporary erection of one sign identifying each contractor working on a construction job Q ce 54 Insurance (a) Each Party (as to its Tract only) shall maintain or cause to be maintained in full force and effect Commercial General Liability Insurance with a combined single limit of liability of not less than Five Million Dollars ($5,000,000 00) in Constant Dollars for bodily or personal injury or death, and for property damage, arising out of any one occurrence, the other Parties shall be "additional insureds" under such policy Each Party ("Indemnitor") covenants and agrees to defend, protect, indemnify and hold harmless each other Party ("Indemnitee") from and against all claims, including any action or proceedings brought thereon, and all costs, losses, expenses and liability (including reasonable attorney's fees and cost of suit) arising from or as a result of the injury to or death of any Person, or damage to the property Of any Person located on the Tract owned by each Indemnitor, except for claims caused by the negligence or willful act or omission of such Indemnitees, its licensees, concessionaires, agents, servants, or employees, or the agents, servants, or employees of any licensee or concessionaire thereof (b) Prior to commencing any construction activities within the Shopping Center, each Party shall obtain or require its contractor to obtain and thereafter maintain so long as such construction activity is occurring, at least the minimum insurance coverages in Constant Dollars set forth below :•ti (t) Workers' Compensation - statutory limits (11) Employers' Liability - $500,000 (ui) Comprehensive General/Commercial General Liability and Business Auto Liability as follows (1) Bodily Injury - $1,000,000 per occurrence (2) Property Damage - $1,000,000 per oce-urtence (3) Independent Contractors Liability, same coverage as set forth in (1) and (2) above, (4) Products/Completed Operations Coverage which shall be kept in effect for two (2) years after completion of work, (5) "XCU" Hazard Endorsement, if applicable, DECLARATION OF EASEMENTS AND CONDITIONS - 23 GO (6) "Broad Form" Property Damage Endorsement, O (7) "Personal Injury" Endorsements, and O O (8) "Blanket Contractual Liability" Endorsement O O If the construction activity involves the use of another Party's Tract, then the owner of such Tract shall be an additional insured and such insurance shall provide that the same shall not be canceled, cq or reduced in amount or coverage below the requirements of this DEC, without at least thirty (30) days prior written notice to the named insureds and each additional insured If such insurance is canceled or 0 expires then the constructing Party shall immediately stop all work on or use of the other Party's Tract 0 until either the required insurance is reinstated or replacement insurance obtained CD (c) Effective upon the commencement of construction of any building on its Tract and so Q long as such building exists, a Party shall carry, or cause to be carried, casualty insurance with ce "extended" or "all-risk" coverage, in the amount of one hundred percent (100%) of full replacement cost thereof (excluding footings, foundations or excavations) Each Party (the "Releasing Party") hereby releases and waives for itself, and each Person claiming by, through or under it, each other Party (the "Released Party") from any liability for any loss or damage to all property of such Releasing Party located upon the Releasing Party's Tract, which loss or damage is of the type covered by the insurance required to be maintained under 5 4(c), irrespective either of any negligence on the part of the Released Party which may have contributed to or caused such loss, or of the amount of such insurance required or actually carried, including any deductible or self insurance reserve Each Party agrees to use its reasonable efforts to obtain, if needed, appropriate endorsements to its policies of insurance with respect to the foregoing release, provided, however, that failure to obtain such endorsements shall not affect the release hereinabove given Each Party ("Indemnitor") covenants and agrees to indemnify, defend and hold harmless each other Party ("Indemnitee") from and against all claims asserted by or through any Permittees of the Indemnitor's Tract for any loss or damage to the property of such Permittee located upon the Indemnitor's Tract, which loss or damage is covered by the insurance required to be maintained under 5 4(c), irrespective of any negligence on the part of the Indemnitee which may have contributed to or caused such loss (d) All insurance required by 5 4 shall be procured from companies licensed in the state where the Shopping Center is located and shall be rated by Best's Insurance Reports not less than A/VII All insurance may be provided under (i) an individual policy covering this location, (ti) a blanket policy or policies which includes other liabilities, properties and locations of such Party, provided, however, that if such blanket commercial general liability insurance policy or policies contain a general policy aggregate of less than $20,000,000 in Constant Dollars, then such insuring Party shall also maintain excess liability coverage necessary to establish a total liability insurance limit of $20,000,000 in Constant Dollars, (iii) a plan of self-insurance, provided that any Party so self -insuring notifies the other Parties of its intent to self -insure and agrees that upon request it shall deliver to such other Parties each calendar year a copy of its annual report that is audited by an independent certified public accountant which discloses that such Party has $80,000,000 in Constant Dollars or more of net worth, determined in accordance with generally accepted accounting principles, and (iv) a combination of any of the foregoing insurance programs To the extent any deductible is permitted or allowed as a part of any insurance policy carried by a Party in compliance with 5 4, such Paity shall be deemed to be covering the amount thereof under an informal .plan of self-insurance, provided, however, that in no event shall any deductible exceed $50,000 00 in Constant Dollars unless such Party complies with the requirements regarding self-insurance pursuant to (iii) above Each Party agrees to furnish to any Party requesting the same, a certificate(s) of insurance evidencing that the insurance required to be carried by such Person is in full force and effect 0 z z z DECLARATION OF EASEMENTS AND CONDITIONS - 24 00 The insurance required pursuant to 5 4(a) and (b) above shall include the following provisions 00 0 (1) shall provide that the policy may not be canceled or reduced in amount or 0 coverage below the requirements of this DEC, without at least thirty (30) days prior written 0 notice by the insurer to each insured and to each additional insured, (ii) shall provide for severability of interests, c� CQ (iii) shall provide that an act or omission of one of the insureds or additional d+ insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage C as to the other named insureds, and Gd 0 (iv) shall provide for contractual liability coverage with respect to the indemnity obligation set forth herein, provided, however, the coverage limits of such insurance shall in no CQ event limit the indemnity obligations of any Party hereunder 55 Taxes and Assessments Each Party shall pay, or cause to be paid prior to delinquency, all taxes and assessments with respect to its Tract, the buildings, and improvements located thereon and any personal property owned or leased by such Party in the Shopping Center, provided that if the taxes or assessments or any part thereof may be paid in installments, the Party may pay each such installment as and when the same becomes due and payable Nothing contained in this subsection shall prevent any Party from contesting at its cost and expense any such taxes and assessments with respect to its Tract in any manner such Party elects, so long as such contest is maintained with reasonable diligence and in good faith At the time as such contest is concluded (allowing for appeal to the highest appellate court), the contesting Party shall promptly pay all such taxes and assessments determined to be owing, together with all interest, penalties and costs thereon 5 6 Liens In the event any mechanic's lien is filed against the Tract of one Party as a result of services performed or materials furnished for the use of another Party, the Party permitting or causing such lien to be so filed agrees to cause such lien to be discharged within fifteen (15) days after the entry of a final judgment (after all appeals) for the foreclosure of such lien and further agrees to indemnify, defend, and hold harmless the other Party and its Tract against liabilities, losses, damages, costs or expenses (including reasonable attorneys' fees and cost of suit) on account of such claim of lien Upon request of the Party whose Tract is subject to such lien, the Party permitting or causing such lien to be filed agrees to promptly cause such lien to be released and discharged of record, either by paying the indebtedness which gave rise to such lien or by posting bond or other security as shall be required by law to obtain such release and discharge Nothing herein shall prevent a Party permitting or causing such lien from contesting the validity thereof in any manner such Party chooses so long as such contest is pursued with reasonable diligence In the event such contest is determined adversely (allowing for appeal to the highest appellate court), such Party shall promptly pay in full the required amount, i together with any interest, penalties, costs, or other charges necessary to release such lien 6 ENV€RONMENTNL MATTERS r[ 61 Duties of Users Except as provided in 6 2, neither the Parties nor any Occupant(s) shall release, generate, use, store, dump, transport, handle or dispose of any Hazardous Material within the Shopping Center or otherwise permit the presence of any Hazardous Material on, under or about the Shopping Center or transport any Hazardous Material to or trom the Shopping Center Any such use, handling or storage permitted under 6 2 shall be in accordance with all Environmental Laws and all other applicable laws, ordinances, rules and regulations now or hereafter promulgated by any governmental authority having jurisdiction thereof Neither the Parties nor any Occupant(s) shall install, operate or maintain any above, below or at grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on or about the Shopping Center unless plans therefor have been submitted DECLARATION OF EASEMENTS AND CONDITIONS - 25 to and approved by the Approving Party pursuant to 6 2 hereof Each Party with respect to its Tract 00 shall immediately notify the other Parties in writing of the following with respect to such Party's Tract 00 (a) any notice of violation or potential or alleged violation of any laws, ordinances or regulations which O the Party shall have received from any governmental agency concerning the use, storage, release and/or O disposal of Hazardous Materials, (b) any and all inquiry, investigation, enforcement, cleanup, removal O or other governmental or regulatory actions instituted or threatened relating to such Tract(s), (c) all p claims made or threatened by any third party relating to any Hazardous Materials, and (d) any release of Hazardous Materials in a reportable quantity on or about the Shopping Center which such Party knows of or reasonably believes may have occurred Such notice shall he accompanied by copies of any notices, inquiries or other documentation issued to the notifying Party in connection with such matters co 62 Permitted Use Storage. Handling and Disposal of Hazardous Materials Niotwith- © standing anything contained in 6 1 to the contrary, any Party, or any Occupant or Permittee may sell, O store and use products containing Hazardous Materials in, on or about the Tract occupied by such Party, 40 Occupant or Permittee or the Common Areas to the extent such products and/or equipment are incidental to normal shopping center operations, and are sold, stored or used in compliance with all applicable Environmental Laws By way of example, and not limitation, such permitted materials may include paints, oils, solvents, sealers, adhesives and finishes, fertilizers, medicines, insecticides and rodent poisons and the like, which may be or contain Hazardous Materials, so long as such products are produced, packaged and purchased for retail sale and generally merchandised or sold in retail outlets or are normally used in maintaining or repairing shopping center improvements A Party or an Occupant may also use other Hazardous Materials in connection with its use of its Tract if such Party or Occupant has received the Approving Party's prior consent to the same The Approving Party shall not unreasonably withhold its consent provided (i) the Party demonstrates to the Approving Party's reasonable satisfaction that such Hazardous Materials (1) are necessary or useful to the Party's or its Occupant's business, (2) will be monitored, used, stored, handled and disposed of in compliance with all Environmental Laws, (3) will not endanger any persons or property, and (4) will not invalidate or limit the coverage or increase the premiums of any insurance policy affecting or covering any portion of the Shopping Center, (n) the Party or Occupant provides the Approving Party with such security as may be reasonably required by the Approving Party to help secure such Party's or Occupant's performance of its obligations under 6 3, and (iii) such Party or Occupant satisfies any other requirements any other Party may reasonably impose with respect to the Party's or Occupant's use of the subject Hazardous Materials 63 Cleanup of Hazardous Materials In the event Hazardous Materials are released within the Shopping Center in violation of any Environmental Laws and such release occurred as a direct or indirect result of a Party's or its Occupant's or Permittee's use, handling, storage, or transportation of such Hazardous Material, as between the Parties, such Party or Occupant engaged in such activity shall be solely responsible and shall be liable for the prompt cleanup and remedtation of any resulting contamination and all claims, costs, expenses (including reasonable attorney and consultant fees) and damages, including consequential damages, suffered by the other Party, Occupants and Permittees 7 MISC LLANI~OUS 71 Default (a) The occurrence of any one or more of the following events shall constitute a material default and breach of this DEC by the non -performing Party (the "Defaulting Party") (1) The failure to make any payment required to be made hereunder within ten (10) days of the due date, or (11) The failure to observe or perform any of the covenants, conditions or obligations of this DEC, other than as described in (i) above, within thirty (30) days after the DECLARATION OF EASEMENTS AND CONDITIONS - 26 op issuance of a written notice by another Party (the "Non -Defaulting Party") specifying the nature 00 of the default claimed O O (b) With respect to any default under (a) above, any Non -Defaulting Party which is an 0 Approving Party shall have the right, but not the obligation, to cure such default by the payment of O money or the performance of some other action for the account of and at the expense of the Defaulting Party, provided, however, that in the event the default shall constitute an Emergency Condition, any such Non -Defaulting Party, acting in good faith, shall have the right to cure such default upon such �2 advance notice as is reasonably possible under the circumstances or, if necessary, without advance notice, so long as notice is given as soon as possible thereafter An "Emergency Condition" is a O condition which threatens a Tract or threatens an immediate substantial loss or damage to property or Q any personal injury or death to Persons To effectuate any such cure, any such Non -Defaulting Party 4b shall have the right to enter upon the Tract of the Defaulting Party (but not into any building) to perform 4 any necessary work or furnish any necessary materials or services to cure the default of the Defaulting M Party Each Party shall be responsible for the default of its Occupants In the event any Non -Defaulting Party shall cure a default, the Defaulting Party shall reimburse the Non -Defaulting Party for all costs and expenses incurred in connection with such curative action, plus interest as provided herein, within ten (10) days of receipt of demand, together with reasonable documentation supporting the expenditures made (c) Costs and expenses accruing and/or assessed pursuant to 7 I(b) above shall constitute a lien against the Defaulting Party's Tract The lien shall attach and take effect only upon recordation of a claim of lien in the office of the Recorder of the county of the state in which the Shopping Center is located, by the Party making the claim The claim of lien shall include the tollowing (1) The name of the lien claimant, (ti) A statement concerning the basis for the claim of lien and identifying the lien claimant as a curing Party, (iii) An identification of the owner or reputed owner of the Tract or interest therein against which the lien is claimed, (iv) A description of the Tract against which the lien is claimed, (v) A description of the work performed which has given rise to the claim of lien and a statement itemizing the amount thereof, and (vi) A statement that the lien is claimed pursuant to the provisions of this DEC, his,► reciting the date, book and page of recordation hereof The notice shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon the Party ti>rrai�e< against whom the lien is claimed, by personal service or by mailing pursuant to 7 4 below The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and may be enforced in any judicial proceedings allowed by law, including without limitation, 'r suit in the nature of a suit to foreclose a mortgage or mechanic's lien under the applicable provisions of the law of the state in which the Shopping Center is located (d) No waiver by any Party of any default under this DEC shall be effective or binding on such Party unless made in writing by such Party and no such waiver shall be implied from any omission by a Party to take action in respect to such default No express written waiver of any default shall affect any other default or cover any other period of time other than any default and/or period of time specified in such express waiver One (1) or more written waivers or any default under any provision of this DEC DECLARATION OF EASEMENTS AND CONDITIONS - 27 shall not be deemed to be a waiver of any subsequent default in the performance or the same provision or any other term or provision contained in this DEC F30 00 (e) Each Non -Defaulting Party shall have the right to prosecute any proceedings at law or in 0 equity against any Defaulting Party hereto, or any other Person, violating or attempting to violate or O defaulting upon any of the provisions contained in this DEC, and to recover damages for any such O violation or default Such proceeding shall include the right to restrain by injunction any violation or O threatened violation by another of any of the terms, covenants, or conditions of this DEC, or to obtain a decree to compel performance of any such terms, covenants, or conditions, it being agreed that the remedy at law for a breach of any such term, covenant, or condition (except those, if any, requiring the payment of a liquidated sum) is not adequate All of the remedies permitted or available to a Party r7 under this DEC or at law or in equity shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted 0 or available right or remedy Q 0 72 lnt.erest Except as otherwise provided herein, any time a Party shall not pay any sum payable hereunder to another within ten (10) days of the due date, such delinquent Party shall pay interest on such amount from the due date to and including the date such payment is received by the Person entitled thereto, at the lesser of (a) the highest rate permitted by law to be paid on such type of obligation by the Person obligated to make such payment or the Person to whom such payment is due, whichever is less, or (b) two percent (2%) per annum in excess of the prime rate from time to time publicly announced by U S Bank National Association or its successor (or if it no longer exists a comparable regional national bank located in Washington) 7 3 Estoppel Certificate Each Party agrees that upon written request (which shall not be more frequent than three (3) times during any calendar year) of any other Party, it will issue to such Person, or its prospective mortgagee or successor, an estoppel certificate stating to the best of the issuer's knowledge that as of such date (a) whether it knows of any default under this DEC by the requesting Person, and if there are known defaults, specifying the nature thereof, (b) whether this DEC has been assigned, modified or amended in any way by it and if so, then stating the nature thereof, and (c) whether this DEC is in full torce and effect Such statement shall act as a waiver of any claim by the Person furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement, and who has acted in reasonable reliance upon the statement The issuance of an estoppel certificate shall in no event subject the Person furnishing it to any liability for the negligent or inadvertent failure of such Person to disclose correct and/or relevant information, nor shall such issuance be construed to waive any rights of the issuer to either request an audit of the Common Area Maintenance Costs for any year it is entitled to do so, or challenge acts DECLARATION OF EASEMENTS AND CONDITIONS - 29 DO committed by other Parties for which approval by the Approving Party was required but not sought or obtained O 74 Notices All notices under this DEC shall be in writing and delivered either (a) in person, (b) by reputable over -night delivery service, so long as delivery is made by obtaining a signed receipt, (c) by d+ certified mail, or (d) by facsimile transmission, so long as the original notice is also forwarded by the Gq method described in (a), (b), or (c) WinCo's initial address for notices is as follows O WinCo Foods, Inc © Attention Chief Financial Officer 650 N Armstrong Place 0 P O Box 5756 co Boise, Idaho 83704 Telephone (208) 377-0110 Facsimile (208) 377-0474 with a copy to WinCo Foods, Inc Attention Vice President, Retail Development 400 South Woodland Avenue P O Box 400 Woodburn, Oregon 97071-0400 Telephone (503) 982-4995 Facsimile (503) 982-4908 and with a copy to Lari y E Prince, Esq Holland & Hart LLP 101 South Capitol Boulevard, Suite 1400 Boise, Idaho 83702 Telephone (208) 342-5000 Facsimile (208) 343-8869 Any notice give pursuant to this Agreement shall be deemed effective the day it is personally delivered or transmitted by facsimile, the day after it is delivered to the overnight delivery service, or three (3) business days after the date it is deposited in the United States mail system Upon at least ten (10) days' prior written notice, each Person shall have the right to change its e address to any other address within the United States of America 75 Approval Rights (a) Nothing contained in this DEC shall limit the right of a Party to exercise its business judgment, or act, in a subjective manner, with respect to any matter as to which it has specifically been granted such right, or the right to act in its sole discretion or sole judgment, whether "objectively" reasonable under the circumstances, and any such exercise shall not be deemed inconsistent with any covenant of good faith and fair dealing otherwise implied by law to be part of this DEC, and the Parties intend by this DEC to set forth their entire understanding with respect to the terms, covenants, DECLARATION OF EASEMENTS AND CONDITIONS - 29 d0 00 O O O d� N O O O O N conditions and standards pursuant to which their obligations are to be judged and their performance measured (b) Unless provision is made for a specific time period, each response to a request for an approval or consent shall be given by the Person to whom directed within thirty (30) days of receipt Each disapproval shall be in writing and, subject to (a) above, the reasons shall be clearly stated If a response is not given within the required time period, the requested Party shall be deemed to have given its approval 76 Condemnation In the event any portion of the Shopping Center shall be condemned, the award shall be paid to the Party owning the land or the improvement taken, except that (a) if the taking includes improvements belonging to more than one Party, such as Utility Lines or signs, the portion of the award allocable thereto shall be used to relocate, replace or restore such jointly owned improvements to a useful condition, and (b) if the taking includes easement rights which are intended to extend beyond the term of this DEC, the portion of the award allocable to each such easement right shall be paid to the respective grantee thereof In addition to the foregoing, if a separate claim can be filed for the taking of any other property interest existing pursuant to this DEC which does not reduce or diminish the amount paid to the Party owning the land or the improvement taken, then the owner of such other property interest shall have the right to seek an award for the taking thereof 77 Binding Effect The terms of this DEC and all easements granted hereunder shall constitute covenants running with the land and shall bind the real estate described herein and inure to the benefit of and be binding upon the signatories hereto and their respective successors and assigns who become Parties hereunder This DEC is not intended to supersede, modify, amend, or otherwise change the provisions of any prior instrument affecting the land burdened hereby 7 8 Construction and Inter ret tion (a) This DEC and the Exhibits hereto contain all the representations and the entire agreement between the Parties with respect to the subject matter hereof Any prior negotiations, correspondence, memoranda or agreements are superseded in total by this DEC and Exhibits hereto This DEC has been fully negotiated at arms length between the signatories hereto, and after advice by counsel and other representatives chosen by such signatories, and such signatories are fully informed with respect thereto, no such signatory shall be deemed the scrivener of this DEC, and, based on the foregoing, the provisions of this DEC and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against any Party (b) Whenever required by the context of this DEC (i) the singular shall include the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa, and (n) use of the words "including", "such as", or words of similar import, when following any general term, statement or matter shall not be construed to limit such statement, term or matter to specific items, whether or not language of non -limitation, such as "without limitation", or "but not limited to", are used with reference thereto, but rather shalt be deemed to refer to all other items or matters that could reasonably fall within the broadest scope of such statement, terms or matter (c) The captions preceding the text of each article and section are included only for convenience of reference Captions shall be disregarded in the construction and interpretation of this DEC Capitalized terms are also selected only for convenience of reference and do not necessarily have any connection to the meaning that might otherwise be attached to such term in a context outside of this DEC DECLARATION OF EASEMENTS AND CONDITIONS - 30 (d) Invalidation of any of the provisions contained in this DEC, or of the application thereof to any person by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person and the same shall remain in full force and effect 00 (e) This DEC may be amended by, and only by, a written agreement signed by the then - current Approving Party and shall be effective only when recorded in the county and state where the Shopping Center is located, provided, however, that no such amendment shall impose any materially O greater obligation on, or materially impair any right of a party or its Tract without the consent of such party No consent to the amendment of this DEC shall ever be required of any Occupant or Person other than the Parties To the extent a Parties' consent to an amendment of this DEC is required, each Party CQ CQ may, in a timely fashion, consider, approve or disapprove any such proposed amendment to this DEC in its sole, absolute, and unreviewable discretion without regard to reasonableness C7 0 (f) This DEC may be executed in several counterparts, each of which shall be deemed an 0 original The signatures to this DEC may be executed and notarized on separate pages, and when 0 attached to this DEC shall constitute one complete document CQ 79 Negation of Partnership None of the terms or provisions of this DEC shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise Each Party shall be considered a separate owner, and no Party shall have the right to act as an agent for another Party, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged 7 10 Not a Public Dedicatton Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center or of any Tract or portion thereof to the general public, or for any public use or purpose whatsoever Except as herein specifically provided, no right, privileges or immunities of any Party hereto shall inure to the benefit of any third -party Person, nor shall any third -party Person be deemed to be a beneficiary of any of the provisions contained herein 7 11 Excusable Delays Whenever performance is required of any Person hereunder, such Person shall use all due diligence to perform and take all necessary measures in good faith to perform, provided, however, that if completion of performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, or any cause beyond the A reasonable control of such Person, then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused The provisions of this section shall not operate to excuse any Person from the prompt payment of any monies required by this DEC or the performance of any indemnity obligations hereunder 7 12 Mitigation of Dames In all situations arising out of this DEC, all Parties shall attempt to avoid and mitigate the damages resulting from the conduct of any other Party Each Party hereto shall take all reasonable measures to effectuate the provisions of this DEC 7 13 DEC Shall Continue NotwithstarilLag Breach It is expressly agreed that no breach of this DEC shall (a) entitle any Party to cancel, rescind, or otherwise terminate this DEC, or (b) defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to any part of the Shopping Center However, such limitation shall not affect in any manner any other rights or remedies which a Party may have hereunder by reason of any such breach 7 14 Time Time is of the essence of this DEC DECLARATION OF EASEMENTS AND CONDITIONS - 31 7 15 No Waiver The failure of any Party to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that 0 00 Party may have hereunder, at law or in equity and shall not be deemed a waiver of any subsequent 0 breach or default in any of such terms, covenants or conditions O 7 16 Limitation of Liabilit O O (a) Except as specifically provided below, there shall be absolutely no corporate or personal liability of persons, firms, corporations or entities who constitute a Party hereto, including, but Cq not limited to, officers, directors, employees or agents of a party hereto with respect to any of the terms, ,q1 covenants, conditions, and provisions of this DEC In the event of default by a Defaulting Party O hereunder (as defined in 7 1) any Non -Defaulting Party (as defined in 7 1) who seeks recovery from a Q Defaulting Party hereto shall look solely to the interest of such Defaulting Party, its successors and assigns, in the Shopping Center for the satisfaction of each and every remedy of the Non -Defaulting Party, provided, however, the foregoing shall not in any way impair, limit or prejudice the right of any Party (1) to pursue equitable relief in connection with any term, covenants or condition of this DEC, including a proceeding for temporary restraining order, preliminary injunction, permanent injunction or specific performance, and (ti) to recover from another Party (or its guarantor) all losses suffered, liabilities incurred or costs imposed arising out of or in connection with, or on account of, such Party (or its guarantor) not funding its self insurance obligations which were assumed pursuant to 5 4 8 TERM 8 1 Term of this DEC This DEC shall be effective as of the date first above written and shall continue in full force and effect until 11 59 p m on January 31, 2075, provided, however, that the easements referred to in Article 2 which are specified as being perpetual or as continuing beyond the term of this DEC shall continue in force and effect as provided therein Upon termination of this DEC, all rights and privileges derived from and all duties and obligations created and imposed by the provisions of this DEC, except as relates to the easements mentioned above, shall terminate and have no turther force or effect, provided, however, that the termination of this DEC shall not limit or affect any remedy at law or in equity that a Party may have against any other Party with respect to any liability or obligation arising or to be performed under this DEC prior to the date of such termination IN WITNESS WHEREOF, WinCo has caused this DEC to be executed effective as of the day and year first above written WINCO FO By r.it l.�•t. ary R Piva, CFO (Notary acknowledgment follows) DECLARATION OF EASEMENTS AND CONDITIONS - 32 STATE OF IDAHO ) )ss County of Ada ) 00 On this 110' day of April, 2000, before me, a Notary Public, personally appeared GARY R. PIVA, a�iiw O known or proved to me to be the CFO of WINCO FOODS, INC, an Idaho corporation, the person whose O name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf O of said corporation O d+ IN WTTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year Cq in this certificate first above written d+ O O 0 C+ •9��•..ulips ., Notary Pu IC •` ,i C AN�ro •�,�' Residing at QQ �$f•■% %+ Comm ExpLreS���,� �ud •� 42 4, oT AR I~ G • * AUa�'�•f�Ds. AP 0"00 r$ oV ..••' DECLARATION OF EASEMENTS AND CONDITIONS - 33 00 t� EXHIBIT A © EXHIBIT H EXHIBIT T Q EXHIBIT X eM d� 0 0 v 0 apt 2610063_1 DOC EXHIBITS Legal Description of Shopping Center Submission Guidelines CPI Adjustment Site Plan 0 0z 0010 t- vs EXHIBIT "A" LEGAL DESCRIPTION LOT A, LOT B, LOT C, and LOT D of Binding Site Plan No BSP 97-0001 170 PORTION of TAX LOT No 415920-0710 00 O All that certain real property situate in the City of Federal Way, King County, State of Washington, being O a portion of that certain parcel of land conveyed to Waremart, Inc, as described in deed recorded under O King County Recording No 9806240947, in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows O Commencing at the East Quarter comer of said Section 19, Thence, North 87958'05" West 1166 05 feet, to the Northwest comer of said Waremart Parcel, being a point on the Northeasterly Right -of -Way line of S W Cq Cq Campus Drive as described in Deed to King County recorded under King County Recording 8501170665, Thence, along the Northerly line of said Waremart Parcel, South 81 °45'00" East 666 94 feet, O to the TRUE POINT OF BEGINNING of the herein -described parcel of land, THENCE, leaving said Northerly line, along the line common to proposed "Lot A" and proposed `Tract E" O (Park Dedication Area) of City of Federal Way Binding Site Plan No BSP 97-0001, the following courses O 1) South 31953'59" West 84 56 feet, 2) South 87905'00" West 28 95 feet, co 3) South 02955'00" East 150 75 feet, 4) South 00900'00" West 16125 feet, and, 5) South 89959'48" West 17 82 feet, to a point on the proposed Easterly Right -of -Way line of S W Campus Drive, THENCE, along said Easterly Right -of -Way line, the following courses 1) Southeasterly 139 38 feet, along the arc of a 660 00-foot radius curve, concave Southwesterly and having a radial bearing of South 71916'37" West, through a central angle of 1290558", 2) South 06137'25" East 219 19 feet, 3) South 13'26'56" East 88 35 feet, 4) South 06037'25" East 88 40 feet, 5) Southeasterly 424 05 feet, along the arc of a 340 00-foot radius curve, concave Northeasterly, through a central angle of 71027'36", 6) South 78005'01" East 107 80 feet, 7) South 88052'25" East 36 94 feet, and, 8) Northeasterly 39 26 feet, along the arc of a 25 00-foot radius curve, concave Northwesterly, through a central angle of 89058'37", THENCE, along the Westerly Right -of -Way line of 15 Avenue South as described in Deed recorded under King County Recording No 7303070524, the following courses 1) North 01 °08'58" East 526 51 feet, 2) Northerly 186 42 feet, along the arc of a 958 00-foot radius curve, concave Westerly, through a central angle of 11 "08'56", 3) North 10000'OQ" West 115 01 feet, 4) Northerly 227 54 feet, along the are of a 842 00-foot radius curve, concave Easterly, through a central angle of 15129'00", 5) North 84°31'00" West 8 00 feet, and, 6) Northerly 110 67 feet, along the arc of a 850 00-foot radius curve, concave Easterly, through a central angle of 07"27'35", to the Northeast corner of said Waremart Parcel, THENCE, along the Northerly line of said Waremart Parcel, Southwesterly 44 67 feet, along the arc of a 30 00-foot radius curve, concave Northwesterly and having a radial bearing of North 77003'25" West, through an central angle of 85118'25", THENCE, North 81 "45'00" West 385 70 feet, to the True Point of Beginning The above -described parcel of land contains approximately 12 0191 Acres, more or less End of Description C WRPORTBLUManegel6_Wiskirchen12648045_1 DOG Prepared by Barghausen Consulting Engineers, Inc Mike Hotes Page 1 04/07/00 2648045_1 DOC EXHIBIT H 00 (page 1 of 2) 00 0 SUBMISSION GUIDELINES 0 1 During the conceptual design phase, the constructing party shall submit to the Approving Party the following d+ A Site design documents to indicate the following, to the extent applicable • Parking configurations and car parking count ■ Typical bay width and stall dimensions Q • Drive widths ■ Setbacks CIQ ■ Curb cuts ■ Spot elevations or rough contours + Rough landscape scope s Lighting pole locations B Building design single line plans to indicate the following ■ Exterior wall configuration ■ Doors and store front extent • Canopies and overhangs • Probable column locations C Exterior elevation drawings to indicate the following ■ Opaque wall areas with doors and store fronts 2 After approval has been granted of conceptual design phase submitted in accordance with the guidelines specified in 1 above, the constructing party shall submit final design phase plans to the Approving Party as follows A Site design documents delineating information outlined in the concept phase with the following added detail, to the extent applicable ■ Refined grading plans ■ Selected lighting fixtures and resultant lighting levels in foot candles ■ Landscaping showing generic planting materials and locations ■ Proposed paving section designs and location ■ Utility layouts including hydrants and sizes proposed ■ Proposed details for curbs, site structures, manholes, etc • Proposed site signage designs and locations B Building design plans delineating information outlined in the concept phase with the following added detail ■ Exterior wall thickness ■ Structural columns or bearing walls at building exterior and proposed foundation design at adjoining wall between abutting buildings 00 EXHIBIT H O (page 2 of 2) O O Where common footings are to be shared provide wall or column loan information for design of that footing Proposed roof plan showing slopes and location of penthouses or other major mechanical equipment O References of key flashing details of roof to adjoining building C Exterior elevation drawings delineating information outlined in the concept phase with the following added detail • Proposed building sign standards ■ Paint color chips and samples of other materials such as brick or concrete aggregates (glass or aluminum finishes may be annotated on the elevations) • Proposed large scale details of key section conditions to show exterior design intent • Major penthouses or rooftop equipment profiles • Features such as special masonry patterns, bands or special materials and textures • Rain leaders or scuppers • Wall sections at various exterior locations including at the demising wall to the adjoining building with key vertical dimensioning If a building is to have a through -the -wall pedestrian access connection to an adjoining building, then the final design phase submission shall also include (to the owner of such adjoining building) the following • Plans of the pedestrian mall circulation showing any variations in floor elevations • Elevations/sections of the proposed mall space showing store front sign bulkheads and key dimensions s Proposed ceiling design including special features such as variations in height or skylights • Floor material patterns • Landscaping and mall seating areas • Proposed interior sign guidelines Paint color chips and samples of other materials such as brick or concrete aggregates (glass or aluminum finishes may be annotated on the plans or elevations) • Proposed large scale details of key section conditions to show interior design intent 4 The constructing party shall provide the Approving Party with a complete set of bid documents for the building and/or improvements to be located upon its Tract 2644194_1 DOC EXHIBIT I CPI ADJUSTMENT A As used herein "Index" shall mean the Consumer Price Index All Urban Consumers (CPI-U) all items index, for the greater Seattle, Washington area (or if such an index does not exist for Seattle, Washington. then the U S City Average for such index) published by the United States Department of Commerce, Bureau of Statistics (base year 1982-84=100), or any successor index thereto as hereinafter provided In the event the Index shall hereafter be converted to a different stan- dard reference base or otherwise revised, the determination of the Percentage Increase (defined below) shall be made with the use of such conversion factor, formula or table for converting the Index as may be published by the Bureau of Labor Statistics or, if said Bureau shall not publish the same, then the use of such conversion factor, Formula or table as may be published by the United States Government In the event the Index shall cease to be published, then there shall be substituted for the Index, such other index as most reasonably approximates the Index It is the intent of the Parties that the adjustment provided for in Section 4 2(f) not fail or be ineffective because of the failure to agree upon a new index, and such new index as most reasonably approximates the original Index be used 2 'Base Index" shall mean the Index in effect in the month that the DEC is recorded in the Records of King County, Washington 3 "Anniversary Month" shall mean the month which is one year after the DEC is recorded in the Records of King County, Washington, and the same month each year thereafter 4 "Percentage Increase" shall mean the percentage equal to the fraction, the numerator of which shall be the Index in the Anniversary Month less the Base Index, and the denominator of which shall be the Base Index B If the Index in the Anniversary Month shall exceed the Base Index, then the amount payable pursuant to Section 4 2(f)(i) for the ensuing year shall be increased by the Percentage Increase The Operator or, if there is not an Operator, the Party which has or will pay for the matters described in Section 4 2(f)(i), shall send each owner of a Pad an Index Comparative Statement setting forth (1) the Index in the Anniversary Month preceding the date of the statement, (2) the Base Index, (3) the Percentage Increase, and (4) the increase in the amount payable pursuant to Section 4 2(f)(i) Until such time as an owner of a Pad receives such statement it shall continue to pay the amount payable pursuant to Section 4 2(f)(i) based on the previous annual payment In the event the amount payable pursuant to Section 4 2(f)(i) is increased by the Index Comparative Statement, then the increase shall be paid immediately upon receipt of such statement The amounts payable pursuant to Section 4 2(f)(i) shall only be increased pursuant to the provisions herein and in no event shall it be decreased 2644195_1 DOC CERTIFIED TO 8; ; A TRUE AND CORRECT COPY 0;= 11 11CHNA!. RECORDED Rssi�0.v11nar� _ 10,�_'lAl"1 SEf FIRST MERiIC AN i' : I E INSURANCE lco CfTy COMPANY Es„o+'w D paftpnt AFTi=R itE ORDING MAiI_ TO: Name Andrea Deguzman Address 650 N. Armstrong Place City/State Boise, ID 83704 Document Title(s): 1. First Amendment to Declaration of Easements and Conditions Reference Number(s) of Documents Assigned or released: Grantor(s): 1. WinCo Foods Grantee(s): I. Abbreviated Legal Description: LAKEWOOD KING COUNTY ADD LOTS A & B & D OF FEDERAL WAY LLA# 13-104768 REC #20131224900009 SD LLA BEING LOCATED IN POR OF BLKS 6 & 12 & 18 & 24 OF PLAT OF LAKEWOOD KING COUNTY ADD (SD LLA AKA LOTS A & B & D OF FEDERAL WAY BSP #97-0001 REC # 20001120900005 LESS POR FOR RD) LAKEWOOD PORFO RD BEING LOCATED IN POR OF FEDERALADD LOT C OF S 6 & 2 & 18 & 24 OF PLAT OF LAKEWOOD LESS PO KING COUNTY ADD Tax Parcel Number(s): 4159200710,4159200715,4159200720,4159200725 I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. This document is being re -recorded at the request of Winco Foods to correct the recording Information contained in Recital A therein — the correct recording information for the Declaration of Easements and Conditions referenced therein should be Document No. 20000424000088 recorded on April 24, 2000. Previously recorded on 11/29/2000 as 20001129000245 Attachment(s) evidencing correction: None 20001129000245 PAGE COMMONWEALTH 311.00 1117812M 08:28 KING COUNTY, WA Return Address: Lary E. Prince, Esq. Holland & Hart LLP PO Box 2527 Boise, ID 83702 ■■aaaaaarrrrarrrrraararra■■■rayraa■rrraraaararrarrr■■rraarrr:arrraawrr� Document Title(s) (or transactions contw erein): c1/�j/00 1. First Amendment to Declaration of ents and Conditions 2. DaMMORWEALTH LAND TM 3. ��7�,{�(,,` REF: 4�aaarrrrraar■roar■■rr■raa■rrarawaeaYrrr■araa■rsii■ZrYi`■�r'• aaarrr'+waa� Reference Numbers) of Documents 2000051500678 ■■rrrraarraaraaarrrawrwrarraaarrwarraaarrrra■arrrraaarrrrarraaarrrara� Grantor(s) c114 1. Winco Foods, Inc., an Idaho corporation 0 a 2. 0 3. rn 4. Additional names on page of document.. c-4 wraaarraarrrrarrarrrraarrraaraararrarraaarrasaaraarraarwiaarawarrr■:a� o 0 1. cci 2 3. 4 Additional names on page of document ■■aarraaarrraarrarr■aarraaar■aarraarraaaaraaarrraaraaaarrrraararrraa Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on pages of document srrrarrrrrrrarsarrrrarrrarrraaarrwrrarararaaarawrraaarrrraarrrawr00301 Assessor's Property Tax ParcellAccount Number Additional parcels are on page of document ■awrarrrararrrrrarrrrar■rarrawrrrrraarrrrrrraaarraaaraaar■rwwraarraw� The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. .' a r , ■ a ` r .. r ■ ■ ■ " a am Washington State Gounty Auditor/Recarder's■ ■ ■ ■ ■ ■ ■ Indexing Form (Cover Sheet) E-X�ibE TAX NOT REQ:1 RED RwIds DIMIS1011 13 Qep�ly Filed for Record at the Request of: WinCo Foods, Inc. P.O. Box 5756 Boise, Idaho 83705 AFTER RECORDING MAIL TO: Larry E. Prince, Esq. Holland & Hart LLP P.O. Box 2527 Boise, Idaho 83702 Space for Recorder's Use Federal Way, Washington FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND CONDITIONS THIS FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND CONDITIONS (the "Amendment') is made and entered into as of the 20" day of June, 2000 by WINCO FOODS, INC., an Idaho corporation which was formerly known as Waremart, Inc. ('WinCo'). RECITALS L!'J o This Amendment is made with reference to the following facts and objectives: � A. WinCo has caused a Declaration of Easements and Conditions to be recorded in the real property records of King County, Washington on or about May 10, 2000, as document number 20000510000678 (the "DEC"). C-3 B. WinCo is the owner of the real property described in the DEC. Ca CZD C. WinCo desires to amend the DEC in the manner set forth in this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Amendment to Section 3.3fei. Section 3.3(e) is hereby deleted in its entirety and replaced with the following: (e) No building or other structure (exclusive of any light poles, free standing signs referred to in 5.3 or flag poles referred to in 5.3 (a)) shall exceed the following size and height restrictions: CID ca ca c�a TRACT HEIGHT ALLOWABLE FLOOR AREA On the WinCo Tract 40 feet 85,000 square feet On Pad B 25 feet 3,200 square feet On Pad C 28 feet 4,100 square feet On Pad D 30 feet 11,500 square feet The height of any building shall be measured perpendicular from the finished floor elevation to the top of the roof structure, including any screening, parapet, penthouse, mechanical equipment or similar appurtenance located on the roof of such building. PROVIDED, HOWEVER, the height of each building pad shall be subject to the prior written approval of the Approving Party. Any Party shall have the right to install, maintain, repair, replace and remove Communica- tions Equipment on the top of the building on its Tract so long as it does not extend above the height limits established above; provided, however, such Communication Equipment shall be screened so that it is not visible by customers. As used herein, the phrase "Communications Equipment" means such things as satellite and microwave dishes, antennas and laser heads, together with associated equipment and cable. 2. Amendment to Section 4.2 e . Section 4.2(e) is hereby deleted in its entirety and replaced with the following: Each owner of Pads B, C, and D shall, at its sole cost and expense, maintain, repair, and/or replace the Common Area on its Tract in accordance with the requirements of 4.2(a) above. It is recognized and acknowledged that certain maintenance items within the Common Area of the entire Shopping Center benefit Pads B, C, and D, and cannot be practically segregated from or allocated to Pads B, C, and D. These items are the maintenance, repair, and/or replacement of the accesses to and the main driveways in the Shopping Center, the landscaping and irrigation of areas on the exterior boundary of the Shopping Center, the off -site landscaping and irrigation and the Common Utility Lines. Each owner of Pads B, C, wad D shall, in -addition to ritaintainirig, repairing, and/or replacing the Common Area on its Tract, pay the Operator, or if there is not an Operator, the Party which has or will be paying for same, the following: (i) the annual amount of $35 per square foot of Floor Area located on the particular Tract payable in advance on the earlier of (A) the substantial completion of a building on the Tract, or (B) the opening of a business on the Tract and continuing each year on January 1 each year thereafter; and (ii) the amounts payable as provided in 4.2(a)(vi) for maintaining, cleaning, replacing, and repairing any and all Common Utility lines. The annual payment set forth in (e)(i) above shall be adjusted each year to reflect increases in the Consumer Price Index in accordance with Exhibit I hereof. Each owner of Pad B, C, and D agrees to defend, indemnify, and hold each other Party ("Indemnitee") from and against all claims, costs, losses, expenses, and liability (including reasonable attomey fees and costs of suit) arising from or directly or indirectly relating to the maintenance, use or operation of the Common Areas located on its Tract, except for claims caused by the negligence or willful act C14 or omission of such Indemnitees. 3. Restatement of DEC. The DEC, as modified by this Amendment shall remain in full and effect according to its terms. IN WITNESS WHEREOF, WinCo has caused this DEC to be executed effective as of the day and year first above written. WINCO FOODS, INC., an Idaho corporation ByZ M-r . ARY R. PIVA, Chief Financial Officer STATE OF IDAHO, ) . ) ss. County of Ada. ) On this �k day of June, 2000, before me, a Notary Public, personally appeared GARY R. PIVA, known to me to be the Chief Financial Officer of WINCO FOODS, INC., an Idaho corporation, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. cv !�' a° r � PVC 6 �'•• `ETA TB 2675599 1.DQC "+ 61fins Notary Public Residing at: My Commission expires: 3� aad co CL cc AM m� N l7 M fV PROJECT: 11381 RECOMMENDED CONFIGURATION - 0FJG. COND. DISCHARGE NAME: QUADRANT - WAREMARI SPREADSHEET USED TO SIZE THE POND BASED ON MAXIMUM DISCHARGE CRITERIA POND VOLUME IS CORRECTED ACCORDING TO VOLUME LOST TO BIOFILTRATION SWALE CONSTRUCTION 50Yr Max SW Cam 30.3 cfs =Yr max - 36.4 cfs CREATED INPUT FILES FOR THIS CONFIGURATION ARE RE20RALL.INP AND R20RF100.iNP A inEflal 43560 sq. ft. • 1.00 acres Bloswale dell n criteria L to W ratio 2 ft/ft L 295.16 ft W 147.58 it S 3 ft H: ft V Bottom elevation 245.5 ft Rows - 10 Columns = r ADI E DS invert 261.4 Length 200 it Side slopes 3 ft/ft 3 Bottom width 33 it Row depth 0.67 it Actual slope 0.005 ft/ft US Invert 252.4 ft (251.73) 5 R x C = 50 Stage It Depth it Area acres Cumulative Volume acre-ft Total Discharge Gfs SPlllway discharge cis Orifice #1 Discharge cis Orifice #2 Discharge cfs Weir Discharge cis 245.50 0,00 1.00 0,00 0.00 a00 0.00 0,00 0.00 246.75 1.26 1.08 0198 0.00 0.00 0.00 0,00 0,00 248.00 2.50 1.16 2.08 1.07 0.00 1.07 0.00 0.00 260.00 4.50 1.29 4,09 1.73 0.00 1.73 0.00 0.00 253.25 7.76 1.52 8.08 2.45 0.00 2.45 0.00 0.0D 256.50 11.00 1.77 13.43 4.73 0.00 3.00 1.73 0.00 256.60 11.10 1.78 13.61 4.78 0.00 3.02 1.76 0.00 257.00 11.50 1.81 14.32 4.94 2.48 3.08 1.86 0.00 257.60 12.10 1.86 15.42 6.171 9.811 3.171 2.00 0.00 258.00 12-601 1.891 16.17 6.32 16,261 3.221 2.09 0.00 258.50 13.001 1,931 17.13 5.50 25.691 3.291 2.201 0.00 Discharge assumptions: Orifice 1: Dlamefef • 6 In Dis coeff 0.61 Invert - 246.75 ft Orifice 2: Diameter - 6 In Dis coeff = 0.61 Invert = 253.25 ft welt: Diameter = 21 In Las%ofC= 20% Length - 1.10 it (calculated per page 2,2,7-2 of I(Ing County Manual) Invert = 259 It P% 12.25 ft plllway to the Bollfla,ds boom width = 3 it low length = 20 it xschorge coefficient - 3.27 (Henderson, Open Channel Flow, p. 181) ottom elevation = 266.60 it Pond with 2 Orifices and Vol lost to Bloswale.xls 3123/98 Pond with 2 Orifices Page 1 1:30 AM y,..] Larson &Associates surveyors, e►rgrneVw & planners 9027 Pacific Avenue, Suite 4 Tacoma, WA 98444=6247 CITY F FEDERA.L WAY OOMMUNF Y OEVELOPMEN j FEDERAL WAY COMMERCIAL. (LOT B) PRELIMINARY TECHNICAL INFORMATION REPORT WITH -LEVEL 1 DOWNSTREAM ANALYSIS September 11, 2017 PROPONENT: Covenant Group 2044 California Ave. Corona, CA. 92881 Contact: Julie Margetich Ph: (951) 582-5745 PREPARED BY: Larson & Associates surveyors, engineers & planners 9027 Pacific Avenue, Suite 4 Tacoma, WA 98444-6247 (253) 474-3.404 00 NfM,.- A TA ; Lr E mF�l co -wi ofT, - F , PROJECT ENGINEER'S CERTIFICATION........... PRELIMINARY T.I.R. PROJECT OvpAV]BW ................ EXISTING SITE CONDITIONS S UMMARY CORE REQUIREMENT #l:DISCHARGE AT TT-JE NATURAL LOCATION2 CORE REQUIREMENT #2: CONDITIONS AND REQUIREMENTS SUMMARY 2 CORE REQUIREMENT #3: FLOW CONTROL ....................... 3 CORE REQUIREMENT #4:coNvEyANCE SYSTEM ...... * ....... *,,**,,*,* ..... * ............ 3 CORE REQUIREMENT #5: CONSTRUCTION STORMWATER POLLUTION pRF 'PL - ' ..................................... 3 PREVENTION AN ..................................... 4-9 CORE REQUIREMENT #6: MAINTENANCE AND OPERATION . ..................................................................................... CORE REQU]REMENT#7:FINANCIAL GUARANTEES A 9 CORE REQUiREMENT#g: WATER QUALITY ................ AND LIABILITY .......................................................................... 9 ................................................................................................ CORE REQUIREMENT#9:FLOW CONTROL BMPS 9 .. ............. ...... ... SPECIAL REQUMEMENT #1: OTHER ADOPTED AREA SPECIFIC . REQUIRE . MEN . TS ............................................................ 9-10 SPECIAL REQUIREMENT #2: FLOOD HAZARD AREA DEL ......................................... 10 SPECIAL REQUIREMENT #3: FLOOD PROTECTION FACILITIESMMTION .......................................................................... 10 ................................. 10 SPECIAL REQUIREMENT #4: SOURCE CONTROL SPECIAL REQUIREMENT #5: OIL PROJECT AREA TABLES: ........ 10 ............... 10 .......................................................................................................... I I CONVEYANCE SYSTEM CALCULATIONS.... ................... CONTECH FILTERRA WWmj SIZING CALCUL.......................................................................... 12-16 ATION........................ .......................................... 17-18 LEVEL 1 AND LEVEL 2 FLOW CONTROL CALCULATIONS ................................................................. 19-27 APPENDIX...................................................................... . ................ . ................................. I-- ... . ................ Al-A7 DEPARTMENT OF ECOLOGY G-U LD. LETTER FOR CONTECj FILTERRA VAULT GEOTECMCAL ENGINEERING STUDYpREpARpD By KRAZAN........................................ ..................... VICZMMAP .................................................. . ..................................... ...................... Al O-A44 SCS SOILS INFORMATION... A45 FLOOD INSURANCE RATE MAP ........................... .................................................. ............A46-A48 LEIS WNSTREAM ANAYLSIS MAP ............... .... ...A49 PRE OPED AND DEVELOPED BASIN MAP ................-A51 ............................................................ A5,0. A52 i PROIF�T EN.G,IN�FR'S CEKTIFICARON I hereby state that this Preliminary Technical Information Report for Federal Way Commercial of S has been prepared by me or under my supervision and meets the standard of care and expertise which is usual and customary in this community for professional engineers. I understand that the City of Federal Way does not and will not assume liability for the sufficiency, suitability, or performance of pollution prevention facilities prepared by me. Jeff. . Cederholm, P.E. 47-1, Gli OA7104 1 AV iiank .�C78TERE�?l�v �' �IaNAL Pat -F � LIT M��-T N�,!( Ar", -R % SECTION 1- PROJECT OVERVIEW This preliminary technical information report has been prepared to obtain clearing and grading and site development permits for the proposed construction of commercial building which will contain a dentist office and retail space located in a portion of Sec.19,TWN. 21N, RNG. 4E Willamette Meridian, Federal Way, King County, Washington. The site is immediately adjacent to SW Campus Drive to the west and I" Ave. S. to the east. The project site consists of approximately 1.5 acres and is located on parcel number 4159200715. The proposed building will be approximately 5,000 SF. The proposed building will be constructed over existing parking lot area that will be removed. There will be minimal cuts/fills (5500CY's) anticipated as this lot is essentially building pad ready with minimal "fill" to construct final pad grade and "drive-thru" isle. Proposed impervious surface associated with building footprint will be tightlined to the Storm Vault for detention, which is downstream of treatment device, prior to being meter released to the existing storm system located at the southwest comer of the property. Roof stormwater is deemed "clean" per Department of Ecology standards and therefore can bypass the Contech Filterra treatment vault. The stormwater from the impervious "drive-thru" isle will be collected via gutter flowline and routed to and through the proposed Contech Filterra treatment vault and then to the Storm Vault for detention prior to being meter released to the existing storm system located at the southwest corner of the property. We are proposing grind and overlay of the existing drive isle and parking lot east of the proposed building. Due to this just being a maintenance act, this area will not be subject to quality or quantity control. This project is within the Federal Way Community Planning area and is within the Puget Sound Drainage Basin. EMSTING CONDITION SUMMARY The parcel contains existing asphalt parking and drive isle area with perimeter concrete curbing which will be removed to allow for proposed building construction. There are also existing stormwater features and structures located on this parcel which will reirnain and be protected including an underground stormwater "wet vault", underground oil/water separator vault, "grassed" bioswale and existing retaining wall which are located outside and to the west of the proposed building pad area within an existing storm easement. CORE REQUIREMENT #I- DISCHARGE AT THE NATURAL LOCATION The stormwater generated by this proposal will be collected in associated catchbasins and discharged in the natural location to existing 30" diameter storm pipe at the southwest portion of the project along SW Campus Drive. The proposed development of this parcel will not alter the existing drainage patterns of the basin nor will it direct stormwater flows offsite across property boundaries to adjacent properties. 2 CORE REQUIREMENT #Z: OFF -SITE ANALYSIS Please refer to Section 3 of the Ist Avenue Basin Pond Technical Information Report prepared by Brown & Caldwell for the downstream analysis portion of this project. A detailed analysis was previously performed qualifying the existing impervious coverage and associated runoff within the offsite drainage system. Furthermore, this proposal will be reducing contributing total impervious area runoff and pollution generating impervious area runoff from the current condition as a parking lot. LEVEL 1 DOWNSTREAM ANALYSIS DISCUSSION: Stormwater discharge from the site will enter the existing SDMH located in southwest comer of the property prior to being discharged through a±200 LF - 30" diam. culvert running under SW Campus Drive which then appears to release flows to an unnamed stream. From this point flows appear to be routed within the stream channel south — southeast an additional ±1200 feet to 16t Ave. S, culvert crossing where upon this required qualitative % mile downstream analysis has been terminated. From vision inspection there did not appear to be any capacity issues or maintenance concerns with the existing storm system at our project frontage releasing flows across SW Campus Drive. See the Appendix of this report for a Level 1 Downstream Analysis map for additional information. CORE REQUIREMENT #3: FLOW CONTROL This project is located within the lst Avenue Soutli basin regional detention pond basin. The stormwater detention volume for this parcel was included in the previous analysis and design of the existing 1st Avenue South basin pond. See the TIR report previously prepared by Brown & Caldwell dated November 6, 1997 for additional information associated with the analysis and design. After discussion with the City of Federal Way on the understanding of what flow control volume "credit" this project would receive from the previously constructed 1" Ave. S. Basin pond it was determined that our parcel currently meets Level 1 flow control with existing pond consideration. The city then requested that we size a "hypothetical" flow control facility to meet Level 1 flow control requirements and again to size a flow control facility to meet Level 2 flow control meeting the requirements of the 2016 King County Stormwater manual. It was then understood that we would simply be required to provide the deficit in volume between these two levels of analysis. The Level 1 flow control detention facility was designed to meet Level 1 flow control to today's standards matching the existing site conditions 2 and 10 year peak flows. Then we sized a "new" detention facility meeting Level 2 flow control to today's standards applying historic site conditions which match historic durations for 50% of the 2 year through 50 year peak and matches 2 and 10 year peaks. The required volume difference between Level 1 and Level 2 flow control requirements has been determined to be 2,730 CF at detention facility riser crest elevation. We have now proposed an underground detention vault facility achieving this volume of 2,730 CF for this project on the south side of the proposed building within the landscape area to meet flow control facility requirements. The proposed vault will receive tighlined flows from proposed building roof drain connection and runoff associated with the proposed drive thru lane and dumpster pad area. Stormwater will then be metered back out to the existing storm system located in the southwest corner of the property meeting required release rates. CORE REQUIREMENT #4i CONVEYANCE SYSTEM Stormwater runoff generated from this proposal associated with existing and new pollution generating impervious surfaces on this parcel will be collected by associated catchbasins and routed to and through a treatment vault system and storm vault facility via 6"-10" storm pipe discharging flows to the existing storm system at the southwest corner of the property. A 6" roof drain tightline pipe will be provided for connection and routing of roof surface water around the treatment system and to the storm vault. See attached conveyance calculations in the Appendix of this report for pipe size adequacy evaluation. CORE REQUIREMENT #Sa CONSTRU CTION STORMWATER POLLUTION PREVENTION Stormwater pollution prevention will be maintained during the construction of this site by incorporating standard erosion control methods such as a temporary construction entrance and mirafi siltation fences. The following devices will be used to trap sediment from the cleared areas and prevent it from leaving the site. Mirafi silt fences will be installed along the perimeter to stop any sediment runoff from exiting the project limits. Inlet sediment protection will also be installed in all existing and proposed catchbasin locations which have inlet grates to trap sediment and prevent it from entering the storm system. The following general Washington State Elements shall be upheld at all tunes during the construction process. 1), Mark Clearing Limits Prior to beginning land disturbing activities, including clearing and grading, all clearing limits shall be clearly marked in the field and trees that are to be preserved shall be clearly marked within the construction area. These shall be marked, both in the field and on the plans, to prevent damage and offsite impacts. 2) Cover Measures This project is currently stabilized with existing impervious surfaces associated with parking lot areas and limits of work will be minimal to construct building pad over existing parking lot. Once asphalt parking lot demolition occurs the building pad will be constructed for building and drive isle and associated landscape areas will be seeded/sodded and/or planted to stabilize exposed pervious areas. 3) Perimeter Protection Prior to demolition activities commencing offite perimeter silt fence shall be installed around the proposed disturbance area to protect again possible sedimentation offsite. 11 4) Traffic Area Stabilization It is not anticipated that this proposal will require specific stabilization of traffic areas due to limited scope to construct new storm conveyance system, side sewer and water service on the parcel. 5) Sediment Retention Again, prior to clearing/grading and/or demolition activities commencing onsite perimeter silt fence shall be installed around the proposed disturbance area to protect again possible sedimentation offsite and these measures shall be maintained regularly throughout construction. 6) Surface Water Collection Surface water collection will be at existing and proposed catchbasin locations which will be provided with inlet sediment control "socks" to trap sediment and prevent it from entering the storm system. 7) Dewatering Control Due to the size and scope of the this project to construct a commercial building at an existing parking lot location we do not anticipate dewatering measures being necessary for this project. 8) Dust Control Again, due to the size and scope of the this project to construct a commercial building at an existing parking lot location we do not anticipate dust control being a concern for this proj ect. 9) Flow Control Flow control will be achieved within existing and proposed catchbasin locations which will be provided with inlet sediment control "socks" to trap sediment and prevent it from entering the storm system. 10) Control Pollutants Pollutant Control will be achieved within existing and proposed catchbasin locations which will be provided with inlet sediment control "socks" to trap sediment and prevent it from entering the storm system. There will also be onsite perimeter silt fence installed around the proposed disturbance area to protect again possible sedimentation offsite and these measures shall be maintained regularly throughout construction. 11) Protect Existing and Proposed Flow Control BMPs The existing and proposed storm system onsite will be protected throughout construction with proposed inlet sediment protection devices (ie silt socks) at catchbasin inlet grate locations. The existing storm system on the parcel will be field located prior to construction so it is fully understood where the facilities are located so the contractor can then incorporate necessary protection of said facilities. 0 12) Maintain BMPs All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function in accordance with BMP specifications. All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. 13) Manage the Project • Inspection and Monitoring All BMPs shall be inspected, maintained, and repaired as needed to assure continued performance of their intended function. Site inspections and monitoring shall be conducted in accordance with S4. * Maintaining an Updated Construction SWPPP The SWPPP shall be maintained, updated, and implemented in accordance with Conditions S3, S4 and S9. Monitorinix Re uiremients The primary monitoring requirements are summarized in Table 3 (below): Table 3. Summary of M nitoring Re uirements Size of Soils Disturbance Weekly Weekly Weekly Weekly Site Sampling Sampling w/ pH Inspections w/ Transparency 3 sampling Turbidity Tube Meter Sites which disturb less Required Not Not Required Not than 1 acre Required Required Sites which disturb 1 acre Sampling Required — either or more, but less than 5 Required method Required acres Sites which disturb 5 acres Required Required Not s Required or more Re uired Additional monitoring requirements may apply for: 1) discharges to 303(d) listed waterbodies and waterbodies with applicable TMDLs for turbidity, fine sediment, high pH, or phosphorus — see Condition S8; and 2) sites required to perform additional monitoring by Ecology order — see Condition G13. 2 Soil disturbance is calculated by adding together all areas affected by construction activity. Construction Activity means clearing, grading, excavation, and any other activity which disturbs the surface of the land, including ingress/egress from the site. 3 Beginning October 1, 2006, if construction activity involves significant concrete work or the use of engineered soils, and stormwater from the affected area drains to a stormwater collection system or other surface water, the Permittee shall conduct pH sampling in accordance with Condition S4.D. 4 Beginning October 1, 2008, sites with one or more acres, but less than 5 acres of soil disturbance, shall conduct turbidity or transparency sampling in accordance with Condition S4.C. 5 Beginning October 1, 2006, sites greater than or equal to 5 acres of soil disturbance shall conduct turbidity sampling using a turbidity meter in accordance with Condition S4.C. A. Site e Log Book The Permittee shall maintain a site log book that contains a record of the implementation of the SWPPP and other permit requirements including the installation and maintenance of BMPs, site inspections, and stormwater monitoring. B. Site Inspections 1. Site inspections shall include all areas disturbed by construction activities, all BMPs, and all stormwater discharge points. Stormwater shall be visually examined for the presence of suspended sediment, turbidity, discoloration, and oil sheen. Inspectors shall evaluate the effectiveness of BMPs and determine if it is necessary to install, maintain, or repair BMPs to improve the quality of stormwater discharges. Based on the results of the inspection, the Permittee shall correct the problems identified as follows: a. Review the SWPPP for compliance with Condition S9 and make appropriate revisions within 7 days of the inspection; and b. Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but no later than 10 days of the inspection; and c. Document BMP implementation and maintenance in the site log book. 1 2. The site inspections shall be conducted at least once every calendar week and within 24 hours of any discharge from the site. The inspection frequency for temporarily stabilized, inactive sites may be reduced to once every calendar month. 3. Site inspections shall be conducted by a person who is knowledgeable in the principles and practices of erosion and sediment control. The inspector shall have the skills to: a. Assess the site conditions and construction activities that could impact the quality of stormwater, and b. Assess the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. 4. Beginning October 1, 2006, construction sites one acre or larger that discharge stonmwater to surface waters of the state, shall have site inspections conducted by a Certified Erosion and Sediment Control Lead (CESCL). The CESCL shall be identified in the SWPPP and shall be present on -site or on -call at all times. Certification shall be obtained through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (see BMP C160 in the Manual). 5. The inspector shall summarize the results of each inspection in an inspection report or checklist and be entered into, or attached to, the site log book. At a minimum, each inspection report or checklist shall include: a. Inspection date and time. b. Weather information; general conditions during inspection and approximate amount of precipitation since the last inspection, and within the last 24 hours. c. A summary or list of all BMPs which have been implemented, including observations of all erosion/sediment control structures or practices. d. The following shall be noted: i. locations of BMPs inspected, ii. locations of BMPs that need maintenance, iii. ' the reason maintenance is needed, me• iv. locations of BMPs that failed to operate as designed or intended, and v. locations where additional or different BMPs are needed, and the reason(s) why. e. A description of stonnwater discharged from the site. The inspector shall note the presence of suspended sediment, turbid water, discoloration, and/or oil sheen, as applicable. f. Any water quality monitoring performed during inspection. g. General comments and notes, including a brief description of any BMP repairs, maintenance or installations made as a result of the inspection. h. A statement that, in the judgment of the person conducting the site inspection, the site is either in compliance or out of compliance with the terms and conditions of the SWPPP and the permit. If the site inspection indicates that the site is out of compliance, the inspection report shall include a summary of the remedial actions required to bring the site back into compliance, as well as a schedule of implementation. i. Name, title, and signature of the person conducting site inspection; and the following statement: "I certify that this report is true, accurate, and complete, to the best of my knowledge and belief'. CODE REQUIRED ENT : MAINTENANCE AND OPERATION A maintenance and operation manual will be developed during the final engineering stage of this project. CORE, REQUIREMENT 7-. FINANCIAL GUARANTEES AND LIABILITY This will be addressed during final engineering plan review and construction. CORE REQUIREMENT #$: WATER: QUALITY Formal water quality treatment has been provided for this project utilizing a Contech Filterra treatment vault which will provide the necessary enhanced "basic" water quality treatment necessary per Department of Ecology and the City of Federal Way requirements. The proposed Contech Filterra treatment vault will also provide oil/water separation of stonnwater which the City of Federal Way has informed us will be required due to the site's anticipated traffic volume. See the Department of Ecology Letter located in the Appendix of this report describing the General Use Level Designation (GULD) 0 issued by the Department of Ecology for the Contech Filterra treatment system to provide enhanced "basic" treatment of stormwater. CORE REQUIREIIIENT #9; FLOW CONTROL B11IPS Regarding flow control BMP implementation for this project it has been deemed infeasible to propose any form of infiltration BMP and/or full dispersion/bioretention due property size, limited onsite pervious surface area for "dispersion" of stormwater and due to onsite soil conditions as specified in the geotechnical infiltration evaluation letter prepared by Krazan located in the Appendix of this report. We have, however, proposed soil amendment of all disturbed pervious surfaces/landscape areas associated with this project meeting 2016 King County stormwater manual requirements and soil amendment criteria. SPECIAL REQUIREMENT #I: OTHER ADOPTED AREA SPECIFIC REQUIREMENTS There are no additional adopted area specific requirements that we are aware of that must be adhered to for this development proposal. SPECIAL REQUIREMENT #2: FLOOD HAZARD AREA DELINEATION The proposed project does not contain or abut a stream, lake, wetland or closed depression that would require such a study to be performed therefore this does not apply to this project. SPECIAL REQUIREMENT #3: FLOOD PROTECTION FACILITIE'S This project does not contain or abut a stream therefore this special requirement does not apply to this project. SPECIAL REQUIREMENT #4: SOURCE CONTROL A source control plan will be developed during the final engineering stage of this project. SPECIAL REQUIREMENT #5. OIL CONTROL The proposed Contech Filterra treatment vault will also provide oil/water separation of stormwater which the City of Federal Way has informed us will. be required due to the site's anticipated traffic volume. See the Department of Ecology Letter located in the Appendix of this report describing the General Use Level Designation (GULD) issued by the Department of Ecology for the Contech Filterra treatment system to provide oil/water separation. "FEDERAL WAY COMMERCIAL (LOT Bl" PROJECT AREA TABLES: ONSITE EXISTING CONDITIONS TABLE: TOTAL AREA=1.157 ACRES PERVIOUS AREA= 0.422 ACRES IMPERVIOUS AREA (EXISTING PARKING LOT) = 0.735 ACRES EX. PARKING LOT & CURBING (TO BE REMOVED) = 0.275 ACRES EX. PARKING LOT & CURBING (TO REMAIN) = 0.244 ACRES to EX. SIDEWALK (TO BE REMOVED) = 0.019 ACRES EX. SIDEWALK (TO REMAIN) = 0.035 ACRES EX. DRIVE ISLE & CURB (TO REMAIN) = 0.162 ACRES ONSITE PREDEVELOPED AREA TABLE ROUTED TO DETENTION FACILITY TOTAL AREA = 0.294 ACRES PERVIOUS AREA = 0.294 ACRES (MODELED AS TILL FOREST) ONSITE DEVELOPED AREA TABLE ROUTED TO DETENTION FACILITY TOTAL AREA = 0.294 ACRES PERVIOUS AREA = 0.034 ACRES IMPERVIOUS AREA = 0.260 ACRES PROPOSED BUILDING ROOF AREA = 0.118 ACRES PROPOSED DRIVE THRU ISLE & CURB = 0.093 ACRES PROPOSED SIDEWALK = 0.040 ACRES PROPOSED DUMPSTER PAD & CURB = 0.009 ACRES DEVELOPED AREA TRIBUTARY TO "FILTERRA" STORMWATER TREATMENT VAULT TOTAL AREA = 0.142 ACRES IMPERVIOUS AREA = 0.142 ACRES PROPOSED DRIVE THRU ISLE & CURB = 0.093 ACRES PROPOSED CONC. SIDEWALK = 0.040 ACRES PROPOSED DUMPSTER PAD & CURB = 0.009 ACRES. \k CONVEYANCE SYSTEM CALCULATIONS ez CONvE11A-NCt' SqsfFA tALCI MGS FLOOD PROJECT REPORT Program Version: MGSFlood 4.41 Program License Number: 200810006 Project Simulation Performed on: 08122/2017 3:05 PM Report Generation Date: 0812212017 3:06 PM Input File Name: Conveyance Calc..fld Project Name: Federal Way Commercial (Lot B) Analysis Title: Conveyance Calc. Comments: PRECIPITATION INPUT Computational Time Step (Minutes): 60 Extended Precipitation Time Series Selected Climatic Region Number: 0 Full Period of Record Available used for Routing Precipitation Station: 96004005 Puget East 40 in-5min 10/01/1939-10/01/2097 Evaporation Station 961040 Puget East 40 in MAP Evaporation Scale Factor 0.750 HSPF Parameter Region Number: 1 HSPF Parameter Region Name : USGS Default ********** Default HSPF Parameters Used (Not Modified by User) *************** ********************** WATERSHED DEFINITION PredevelopmentlPost Development Tributary Area Summary Predeveloped Post Developed Total Subbasin Area (acres) 0.294 0,294 Area of Links that Include Precip/Evap (acres) 0.000 0.000 Total (acres) 0.294 0.294 --------....__,_SCENARIO: PREDEVELOPED Number of Subbasins: 1 --- ----- Subbasin : Subbasin 1---------- ------- Area (Acres) -------- Till Forest 0.294 Subbasin Total 0.294 ----------- —--------- SCENARIO: POSTDEVELOPED Number of Subbasins: 1 -------- Subbasin: Subbasin 1 -----Area (Acres) Till Pasture 0.034 Impervious 0.260 Subbasin Total 0.294 LINK DATA***,�*************************** `3 5l:tNHKIV: rKtuCv1=Lvrr-u Number of Links: 0 *+++++*+*+****+*+**+*+*++ LINK DATA ******+*+**e+**+***r**+**+*** --------------------SCENARIO: POSTDEVELOPED Number of Links: 0 **********************FLOOD FREQUENCY AND DURATION STATISTICS******************* --------------------SCENARIO: PREDEVELOPED Number of Subbasins: 1 Number of Links: 0 ---------------------SCENARIO: POSTDEVELOPED Number of Subbasins: 1 Number of Links: 0 ***********Groundwater Recharge Summary * *********** Recharge is computed as input to Perind Groundwater Plus Infiltration in Structures Total Predeveloped Recharge During Simulation Model Element Recharge Amount (ac-ft) Subbasin: Subbasin 1 50.976 Total: 50.976 Total Post Developed Recharge During Simulation Model Element Recharge Amount (ac-ft) Subbasin: Subbasin 1 6.027 Total: 6.027 Total Predevelopment Recharge is Greater than Post Developed Average Recharge Per Year, (Number of Years=168) Predeveloped: 0.323 ac-ftlyear, Post Developed: 0.038 ac ftlyear ***********Water Quality Facility Data ************* --------------------SCENARIO: PREDEVELOPED Number of Links: 0 --------------------SCENARIO: POSTDEVELOPED Number of Links: 0 ***********Compliance Point Results ************* Scenario Predeveloped Compliance Subbasin: Subbasin 1 Scenario Postdeveloped Compliance Subbasin: Subbasin 1 *** Point of Compliance Flow Frequency Data *** Recurrence Interval Computed Using Gringorten Plotting Position Predevelopment Runoff Postdevelopment Runoff Tr (Years) Discharge (cfs) Tr (Years) Discharge (cfs) 1L1 2-Year 6.242E-03 2-Year 7.334E-02 5-Year 1.065E-02 5-Year 9.389E-02 10-Year 1.326E-02 10-Year 0.106 25-Year 1.710E-02 25-Year 0.123 50-Year 2.059E-02 50-Year 0.137 100-Year 2.472E-02 100-Year 0.15544 Ub 'VD SIZrb V*16 t%6 Nil 565-V) 200-Year 3.343E-02 200-Year 0.167 ** Record too Short to Compute Peak Discharge for These Recurrence Intervals �s Worksheet Worksheet for Circular Channel Project Description Worksheet 6" Conveyance Flow Element Circular Chann( Method Manning's Forrr Solve For Channel Depth Input Data Mannings Coeffic).010 Slope 0.50 % Diameter 6 in Discharge 0.16 cis A low -Ilk fLOW (SEF, QREvt)115 5tkEE-0 Results Depth 0.19 ft Flow Area 0.1 ftZ Wetted Perime 0.66 ft Top Width 0.48 ft Critical Depth 0.20 ft Percent Full 37.6 % Critical Slope 0.43 % Velocity 2.30 fUs Velocity Head 0.08 ft Specific Energ, 0.27 it Froude Numbe 1.09 Maximum Disc 0.55 cis Discharge Full 0.52 cfs Slope Full 0.05 % Flow Type supercritical & D.5o' 1) ((- Project Englneer: Jeff Cederholm federal way commercial lot h conveyance calc.fm2 Larson & Associates FlowMaster v6.1 [614k] 06/22/17 03:38:17 PM 0 Haestad Methods. Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 t6 STORM FILTER MANHOLE SIZING CALCULATIONS 0� Lo1')TEC(4 fi 1 L�E9?-A S tztrvc'� @tiffitEffd 0 AIUL l General Sizing Guidelines Based on the Western Washington Hydrology Model jWW Mj E J� TSS/Phosphorous OII Grease Metals Hydraulic Conductivity: 70.92 In)br 35.46 in/hr 24.82 in/hr VANCOUVER Vancouver NNE rain gauge precip factor =1.110 Size Acres Treated Acres Treated Acres Treated 4x4 0.349 0.187 0.136 4x6 & 6x4 0.528 0.279 .0.202 4x8 & 8x4 0.705 '0.372 0:269 6x6 0.794 0.419 0,303 6x8 & 8x6 1.063 0.561 0.404 6x10 & lOx6 1.332 0.702 0.507 6x12 & 12x6 1.625 as" 0.609 TACOMA 38 in CENTRAL rain gauge precip factor=_ 1 - note:1901-2059 NO Size Acres Treated Acres Treated -Acres Treated 4x4 0.421 0,219 0.159 46 & 6x4 0.633 0.325 0.234 Ax8 & 8x4 0.845 0.433 0.31 6x6 0.952 0.487 0.349: 6x8 & 8x6 1.272 0.651 0.46.5 6x10 & 1Ox6 1.594 0.814 0.582 6x12 & 12x6 1.925 0,981 0,701 EVERETT Everett rain gage precip factor = 1 .Size Acres Treated •Acres Treated Acres Treated 44 0.391 0.206 0,151 46 & 6x4 0.589 0.309 0.223 48 & 8x4 0.795 0.413 0.2-97 6x6 0.886 1).463 0.335 6x8 & 8x6 1.185 0.619 0.447 6x10 & IM L485 0374 0.55$ 6x12 & MIS 1.805 0.933 0.671 SEATTLE Seatac rain gauge precip factor =1 -. :Acres Treated Acres Treated 'Acres Treated 4x 0.384 '0.203 0.148 4x6 & 6x4 0.578 0.303 - 0.219 4x8 & 8x4 0.771 0.403 0.29 6x6 0.871 0.454 : 0.327 6x8 & 86 1.165 0.607 0.437 6x10 & 10x6 L461 0.76 0.547 6x12 & 12x6 1.787 0914 0.657 Notes: 1. All treatment areas are based on 100% impervious contributing drainage area. 2. Filterra size assumes of lne configuration and 21" of media. 3. For sizing in other areas, contact your Contech Engineered Solutions Stormwater Design Engineer 4. General Guidelines Only. Each site is unique and requires sizing per the DOE GUILD Approval. CONTECH ENGINEERED SOLUTIONS 14_� We 1nawe. u.wz qt. 4-n F;► LEVEL 1 AND LEVEL 2 FLOW CONTROL CALCULATIONS 11 L'EVE L I FLOQ 60c )TkoL MGS FLOOD PROJECT REPORT Program Version: MGSFlood 4.41 Program License Number: 200810005 Project Simulation Performed on: 08/2212017 3:02 PM Report Generation Date: 08122/2017 3:03 PM Input File Name: Project Name: Analysis Title: Comments: Detention Vault Sizing (Level 1 Flow Control).fld Federal Way Commercial (Lot B) Treatment Vault Sizing Computational Time Step (Minutes): PRECIPITATION INPUT M Extended Precipitation Time Series Selected Climatic Region Number: 0 Full Period of Record Available used for Routing Precipitation Station : 9,3OG4005 Puget East 40 in_5min 10/01/1939-10/01/2097 Evaporation Station 96,1040 Puget East 40 in MAP Evaporation Scale Factor 0.750 HSPF Parameter Region Number: 1 HSPF Parameter Region Name : USGS Default ********** Default HSPF Parameters Used (Not Modified by User) ********************** WATERSHED DEFINITION Predevelopment/Post Development Tributary Area Summary Predeveloped Post Developed Total Subbasin Area (acres) 0.294 0.294 Area of Links that Include Precip/Evap (acres) 0.000 0.000 Total (acres) 0.294 0.294 ___ ---------- --- _---- SCENARIO: PREDEVELOPED Number of Subbasins: 1 --- ------ Subbasin : Subbasin 1-------- ------- Area (Acres) ------- Till Forest 0.294 Subbasin Total 0.294 ---------------- -__-SCENARIO: POSTDEVELOPED Number of Subbasins: 1 --------- Subbasin : Subbasin 1--------- ------Area (Acres) -------- Till Pasture 0.034 Impervious 0.260 Subbasin Total 0.294 ************************* LINK DATA ******************************* ZD _-— ----------- SCENARIO: PREDEVELOPED Number of Links: 0 ************************* LINK DATA ____ -------------SCENARIO: POSTDEVELOPED Number of Links: 1 Link Name: New Structure Lnk1 Link Type: Structure Downstream Link: None Prismatic Pond Option Used Pond Floor Elevation (ft) 100.50 107,50 Riser Crest Elevation (ft) Max Pond Elevation (ft) 108.108. 00 Storage Depth (ft) .00 Pond Bottom Length (ft) 05.0 Pond Bottom Width (ft) Pond Side Slopes (ftlft) : 105. 3.0 L1= 0.00 L2= 0.00 W1= 0.00 W2= 0.00 Bottom Area (sq-ft) 1365• Area at Riser Crest El (sq-ft) 1,365. (acres) 0.031 Volume at Riser Crest (cu-ft) (ac-ft) 0,555. Area at Max Elevation 1365. v Y (acres) : 0 31 Vol at Max Elevation (cu-ft) 10,511, (ac-ft) 0.241 Massmann Infiltration Option Used Hydraulic Conductivity (in/hr) : 0.00 Depth to Water Table (ft) : 100.00 Bio-Fouling Potential Low : Average or Better Maintenance Riser Geometry Riser Structure Type : Circular Riser Diameter (in) :18ar 1 .00 Common Length (ft) : 00 Riser Crest Elevation : 107.50 ft Hydraulic Structure Geometry Number of Devices: 2 ---Device Number 1 --- Device Type Circular Orifice Control Elevation (ft) 100.50 Diameter (in) 0.25 Orientation : Horizontal Elbow : No --- Device Number 2 --- : Vertical Rectangular Orifice Device Type Control Elevation (ft) 104.63 Length (in) 0.25 Height (in) 34.42 Orientation : Vertical Elbow : No **********************FLOOD FREQUENCY AND DURATION STATISTICS******************* _------ _------------ SCENARIO: PREDEVELOPED -7,1 Number of Subbasins: 1 Number of Links: 0 __________________SCENARIO: POSTDEVELOPED Number of Subbasins: 1 Number of Links: 1 ********** Link: New Structure Lnk1 ** Link WSEL Stats WSEL Frequency Data(ft) (Recurrence Interval Computed lasing Gringoften Plotting Position) Tr (y rs) WSEL Peak (ft) 1.05-Year 102.064 1.11-Year 102.269 1.25-Year 102.520 2.00-Year 103.133 3.33-Year 103.668 5-Year 104.148 10-Year 104.888 25-Year 105.110 50-Year 105.140 100-Year 105.202 ***********Groundwater Recharge Summary **AN**''A***** Recharge is computed as input to Perind Groundwater Plus Infiltration in Structures Total Predeveloped Recharge During Simulation Model Element Recharge Amount (ac-ft) Subbasin: Subbasin 1 50.976 Total: 50.976 Total Post Developed Recharge During Simulation Model Element Recharge Amount (ac-ft) Subbasin: Subbasin 1 6.027 Link: New Structure Lnk1 0.000 Total: 6.027 Total Predevelopment Recharge is Greater than Post Developed Average Recharge Per Year, (Number of Years= 158) Predeveloped: 0.323 ac-ftlyear, Post Developed: 0.038 ac-ftlyear ***********Water Quality Facility Data --- ...,--------- _------ SCENARIO: PREDEVELOPED Number of Links: 0 ______________________SCENARIO: POSTDEVELOPED Number of Links: 1 ********** Link: New Structure Lnk1 ********** Basic Wet Pond Volume (91 % Exceedance): 1162. cu-ft Computed Large Wet Pond Volume, 1.5*Basic Volume: 1744. cu-ft Infiltration/Filtration Statistics------------------- ZI Inflo* Volume (ac-ft): 119.75 Inflow Volume Including PPT-Evap (ac-ft): 119.75 Total Runoff Infiltrated (ac-ft): 0.00, 0,00% Total Runoff Filtered (ac-ft): 0.00, 0.00% Primary Outflow To Downstream System (ac-fi): 119.72 Secondary Outflow To Downstream System (ac-ft): 0.00 Percent Treated (Infiltrated+Filtered)/Total Volume: 0.00% ***********Compliance Point Results ************* Scenario Predeveloped Compliance Subbasin: Subbasin 1 Scenario Postdeveloped Compliance Link: New Structure Lnk1 *** Point of Compliance Flow Frequency Data *** Recurrence Interval Computed Using Gringorten Plotting Position Predevelopment Runoff Postdevelopment Runoff Tr (Years) Discharge (cfs) Tr (Years) Discharge (cfs) ----------- ___ 2-Year -_---- —_---------------- 6.242E-03 2-Year 2.706E-03 5-Year 1.065E-02 5-Year 3.185E-03 10-Year 1.326E-02 10-Year 1.086E-02 25-Year 1.710E-02 25-Year 2.207E-02 50-Year 2.059E-02 50-Year 2.387E-02 100-Year 2.472E-02 100-Year 2.771 E-02 200-Year 3.343E-02 200-Year 2.800E-02 ** Record too Short to Compute Peak Discharge for These Recurrence Intervals 23 LEVEL Z FLOL) (-0JJ R, L FA & i,1rt( MGS FLOOD PROJECT REPORT Program Version: MGSFlood 4.41 Program License Number: 200810005 Project Simulation Performed on: 0812212017 3:05 PM Report Generation Date: 08/2212017 3:05 PM Input File Name: Detention Vault Sizing.fld Project Name: Federal Way Commercial (Lot B) Analysis Title: Treatment Vault Sizing Comments: Computational Time Step (Minutes): PRECIPITATION INPUT A Extended Precipitation Time Series Selected Climatic Region Number: 0 Full Period of Record Available used for Routing Precipitation Station: 96004005 Puget East 40 in_5min 10/01/1939-10/01/2097 Evaporation Station 961040 Puget East 40 in MAP Evaporation Scale Factor 0.750 " HSPF Parameter Region Number: 1 HSPF Parameter Region Name : USGS Default ********** Default HSPF Parameters Used (Not Modified by User) *************** wwwwwwwwwwwwwwwwww*www WATERSHED DEFINITION Predevelopment/Post Development Tributary Area Summary Predeveloped Post Developed Total Subbasin Area (acres) 0.294 0.294 Area of Links that Include Precip/Evap (acres) 0.000 0.000 Total (acres) 0.294 0.294 ---------------------SCENARIO: PREDEVELOPED Number of Subbasins: 1 ---- ----- Subbasin : Subbasin 1 -------Area (Acres) Till Forest 0.294 Subbasin Total 0.294 ----------------------SCENARIO: POSTDEVELOPED Number of Subbasins: 1 --------- Subbasin : Subbasin 1 -------Area (Acres) Till Pasture 0.034 Impervious 0.260 Subbasin Total 0.294 ****wwwww*wwwwwwwwwwwwwww LINK DATA "�•*w**w••"w*«w« ewr**.x **t*. �,] q ------- ------SCENARIO: PREDEVELOPED Number of Links: 0 ************************* LINK DATA --------------------SCENARIO: POSTDEVELOPED Number of Links: 1 Link Name: New Structure Lnk1 Link Type: Structure Downstream Link: None Prismatic Pond Option Used Pond Floor Elevation (ft) 100.50 Riser Crest Elevation (ft) : 107.50 Max Pond Elevation (ft) 108.00 Storage Depth (ft) : 7.00 Pond Bottom Length (ft) 135.0 Pond Bottom Width (ft) 13.0 Pond Side Slopes (fttft) : L1= 0.00 L2= 0.00 W1= 0.00 W2= 0.00 Bottom Area (sq-ft) 1755. Area at Riser Crest El (sq-ft) 1,755. (acres) : 0.040 °1555 OLk. ter, (I,GVEl.1 r9omv p); 2'730 C LV-q. RE4kc, Volume at Riser Crest (cu-ft) 12,285. — (ac-ft) 0.282 -21$21 CU. ev. 4'1Ze vn Area at Max Elevation (sq-ft) 1755. (acres) 0.040 Vol at Max Elevation (cu-ft) 13,514. (ac-ft) 0.310 Massmann Infiltration Option Used Hydraulic Conductivity (in/hr) 0.00 Depth to Water Table (ft) : 100.00 Bio-Fouling Potential : Low Maintenance : Average or Better Riser Geometry Riser Structure Type : Circular Riser Diameter (in) : 18.00 Common Length (ft) : 0.000 Riser Crest Elevation : 107.50 ft Hydraulic Structure Geometry Number of Devices: 2 ---Device Number Device Type Control Elevation (ft) Diameter (in) Orientation Elbow --- Device Number Device Type Control Elevation (ft) Length (in) Height (in) Orientation Elbow Circular Orifice 100.50 0.25 Horizontal No 2-- Vertical Rectangular Orifice 104.63 0.25 34.42 Vertical No **********************FLOOD FREQUENCY AND DURATION STATISTICS******************* -------- ------ _ ---- SCENARIO: PREDEVELOPED ZS Number of Subbasins: 1 Number of Links: 0 41 --------------------SCENARIO: POSTDEVELOPED Number of Subbasins: 1 Number of Links: 1 Link: New Structure Lnkl ********** Link WSEL Stats WSEL Frequency Data(ft) (Recurrence Interval Computed Using Gringorten Plotting Position) Tr (yrs) WSEL Peak (ft) 1.05-Year 101.779 1.11-Year 102.033 1.25-Year 102.189 2.00-Year 102.788 3.33-Year 103.222 5-Year 103.568 10-Year 104.387 25-Year 104.852 50-Year 104.919 100-Year 104.971 ***********Groundwater Recharge Summary ************* Recharge is computed as input to Perind Groundwater Plus Infiltration in Structures Total Predeveloped Recharge During Simulation Model Element Recharge Amount (ac-ft) Subbasin: Subbasin 1 50.976 Total: 50.976 Total Post Developed Recharge During Simulation Model Element Recharge Amount (ac-ft) Subbasin: Subbasin 1 6.027 Link: New Structure Lnk1 0.000 Total: 6.027 Total Predevelopment Recharge is Greater than Post Developed Average Recharge Per Year, (Number of Years=158) Predeveloped: 0.323 ac-ftlyear, Post Developed: 0.038 ac-ft/year ***********Water Quality Facility Data ************* ----------------------SCENARIO: PREDEVELOPED Number of Links: 0 -------------------SCENARIO: POSTDEVELOPED Number of Links: 1 ********** Link: New Structure Lnkl ********** Basic Wet Pond Volume (91% Exceedance): 1162. cu-ft Computed Large Wet Pond Volume, 1.5*Basic Volume: 1744. cu-ft Infiltration/Filtration Statistics----------------- ? b Inflo,& Volume (ac-ft): 119.75 Inflow Volume Including PPT-Evap (ac-ft): 119.75 Total Runoff infiltrated (ac-ft): 0.00, 0.00% Total Runoff Filtered (ac-ft). 0.00, 0.00% Primary Outflow To Downstream System (ac-ft): 119.72 Secondary Outflow To Downstream System (ac-ft): 0.00 Percent Treated (Infiltrated+ Filtered)/Total Volume: 0.00% ***********Compliance Point Results ************* Scenario Predeveloped Compliance Subbasin: Subbasin 1 Scenario Postdeveloped Compliance Link: New Structure Lnk1 *** Point of Compliance Flow Frequency Data *** Recurrence Interval Computed Using Gringorten Plotting Position Predevelopment Runoff Postdevelopment Runoff Tr (Years) Discharge (cfs) Tr (Years) Discharge (cfs) 2-Year 6.242E-03 2-Year 2.523E-03 5-Year 1.065E-02 5-Year 2.921 E-03 10-Year 1.326E-02 10-Year 3.288E-03 25-Year 1.710E-02 25-Year 9.375E-03 50-Year 2.059E-02 50-Year 1.220E-02 100-Year 2.472E-02 100-Year 1.465E-02 200-Year 3.343E-02 200-Year 1.824E-02 ** Record too Short to Compute Peak Discharge for These Recurrence Intervals **** Flow Duration Performance **** Excursion at Predeveloped 50%02 (Must be Less Than ON: Maximum Excursion from 50°/ Q2 to Q2 (Must be Less Than 0%): Maximum Excursion from Q2 to Q60 (Must be less than 10%): Percent Excursion from 02 to Q50 (Must be less than 50%): MEETS ALL FLOW DURATION DESIGN CRITERIA: PASS -65.3% PASS -65.3% PASS -54.6% PASS 0.0% PASS 2� APPENDIX LARSON & ASSOCIATES, INC. SURVEYORS, ENGINEERS AND PLANNERS 9027 PACIFIC AVENUE, SUITE 4 TFACOMA, WA 98444 (253) 474-3404 Pie WA RII1N6T0N STATE R E P A R i M F N T R F ECOLOGY November 2016 GENERAL USE LEVEL DESIGNATION FOR BASIC (TSS), ENHANCED, PHOSPHORUS & OIL TREATMENT For Americast Filterra° Eei�In �r•'s.Dccisisrrl: ' ~ �d, - � �; i}3ase nti Ain aric lsi's srlizi?3issi;ms. including the Finn '1'ecliiiica] F'valuatinn RLports, d tetI �01r,3,roollllc_ri 1.?; 14 and ❑eccmber 2009,ad additiarial inforrn,atitn providod i-n E:c--olegy dated 9. sil09. Ecology 13e1,eby issues the followiil€.. Ose le��el desiz-11AWT,s: 1. A Gerlevil Use 1,�vel bcsigna116-, for Basic, E nitanLeii, P4zs�sliltorus, ancl'(�ll f rvattr7ci3t at the . ft7l.lc�i� ii-lt:; water �:lli�lit��d:esigr►,�ydraulic_laadiirR sates;; ..- -.- ... ... . ;1 �re.rl rt3 en t ik3asie �'hc�sllsnn3s lculatccl triad can listed ill d wi.th 1..80 ft nv.dla). If1L•�C1rltlLiCtiVltV" lnliltratilln ate (6031 A.C11 for use in Western t 5e ill easlcrrt wa"1141 ; p�3_q L, - )b1tcin.Si.aiiil; Lain rate wld. £l: 9VdTF1'Lil is 2. The ltil'tcl, a' unit i. lint appropriate 101, oil s]�ill wl,iro] purpi:scs: Ti: nln y apPT O VUS i 11e Filtcrl•a` .rliriis 1 tTi. treaLtrii r,t at the- hyEf caul is loath ng rates :li ttcd �ifiisve; to HCHON e t]ie ina�ilrtuin water quality:design floik rate. C;�llcuI0te the..,wmer gileicsign l tiw rates:usit3g the i<711c3��riny pic�.s eti�lres: zz _ awe _ --- - — 2 -■ W.1r.sterr Washingtow For-troatmcait ilTsta.l�upstTe7ti, o.f dctelttiol3 017.ietaltil Carl, the ' ttc;r;: uiialitykiesi ;ri.flow .rate is the. pear 15-mirlute flow rate wt �aluulaied using the sand fillet' rnc)clule. in the latest rversioi3 :iif the W estcril Washington N ycirology Model tar othe'r z: L-colR,)gy-appj-oVCC1 cai3tintiaus Tlino model. ']'he,irodel must itrcliCFl.e the unit is .tsl�.11?i� Qi process, 9l peCC lit iJi`1.1Zc ilifluerit l't1116f1 file. k• Eastern 1 'ssl.3it,gtnn: For trc:atinenl install cl upstrearn of(,lcls rltion-.or rete.niioii, t1iwater' quality-desi�rr C�ICT1�' Aatc lS the peak 15-Inli3rttc flow rate as calcii1ate;d using Pile Ul the tlirce flow rate I)ased rrlciliods, dcserilvd hi C'h:iptur 2 2.5: of• the.Starn3water Manrigcment , Manual l�r.l aswr_ gS Eton. �SWM ?EVd]:ax iaca}, nual. _--_ Al * Entire State: For treatment installed downstream of detention, the water quality design flow rate is die full 2-year release rate of the detention facility. 4. This General Use Level Designation has no expiration date but Ecology may revoke or amend the designation, and is subject to the conditions specified below. Ecology's Conditions of Use: Filterra' units shall comply with these conditions shall comply with the following conditions: 1. Design, assemble, install, operate, and maintain the Filterrag' units in accordance with applicable Americast Filterra' manuals, document, and the Ecology Decision. 2. Each site plan must undergo Americast Filterrao review before Ecology can approve the unit for site installation. This will ensure that site grading and slope are appropriate for use of a FilterraO unit. 3. Filterraly media shall conform to the specifications submitted to and approved by Ecology. 4. Maintenance includes removing trash, degraded mulch, and accumulated debris from the filter surface and replacing the mulch layer. Use inspections to determine the site -specific maintenance schedules and requirements. Follow maintenance procedures given in the most recent version of the Filteira' Operation and Maintenance Manual. 5, Maintenance: The required maintenance interval for stormwater treatment devices is often dependent upon the degree of pollutant loading from a particular drainage basin. Therefore, Ecology does not endorse or recommend a "one size fits all" maintenance cycle for a particular model/size of manufactured tiliei treatment device. • Filterra® designs their systems for a target maintenance interval of 6 months. Maintenance includes removing accumulated sediment and trash fiom the surface area of the media, removing the mulch above the media, replacing the mulch, providing plant health evaluation, and pruning the plant if deemed necessary. ■ Conduct maintenance following manufacturer's guidelines. 6. Fiiterra'o units come in standard sizes. The minimum size filter surface -area for use in western Washington is determined by using the sand filter module in the latest version of WWHM or other Ecology approved continuous runoff model for western Washington. Model inputs include a) Filter media depth: 1.8 feet b) Effective Ponding Depth: 0.75 feet (This is equivalent to the 6-inch clear zone between the top of the mulch and the bottom of the slab plus 3-inches of mulch.) ;c) Side slopes: Vertical d) Riser height: 0.70 feet e) Filter Hydraulic Conductivity: Use the Hydraulic Conductivity as listed in the table above (use the lowest applicable hydraulic conductivity depending on the level of treatment required) under Ecology's Decision, above. 2 8. The minimum size filter surface -area for use in eastern Washington is determined by using the design water quality now rate (as determined in item 3, above) and the Infiltration Rate from the table above (use the lowest applicable Infiltration Rate depending on the level of treatment required). Calculate the required area by dividing te water quality design flow rate (cu-ft/sec) by the Infiltration Rate (converted to fdsec) to obtain required surface area (sq ft) of the Filters unit. 9. Discharges from the Filterra® units shall not cause or contribute to water quality standards violations in receiving waters. Approved Alternate Configurations -Filters® Internal Bypass - Pipe (FTIB-P) 1. The Filterra@ Internal Bypass — Pipe allows for piped -in flow from area drains,'grated inlets, trench drains, and/or roof drains. Design capture flows and peak flows enter the structure through an internal slotted pipe. Filterra" inverted the slotted pipe to allow design flows to drop through to a series of splash plates that then disperse the design flows over the top surface of the FilterrO planter area. Higher flows continue to bypass the slotted pipe and convey out the structure. 2. To select a FTIB-P unit, the designer must determine the size of the standard unit using the sizing guidance described above. Filters Internal S ass —Curb FTIB-C 1. The FilterraOO Internal Bypass —Curb model (FTIB-C) incorporates a curb inlet, biofiltratian treatment chamber, and internal high flow bypass in one single structure. Filterra@ designed the FTIB-C model for use in a "Sag" or "Sump" condition and will accept flows from both directions along a gutter line. An internal flume tray weir component directs treatment flows entering the unit through the curb inlet to the biofiltration treatment chamber. Flows in excess of the water quality treatment flow rise above the flume tray weir and discharge through a.standpipe orifice; providing bypass of untreated peak flows. Amoricast manufactures the FTIB-C model in a variety of sizes and configurations and you may use the unit on a continuous grade when a single structure providing both treatment and high flow bypass is preferred. The FT•IB-C model can also incorporate a separate junction box chamber to allow larger diameter discharge pipe connections to the structure. 2. To select a FTIB-C unit, the designer must determine the size of the standard unit using the sizing guidance described above. Filterra� Shallow 1. The Filterra"� Shallow provides additional flexibility for design engineers and designers in situations where there is limited depth and various elevation constraints to applying a standard Filterra® configuration. Engineers can design this system up to six inches shallower than any of the previous Filterra unit configurations noted above. 0 u`,h'ts MOD Applicant: Applicant's Address: Application Documents: errs Ball amide a co�itact the equi-Vaief�t io t13at. f i e t with a `trialier.iPOW 91 edia` the hurfaee area mint it GrC9K -# st _ an Tnas�a;naeed, !arid cii;Tizatamci�G Siig Filterra® Bioretention Systems, division of Contech Engineered Solutions, LLC. 11815 NE Glenn Widing Drive Portland, OR 97220 ■ State of Washington Department of Ecology Application for Conditional Use Designation, Americast (September 2006) • Quality Assurance Project Plan Filterra® Bioretention Filtration System Performance Monitoring, Americast (April 2008) • ndum Frlterra® Bioretention Filtration System Quality Assurance Project Plan Adde performance Monitoring, Americast (June 2008) • Draft- Technical Evaluation Report Filterra® Bioretention Filtration System Performance Monitoring, Americast (August 2009) • Final Technical Evaluation Report Filterram Bioretention Filtration System Performance Monitoring, Americast (December 2009) + Technical Evaluation Report Appendices FilterraO Bioretention Filtration System Performance Monitoring, Americast, August 2009 • Memorandum to Department of Ecology Dated October 9, 2009 from Americast, Inc. and Herrera Environmental Consultants 4 • Quality Assurance Project Plan Filterra® Bioretention System Phosphorus treatment and Supplemental Basic and Enhanced Treatment Performance Monitoring, Americast (November 2011) • Filterra® letter August 24, 2012 regarding sizing for the Filterra® Shallow System. • University of Virginia Engineering Department Memo by Joanna Crowe Curran, Ph. D dated March 16, 2013 concerning capacity analysis of Filterra® internal weir inlet tray. ■ Terraphase Engineering letter to Jodi Mills, P.E. dated April 2, 2013 regarding Temdlume Hydraulic Test, FilterraO Bioretention System and attachments. ■ Technical Evaluation Report, Filterra® System Phosphorus Treatment and Supplemental Basic Treatment Performance Monitoring. March 27 h, 2014. Applicant's Use Level Request: General Level Use Designation for Basic, Enhanced, Phosphorus, and Oil Treatment. Applicant's Performance Claims: Field-testing and laboratory testing show that the Filterra® unit is promising as a stormwater treatment best management practice and can meet Ecology's performance goals for basic, enhanced, phosphorus, and oil treatment. Findings of Fact: Field Testing 2013 1. Filterrao completed field-testing of a 6.5 ft x 4 ft. unit at one site in Bellingham, Washington. Continuous flow and rainfall data collected from January 1, 2013 through July 23, 2013 indicated that 59 storm events occurred. The monitoring obtained water quality data from 22 storm events. Not all the sampled storms produced information that met TAPE criteria for storm and/or water quality data. 2. The system treated 98.9 percent of the total 8-month runoff volume during the testing period. Consequently, the system achieved the goal of treating 91 percent of the volume from the site. Stormwater runoff bypassed during four of the 59 storm events. 3. Of the 22 sampled events, 18 qualified for TSS analysis (influent TSS concentrations ranged from 25 to 138 mg/L). The data were segregated into sample pairs with influent concentration greater than and less than 100 mg/L. The UCL95 mean effluent concentration for the data with influent less than 100 mg/L was 5.2 mg/L, below the 20- mg/L threshold. Although the TAPE guidelines do not require an evaluation of TSS removal efficiency for influent concentrations below 100 mg/L, the mean TSS removal for these samples was 90.1 percent. Average removal of influent TSS concentrations greater than 100 mg/L (three events) was 85 percent. In addition, the system consistently exhibited TSS removal greater than 80 percent at flow rates at a 100 inches per hour [in/hr] infiltration rate and was observed at 150 in/br. W 4. Ten of the 22 sampled events qualified for TP analysis. Americast augmented the dataset using two sample pairs from previous monitoring at the site. Influent TP concentrations ranged from 0.11 to 0.52 mg/L. The mean TP removal for these twelve events was 72.6 percent. The LCL95 mean percent removal was 66.0, well above the TAPE requirement of 50 percent. Treatment above 50 percent was evident at 100 in/hr infiltration rate and as high as 150 in/hr. Consequently, the Filterra® test system met the TAPE Phosphorus Treatment goal at 100 in/hr. Influent ortho-P concentrations ranged from 0.005 to 0.012 mg/L; effluent ortho-P concentrations ranged from 0.005 to 0.013 mg/L. The reporting limit/resolution for the ortho-P test method is 0.01 mg/L, therefore the influent and effluent ortho-P concentrations were both at and near non -detect concentrations. Field Testing 2008-2009 1. Filterra® completed field-testing at two sites at the Port of Tacoma. Continuous flow and rainfall data collected during the 2008-2009 monitoring period indicated that 89 storm events occurred. The monitoring obtained water quality data from 27 storm events. Not all the sampled storms produced information that met TAPE criteria for storm and/or water quality data. 2. During the testing at the Port of Tacoma, 98.96 to 99.89 percent of the annual influent runoff volume passed through the POT1 and POT2 test systems respectively. Stormwater runoff bypassed the POT1 test system during nine storm events and bypassed the POT2 test system during one storm event. Bypass volumes ranged from 0.13% to 15.3% of the influent storm volume. Both test systems achieved the 91 percent water quality treatment - goal over the 1-year monitoring period. 3. Consultants observed infiltration rates as high as 133 in/hr during the various storms. Filterra® did not provide any paired data that identified percent removal of TSS, metals, oil, or phosphorus at an instantaneous observed flow rate. 4. The maximum storm average hydraulic loading rate associated with water quality data is <40 in/hr, with the majority of flow rates < 25 in/hr. The average instantaneous hydraulic loading rate ranged from 8.6 to 53 inches per hour. 5. The field data showed a removal rate greater than 80% for TSS with an influent concentration greater than 20 mg/1 at an average instantaneous hydraulic loading rate up to 53 in/hr (average influent concentration of 28.8 mg/1, average effluent concentration of 4.3 mg/1). 6. The field data showed a removal rate generally greater than 54% for dissolved zinc at an average instantaneous hydraulic loading rate up to 60 in/hr and an average influent concentration of 0.266 mg/1 (average effluent concentration of 0.115 mg/1). 7. The field data showed a removal rate generally greater than 40% for dissolved copper at an average instantaneous hydraulic loading rate up to 35 in/hr and an average influent concentration of 0.0070 mg/l (average effluent concentration of 0.0036 mg/1). 8. The field data showed an average removal rate of 93% for total petroleum hydrocarbon (TPH) at an average instantaneous hydraulic loading rate up to 53 in/hr and an average influent concentration of 52 mg/1(average effluent concentration of 2.3 mg/1). The data also shows achievement of less than 15 mg/l TPH for grab samples. Filterre provided limited visible sheen data due to access limitations at the outlet monitoring location. 9. The field data showed low percentage removals of total phosphorus at all storm flows at an average influent concentration of 0.189 mg/1(average effluent concentration of 0.171 rug/1). We may relate the relatively poor treatment perfomnance of the Filterrao system at this location to influent characteristics for total phosphorus that are unique to the Port of Tacoma site. It appears that the Filterra.' system will not meet the 50 percent removal perform once goal when you expect the majority of phosphorus in the runoff to be in the dissolved form. Laboratory Test 1. Filterrav performed laboratory testing on a scaled down version of the Filters® unit. The lab data showed an average removal from 83-91% for TSS with influents ranging from 21 to 320 m91L, 82-84% for total copper with influents ranging from 0.94 to 2.3 mg1L, and 50-61 %for orthophosphate with influents ranging from 2.46 to 14.37 mg/L. 2. Filterra® conducted permeability tests on the soil media. 3. Lab scale testing using Sil-Co-Sil 106 showed percent removals ranging from 70.1% to 95.5% with a median percent removal of 90.7%, for influent concentrations ranging from 8.3 to 260 mg/L. FilterraO ran these laboratory tests at an infiltration rate of 50 inthr• 4. Supplemental lab testing conducted in September 2009 using Sil-Co-Sil 106 showed an average percent removal of 90.6%. These laboratory tests were run at infiltration rates ranging from 25 to 150 in/hr for influent concentrations ranging from 41.6 to 252.5 mg11. Regression analysis results indicate that the Filterra,8 system's TSS removal performance is independent of influent concentration in the concentration rage evaluated at hydraulic loading rates of up to 150 in/hr. Contact Information: Applicant: Jeremiah Lehman Contech Engineered Solutions, LLC. 11815 Glenn Widing Dr Portland, OR 97220 (503) 258-3136 lchman conteches.com Applicant's Website: bttn'l/www.conteches•cam Ecology web link: :Ilwww.ec .wa. ovl ro amslw Istormwaterinewtr�chlindex.html Ecology: Douglas C. Howie, P.E. Department of Ecology Water Quality Program (360) 407-6444 dougas howie e eecy.wa.gov Date Revision December 2009 GULD for Basic, Enhanced, and Oil granted, CULD for Phosphorus Scpteinber 2011 Extended CULD for Phosphorus Treatment September 2012 Revised design storm discussion, added Shallow System. January 2013 Revised format to match Ecology standards, changed Filterra contact information Added FTIB-P system February 2013 March 2013 _ Added FTM-C system April 2013 Modified requirements for identibkg appropriate size of unit June 2013 Modified description of FTIB-C alternate configuration March 2014 GULD awarded for Phosphorus Treatment. GULD updated for a higher flow -rate for Basic Treatment. June 2014 Revised sizing calculation methods March 2015 Revised Contact Information June 2015 CULD for Basic and Enhanced at 100 in/hr infiltration rate November 2015 Removed information on CULD (created separate CULD document for 100 in/hr infiltration rate June 2016 Revised text regarding Hydraulicconductivity value November 2016 Revised Contech Contact information DRAFT GEOTECHNICAL ENGINEERING INVESTIGATION PROPOSED NEW DENTAL OFFICE PARCEL NO.415920-0715 SW CAMPUS DRIVE AND 19r AVENUE SOUTH FEDERAL WAY, WASHINGTON 98023 Project No. 062-16008 JANUARY 20, 2017 Prepared for: COVENANT GROUP ATTN: MS. JULIE A. MARGETICH 2044 CALIFoRNIA AVENUE CORONA, CA 92881 Prepared by: KRAZAN & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING DIVISION 4303 —198'h St SW Lynnwood, Washington 98036 (425) 485-5519 Kazan & ASSOCIATES,INC. GEOTECHNICAL ENGINEERING ■ ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION January 20, 2017 DRAFT Krazan File Number 062-16008 Covenant Group 2044 California Avenue Corona, CA 92881 Attention: Ms. Julie A. Margetich Email: MgM tich7(7a.pacifcdentalservices.cnaii Tel: (951) 582-5145 Reference: Geotechnical Engineering Investigation Proposed New Dental Office Parcel No. 415920-0715 SW Campus Drive & 1st Avenue South Federal Way, WA Greetings, In accordance with your request, we have completed a Geotechnical Engineering Investigation for the referenced site. The results of our investigation are presented in the attached report. If you have any questions, or if we can be of further assistance, please do not hesitate to contact our office. Respectfully submitted, KRA7AN & ASSOCIATES, INC. Michael D. Rundquist, P.E. Senior Project Manager JGL/MDR Offices Serving The Western United States 4303 —198'h St SW • Lynnwood, Washington 98036 . (425) 485-5519 • Fax: (425) 485-6837 Alt '=="W'"1<raZan & ASSOCIATES,INC. GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION January 20, 2017 KA Project No. 062-16008 DRAFT GEOTECHNICAL ENGINEERING INVESTIGATION PROPOSED DENTAL OFFICE PARCEL NO.415920-0715 SW CAMPUS WAY & 1ST AVENUE SOUTH FEDERAL WAY, WASHINGTON 98023 INTRODUCTION This report presents the results of our Geotechnical Engineering Investigation for the proposed dental office project located near the intersection of SW Campus Way and 1st Avenue South in Federal Way, Washington as shown on the Vicinity Map in Figure 1. The project site consists of parcel number 4159200715. Discussions regarding site conditions are presented in this report, together with conclusions and recommendations pertaining to site preparation, excavations, foundations, structural fill, utility trench backfill, drainage, and erosion control. To aid in the preparation of this report, we have been provided with a land survey and conceptual site plan. The survey was prepared be Barghausen Consulting Engineers, Inc. and is titled, "ALTA/NSPS Land Titled Survey — A Portion of the NE1/4 of the SE1/4 of Sec. 19, TWP. 21 North, RGE. 4 East, W.M. — City of Federal Way, King County WA.," dated September 17, 2016. The conceptual site plan does not i ncl ude the name of the author and i s titl ed, " Federal Way, WA — Conceptual Si to Opt! on 4 (drive thru)," dated September 22, 2016 (corrected). A site plan showing the approximate exploratory soil boring locations is presented in Figure 2 following the text of this report. A description of the field investigation as well as the exploratory soil boring logs and laboratory test results are presented in Appendix A. Appendix B contains a guide to aid in the development of earthwork specifications. Pavement design guidelines are presented in Appendix C. The recommendations in the main text of the report have precedence over the more general specifications in the appendices. PURPOSE AND SCOPE This investigation was conducted to evaluate the subsurface soil and groundwater conditions at the site, to develop geotechnical engineering recommendations for use in project design and to provide criteria for site preparation and earthwork construction. Offices Serving The Western United States 4303 —1981b St SW • Lynnwood, Washington 98036 • (425) 485-5519 • Fax: (425) 485-6837 An KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 2 Our services were performed in general accordance with our proposal for this project, dated October 12, 2016 (Krazan proposal number 016025WAP). The geotechnical services performed for this project generally include the following: • Exploration of the subsurface soil and groundwater conditions by conducting two (2) soil borings using a subcontracted drill rig; • A site plan showing the soil boring locations; • Comprehensive soil logs including soil stratification and classification, and groundwater levels where applicable; • Recommendations for foundation design including foundation typo, allowable foundation bearing pressure, anticipated settlements (both total and differential), coefficient of horizontal friction, and frost penetration depth; • Recommendations for seismic design considerations, including site coefficient and ground acceleration based on the 2012/2015 International Building Code (IBC); • Construction and excavation considerations, topsoil/unsuitable soil stripping depth, identification of potentially problematic soil or groundwater conditions, and approximate depth of over -excavation if required; • Recommendations for structural fill materials, placement, and compaction; • General recommendations for site drainage and erosion control. PROPOSED CUNST .UCTIOIV It is our understanding that the Proposed development will include a new dental office. Preliminary plans indicate that the planned development will be located in an existing parking lot area. Significant re-grading is not anticipated. New underground utilities will Uel be installed, connecting nearby utilities with the planned development. SITE CONDITION The property is located in a retail area on the eastern side of SW Campus Drive, approximately 400 feet The proposed development is currently a paved parking lot. The northwest of lSt Avenue South. planned building area is nearly level, with landscaping along the northern, southern and western sides of the property. A sidewalk and additional paved parking areas are located in the eastern portion of the site. A concrete retaining wall, approximately 5 to 6 feet tall, is located in the western portion of the property, with a stormwater swale near the toe of the wall along SW Campus Drive. Site plans indicate that the western portion of the parcel includes a stormwater easement with a subsurface vault below the parking lot. Krazan & Associates, Inc. Offices Serving The Westem United States ��3 KR.AZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 3 According to the ALTA/NSPS Land Title Survey by Barghausen Associates Consulting Engineers, Inc., the elevation across the site ranges from approximately 232 feet in the stormwater swale near the southwestern corner of the parcel, to about 245 feet in the parldng lot area near the northeastern comer of the site. The site is bordered by commercial properties to the north, east and south, including a grocery store north to the north and a restaurant to the southeast. SW Campus Drive borders the site to the west. GEOLOGIC SETTING The "Geologic Map of the Poverty Bay 7.5' Quadrangle, King and Pierce Counties, Washington," by D.B. Booth, H.H. Waldron, and K.G. Troost (USGS 2004) indicates that the site area is underlain by Quaternary Vashon recessional outwash (Qvr), with Quaternary Vashon ice -contact deposits (Qvi) and Quaternary Vashon glacial till (Qvt) mapped nearby. Recessional outwash typically consists of poorly to moderately sorted, medium dense sand and gravel with cobbles. Ice -contact deposits are generally described as poorly sorted sand and gravel in a silty matrix, possibly including lenses of glacial till. Glacial till typically consists of a very compact, unsorted mixture of clay, silt, sand, gravel, cobbles and boulders. FIELD INVESTIGATION Two (2) exploratory soil borings were completed to evaluate the subsurface soil and groundwater conditions in the proposed development area. The soil borings were completed on November 29, 2016 with a subcontracted drill rig, and the soil borings extended to depths of approximately 21.5 feet to about 31.5 feet below the existing ground surface. A geologist and engineer from Krazan and Associates were present during the explorations, examined the soil and geologic conditions encountered, obtained samples of the different soil types, and maintained logs of the explorations. The approximate locations of the soil borings are shown on the Site Plan in Figure 2. Representative samples of the subsurface soils encountered in the geotechnical explorations were collected and sealed in plastic bags. The soils encountered in the exploratory soil borings were visually classified in general accordance with the Unified Soil Classification System (USCS). A more detailed description of the field investigation is presented in Appendix A. SOIL PROFILE AND SUBSURI=ACE, CONDITIONS The information provided below includes a brief summary of the materials encountered in the soil explorations. Detailed soil logs are presented in Appendix A. Krazan & Associates, Inc. Offices Serving The Western United States PoA KRAZAN & ASSOCIATES, INC. KANo. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 4 Soil boring B-1 was located in the southern portion of the proposed building pad. Boring B-1 encountered approximately 2.0 inches of asphalt overlying about 3.0 inches of crushed rock. Underlying the crushed rock, soil Boring B-1 encountered medium dense to very dense, brown gavel with sand to a depth of about 12.0 feet below existing grade. We interpreted the brown gravel with sand to be compacted fill material. Below the fill material, the soil boring primarily encountered very stiff, gray silt with clay and trace sand to the depth explored of approximately 26.5 feet below the ground surface. We interpreted the silt with clay to be native lacustrine deposits (ancient lake bed sediment). Soil boring B-2 was located in the northwestern portion of the proposed building pad. Boring B-2 encountered approximately 3.0 inches of asphalt overlying about 2.0 inches of crushed rock. Underlying the crushed rock, soil Boring; B-2 encountered medium dense to very dense, brown gravel with sand to a depth of about 16.0 feet below existing grade. We interpreted the brown gravel with sand to be compacted fill material. Below the fill material, the soil boring encountered very stiff to hard, gray silt with clay and trace sand to the depth explored of approximately 31.5 feet below the ground surface. We interpreted the silt with clay to be native lacustrine deposits (ancient lake bed sediment). There is a potential for cobbles and there may be debris in the fill material. 'There is also the potential for layers of organic topsoil, loose/soft soils, and/or undocumented fill in unexplored areas of the site. GROU-NDWATER The soil borings were checked for the presence of groundwater during drilling operations. Groundwater seepage was observed at a depth of approximately 11.0 feet in B-1 and at a depth of about 15.0 feet in B-2 during the geotechnical explorations. We interpreted the groundwater seepage to be perched groundwater. Perched water occurs when surface water infiltrates through less dense, more permeable soils and accumulates on top of a relatively low permeability soil layer. Perched water does not represent a regional groundwater "table" within the upper soil horizons. Perched water tends to vary spatially and is dependent upon the amount of rainfall. We would expect the amount of perched water to decrease during drier times of the year and increase during wetter periods. It should be recognized that groundwater elevations may fluctuate with time. The groundwater level will be dependent upon seasonal precipitation, irrigation, land use, and climatic conditions, as well as other factors. Therefore, groundwater levels at the time of the field investigation may be different from those encountered during the construction phase of the project. The evaluation of such factors is beyond the scope of this report. Krazan & Associates, Inc. Offices Serving The Westem United States MG KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 5 GEOLOGIC HAZARDS Erosion Concern/Hazard The Natural Resources Conservation Services (MRCS) map for King County indicates that the soils in the site area consist of Everett Alderwood Gravelly Sandy Loams, 6 to 15 percent slopes (EwC). The mapped soil unit is described as having a moderate potential for soil erosion when exposed. It has been our experience that soil erosion potential can be minimized through landscaping and surface water runoff control. Typically, erosion of exposed soils will be most noticeable during periods of rainfall and may be controlled by the use of normal temporary erosion control measures, such as silt fences, hay bales, mulching, control ditches or diversion trenching, and contour furrowing. Erosion control measures should be in place before the onset of wet weather. Seismic Hazard The 2015 International Building Code (IBC), Section 1613.3.2, refers to Chapter 20 of ASCE-7 for Site Class Definitions. It is our opinion that the overall soil profile corresponds to Site Class D as defined by Table 20.3-1 "Site Class Definitions," according to the 2010 ASCE-7 Standard. Site Class D applies to a "stiff soil' profile. The seismic site class is based on a soil profile extending to a depth of 100 feet. The soil borings on this site extended to a maximum depth of 31.5 feet and this seismic site class designation is based on the assumption that similar soil conditions continue below the depth explored. We referred to the U.S. Geological Survey (USGS) Earthquake Hazards Program Website and 2012/2015 113C to obtain values for Ss, Sms, SDs, S1, SMI, SDI, Fa, and Fv. The USGS website includes the most updated published data on seismic conditions. The seismic design parameters for this site are presented in the following table: Krazan & Associates, Inc. Offices Serving The Western United States P1b KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 6 Table 1: Seismic Design Parameters (Reference: 2015 IBC Section 1613.3.2, ASCE, and USGS) Seismic Item Value Site Class D Site Coefficient FB 1.000 SS 1.287 g SMs 1.287 g SDs 0.858 g Site Coefficient Fv 1.504 S1 0.496 g SMI 0.746 g SM 0.497 g Additional seismic considerations include liquefaction potential and amplification of ground motions by soft soil deposits. The liquefaction potential is highest for loose sand with a high groundwater table. The native soils primarily consisting of stiff to hard silt with clay that are interpreted to underlie the site are considered to have a low potential for liquefaction and amplification of ground motion. CONCLUSIONS AND RECOMMENDATIONS General It is our opinion from a geotechnical standpoint that the site is compatible with the proposed development, provided that our geotechnical recommendations are incorporated into project plans and are implemented during construction. Soil Conditions: Our soil explorations generally encountered medium dense to very dense gravel with sand to depths ranging from about 12 to 16 feet, overlying very stiff to hard silt with clay soils. The gravel with sand is interpreted to be compacted fill material, and the underlying silt with clay soils are interpreted to be native lacustrine deposits (ancient lake bed sediment). The silt and clay appear to be partially consolidated. Foundations: Based on our explorations, conventional spread foundations bearing on the medium dense to very dense fill material should provide adequate support for the planned structures. Krazan & Associates, Inc. Offices Serving The Western United States Mi KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 7 It is our understanding that there is an underground stormwater vault along the western edge of the proposed building pad. The proposed building might apply surcharge loads to the vault walls if the western footing line incorporates a standard design depth next to the stormwater easement. Accordingly, consideration should be given to the proposed depth and location of the western foundation line to minimize surcharge loads. Detailed geotechnical engineering recommendations for foundation design are presented in this report. Moisture Sensitive Soils: The granular fill materials encountered in our explorations are not considered to be moisture sensitive. However, the underlying native silty clay soils are considered to be moisture sensitive and will be difficult or impossible to compact in wet conditions. Based on our explorations, the moisture sensitive materials were encountered approximately 12 to 16 feet below grade. The moisture content of the silty soils is important in determining if the soils can be used as structural fill at the time of construction. Krazan and Associates is available on request to evaluate the suitability of the on -site soils for use as structural fill material during earthwork construction. Site Preparation General site clearing should include removal of vegetation; trees and associated root systems; wood; abandoned utilities; structures including foundations, basement walls and floors; rubble; and rubbish. Site stripping should extend until all organics in excess of 3 percent by volume are removed. These materials will not be suitable for use as structural fill. However, stripped topsoil may be stockpiled and used in landscape or non-structural areas. After stripping operations, the building pad and pavemcm areas should be proof -rolled and visually inspected to identify any areas of soft/loose soil. Any remaining loose soils should be excavated to expose firm native soils. The resulting excavations should be filled with approved structural fill. Structural fill material should be within f 2 percent of the optimum moisture content, and the soils should be compacted to a ininimum of 95 percent of the maximum dry density as determined by ASTM D1557 Test Method. During wet weather conditions, subgrade stability problems and grading difficulties may develop due to excess moisture, disturbance of sensitive soils and/or the presence of perched groundwater. Construction during the extended periods of wet weather could result in the need to remove wet disturbed soils if they cannot be suitably compacted due to elevated moisture contents. Some of the on - site soils have significant silt content and are considered to be moisture sensitive, and can be easily disturbed when wet. If over -excavation is necessary, it should be confirmed through continuous monitoring and testing by a qualified geotechnical engineer or geologist. Soils that have become unstable may require drying to near their optimal moisture content before compaction is feasible. Krazan & Associates, Inc. Offices Serving The Western United States W. KRAZAN & ASSOCIATES, INC. KANo. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 8 Selective drying may be accomplished by scarifying or windrowing surficial material during extended periods of dry, warm weather (typically during the summer months). If the soils cannot be dried back to a workable moisture condition, remedial measures may be required. . General project site winterization should consist of the placement of aggregate base and the protection of exposed soils during the construction phase. It should be understood that even if Best Management Practices (BMPs) for wintertime soil protection are implemented and followed there is a significant chance that moisture disturbed soil mitigation work will still be required. Any buried structures encountered during construction should be properly removed and backfilled. Excavations, depressions, or soft and pliant areas extending below the planned finish subgrade levels should be excavated to expose firm undisturbed native soil, and backfilled with structural fill. In general, any septic tanks, underground storage tanks, debris pits, cesspools, or similar structures should be completely removed. Concrete footings should be removed to an equivalent depth of at least 3 feet below proposed footing elevations or as recommended by the geotechnical engineer. The resulting excavations should be backfilled with structural fill. A representative of our firm should be present during all site clearing and grading operations to observe, test and evaluate earthwork construction. This testing and observation is an integral part of our service, as acceptance of earthwork construction is dependent upon compaction and stability of the material. The geotechnical engineer may reject any material that does not meet compaction and stability requirements. Further recommendations, contained in this report, are predicated upon the assumption that earthwork construction will conform to the recommendations set forth in this section and in the Structural Fill Section of this report. Tem orary E\cavations The on -site soils have variable cohesion strengths, therefore the safe angles to which these materials may be cut for temporary excavations is variable, as the soils may be prone to caving and slope failures in temporary excavations deeper than 4 feet. Temporary excavations in medium dense soils should be sloped no steeper than 1.5H:1 V (horizontal to vertical) where room permits. The dense to very dense granular soils may be sloped to inclinations of lH:1V. If groundwater seepage is encountered in temporary excavations, then we anticipate that flatter inclinations might be necessary. All temporary cuts should be in accordance with Washington Administrative Code (WAC) Part N, Excavation, Trenching, and Shoring. The temporary slope cuts should be visually inspected daily by a qualified person during construction work activities and the results of the inspections should be included in daily reports. The contractor is responsible for maintaining the stability of the temporary cut slopes and minimizing slope erosion during construction. The temporary cut slopes should be covered with plastic sheeting to help minimize erosion during wet weather and the slopes should be Krazan & Associates, Inc. Offices Serving The Western United States a`C KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 9 closely monitored until the permanent retaining systems are complete. Materials should not be stored and equipment operated within 10 feet of the top of any temporary cut slope. A Krazan & Associates geologist or geotechnical engineer should observe, at least periodically, the temporary cut slopes during the excavation work. The reasoning for this is that all soil conditions may not be fully delineated by the limited sampling of the site from the geotechnical explorations. In the case of temporary slope cuts, the existing soil conditions may not be fully revealed until the excavation work exposes the soil. Typically, as excavation work progresses, the maximum inclination of the temporary slope will need to be evaluated by the geotechnical engineer so that supplemental recommendations can be made. Soil and groundwater conditions can be highly variable. Scheduling for soil work will need to be adjustable, to deal with unanticipated conditions, so that the project can proceed smoothly and required deadlines can be met. If any variations or undesirable conditions are encountered during construction, Krazan & Associates should be notified so that supplemental recommendations can be made. Structural Fill Fill placed beneath foundations, pavement, or other settlement -sensitive structures should be placed as structural fill. Structural fill, by definition, is placed in accordance with prescribed methods and standards, and is monitored by an experienced geotechnical professional. Field monitoring procedures would include the perfonnance of a representative number of in -place density tests to document the attainment of the desired degree of relative compaction. The area to receive the fill should be suitably prepared as described in the Site Preparation subsection of this report prior to beginning fill placement. Typically, imported all-weather structural fill material should consist of well -graded gravel, or sand and gravel mixture, with a maximum grain size of 3 inches and less than 5 percent fines (material passing the U.S. Standard No. 200 Sieve). All structural fill material should be submitted for approval to the geotechnical engineer at least 48 hours prior to delivery to the site. Fill soils should be placed in horizontal lifts not exceeding 8 inches in thickness prior to compaction, moisture -conditioned as necessary, (moisture content of soil shall not vary by more than t2 percent of optimum moisture) and the material should be compacted to at least 95 percent of the maximum dry density based on ASTM D 1557 Test Method. In -place density tests should be performed on all structural fill to document proper moisture content and adequate compaction. Additional lifts should not be placed if the previous lift did not meet the compaction requirements or if soil conditions are not considered stable. Krazan & Associates, Inc. Offices Serving The Western United States pr2() KRAZAN & ASSOCIATES, INC. KANo. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 10 Foundations General: The proposed building may be supported on a conventional spread foundation system bearing on the granular medium dense or firmer soils. The medium dense to very dense granular soils at the site are interpreted to be compact fill material. We recommend that the foundation subgrade soils be evaluated during construction to determine the consistency throughout the building pad. Western Foundation Line: It is our understanding that there is an underground stormwater vault along the western edge of the proposed building pad. Based on the available information from the plans and a stormwater utility map, the proposed western building foundation may be in close proximity to the vault retaining wall. Accordingly, we recommend that the western foundation of the proposed building be deepened or moved laterally to maintain a 1 Horizontal to 1 Vertical (1H:1V) geometry between the bottom of the existing vault foundation and the bottom of the proposed building foundation. Soil Bearing: Conventional shallow spread footings supported on medium dense of firmer granular soils, or on structural fill extending to the medium dense or firmer soils, may be designed using an allowable bearing pressure of 2,000 pounds per square foot (psf) for dead plus live loads. This value may be increased by 113 for short duration loads such as wind or seismic loading. A representative of Krazan and Associates should evaluate the foundation bearing soil and observe structural fill placement. Footings should have a minimum embedment depth of 18 inches below pad subgrade (soil grade) or adjacent exterior grade, whichever is lower. Footing widths should be based on the anticipated loads and allowable soil bearing pressure. Footings should have a minimum width of at least 12 inches regardless of load. Water should not be allowed to accumulate in footing trenches. All loose or disturbed soil should be removed from the foundation excavations prior to placing concrete. Water should not be allowed to collect in the foundation excavations. Structural Fill in Footing Areas: If structural fill is placed beneath foundations, the footing trenches would need to be widened on both sides of the footing a distance equal to one-half of the thickness of the structural fill layer to be placed below the bottom of the footing. Structural fill material should consist of well -graded gravel, or sand and gravel mixture, with a maximum grain size of 3 inches and less than 5 percent fines (material passing the U.S. Standard No. 200 Sieve). All structural fill material should be submitted for approval to the geotechnical engineer at least 48 hours prior to delivery to the site. Footing excavations should be inspected to verify that the foundations will bear on suitable material. Potential Foundation Settlement: For foundations constructed as recommended, the total settlement is not expected to exceed 1-inch. Differential settlement, along a 20-foot exterior wall footing or between Krazan & Associates, Inc. Offices Serving The Western United States All KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 11 adjoining column footings, should be less than '/z-inch. Most settlement is expected to occur during construction, as the loads are applied. However, additional post -construction settlement may occur if the foundation soils are flooded or saturated. It should be noted that the risk of liquefaction is considered low, given the composition and density of the native, on -site soils. Footing Drains: Seasonal rainfall, water ran -off, and the normal practice of watering trees and landscaping areas around the proposed structures, should not be permitted to flood and/or saturate foundation subgrade soils. To prevent the buildup of water within the footing areas, continuous footing drains (with cleanouts) should be provided at the bases of the footings. The footing drains should consist of a minimum 4-inch diameter rigid perforated PVC pipe, sloped to drain, with perforations placed near the bottom. The drainpipe should be enveloped by 1-inch sized washed rock in all directions and wrapped with filter fabric to prevent the migration of silt and clay into the drain. If free -draining materials are exposed in the foundation subgrade, then footing drains may not be necessary. This can be evaluated during building pad excavation. Design Parameters — Lateral Resistance: Resistance to lateral footing displacement can be computed using an allowable friction factor of 0.35 acting between the bases of foundations and the supporting subgrade soil. Lateral resistance for footings can alternatively be developed using an allowable equivalent fluid passive pressure of 250 pounds per cubic foot (pcf) acting against the appropriate vertical footing faces (neglecting the upper 12 inches). The allowable friction factor and allowable equivalent fluid passive pressure values include a factor of safety of 1.5. The frictional and passive resistance of the soil may be combined without reduction in determining the total lateral resistance. A 1/3 increase in the above values may be used for short duration, wind and seismic loads. Soil Sulfate Content: It is our understanding that the sulfate content of soils can affect the type of concrete used for the foundations. Soil samples from each boring at about 2.5 feet in depth were sent to Am Test, Inc. in Kirkland, Washington for water-soluble sulfate testing using method EPA 300.0. Laboratory test results are presented in Table 1 below. Table 1: S0114ble Sulfate: Content of Soils Sample I.D. Test Result (µg/g) f Test Result (% by mass) Sample 1 (B-1 at 2.5') < 10 < 0.0010 Sample 2 (B-2 at 2.5') < 10 ' < 0.0010 Krazan & Associates, Inc. Offices Serving The Western United States N11 KRAZAN & ASSOCIATES, INC. KANo. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 12 According to ACI 318-14 Table 19.3.1.1 — "Exposure categories and classes," both samples would be included in Sulfate Class SO with (SO42-) < 0.10 percent by mass. According to ACI 318-14 Table 19.3.2.1 — "Requirements for concrete by exposure class," there are no cementitious materials type restrictions for exposure class SO soils. I laar Slabs and I ,ter-ior Flatwork For building floor slab subgrades prepared in accordance with the recommendations presented in the Site Preparation section of this report, floor slabs may be designed using a modulus of subgrade reaction value of k = 200 pounds per cubic inch (pci) for slabs supported on medium dense or firmer soils or on structural fill extending to medium dense or firmer soils. In areas where it is desired to reduce floor dampness, such as areas covered with moisture sensitive floor coverings, we recommend that concrete slab -on -grade floors be underlain by a water vapor retarder system. The water vapor retarder should consist of a plastic vapor retarder sheeting underlain by a minimum of 4-inches of compacted clean (less than 5 percent passing the U.S. Standard No. 200 Sieve), open -graded coarse rock of '/-ineb maximum size. The vapor retarder sheeting should be protected from puncture damage. Moisture within the structure may be derived from water vapors, which were transformed from the moisture within the soils. This moisture vapor can travel through the vapor membrane and penetrate the slab -on -grade. This moisture vapor penetration can affect floor coverings and produce mold and mildew in the structures. To minimize moisture vapor intrusion, it is recommended that a vapor retarder be installed in accordance with ASTM guidelines. It is recommended that the utility trenches within the structures be compacted, as specified in our report, to minimize the transmission of moisture through the utility trench backfill. Under -slab drainage should be considered if floor moisture is a concern. Special attention to the immediate drainage and irrigation around the buildings is recommended. Positive drainage should be established away from the structures and should be maintained throughout the lives of the structures. Water should not be allowed to collect adjacent to the structures. Over -irrigation within landscaped areas adjacent to the structures should not be performed. In addition, ventilation of the structures may be prudent to reduce the accumulation of interior moisture. Lateral Earth Pressures and Retaining Walls We have developed criteria for the design of retaining or below grade walls. Our design parameters are based on retention of the in -place soils. The parameters are also based on level, well -drained wall backfill conditions. Walls may be designed as "restrained" retaining walls based on "at -rest" earth pressures, plus any surcharge on top of the walls as described below, if the walls are braced to restrain movement and/or movement is not acceptable. Unrestrained walls may be designed based on "active" earth pressure, if the walls are not part of the buildings and some movement of the retaining walls is Krazan & Associates, Inc. Offices Serving The Western United States AZB KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 13 acceptable. Acceptable lateral movement equal to at least 0.2 percent of the wall height would warrant the use of "active" earth pressure values for design. We recommend that walls supporting horizontal backfill and not subjected to hydrostatic forces be designed using a triangular earth pressure distribution equivalent to that exerted by a fluid with a density of 35 pcf for yielding (active condition) walls, and 55 pcf for non -yielding (at -rest condition) walls. The stated lateral earth pressures do not include the effects of hydrostatic pressure generated by water accumulation behind the retaining walls or loads imposed by construction equipment, slopes, foundations or roadways adjacent to the wall (surcharge loads). To minimize the lateral earth pressure and prevent the buildup of water pressure against the walls, continuous footing drains (with cleanouts) should be provided at the bases of the walls. The footing drains should consist of a minimum 4-inch diameter perforated pipe, sloped to drain, with perforations placed near the bottom. The drainpipe should be enveloped by 6 inches of washed gravel in all directions wrapped in filter fabric to prevent the migration of silt and clay into the drain. The wall fill adjacent to and extending a lateral distance of at least 2 feet behind the walls should consist of free -draining granular material. All free -draining backfill should contain less than 3 percent fines (passing the U.S. Standard No. 200 Sieve) based upon the fraction passing the U.S. Standard No. 4 Sieve with at least 30 percent of the material being retained on the U.S. Standard No. 4 Sieve. Alternatively, a drainage composite may be used. It should be realized that the primary purpose of the free -draining material is the reduction of hydrostatic pressure. Some potential for the moisture to contact the back face of the wall may exist, even with treatment, which may require that more extensive waterproofing be specified for walls, which require interior moisture sensitive finishes. We recommend that the wall fill be compacted to at least 95 percent of the maximum dry density based on ASTM D1557 Test Method. In -place density tests should be performed to verify adequate compaction. Soil compactors place transient surcharges on the backfill. Consequently, only light hand operated equipment is recommended for fill compaction within 3 feet of walls so that excessive stress is not imposed on the walls. Erosion and Sediment Control Erosion and sediment control (ESC) is used to minimize the transportation of sediment to wetlands, streams, lakes, drainage systems, and adjacent properties. Erosion and sediment control measures should be implemented and these measures should be in general accordance with local regulations. As a ininimuni, the following basic recommendations should be incorporated into the design of the erosion and sediment control features of the site: 1) Phase the soil, foundation, utility and other work, requiring excavation or the disturbance of the site soils, to take place during the dry season (generally May through September). However, Krazan & Associates, Inc. Offices Serving The Western United States All" 9 KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 14 provided precautions are taken using Best Management Practices (BMP's), grading activities can be undertaken during the wet season (generally October through April), but it should also be known that this may increase the overall cost of the project. 2) All site work should be completed and stabilized as quickly as possible. 3) Additional perimeter erosion and sediment control features may be required to reduce the possibility of sediment entering the surface water. This may include additional silt fences, silt fences with a higher Apparent Opening Size (AOS), construction of a berm, or other filtration systems. 4) Any runoff generated by dewatering discharge should be treated through construction of a sediment trap if there is sufficient. space. If space is limited, other filtration methods will need to be incorporated. Groundwater Influence on Structures and Earthwork Construction Groundwater seepage was encountered in the soil borings at the time of our site visit. It should be recognized that groundwater elevations may fluctuate with time. The groundwater level will be dependent upon seasonal precipitation, irrigation, land use, and climatic conditions, as well as other factors. Therefore, groundwater levels at the time of the field investigation inay be different from those encountered during the construction phase of the project. The evaluation of such factors is beyond the scope of this report. If groundwater is encountered during construction, we should observe the conditions to determine if dewatering will be needed. Design of temporary dewatering systems to remove groundwater should be the responsibility of the contractor. If earthwork is performed during or soon after periods of precipitation, the subgrade soils may become saturated. These soils may "pump," and the materials may not respond to densification techniques. Typical remedial measures include: disking and aerating the soil during dry weather; mixing the soil with drier materials; removing and replacing the soil with an approved fill material. A qualified geotechnical engineering firm should be consulted prior to implementing remedial measures to observe the unstable subgrade conditions and provide appropriate recommendations. If earthwork is performed during or soon after periods of precipitation, the subgrade soils may become saturated. These soils may "pump," and the materials may not respond to densification techniques. Typical remedial measures include: disking and aerating the soil during dry weather; mixing the soil with drier materials; removing and replacing the soil with an approved fill material. A qualified geotechnical engineering firm should be consulted prior to implementing remedial measures to observe the unstable subgrade conditions and provide appropriate recormmendations. Krazan & Associates, Inc. Offices Serving The Western United States ►VI C KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 15 Drainalle and Landscaping The ground surface should slope away from building pads and pavement areas, toward appropriate drop inlets or other surface drainage devices. It is recoimnended that adjacent exterior grades be sloped a minimum of 2 percent for a minimum distance of 5 feet away from structures. We recommend the installation of foundation drains with cleanouts for this project. The foundation drains should consist of a minimum 4-inch diameter perforated pipe, sloped to drain, with perforations placed near the bottom and enveloped by 6 inches of washed gravel in all directions and filter fabric to prevent the migration of fines into the drains. Roof drains should be tightlined away from foundations to a suitable outlet. Roof drains should not be connected to the footing drains. Subgrade soils in pavement areas should be inclined at a minimum of 1 percent and drainage gradients should be maintained to carry all surface water to collection facilities, and suitable outlets. These grades should be maintained for the life of the development. Specific recommendations for and design of storm water disposal systems or septic disposal systems are beyond the scope of our services and should be prepared by other consultants that are familiar with design and discharge requirements. Utility Trench Backiill Utility trenches should be excavated according to accepted engineering practices following Occupational Safety and Health Administration (OSHA) standards, by a contractor experienced in such work. The responsibility for the safety of open trenches should be borne by the contractor. Traffic and vibration adjacent to trench walls should be minimized; cyclic wetting and drying of excavation side slopes should be avoided. Depending upon the location and depth of some utility trenches, groundwater flow into open excavations could be experienced, especially during or shortly following periods of precipitation. All utility trench backfill should consist of structural fill. Utility trench backfill placed in or adjacent to buildings and exterior slabs should be compacted to at least 95 percent of the maximum dry density based on ASTM Test Method D1557. The upper 5 feet of utility trench backfill placed in pavement areas should be compacted to at least 95 percent of the maximum dry density based on ASTM Test Method D1557. Below 5 feet, utility trench backfill in pavement areas should be compacted to at least 90 percent of the maximum dry density based on ASTM Test Method D1557. Pipe bedding should be in accordance with the pipe manufacturer's recommendations. The contractor is responsible for removing all water -sensitive soils from the trenches regardless of the backfill location and compaction requirements. The contractor should use appropriate equipment and methods to avoid damage to the utilities and/or structures during fill placement and compaction. Krazan & Associates, Inc. Offices Serving The Western United States pab KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 16 Pavelitent Dcsi n The near -surface subgrade soils generally consist of sand with gravel. These soils are rated as fair to good for pavement subgrade material. We estimate that the subgrade will have a California Bearing Ratio (CBR) value of 12 and a modulus of subgrade reaction value of k = 200 pci, provided the subgrade is prepared in general accordance with our recommendations. Appropriate lab tests can be performed for confirmation of these recommendations when the pavement areas have been defined. Depending on the existing soil conditions, at the tune of subgrade preparation, we recommend that, at a minimum, 12 inches of the existing subgrade material be moisture conditioned (as necessary) and compacted to prepare for the construction of pavement sections. The subgrade should be compacted to at least 95 percent of the maximum dry density as determined by ASTM Test Method D1557. In place density tests should be performed to verify proper moisture content and adequate compaction. The subgrade may be proof rolled in lieu of the in -place density tests, particularly if dense, native soils are observed. In this case, moisture conditioning and compaction work may not be required. Alternatively, if moisture sensitive subgrade soils prohibit the use of vibratory compaction, it may be necessary to remove disturbed soil and replace the disturbed materials with clean crushed rock fill. The recommended flexible and rigid pavement sections are based on design CBR and modulus of subgrade reaction (k) values that would be achieved, only following proper subgrade preparation. It should be noted that subgrade soils that are relatively high in silt or clay content may be highly sensitive to moisture conditions. The subgrade strength and performance characteristics of a silty or clayey subgrade material may be dramatically reduced if this material becomes wet. Traffic load information was not provided, however, based on our knowledge of the proposed project, we expect the traffic to be relatively light consisting mostly of passenger automobiles. For heavier traffic areas such as loading and unloading areas, as well as truck routes, we have provided heavy duty pavement sections. The following tables show the recommended pavement sections for light duty and heavy duty use. Krazan & Associates, Inc. Offices Serving The Western United States p2-7 KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 17 ASPHALTIC CONCRETE (FLEXIBLE) PAVEMENT LIGHT DUTY ARKING AREA) -AMC Cb'' ' re a rteci:ixb r 2.0 in. 6.0 in. 1712.0 in. * 95% compaction based on ASTMTest Method DI557 ** A proof roll may be performed in lieu of in place density tests ASPHALTIC CONCRETE (FLEXIBLE) PAVEMENT HEAVY DUTY (HEAVY TRUCK AREA) W "b altie'C n irete"''� :< e :ae*' :rx Cornvlacteci` i atle'E *' 3.0 in. 6.0 in. 12.0 in. * 95% compaction based on ,4STM Test Method D1557 ** A proof roll may be performed in lieu of in place density tests PORTLAND CEMENT CONCRETE (RIGID) PAVEMENT 'r A e ►ate`Bas .} �': Cni;� 'ifteduli 6.0 in. 6.0 in. 12.0 in. * 95% compaction based on ASTM Test Method D1557 ** A proof roll may be performed in lieu of in place density tests The asphaltic concrete depth in the flexible pavement tables should be a surface course type asphalt, such as Washington Department of Transportation (WSDOT)'/ inch HMA. The rigid pavement design is based on a Portland Cement Concrete (PCC) mix that has a 28 day compressive strength of 4,000 pounds per square inch (psi). The design is also based on a concrete flexural strength or modulus of rapture of 550 psi. Tesiina and Inspection A representative of Krazan & Associates, Inc. should be present at the site during the earthwork activities to confirm that actual subsurface conditions are consistent with the exploratory fieldwork. This activity is an integral part of our services as acceptance of earthwork construction is dependent upon compaction testing and stability of the material. This representative can also verify that the intent of these recommendations is incorporated into the project design and construction. Krazan & Associates, Inc. will not be responsible for grades or staking, since this is the responsibility of the Prime Contractor. Furthermore, Krazan & Associates is not responsible for the contractor's procedures, methods, scheduling or management of the work site. Krazan & Associates, Inc. Offices Serving The Western United States KRAZAN & ASSOCIATES, INC. KANo. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 18 LEWTATIDNS Geotechnical engineering is one of the newest divisions of Civil Engineering. This branch of Civil Engineering is constantly improving as new technologies and understanding of earth sciences improves. Although your site was analyzed using the most appropriate current techniques and methods, undoubtedly there will be substantial future improvements in this branch of engineering. In addition to improvements in the field of geotechnical engineering, physical changes in the site either due to excavation or fill placement, new agency regulations or possible changes in the proposed structure after the time of completion of the soils report may require the soils report to be professionally reviewed. In light of this, the owner should be aware that there is a practical limit to the usefulness of this report without critical review. Although the time limit for this review is strictly arbitrary, it is suggested that two years be considered a reasonable time for the usefulness of this report. Foundation and earthwork construction is characterized by the presence of a calculated risk that soil and groundwater conditions have been fully revealed by the original subsurface investigation. This risk is derived from the practical necessity of basing interpretations and design conclusions on limited sampling of the earth. Our report, design conclusions and interpretations should not be construed as a warranty of the subsurface conditions. Actual subsurface conditions may differ, sometimes significantly, from those indicated in this report. The recommendations made in this report are based on the assumption that soil conditions do not vary significantly from those disclosed during our field investigation. The findings and conclusions of this report can be affected by the passage of time, such as seasonal weather conditions, manmade influences, such as construction on or adjacent to the site, natural events such as earthquakes, slope instability, flooding, or groundwater fluctuations. If any variations or undesirable conditions are encountered during construction, the geotechnical engineer should be notified so that supplemental recommendations can be made. The conclusions of this report are based on the information provided regarding the proposed construction. If the proposed construction is relocated or redesigned, the conclusions in this report may not be valid. The geotechnical engineer should be notified of any changes so that the recommendations can be reviewed and reevaluated. Misinterpretations of this report by other design team members can result in project delays and cost overruns. These risks can be reduced by having Krazan & Associates, Inc. involved with the design teams meetings and discussions after submitting the report. Krazan & Associates, Inc. should also be retained for reviewing pertinent elements of the design team's plans and specifications. Contractors can also misinterpret this report. To reduce this, risk Krazan & Associates. Inc. should participate in pre -bid and preconstruction meetings, and provide construction observations during the site work. This report is a geotechnical engineering investigation with the purpose of evaluating the soil conditions in terms of foundation design. The scope of our services did not include any environmental site Krazan & Associates, Inc. Offices Serving The Western United States AFIR KRAZAN & ASSOCIATES, INC. KA No. 062-16008 Proposed Dental Office DRAFT Federal Way, WA January 20, 2017 Page No. 19 assessment for the presence or absence of hazardous and/or toxic materials in the soil, groundwater or atmosphere, or the presence of wetlands. Any statements or absence of statements, in this report or on any soils log regarding odors, unusual or suspicious items, or conditions observed are strictly for descriptive purposes and are not intended to convey engineering judgment regarding potential hazardous and/or toxic assessments. The geotechnical information presented herein is based upon professional interpretation utilizing standard engineering practices and a degree of conservatism deemed proper for this project. It is not warranted that such information and interpretation cannot be superseded by future geotechnical developments. We emphasize that this report is valid for this project as outlined above, and should not be used for any other site. Our report is prepared for the exclusive use of our client. No other party may rely on the product of our services unless we agree in advance to such reliance in writing. If you have any questions, or if we may be of further assistance, please do not hesitate to contact our office at (425) 485-5519. Respectfully submitted, I RAZAN & ASSOCIATES, INC. JGL/MDR Krazan & Associates, Inc. Offices Serving The Western United States M:) Vicinity Map N (Not to Scale) s3 w� 33ON S 533MgTr h L 37,E 3Ap•S7 � 5336 SST N p h N f Approximate Si#e Area � A S 3"TH ST e S348THSir 1 SIU- 7 i s 351r7i1 sr N n W tip 161 Al Northwest of S. 348th St. and 1st Ave. S. - Federal Way, WA Reference: The vicinity Map Is based on a USGS topographic map tilled, 'Poverty Bay quadrangle- Washington -7.5-Mlnuto Series; dated 2014, j<.raLrZ�� & A S S 0 C I A T E S, I N C. Federal Way Dental - Northwest of S. 348th St. and 1st Ave. S. - Federal Way, WA Date: November 2016 Protect Number: 062 -16008 Drawn By: NG Figure 1 Not to scale r-3 L Site Plan (Not to Scale) 1 i i i I Proposed 1 1 1 I 1 1 1 1 1 1 1 1 Approximate Site Boundary 1 1 1 .1 \ 1 \ LEGEND otemnee: Slta plan Is ba%od on a drawing pmAded by Client Mod, 'Federal Way, WA. Concept Silc Opllon 4," dutod Soplember 22, 2016. B-1 Number and Approximate Location of Krazan Soil Boring on 11-29-16. Federal Way Dental - Northwest of S. 348th St. and 1st Ave. S. -Federal Way, WA - Date: November 2016 Project Number. 062-16008 Drawn By: NG Figure: 2 Not to scale A32 APPENDIX A FIT, LD INVESTIGATION AND LABORATORY TESTING Field Investivation The field investigation consisted of a surface reconnaissance and a subsurface exploration program. Two (2) geotechnical borings were drilled and sampled for the subsurface exploration at this site. The soil borings were completed on November 29, 2016 by a Krazan subcontractor utilizing a truck - mounted drill rig. The soil borings were advanced to depths ranging from about 21.5 to 31.5 feet below the existing ground surface. The approximate exploratory boring locations are shown on the Site Plan (Figure 2). The depths shown on the attached soil boring logs are from the existing ground surface at the time of our exploration. The drilled borings were advanced using a truck mounted, auger drilling rig. Soil samples were obtained by using the Standard Penetration Test (SPT) as described in ASTM Test Method D1586. The Standard Penetration Test and sampling method consists of driving a standard 2-inch outside -diameter, split barrel sampler into the subsoil with a 140-pound hammer free falling a vertical distance of 30 inches. The summation of hammer -blows required to drive the sampler the final 12-inches of an 18- inch sample interval is defined as the Standard Penetration Resistance, or N-value. The blow count is presented graphically on the boring logs in this appendix. The resistance, or "N" value, provides a measure of the relative density of granular soils or of the relative consistency of cohesive soils. The soils encountered were logged in the field during the subsurface exploration and, with supplementary laboratory test data, are described in accordance with the Unified Soil Classification System (USCS). All samples from the explorations were returned to our laboratory for evaluation. The logs of the soil borings along with the laboratory test results are presented in this appendix. Laboratory Testing The laboratory testing program was developed primarily to determine the index properties of the soils. Test results were used for soil classification and as criteria for determining the engineering suitability of the subsurface materials encountered. Sulfate testing was also conducted on near -surface soil samples. Test results from AM TEST, Inc. are included in this appendix. Krman and Associates, I na Offices Serving The Western United States n3 OF Soil Classification USCS Soil Classification Major Division Group Description Coarse- Grained Soils < 50% passes #200 sieve Gravel and Gravelly Soils < 50% coarse fraction passes #4 sieve Gravel (with little or no fines) GW Well -Graded Gravel GP Poorly Graded Gravel Gravel (with > 12% fines) GM Silty Gravel GC Clayey Gravel Sand and Sandy Solis > 50% coarse fraction passes #4 sieve Sand (with little or no fines) SW Well -Graded Sand SP Poorly Graded Sand Sand (with > 12% fines) SM Silty Sand SC Clayey Sand Fine- Grained Soils Silt and Clay Liquid Limit < 50 ML Silt CL Lean Clay OL Organic Silt and Clay (Low Plasticity) > 50% passes #200 sieve Silt and Clay Liquid Limit > 50 MH Inorganic Silt CH Inorganic Clay OH Organic Clay and Silt (Med. to High Plasticity) Highly Organic Soils PT Peat Relative Density with Respect to SPT N-Value Coarse -Grained Soils Fine -Grained Soils Density N-Value (Blows/Ft) Density N-Value (Blows/Ft) Very Loose 0-4 Very Soft 0-1 Loose 5 -10 Soft 2-4 Medium Dense 11 - 30 Medium Stiff 5-8 Dense 31 - 50 Stiff 9 - 15 Very Dense > 50 Very Stiff 16 - 30 Hard > 30 1 KRAZAN AND ASSOCIATES, INC. 4303 - 998th St SW Lynnwood, WA MATERIAL DESCRIPTION Pavement Section 5-inches of asphalt and crushed gravel Fill Material Brown gravel with sand (medium dense to very dense, moist) soil becomes wet Silt with Clay (ML) Gray silt with clay and trace sand (very stiff, moist to wet) - soil becomes silty clay (CL-ML) LOG OF EXPLORATORY BORING B-1 PROJECT: Federal Way Dental DATE: 11129/16 PROJECT NO.: 062-16008 PAGE: 1 of 1 LOGGED BY: JLING SURFACE ELEVATION: CONTRACTOR: Geologic Drill BORING TYPE: Hollow Stem Auger SAMPLE METHOD: SPT - Split Spoon LOCATION: Federal Way, WA FN- in z v Natural Moisture N-VALUE (GRAPH) Content 0 O wa N J 0 io < o `m> IL (Percent) N Q 10 20 30 40 10 20 30 40 z � U) `` 0 23 - soil becomes silt with clay (ML) End of Exploratory Boring 58 50 Uic 24 28 23 Water Level Initial:.Z Final: I Water Observations: Perched groundwater was encountered at a depth of approximately 11.0 feet below the ground surface. Notes: j5 LOG OF EXPLORATORY BORING B-2 KRAZAN AND ASSOCIATES, INC. 4303 -198th St SW PROJECT: Federal Way Dental DATE:11/29/16 Lynnwood, WA PROJECT NO.: 062-16008 PAGE:1 of 1 LOGGED BY: JL/NG SURFACE ELEVATION: CONTRACTOR: Geologic Drill BORING TYPE: Hollow Stem Auger SAMPLE METHOD: SPT - Split Spoon LOCATION: Federal Way, WA J W z m N-VALUE (GRAPH) Natural Moisture Content MATERIAL DESCRIPTION v �, F w Uj a v w p I_ 4- Q- a g (Percent) o V)� m ° z 10 20 30 40 10 20 30 40 ran ,. Pavement Section 5-inches of asphalt and crushed gravel 5 ae •� • - •" ---T_ Fill Material 2� *..• Brown gravel with sand 'B (medium dense to very dense, moist) 49 43 • 3 24 i '• 33 i-. r i. 4 yw/ r •" ■ • 26 72 14 � r 15 ~, • ; _ - soil becomes wet r �� 31 56 Silt with Clay (ML) Gray silt with clay and trace sand (very stiff to hard, moist) i 20 9 i 3D 13 25 $ 1v 21 30 I 14 31 End of Exploratory Boring Water Level Initial: $ Final: I Water Observations: Perched groundwater was encountered at a depth of approximately 15.0 feet below the ground surface. Notes: A3b IN e( 8( V 0 A 1C ( Krazan & Assoc. Sieve Analysis v o a❑ o o a o � .y T 3 T i���u�inu�mw���ii�nu�■�mu 111111 M1111111111111111 11111111 11MM1111 111 IN 11111110KA11111 ��II�IIIIIII�I�I���I�lal�■IDlulNN 1�■I�IIIIYulAIlismilli IYE1I3AI111I11m11111 INE1101111111111111111 -I uu 1u I - - . --, , GKAIN SILt - MM. % +3" % Gravel % Sand % Fines Coarse Fine Coarse Medium Fine Slit Clay 0.0 20.9 40.4 7.0 13.3 13.4 5.0 Test Results (ASTM C•136 & ASTM C-117) Opening Percent Spec." Pass? Size Finer (Percent) (X=Fall) 1.25 100.0 1 92.4 .75 79.1 .5 55.0 .375 46.6 #4 38.7 #10 31.7 #20 26.0 #40 18.4 #60 11.1 #100 7.4 #200 5.0 Material Description Brown poorly graded gavel with silt and sand Atterherg Limits (ASTM D_481B) PL= NP LL= NV PI= Classification USCS (D 2487)= GP -GM AASHTO (M 145)= A-1-a !PoefFicients D80= 23.8682 13850 21.3207 D60= 14.0009 D50= 11.0690 D30= 1.5440 D95= 0.3358 D70= 0.2234 Cu= 62.67 Cc= 0.76 Remarks Natural Moisture Content (ASTM D-2216): 3.0% Date Received: 12/2/16 Date Tested: 12/5/16 Tested By: Ross Goff Checked By: Corbett Mercer Title: Lab Manager (no specification provide(l) Location: Boring 2 Date Sampled: 11/29/16 Sample u e 0 7-Deptho 5.0' Client: Covenant Group Project: Proposed New Dental Office Proiect NO: 06216009 F' re 1A3-? LIQUID AND PLASTIC LIMITS TEST REPORT 40 X W O Z U30 F Q J a 20 10 {) 10 20 30 40 50 60 7G OD 90 100 110 LIQUID LIMIT MATERIAL DESCRIPTION LL PL PI W40 W200 USCS ■ Light grayish -brown silty clay 27 15 12 98.7 N/A CL Project No. 06216008 Client: Covenant Group Remarks: Project: Proposed New Dental Office *Sample ID: 57037-B. *Location: Boring 1 Depth: 20' - 21.5' Sample Number: 57037-B 1 Kxazan Figure r r Dashed line indicates the approximate r r upper limn boundary for natural soils r ' dt r r r r r' rr rr Al/ N49L ®r �L i�fF� car QE-I � L Tested By: Ross Goff Checked By: Corbett Mercer w Am Test Inc. 13600 NE 126TH PL Suite C Kirkland, WA 98034 (425) 885-1664 www.amtestlab.com Fftk ANFEST L A B O H A 7 O B 1 ES ANALYSIS REPORT KRAZAN & ASSOCIATES, INC 4303-198TH ST SW LYNNWOOD, WA 98036 Attention: JEFF LEAGUE Project Name: FEDERAL WAY DENTAL OFFICE PO Number: 06216008 All results reported on an as received basis. AMTEST Identification Number 16-AO29973 Client Identification 57037-A Sampling Date 11129/16, 08:00 Minerals PARAMETER jRESULT UNITS fC Sulfate 10 uglq I AMTEST Identification Number Client Identification Sampling Date Minerals 16-AO29974 57037-C 11/29/16, 10:00 Professional Analytical Services Date Received: 12/06/16 Date Reported: 1 /13/17 D.L METHOD JANALYtT I DATE 10 1EPA 300.0 JC 01/06/17 PARAMETER REStiLT UNITS IQ �i3.L`. METHOD ANALYST fiOATE Sulfate < 10 lug/g 10 EPA 300.0 JC 01/06/17 Kathy Fu iel President w Am Test Inc. Professional 13600 NE 126th PL Analytical Suite C Services Kirkland, WA, 98034 AFffw EST (425) 885-1664 L w e o R a r o R I V s www.amtestiab.com QC Summary for sample numbers: 16-AO29973 to 16-AO29974 DUPLICATES SAMPLE # ANALYTE I UNITS ISAMPLEVALUE IDUPVALUE RPD 16-A029973 Sulfate I ug/g 1<10 1<10 STANDARD REFERENCE MATERIALS ANALYTE _ _ UNITS TRUE VALUE I MEASURED VALUE IREGOVERY Sulfate I ug/g 1200 1200 1100.% BLANKS ANALYTE UNITS I RESULT uq/ca 1<10 MI APPENDIX B EARTHWORK SPECIFFICATIONS GENERAL When the text of the report conflicts with the general specifications in this appendix, the recommendations in the report have precedence. SCOPE OF WORK: These specifications and applicable plans pertain to and include all earthwork associated with the site rough grading, including but not limited to the furnishing of all labor, tools, and equipment necessary for site clearing and grubbing, stripping, preparation of foundation materials for receiving fill, excavation, processing, placement and compaction of fill and backfill materials to the lines and grades shown on the project grading plans, and disposal of excess materials. PERFORMANCE: The Contractor shall be responsible for the satisfactory completion of all earthwork in accordance with the project plans and specifications. This work shall be inspected and tested by a representative of Krazan and Associates, Inc., hereinafter known as the Geotechnical Engineer and/or Testing Agency. Attainment of design grades when achieved shall be certified to by the project Civil Engineer. Both the Geotechnical Engineer and Civil Engineer are the Owner's representatives. If the contractor should fail to meet the technical or design requirements embodied in this document and on the applicable plans, he shall make the necessary readjustments until all work is deemed satisfactory as determined by both the Geotechnical Engineer and Civil Engineer. No deviation from these specifications shall be made except upon written approval of the Geotechnical Engineer, Civil Engineer or project Architect. No earthwork shall be perforined without the physical presence or approval of the Geotechnical Engineer. The Contractor shall notify the Geotechnical Engineer at least 2 working days prior to the commencement of any aspect of the site earthwork. The Contractor agrees that he shall assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously and not be limited to normal working hours; and that the Contractor shall defend, indemnify and hold the Owner and the Engineers harmless from any and all liability, real or alleged, in connection with the performance of work on this project, except for liability arising from the sole negligence of the Owner of the Engineers. TECHNICAL REQUIREMENTS: All compacted materials shall be densified to a density not less than 95 percent of maximum dry density as determined by ASTM Test Method D1557 as specified in the technical portion of the Geotechnical Engineering Report. The results of these tests and compliance with these specifications shall be the basis upon which satisfactory completion of work will be judged by the Geotechnical Engineer. Krazan and Associates, I na. Offices Serving The Western United States PA\ SOIL AND FOUNDATION CONDITIONS: The Contractor is presumed to have visited the site and to have familiarized himself with existing site conditions and the contents of the data presented in the soil report. The Contractor shall make his own interpretation of the data contained in said report, and the Contractor shall not be relieved of liability under the contractor for any loss sustained as a result of any variance between conditions indicated by or deduced from said report and the actual conditions encountered during the progress of the work. DUST CONTROL: The work includes dust control as required for the alleviation or prevention of any dust nuisance on or about the site or the borrow area, or off -site if caused by the Contractor's operation either during the performance of the earthwork or resulting from the conditions in which the Contractor leaves the site. The Contractor shall assume all liability, including Court costs of codefendants, for all claims related to dust or windblown materials attributable to his work. SITE PREPARATION Site preparation shall consist of site clearing and grabbing and preparations of foundation materials for receiving fill. CLEARING AND GRUBBING: The Contractor shall accept the site in this present condition and shall demolish and/or remove from the area of designated project, earthwork all structures, both surface and subsurface, trees, brush, roots, debris, organic matter, and all other matter determined by the Geotechnical Engineer to be deleterious. Such materials shall become the property of the Contractor and shall be removed from the site. Tree root systems in proposed building areas should be removed to a minimum depth of 3 feet and to such an extent which would permit removal of all roots larger than 1 inch. Tree root removed in parking areas may be limited to the upper 1%z feet of the ground surface. Backfill or tree root excavation should not be permitted until all exposed surfaces have been inspected and the Geotechnical Engineer is present for the proper control of backfill placement and compaction. Burning in areas, which are to receive fill materials, shall not be permitted. SUBGRADE PREPARATION: Surfaces to receive Structural fill shall be prepared as outlined above, excavated/scarified to a depth of 12 inches, moisture -conditioned as necessary, and compacted to 95 percent compaction. Loose and/or areas of disturbed soils shall be moisture conditioned and compacted to 95 percent compaction. All ruts, hummocks, or other uneven surface features shall be removed by surface grading prior to placement of any fill material. All areas which are to receive fill materials shall be approved by the Geotechnical Engineer prior to the placement of any of the fill material. EXCAVATION: All excavation shall be accomplished to the tolerance normally defined by the Civil Engineer as shown on the project grading plans. All over excavation below the grades specified shall be backfilled at the Contractor's expense and shall be compacted in accordance with the applicable technical requirements. FILL AND BACKFILL MATERIAL: No material shall be moved or compacted without the presence of the Geotechnical Engineer. Material from the required site excavation may be utilized for construction site fills provided prior approval is given by the Geotechnical Engineer. All materials Krazan and Assodates, I nc Offices Serving The Western United States �n utilized for constructing site fills shall be free from vegetable or other deleterious matter as determined by the Geotechnical Engineer. PLACEMENT, SPREADING AND COMPACTION: The placement and spreading of approved fill materials and the processing and compaction of approved fill and native materials shall be the responsibility of the Contractor. However, compaction of fill materials by flooding, ponding, or jetting shall not be permitted unless specifically approved by local code, as well as the Geotechnical Engineer. Both cut and fill shall be surface compacted to the satisfaction of the Geotechnical Engineer prior to final acceptance. SEASONAL LIMITS: No fill material shall be placed, spread, or Tolled while it is frozen or thawing or during unfavorable wet weather conditions. When the work is interrupted by heavy rains, fill operations shall not be resumed until the Geotechnical Engineer indicates that the moisture content and density of previously placed fill are as specified. Krazan and Asscdates, I nc Offices Serving The western United States AA3 APPENDIX C PAVEMENT SPECIFICATIONS 1. DEFINITIONS — The term "pavement" shall include asphalt concrete surfacing, untreated aggregate base, and aggregate subbase. The term "subgrade" is that portion of the area on which surfacing, base, or subbase is to be placed. 2. SCOPE OF WORK — This portion of the work shall include all labor, materials, tools and equipment necessary for and reasonable incidental to the completion of the pavement shown on the plans and as herein specified, except work specifically notes as "Work Not Included." 3. PREPARATION OF THE SUBGRADE — The Contractor shall prepare the surface of the various subgrades receiving subsequent pavement courses to the lines, grades, and dimensions given on the plans. The upper 12 inches of the soil subgrade beneath the pavement section shall be compacted to a minimum compaction of 95% of maximum dry density as determined by test method ASTM D1557. The finished subgrades shall be tested and approved by the Geotechnical Engineer prior to the placement of additional pavement of additional pavement courses. 4. AGGREGATE BASE — The aggregate base shall be spread and compacted on the prepared subgrade in conformity with the lines, grades, and dimensions shown on the plans. The aggregate base should conform to WSDOT Standard Specification for Crushed Surfacing Base Course or Top Course (Item 9-03.9(3)). The base material shall be compacted to a minimum compaction of 95% as determined by ASTM D 1557. Each layer of subbase shall be tested and approved by the Geotechnical Engineer prior to the placement of successive layers. 5. ASPHALTIC CONCRETE SURFACING — Asphaltic concrete surfacing shall consist of a mixture of mineral aggregate and paving grade asphalt, mixed at central mixing plant and spread and compacted on a prepared base in conformity with the lines, grades, and dimensions shown on the plans. The viscosity grade of the asphalt shall be AR-4000. The mineral aggregate shall be WSDOT '/2 inch Hot Mix Asphalt (HMA). The drying, proportioning, and mixing of the materials shall conform to WSDOT Specifications. The prime coat, spreading and compacting equipment, and spreading and compacting the mixture shall conform to WSDOT Specifications, with the exception that no surface course shall be placed when the atmospheric temperature is below 50 degrees F. The surfacing shall be rolled with combination steel - wheel and pneumatic rollers, as described in WSDOT Specifications. The surface course shall be placed with an approved self-propelled mechanical spreading and finishing machine. 6. TACK COAT — The tack (mixing type asphaltic emulsion) shall conform to and be applied in accordance with the requirements of WSDOT Specifications. Krazan and Aswdates, I na Offices Serving The Western United States It -�1`aZafl & ASSOCIATES, INC. GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING & INSPECTION July 20, 2017 Krazan File Number 062-16008 Covenant Group 2044 California Avenue Corona, CA 92881 Attention: Ms. Julie A. Margetich Email: Mar etichJ acifiiedentalseMces.com Tel: (951) 582-5745 Reference: Geotechnical Engineering Addendum Letter Stormwater Infiltration Feasibility Proposed New Dental Office Parcel No. 415920-0715 SW Campus Drive & 1' Avenue South Federal Way, WA Dear Ms. Margetich, This letter presents our geotechnical engineering opinions regarding stonnwater runoff infiltration feasibility for the proposed new dental office to be located northwest of the intersection of SW Campus Drive and 1st Avenue South in Federal Way, Washington. Introduction It is our understanding that the City of Federal Way has requested information regarding the feasibility of on -site stormwater infiltration for this project location. We previously issued a geotechnical engineering report for the site titled, "Geotechnical Engineering Investigation — Proposed New Dental Office — Parcel No. 415920-0715 — SW Campus Drive and 1st Avenue South, Federal Way, Washington 98023," dated February 15, 2017. The scope of our additional services were outlined in our "Change Order No. 1 — Geotechnical Engineering Consultation Services — Proposed New Dental Office — Parcel No. 415920-0715 — SW Campus Drive & lst Avenue South, Federal Way, WA," dated July 20, 2017. Subsurface Conditions Our previous soil borings at the project site encountered gravel and sand fill material overlying native silt with clay soils. The gravel and sand fill was approximately 12 to 16 feet in depth at our boring locations, and interpreted to have been imported and compacted during previous earthwork construction. The native silt with clay soils were interpreted to have been deposited in an ancient lacustrine, or lake, environment. Offices Serving The Western United States 4303 —198" Street SW, Lynnwood, WA 98036 • (425) 485-5519; Fax (425) 485-6837 A44 A KRAZAN & ASSOCIATES, INC. KA Project No. 062-16008 Federal Way Dental Office Stormwater Infiltration Feasibility Letter July 20, 2017 Page No. 2 Groundwater seepage was encountered in our two soil borings from about 11 to 15 feet below the existing ground surface. Stormwater Infiltratioxi Feasibility' It is our opinion from a geotechnical standpoint that stormwater infiltration, including pervious pavement, is not feasible due to the presence of fill material overlying native silty and clayey soils. Fill materials can vary in texture and density, and therefore it is typically recommended that fill materials not be used as a medium for stormwater infiltration. We also referred to the "King County, Washington — Surface Water Design Manual," (KCWSWDM) (King County Department of Natural Resources and Parks, April 24, 2016), and the City of Federal Way stormwater manual titled, "Addendum to The King County Surface Water Design Manual," effective date January 8, 2017. The King County stormwater manual indicates that the bottom of infiltration facilities must be in native soil (ie. see Chapter 5, Sections 5.2.4.1 and 5.2.5.1). Accordingly, stormwater infiltration is not feasible at this site due to the fill materials encountered in our previous geotechnical explorations. Also, we understand that there is a subsurface stormwater vault adjacent to the site, and infiltration of stormwater on this site could have deleterious affects on the underground structure. Limitations This letter has been prepared for the exclusive use of our client and project representatives, for the specific application to the subj ect site. Our conclusions are based on the limited investigation of subsurface conditions at the subject site and on our interpretation of the current conditions only. If conditions are encountered that appear to be different than those described in this report, we should be notified so that we may review and verify or modify our recommendations. This letter does not include any environmental site assessment for the presence or absence of hazardous and/or toxic materials in the soil, groundwater or atmosphere, or the presence of wetlands or other biological conditions. The information presented herein is based upon professional interpretation using standard industry practices and engineering conservatism that we consider proper for this project. It is not warranted that such information and interpretation cannot be superseded by future geotechnical developments. Within the limitations of scope, schedule and budget, our services have been performed in accordance with generally accepted geotechnical engineering practices in effect in this area at the time this letter was prepared. No other warranty, expressed or implied, is made. Our observations, findings and opinions are a means to identify and reduce the inherent risks to the owner. Krazan & Associates, Inc. Offices Serving The Western United States A� q .P2 KRAZAN & ASSOCIATES, INC. KA Project No. 062-16008 Federal Way Dental Office Stormwater Infiltration Feasibility Letter July 20, 2017 Page No. 3 We appreciate the opportunity to provide this service for you. If you have any questions, or if we may be of further assistance, please do not hesitate to contact our office at (253) 939-2500. Respectfully submitted, KRAZAN & ASSOCIATES, INC. 07/20/17 0W ash. o ro a d GOp� Jeffrey G. League Michael D. Rundquist, P.E. Jeffrey G. League, L.G. Senior Project Manager Project Geologist JGL:MDR Krazan & Associates, Inc. Offices Serving The Western United States t1�� V V IG1���`f M.AtP r T r 1 t' °J LcO N R .'1 T. 4..•. ._ ::4't .i4$ � {:;t• i�.a;. !'W:l._i ,. ltl<� � ¢IN-/:. x. .. ` } 0 Y SSy V R s $'d�' \ c SITr e d ..•Yin-• 4. x. �' ` ..w iL' •l�'R':: 'L TM 'C � _ °y 7.'. 5!:.'iM.� ,,,,. a � �,i's llv:., i� • ': Y.JSiF �• ,,rr��q¢ 00 p v v rr�+rrnr 5y. � C{ kig 47-' 1731'N g 47° 1721'N Soil Map —King County Area, Washington sc, 5 5500?0 ssotaa 16M 550120 W50 550180 550210 3 fn Map Scale: 1:1,500 W pNnted on A pot -at (8.5' x 11") sheet. Meters 0 20 40 so 120 --- --. ��------,Feet 0 50 100 203 300 ppr Maoyxtion: Web Mercator Cartes 000rdnates: WGS84 Edge tics: UTM Zone ION WGSS4 �SpA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey [-� L�b 550240 MA III 11' 31' N 47° 1721'N 559330 3 0 b j 4/6/2017 +� Page 1 of 3 , Soil Map —King County Area, Washington Map Unit Legend King County Area, Washington (WA633) Map Unit Symbol Map Unit Name Acres In AOI Percent of AOI EwC I Everett-Alderwood gravelly 1.2 100.0% sandy loams, 6 to 15 percent slopes - - - --- Totals for Area of Interest 1.2 100.0% USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 4/6/2017 Page 3 of 3 velly coarse sand to very gravelly loamy sand th to the IIC horizon ranges from 18 to 36 hes. the Neilt in ma which is at depth ity is is slight, This soil urban developm group 3f3. e areas are up to 5 percent included A on the more rolling and undulating pa ndscape; some are about 5 percent the Indianola soils; and some are up to 25 very gravelly loamy sands. Also in ng are areas where consolidated gl c racteristically underlies Alderw d a\6inches of 5 to 15 feet. aety is rapid, The eff-ectiv o0 is or more. Available ater lRunoff is slow, and the a Sion Ir of P) ercent al till, soils, rang capac- h az and used for timber and fasture and for t, Capability unit Vs-1; woodland i. egular in shape, av from 25 acres to mor t off is slow to medium, slight to moderate. Soils included with no more than 25 percent areas are up to 5 perce overlie consolidated gl 20 percent Neilton very some are about 15 per soils where slopes ar and where they are ee This Everett soi is and for urban dev nine woodland group 3f . areas, m between gravelly most pla Soils no more areas overlia up L AV and ome Ev e tt mode Most ility 1 is rol ng. Areas are n a can x surface, and range hen 20 acres in size. Run — and t} erosion hazard is i soil in mapping make up the total acreage. Some Nod soils, which ; some are up to loamy sand; and ed areas of Everett ie than 5 percent 15 percent. timber and pasture 'lity unit VIs-1; �YFlJ.- his soil occurs as 1 g, narr ostly long drainageways or a 5}lort term a benches. It is simila to Ev s ay loam, 0 to 5 percent slo �s, b ce is stonier and more gravelly eluded with this soil in mappa m an 30 percent of the total acres up to 10 percent Aldorwood soils, consolidated glacial till; some are the deep, sandy Indianola soils; some percent Neilton very gravelly loamy are about 15 percent included areas soils where slopes are less than 15 p f is medium to rapid, and the erosion rate to severe. of the acreage is used for timber, unit Vie-1; woodland group 3f2. Everett ow slopes Brett ut in ake up Some hi ch to 5 ha Cap a- loams, 6 to 15 percent_slopes (Ew_C)1--This mapping unit is aaouz equalparts •vorett and Aldorwood soils. The soils are rolling. Slopes are dominantly 6 to 10 percent, but range from gentle to steep. Most areas are irregular in shape and rang© from 15 to 100 acres or more in size. In areas classified as Everett soils, field examination and geologic maps indicate 16 the presence of a consolidated substratum at a depth of 7 to 20 feet. This substratum is the same mate- rial as that in the Alderwood soils. Some areas are up to 5 percent included Norma, Seattle, and Tukwila soils, all of which are poorly drained, Runoff is slow to medium, and the erosion hazard is slight to moderate, Most of the acreage is used for timber, Capabil- ity unit VIs-1; woodland group 3f3. Fbg — The Indianola series .is made up of somewhat ex .ssively drained soils that formed under conifer in -,ndy, recessional, stratified glacial drift. Tiles undulating, rolling, and hummocky soils ar n terra s. Slopes are 0 to 30 percent. The ann L precip tation is 30 to 55 inches, and the mean annual it temperature is about 50° F, The f st- free se an is 150 to 210 days, Elevation r ges from abo sea Ievel to 1,000 feet. In a r resentative profile, the upper inches is brown, rk yellowish -brown, and light live - brown loamy 'ine sand, This is underlai by olive sand that ex nds to a depth of 60 incl or more (pl. I, right Indianola s 'is are used for timb and for urban development, i o a e s awove i►slopes (I C .--'1 is un ul\R.6 d roll g soil has convex slopes. It is neages o upland terraces. Areas range from 5 th 100 acres in size. Representative of ldianola loamy fine sand, 4 to 15 perces in forest, 1,000 feet west and 900 feet le northeast corner of sec. 32, T. 25 N., 01--3/4 inch to 0, leaf ter. B21ir--0 to 6 inches, ow GOYR 4/3) loamy fine sand, brown (10 5/3 dry; massive; soft, very friable, nstick nonplastic; many roots; slight. acid; c •ar, smooth boundary. 4 to 8 inche thick. B22ir--6 to 1S ' es, dark y:1 swish -brown (10YR 4/4) loamy, ine sand,'hro CIOYR 5/3) dry; massive; oft, very friable nonsticky, non - plastic common roots; sligh acid; clear, smooth oundary, 6 to 15 in thick. C1--15 to 3 inches, light olive -bra (2.5Y 5/4] loam fine sand, yellowish bm (IOYR 6/4) dry massive; soft, very friabI nonsticky, no lastic; common roots; slight acid; adual, smooth boundary. 12 to inches 3i.C1<. C2-- to 60 inches, olive (5Y 5/4) sand, ght brownish gray (2,5Y 6/2) dry; single ain; ]nose, nonsticky, nonplastic; few roe slightly acid. Many feet thick. i There is a thin, very dark brown Al hori the surface in some places. The B horizon N�D �LOOD WWRNQCe RP�Te MAP m� o iii a�ai'` cm e' E°�S Ooi Q } yy,�a.,11 aa o To LL Z = aac Laiw v8� n w C-D z _ �0 cn N a q E� B ooff �O LLIGo) UY F— P4 PAC)�Z �o ��p�tL C � log 9V rr OCL O R u. u�o Q U q O N IL p N c a w EZ m w c i i., ZVI Hinos WMATiL PHIM �i x m N � O = N r s-- N o Q 0 LLI Z hl� Q M CC)d') N O (7 w u, O GQJ o�� G PMa 4 W �7C'„Y'.� �lk irL h� W o I r r`•. o z "' �' +: u. =.ter. } • �6.�} Z ui ice,_- { r" • ^� rT� �r � •. T+!�s=' '.. "� _'►�y�u a �.�� K Y M1a vm Apt �a r��f}}}}�������� - �J�•_ ��`i ���`-•" `Smarm= Mrs 'may'-.�.•'4 4f, ' ..f _ .�-•' �� �i!`�` wpm' e khat0 104 41 of rids 0&L S0003 OOMM 006b-Z96 (mg) mirrs •b, axax awwn a wiwn •' , 0. 90 ILOLS N003HO 'NHneclo0M i Mdld 30VMVl10 WklO15 3f1N3AV ONVIOOOM'S OOb '�' "^'tl exm- st[u�I y 0NV `ONicivuo runEi-SV 'ONI '8000� OOMM "" "� ° Ttm M 'vim" y LZl9 aNl Jo-J vw IilYfi -VwSAV GNU ;I IM �77W 73 k iY ly� LO -MHS 33S 3NnHOIVW Fidelity National Title COMMERCIALSERVICCS Insurance Cornpany 600 UniversitySt., Suite 2424 Seattle, WA 98I01 Phone: 206-262-6291 Email: Marc.wise frlfcom COMMnNENTFOR TME Issued by �� Fidelity National Title of Washington, Inc.,, as agent for Fidelity National Title InsuranCe Company Fidelity National as of Washington, Inc,, � a (" Company"), for a valuable consideration, commits to issue its policy or alici gent for Fidelity National Title Insurance Company, a California Schedule A> in Favor of the Proposed lnsur'ed n described or referred to in Schedule A, uponPayment arced in Schedule A as o P of tide insurance, as identified in corporation all subject to the provisions of Schedules A and $ ent of the caner or mortgagee of the estate or interest in the land and to the Premiums and charges and compliance with the Requirements; This Commitment shall be ef.Fective only when the identity of then oposofthis Commitment. committed for have been inserted in Schedule A e the Company. All liability and obligation under this Commitment shall cease and to Insured and the amount of the policy or Policies policy or ohcies committed for shall issue whichever first occurs y p terminate 6 months after the Effective Date or when the not the fault of the Company. ,provided that the failure to issue the policy The Company will provide a sample of the policy form upon or policies is request. IN WITNESS WHEREOF, Fidelity National Title Insurance Coot Washington, Inc., has caused its carparate name and seal to be omaffipan ,tby its duly Schedule A. panY� through its agent Fidelity National Title of y authorized officers an the date shown in Countersigned by: 4Krclal ,eTitle Officer arry Wise Chi f Ca-erciaf Title Officer Authorized Signature SEAL J oink_ : hSchaFl Grr� i`Y RESUSMI� MAY 2 6 2017 ��,�1rryN17�y�DEyfi4� AY Mbrr 27C 101 (6/06 C0pYnght American Land Title Association, All rights reserved. The use of this Fo members in good standing as of the date of use. All other uses are prohibited. Reprinted under licens Title Association d nI restricted fr ALTA licensees and ALTA TA Commitment — 20Qfi e from the American Land "=F~ ur+u r�reF xT1PCIRf1eN r~_ F= Fidelity National Title of Washington, Inc. SCHEDULE A Fidelity national Title of Washington, Inc. Name and Address of Title Insurance Company 600 University St., Suite 2424Seattle, W A 98141 Escrow No.: 20373652-416-416 Title Officer: Marc Wise i Effective Date: August 2, 2016 at 8:00 A.M. 2. Policy or Policies to be issued: ALTA 2006 Standard Owner's Policy -General Schedule Rate nager LLC, a limited liability company Proposed Insured: Nevad RE Ma $975,000.00 Amount: $TBD Premium: $TBD Tax: $TBD Total: 3. The estate or interest in the land described or referred to in this Cotl'n"tmcnt is: A FEE irest in the land is at the Effective Date vested in: 4 Title to the estate ornte W into Holdings, Inc., an Idaho corporation 5. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. ALTA Commitment - 2006 1 h.71CAN The use of this WW Form is restricted to ALTA licensees and d 1, « 27C 101 A 6/05reserve" ""• �° C°pYn9 din as of the date of use. All other uses are prohibited. Reprinted under license from the American Lan Copyright American t.and Tale Association. All rights d• members in good standing Title Association. File NO.; 20373652-416-416 EXHIBIT A LEGAL, DESCRIPTION LOT B OF CITY OF FEDERAL WAY BOUNDARY LINE UNDER RECORDING NO.20131224900009, RECORDS OF KINAKINSTMENT NO. 13-104768-00-SU, AS RECORDED G COUNTY AUDITOR, SITUATE IN THE CITY OF FEDERAL, WAY, COUNTY OF KING, STATE OF ' WASIIINGTON. Crry� &NIrr D � w� y �Lr, 27C101A (6i06) Copyright American Land Title Association. All rfghts reserved. The use of this Form members fn good standing as of the date of use. Ali other uses are prohibited. Reprinted under license from �- rA and Title Association. is restricted to ALTq licensees andnmit ent ~ 2006 the American Land urru rclte •ffOC4t�[p� File No.: 20373652-416-416 SCHEDULE B - SECTION I gEQUIREMENTS INSTRUMENTS NECESSARY TO CREATE T FOESTATE OR R THE RECORD. REST MUST BE PROPERLY I. EXECUTED, DELIVERED AND DULY FILED yMENT TO OR FOR THE ACCOUNT OF THE GRA d BER ORINSUMO TGAGORS 2. PA OF THE FULL IONS To THE CONSIDERATION FOR THE ESTATE OR INTEREST F THIS POLICY OR POLICIES TO BE IOF TO D WILL THE SATISFACTION OF NTAIN EXCEPT THI SCHEDULE B O FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED COMPANY. GENERAL EXCEPTIONS A. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION, OR CLAIMING POSSESSION, NOT SHOWN BY THE PUBLIC RECORDS. OR ADVERSE ROACHMENT, ENCUMBRANSTANCE CE, VIOLATION EDIBYARAIN ACURATE AND COMPLETE LAND B. ANY ENC AFFECTING THE TITLE THAT WOULD BE DISCLOSED SURVEY OF THE LAND. NTS PRESCRIPTIVE RIGHTS, RIGHTS -OF -WAY, LIENS OR ENCUMBRANCES, OR CLAIM C. EASEME > $Y THE PUBLIC RECORDS. THEREOF, NOT SHOWN ONS TO LOYEE BENEFIT FUNDS, OR D. ANY LIEN, OR RIGHT TO A LIEN, FOR CONTRIBUTSERVICES,LABOR, OR MATERIAL HERETOFORE THE STATE WORKERS' COMPENSATION, OR FOR MP ALL AS IMPOSED BY LAW' AND NOT SHOWN BY THE PUB LIC OR HEREAFTER FURNISHED, RECORDS. OR SPECIAL ASSESSMENTS WHICH ARE NOT YET PAYABLE OR WHICH ARE SHOW E. TAXES N A EXISTING LIENS BY THE pUBLIC RECORDS. TENANCE, TAP, CAPACITY, OR WATER, ELECTRICITY, NATURAL GAS OR F. ANY LIEN FOR SERVICE, INSTALLA►TION� CONNECTION, PUBLIC CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, UTILITIES, OR FOR GARBAGE CpLLECTION AND DISPOSAL NOT SHOWN BY THE OTHER RECORDS. UNPATENTED MINING CLAIMS, AND ALL RIGHTS RELATING THERETO- G. NATIONS AND EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING T HE H. RESER ISSUANCE THEREOF. TRIBAL CODES OR REGULATION, INDIAN TREATY OR ABORIGINAL RIGHTS, 1. INDIAN INCLUDING EASEMENT OR EQUITABLE SERVITUDES. J. WATER RIGHTS, CLAIMS OR TITLE TO WATER. ATTACHING SUBSEQUENT TO THE EFFECTIVE DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS AIMS OR OTHER MpZTERS, IF ANY, C AT K. DEFE PUBLIC RECORDS, O OF RECFOR FIRST APPEARING IN THE ORD DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. END OF SCHEDULE B - SECTION I ALTA Commitment — 2006 3 TMc 27C101I31 {610G] II other uses are prohibited. Reprinted under license from the American Land n,v+ur�ru Copyright American Land Title Association. AIAI rights reserved. The use of this Form is restricted to ALTA licensees and A mernb members In good standing as of the date of use. Title Association. File No.: 20373652-416-416 SCHEDULE B - SECTION II EXCEPTIONS 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: REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% FOR ALL TRANSACTIONS RECORDED ON OR AFTER DULY 1, 2005: • A FEE OF $10.00 WILL BE CHARGED ON ALL EXEMPT TRANSACTIONS; 0 A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE; 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1 ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEM 3ER 1) TAX ACCOUNT NO.: 415920 0715 YEAR BILLED 2016 $6,267.56 PAID BALANCE $3,133.78 $3,133.78 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $3,133.78. LEVY CODE: 1205 ASSESSED VALUE LAND: $403,100.00 ASSESSED VALUE IMPROVEMENTS: $0.00 3. LIABILITY FOR SEWER TREATMENT CAPACITY CHARGES, IF ANY, AFFECTING CERTAIN AREAS OF KING, PIERCE AND SNOHDMISH COUNTIES, CONNECTING TO THE METROPOLITAN SEWESAID CHARGES COULD APPLY TO PROPERTY I{AGE FACILITIES OR RECONNECTING OR CHANGING ITS USE AND/OR STRUCTURE AFTER FEBRUARY 1, 1990. PLEASE CONTACT THE KING COUNTY WASTEWA� CHARGE TREATMENT DIVISION, CAPACITY PROGRAM, FOR FURTHER INFORMATION AT 206-296-I450 OR FAX NO. 206-263-6823 OR EMAIL AT CAPCHARGEESCROW@KINGCOUNTY.GOV * A MAP SHOWING SEWER SERVICE AREA BOUNDARIES AND INCORPORATED AREAS CAN BE FOUND AT: HTTP://YOUR,KrNGCOUNTY,GOV/FTP/GIS/WEBNMCIUT'LIT' ES/SERVAREA_CITIES.PDF UNRECORDED SEWER CAPACITY CHARGES ARE NOT A LIEN ON TITLE TO THE LAND. NOTE: THIS EXCEPTION WILL NOT APPEAR IN THE POLICY TO BE ISSUED. RESUS" j f ! MAY 1 27C10113II(6/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA a asp members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ArA 200 Title Association. uNu nne ASSOCIATION File No.: 20373652-416-416 SCHEDULE B — Section II (Continued) 4, NOTICE OF TAP OR CONNECTION LOPMENT OFITHHAVE LAND AS DISCLOSED BY RECORDED ECTION WITH DEVELOPMENT INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY- CITY/COUNTY/AGENCY: FEDERAL AYR 1989 Y WATER AND SEWER RECORDED: RECORDING NO.: 8905120210 SAID NOTICE SUPERSEDED NOTICE RECORDED UNDER AUDITOR'S FILE NO. 8106010916 g, RIGHT TO MAKE NECESSARY SLOPES Fop, CUTS OR FILLS UPON THE LAND HEREIN BY DEED RECORDED UNDER RECORDING N0.7402270419. �SCRIBED AS GRANTED TO KING g. RIGHT TO MAKE NECESSARY SLOPES DEED RECORDEDFOR CUTS RUNDER FILLS REOCORDING NO. N THE LAND ��70g55 SCRIBED AS GRANTED TO KING COUNTY BY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: UNDERGROUND ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AREA AFFECTED: APORTION OR IO O SAID PREMISES RECORDED: 8604020489 RECORDING NO.: AND AMENDMENT THERETO: RECORDED: OCTOBER 12, 2000 RECORDING NO.: 20001012001359 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: EASEMENT FOR DRAINAGE AND DETENTION/RETENTION POND AREA AFFECTED: 8910061437 PORTION OF SAID PREMISES RECORDING NO. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DULY 07, 1989 RECORDING NO.: 8907070527 REGARDING: PROVIDING FOR DOMESTIC WATER SUPPLY AND SEWER SERVICE AND AMENDMENT THERETO: RECORDED: DECEMBER 18, 1989 RECORDING NO.: 8912180338 $ ALTA Commitment - 2006 27C101BII 6I06 � AME0.ICAN Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to RL7A licensees and AL ASSOCIATION members in good standing as of the date of use. All other uses are prohiY�ited. Reprinted under license from the American Land LANE Title Assoclation. k. File No.: 20373652-416-416 SCHEDULE B — Section II (Continued) 10. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 26, 1991 RECORDING NO.: 9103260634 REGARDING: CONCOMITANT ZONING AGREEMENT 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: STORM WATER DRAINAGE FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 9208180718 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: SANITARY SEWER LINE AND STORM DETENTION EASEMENT AREA AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 9602130591 AND AMENDMENT THERETO: RECORDED: JULY 15, 1999 RECORDING NO.: 19990715001476 13. TERMS AND CONDITIONS OF "LICENSE TO ENTER PROPERTY" IMPOSED BY INSTRUMENT RECORDED ON APRIL 09, 1999, UNDER RECORDING NO.9904091415. 14. DECLARATION OF COVENANT IMPOSED BY INSTRUMENT RECORDED ON JUNE 09, 1999, UNDER RECORDING NO, 9906090758. 15. TERMS AND CONDITIONS OF "LICENSE TO ENTER PROPERTY" IMPOSED BY INSTRUMENT RECORDED ON AUGUST 11, 1999, UNDER RECORDING NO. 19990811001952. 16. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DECEMBER 22, 1999 RECORDING NO.: 19991222001602 REGARDING: PROVIDING SANITARY SEWER AND WATER DISTRIBUTION SERVICE AND AMENDMENTS THERETO: RECORDED: MAY 23, 2000 AND APRIL 11, 2001 RECORDING NOS.: 20000523001110 & 20010411001544 � ES L' i_ 'Pvi + TT D MAY 2 6 crrr OF F�g� CO""VITy p�yC 2 7C l0lB1I (6 06) 6 ALTA Commitment — Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA >AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND TITLE Title Association. ASSMI"TI°" File No.: 20373652-416-416 SCHEDULE B — Section II (Continued) 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND ENERGY, INC. PURPOSE: TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: APRIL 10, 2000 RECORDING NO.: 20000410000311 18. DECLARATION OF EASEMENTS AND CONDITIONS IMPOSED BY INSTRUMENT RECORDED ON APRIL 24, 2000, UNDER RECORDING NO.20000424000088 AND AMENDMENT THERETO: RECORDED: FEBRUARY 19, 2009 RECORDING NO.: 20090219001768 19. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON MAY 10, 2000, UNDER RECORDING NO.20000510000678. AND AMENDMENT THERETO: RECORDED: NOVEMBER 29, 2000 RECORDING NO.: 20001129000245 20. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN UTILITY DISTRICT PURPOSE: SEWER FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 20, 2000 RECORDING NO.: 20000920001481 21. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: LAKEHAVEN UTILITY DISTRICT PURPOSE: WATER FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 20, 2000 RECORDING NO.: 20000920001482 27CIOIBII (6/06) 7 ALTA Commitment —2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA � AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND l ITLE Title Association. "'SO"A"ON f� File No.: 20373652-416-416 SCHEDULE B — Section II (Continued) 22. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: QWEST CORPORATION PURPOSE: TELECOMMUNICATION FACILITIES, ELECTRICAL FACILITIES AND GAS FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 12, 2000 RECORDING NO.: 20001012001095 23. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE CITY OF FEDERAL WAY PURPOSE: SURFACE WATER DRAINAGE FACILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: NOVEMBER 09, 2000 RECORDING NO.: 20001109000600 24. TERMS AND CONDITIONS OF COVENANT AND AGREEMENT TO MAINTAIN TRAFFIC SIGNAL FACILITIES IMPOSED BY INSTRUMENT RECORDED ON NOVEMBER 09, 2000, UNDER RECORDING NO.20001109000601. 25, ALL COVENANTS, CONDITIONS, RESTRICTIONS, 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, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BINDING SITE PLAN RECORDED UNDER RECORDING NO.20001120900005. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 26. COVENANTS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON NOVEMBER 29, 2000, UNDER RECORDING NO.20001129000246. 27. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DECEMBER 27, 2000 RECORDING NO.: 20001227002809 REGARDING: PROVIDING SERVICE FOR A WATER DISTRIBUTION SYSTEM AND AMENDMENT THERETO: RECORDED: p C MAY 04, 2001 n L S U 8 M I "TS RECORDING NO.: 20010504000615 ' f D MAY 2 6 201? 27C 101BII (6/06) 8 AVTW. ;,gy Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALA hME,1,-r AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land IAND71M Title Association. A°—K.—°N File No.: 20373652-416-416 SCHEDULE B — Section II (Continued) 28. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE CITY OF FEDERAL WAY PURPOSE: RIGHT OF ENTRY AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 19, 2009 RECORDING NO.: 20090219001770 29. ALL COVENANTS, CONDITIONS, RESTRICTIONS, 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, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO.20131224900009. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 30. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 31. MATTERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIEN RIGHTS FOR LABOR AND MATERIAL, IF ANY, THE DISPOSITION OF WHICH WILL BE FURNISHED BY SUPPLEMENTAL REPORT. END OF SCHEDULE B — SECTION II 27C101BI1(6/06) 9 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land AND TIT! Title Association. A5SOCATION File No.: 20373652-416-416 NOTES NOTEI: EVIDENCE AND AUTHORITY OF THE OFFICERS OF WINCO HOLDINGS, INC., AN IDAHO CORPORATION, TO EXECUTE THE FORTHCOMING INSTRUMENT SHOULD BE SUBMITTED. NOTE 2: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, THE PROPOSED INSURED IS NEVAD RE MANAGER LLC, A LIMITED LIABILITY COMPANY. WE FIND NO PERTINENT MATTERS OF RECORD AGAINST THE NAME(S) OF SAID PARTY(IES). NOTE 3: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: COMMERCIAL/INDUSTRIAL STRUCTURE(S) KNOWN AS: 160 SW CAMPUS DR FEDERAL WAY, WA 98023 NOTE 4: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT " FIDELITY NATIONAL TITLE OF WASHINGTON, INC." MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 5. THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. NOTE 6: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT B CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 13-104768-00-SU REC NO.20131224900009 NOTE 7: IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. NOTE 8: THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITTING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION, NOTE 9: PRIOR TO CLOSING PLEASE CONTACT YOUR TITLE OFFICER FOR CURREN R 1 ACCOMMODATION FEES WHICH MAYBE CHARGED FOR RECORDING RU 1 E D MAY 2 6 2017 27C101 Notes Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA LIC members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land L� D TITL, Title Association. A5 CIATZ File No.: 20373652-416-416 NOTES (Continued) END OF NOTES 27C 101 Notes (6/06) 11 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMEPUCAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land AND rIITLF Title Association. A5SOCATION R- P 1♦ CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.orgt>. RESUEmTTEP MAY Z 6 20117 {yQTY OF Fi_D-= �lAY 27C101 (0/06) 12 ai."f'Awgikli [s lf?'rZ ( • , Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land �� D it E Title Association. ASSOCIATION rum FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us How Information is Collected. We may collect with certain personal information, like your contact personal information directly from you from information, social security number (SSN), driver's applications, forms, or communications we receive license, other government ID numbers, and/or from you, or from other sources on your behalf, in financial information. We may also receive connection with our provision of products or services information from your Internet browser, computer to you. We may also collect browsing information and/or mobile device. from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Use of Your Information. We may use your Security Of Your Information. We utilize a information to provide products and services to you combination of security technologies, procedures and (or someone on your behalf), to improve our products safeguards to help protect your information from and services, and to communicate with you about our unauthorized access, use and/or disclosure. We products and services. We do not give or sell your communicate to our employees about the need to personal information to parties outside of FNF for protect personal information. their use to market their products or services to you. Choices With Your Information. Your decision to When We Share Information. We may disclose your submit personal information is entirely up to you. You information to third parties providing you products can opt -out of certain disclosures or use of your and services on our behalf, law enforcement agencies information or choose to not provide any personal or governmental authorities, as required by law, and to information to us. parties with whom you authorize us to share your information. Information From Children. We do not knowingly Privacy Outside the Website. We are not responsible collect information from children under the age of 13, for the privacy practices of third parties, even if our and our websites are not intended to attract children. website links to those parties' websites. Access and Correction. If you desire to see the Do Not Track Disclosures. We do not recognize "do information collected about you and/or correct any not track" requests from Internet browsers and similar inaccuracies, please contact us in the manner specified devices. in this Privacy Notice. The California Online Privacy Protection Act. Certain FNF websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. International Use. By providing us with your information, you consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Your Consent To This Privacy Notice. By Contact FNF. If you have questions or wish to submitting information to us and using our websites, contact us regarding this Privacy Notice, please use you are accepting and agreeing to the terms of this the contact information provided at the end of this Privacy Notice. Privacy Notice. FNF Privacy Notice Effective: April 1, 2016 k. FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Information (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the "Website"), as well as any information collected offline (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. Tunes of Information Collected We may collect two types of information: Personal Information and Browsing Information. Personal Information. The types of personal information FNF collects may include, but are not limited to: contact information (e.g., name, address, phone number, email address); social security number (SSN), driver's license, and other government ID numbers; and financial account or loan information. Browsing Information. The types of browsing information FNF collects may include, but are not limited to: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language; • browser type; • domain name system requests; • browsing history; • number of clicks; • hypertext transfer protocol headers; and • application client and server banners. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative, whether electronic or paper; • communications to us from you or others; • information about your transactions with, or services performed by, us, our affiliates or others; and • information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. We may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log, collect and record certain Browsing Information about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user. • Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a FNF Privacy Notice Effective: April 1, 2016 small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you, or to one or more third party service providers who are performing services on your behalf or in connection with a transaction involving you; • To improve our products and services; and • To communicate with you and to inform you about FNF's products and services. When We Share Information We may share your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: • to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or material misrepresentation or nondisclosure; • to third -party contractors or service providers who provide services or perform other functions on our behalf, • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • to other parties authorized to receive the information in connection with services provided to you or a transaction involving you. We may disclose Personal Information and/or Browsing Information when required by law or in the good -faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We make efforts to ensure third party contractors and service providers who provide services orwr, r' tI PU behalf protect your information. We Iimi#� df lyoui' information to the purposes for which information was provided. We do not give or sell your inf #ioi�'t✓py tt*01j arties for their own direct marketing use. C{iti We reserve the right to transfer rygarti Prsopal' 3l�orrriatian, Browsing Information, as well as any other info Atidn, in connection with the sale or other disposition of all or part of the I _. _ ......... ; .. FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above -described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under certain circumstances ("opt out"). You may opt out of receiving communications from us about our products and/or services. Security And Retention Of Information FNF is committed to protecting the information you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessary for business and/or legal purposes. Information From Children The Website is meant for adults. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users Because FNF's headquarters is located in the United States, we may transfer your Personal Information and/or Browsing Information to the United States. By using our website and providing us with your Personal Information and/or Browsing Information, you understand and consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those FNF Privacy Notice Effective: April 1, 2016 instances, we may collect certain information on behalf of that mortgage loan servicer, including: • first and last name; • property address; • user name and password; • loan number; • social security number - masked upon entry; • email address; • security questions and answers; and • IP address. The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, contact your mortgage loan servicer. Access and Correction To access your Personal Information in the possession of FNF and correct any inaccuracies, please contact us by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of information by FNF in compliance with -this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. Contact FNF Please send questions and/or comments related to this Privacy Notice by email at privacy@faf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright © 2016. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF APRIL 1, 2016 smarTM Online Frame contained PDF file, click here to view RESUE3 41TTeD MAY 2 6 2017 CITYCOMMI °n EDV� w�aY OEYcCCJPMEt,T http://www.smartviewonline.net/smartbind/?Orderpocument GUID=d23ala8e-3139-4d9e-99f6-422df6d3e5ae [9/8/2016 2:31:07 PM] AFTER RECORDING MAIL TO: Name WinCo Foods, LLC Attn: Andrea Deguzman Address PO Box 5756 City/State Boise, ID 83705 Document Title(s): 1. Quitclaim Deed 20160531002442 FIRST AMERICAN GCO 76.00 PAGE-001 OF 004 05/31/2015 17:20 KING COUNTY, WA E2799665 05/31/2016 17:20 KTAH5 COUNTY, WA $10.00 SALE $0.00 PAGE-001 OF 001 Reference Number(s) of Documents Assigned or released: n/a Grantor(s): 1. WinCo Foods, LLC 2. [ ] Additional information on page of document Grantee(s): 1. WinCo Holdings, LLC 2. [ ] Additional information on page of document Abbreviated Legal Description: Lot B, Federal Way BLA No. 13-104768 Tax Parcel Number(s): 415920-0715 [ X ] Complete legal description is on page 3 of document Order: 4LAckView_ Doc: 2016-20168531002442 RECALL Page 1 of 4 Created By: Printed: 8/ 19/2016 9:57:29 AM AFTER RECORDING MAIL TO: WinCo Foods, LLC Attn: Andrea Deguzman P.O. Box 5756 Boise, ID 83705 Space Above This Line for Recorder's Use Only i]ITCLAIM DEED Grantor(s): WinCo Foods, LLC Grantee(s): WinCo Holdings, LLC Assessor's Tax Parcel No(s). 415920-0715 THE GRANTOR, WINCO FOODS, LLC, a Delaware limited liability company for and in consideration of WAC 458-61A-211(c) (no consideration), in hand paid, conveys, and quitclaims to WINCO HOLDINGS, an Idaho corporation, all interest in that certain real estate more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, situated in the County of King, State of Washington. Dated this lif'J day of , 2016. WINCO FOODS, LLC, a Delaware limited liability company B Name: jbk�a.c.{ n Its: C— r—d Order: [MckView_ Doc: 2016-201605n MU442 REC ALL Page 2 of 4 Created By: Prkded: 0/ 19/2016 9:57:29 AM STATE OF IDAHO ) . ss. COUNTY OF ADA ) ,��]] 4— lb On this WI day ol`4620� 6,�bo� �me,�theundersigned notary public for sai sta , rsonally a ared t} , known to me to be the of W INCO FOODS, LLC, the person whose name is subscribed to the oregoing instrument, and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hercurp set my h d and affixed my official seal the day and year in this certificate first above ritt F ANDREA C. DEGUZMAN NOTARY PUBLIC Andre STATE OF IDAHO NO AR PUBLIC n n for he State o daha, residing at i My commission expires May lb, 2019 Order: QWckView_ Doc: 2016-2010531002442 REC ALL Page 3 of 4 treated By: Printed: B/19/2016 9:57:30 AM EXHIi3IT A Legal Description Lot B of that certain Boundary Line Adjustment recorded on December 24, 2013 in Volume 305, Page 78, as Instrument No. 20131224900009 in the Official Records of King County, Washington. Order: 4okN4ew_ Doc: 201&20160533002442 RECALL Page 4 of 4 treated By: PrMed: 0/19/2016 9:57:30 Am smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument_GUID=bf437930-0969-40f3-b315-d2c26328cl2b [9/8/2016 2:31:45 PM] 4— , Nutice of Additional Water or Sewer Facility Tap or Connection Charge NOTICE IS HEREBY GIVEN that Federal Way Water and Sewer, of King County, Washington, intends to levy a tap or connection charge for providing water and/or sanitary sewer service 10 the realty be- low described. Further information regarding the charge is avail- able at the District Office at 31627 First Avenue South, Federal Way, Washington. The realty subject to the tap or connection charge is described as follows: Exhibit "A" D T;iis Notice supersedes in its entirety the "Notice of Tap or Connection Charges Pursuant to RCW 65.08.170" filed with King County, Washington under Auditor's File No. 0106010916. U7 d M This notice is given pursuant to R.C.W. 65,08.170. on DATED this �� day of . , 19. By Fe ay Water and Sewer 9•'Lr5 :' 1*210 ] A Position: co_ CASHSL 41*4:21. DO STATE OF WASHINGTON 55 ss: County of King ) I I certify that I know or have satisfactory evidence that rjTpPNEk 4,J,e�,•�,c signed this instrument, on oath stated that 141_ is authorized to execute the instrument and acknowledged it as the 1}jp ri of FEDERAL WAY WATER AND SEWER to be the free and voluntary act of such party for the uses and pur- poses mentioned in the instrument. DATED: prr�tEr� �. A89 Title A my appointment expires 4-ZS-I/ h i r e. FEDERAL WAY WATER AND SEWER LEGAL DESCRIPTION EXHIBIT "A" All of Sections 3, 4, 51 7, 81 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 32, 33, and 34, Township 21 North, Range 4 East, W.M.; TOGETHER with all of Section 13, Township 21 North, Range 3 East, a W.M.; TOGETHER WITH portions of Sections 17, 20, 27, 28, 29, 32, 33, p 34, and 35, Township 22 North, Range 4 East, W.M.; v4 TOGETHER WITH portions Of Sections 2, 6, 11, 14, 23, 26, 30, 31, Dand 35, Township 21 North, Range 4 East, W.M.; Oi TOGETHER WITH portions of Sections 2 and 3, Township 20 North, Range 4 East, W.N.; TOGETHE24, andR25, Drtions of sections / WITH 21 North, Range31East, W114' 15, 23, M.; More particularly dascrlbed as follDws: Beinninrth of Townshipg21 North, Rangeat the c4lon of te East, WhM.r,oand theecenterlinenof3t Grand View Boulevard, also known as 56th Avenue South; Thene of ard View vard nint intersection withgPennsylveniathe iAvenue,ralso known oaseto South its 348th Place; Thence southerly along the centerline of Pennsylvania Avenue, knownalso PlaceSouth, too Avenue south its intersection with GrandViewBoulevard; Thence southerly along the centerline of Grand View Boulevard, also'known as 56th Avenue South and 57th Avenue South, to its intersection with the we extension of the north line of Lot 24, Black l2a,of through1ta 12f,teinclusive,recorded records of King countyin %,ojume 20 £ Plats, pages Washington; ion nd he oThnce fe esaid Lote24ytolong said the northeasterly cornertofssaidaLottnorth line 24; southerlyThence inclusive, ofsaalong idBloh Block to the rly lines of othroughts 24 south line of Lot34# Block 83, of J'ovita Heights; 2 Thence westerly along said south line of Lot 34 and the westerly extension of said south line to its intersection with the centerline of Grand View Boulevard, also known as 57th Avenue South; Thence southerly Along the centerline of Grand View Boulevard to its intersection with the westerly extension of the north line of Lot 6, Black 146, of said .7ovita Heights; Thence easterly ?long said westerly extension and said north line of Lot 6 to the northeast corner of said Lot 6; Thence southerly along the east line of Lots 6 through 20 to the southeast corner of Lot 20 which is also the most northerly corner of Lot 40, Block 146. Jovita Heights; O Thence southwesterly along the northwest line of said Lot 40 to (IZ the most westerly corner of said Lot 40, said corner is on the CJ northern margin of Ohio Drive, also known as South 364th Place; C� Thence southerly and southwesterly along the northern margin of 117 Ohio Drive, also known as South 364th Place, and also being the southeasterly lines of Lots 27 through 36 inclusive, in said Block 146, Jovita Heights, to the southwest line of said Lot 36; Thence southeasterly along the southeasterly extension of the southwest line of said Lot 36 to the centerline of Ohio Drive; Thence southerly along the centerline of Ohio Drive to its intersection with the southeasterly extension of the northeastern line of Lot 39, said northeastern line being South 390471170 East from the most northerly corner of Lot 39, Block 146 of said Jovita Heights; Thence northwesterly along said southeasterly extension to the western margin of Ohio Drive, also being the southeastern line of said Lot 39; Thence southerly along the said margin of Ohio Drive and the southeastern line of said Lot 39 to its intersection with the westerly extension of the north line of Lot 10, Block 145, of said Jovita Heights; Thence easterly along said westerly extension and the north line of said Lot 10 to the most easterly corner of Lot 10; Thence southwesterly along the south line of said Lot 10 and its southwesterly extension to its intersection with the western margin of Oregon Drive, also known as 55th Place South; Thence southeasterly along said western margin also being I ortions of the eastern lines of Lots 15 and 16, Block 144 of said Jovita Heights, to the most easterly corner Of said Lot 16; - 3 - Thence northeasterly across Ohio Drive, also known as 55th Place South, to the most northwesterly corner of Lot :, Block 143, of said Jovita Heights; Thence northeasterly, southerly and southwesterly along the lines of said Lot 1, also being the southern and western margins of Oregon Drive, •+hich is also known as 56th Place South, to the most southerly corner of said Lot 1; Thence continuing southerly along the western margin of Oregon Drive, also being the east line of Lots 2 and 3, Block 143, in said Jovita Heights, to the southern line of said Lot 3; Thence westerly along the south line of said Lot 3 to its intersection with the easterly line of Lot 4, Block 143, Jovita ed Heights; Thence southerly and southwesterly along the easterly line of Lots 4 through 13, inclusive, to the most northerly corner of 14 N Lot 26, Block 143, Jovita Heights; Thence southeasterly along the northeasterly line of Lots 26 m through 35, inclusive, to the northeast corner of Lot 35, Block 143, Jovita Heights; Thence southwesterly to a point on the northwesterly line of Lot 36, Block 143, Jovita Heights, which is 250 feet northeasterly of the southwest corner of said Lot 36; Thence southeasterly to a point on the south line of said Lot'36 which is 250 feet easterly of the southwest corner thereof; Thence South 00013151' West to the intersection with the north line of the South 1/2 of the Northwest 1/4 of Section 35, Township 21 North, Range 4 East, W.H.; Thence aasterly along said north line to its intersection with the northerly extension of a line which is 120 feet easterly of and parallel with the west line of Lot 8, Block 18, C. D. Hilman's Pacific City Addition to City of Seattle, Division No. 1, according to the plat thereof unrecorded in Volume 13 of Plats, page 64, records of King County, Washington; Thence southerly along said northerly extension and said parallel ling to its intersection with the south line of said Lot 8; Thence westerly along said south line to the northeast corner of Lot 5 of said BloclL 18; Thence so.:thecly along the east line of said Lot 5, a distance of 100 feetr - 4 - Thence southwesterly to the intersection of the east line of Lot 4 of said 'luck 18, with a line 150 feet northerly of and parallel with the south line of said Lot 4; Thence westerly along said parallel line to its intersection with the west line of said Lot 4; Thence southerly along said west line to the southeast corner of Lot 3 of said Elonk 18; Thence western along the south line of said Lot 3 to its intersection with the northerly extension of the west line of Lot 11, Block 17, of said C. D. Hilman's pacific City Addition to City of Seattle, Division No. 1; Thence southerly along said northerly extension and the west line of said Lot 11 to its intersection with a line which is 150 p feet southerly of and parallel with the north line of said Lot {� 11; L� Thence easterly along said parallel line to its intersection with p the west line of Lot 10 of said Block 17; 07 Q] Thence southerly along said west line to the northwest corner of Lot 5 of said Block 17; Thence easterly along the north line of said Lot 5 to the northeast corner thereof; Thence southerly along the east line of said Lot 5 to the northwc!:t corner of Lot 6 of said Block 17; Thence easterly along the north line of said Lot 6, a distance of 240 feet; Thence southerly to a point on the south line of said Lot 6 which is 275 feet easterly of the southwest corner thereof; i Thence southerly at right angles to the south line of said Lot 6, a distancs of 30 feet to the north line of the South 1/2 of the ' Southwest 1/4 of said Section 35; ' Thence westerly along said north line to a point which is 350 feet easterly of the west line of the East 1/2 of the said Southwest 1/4; Thence southerly to a point on the north line of the South 1/2 of South 1/2 of the said Southwest 1/4 which is 450 feet easterly (as measured along said north line) of the said west line of the East 1/2 of the Southwest 1/4; Thence southerly to a point on the south line of said Section 35 which is 60o feet easterly of the southwest corner of the said ' East 1/2 of th6 Southwest 1/4; - 5 - Thence westerly along said south line of said Section 35 which is also the north line of Section 2, Township 20 North, Range 4 East, W.M., to the intersection with the north margin of Puget Sound Electric Railway right-of-way (Puget Sound Power and Light Company right-of-way); Thence jo'o"jnsterly, westerly and northwesterly along the north margin of the Puget Sound Electric Railway right-of-way (Puget Sound Power and Light Company right-of-way) to the intersection with the north line of Section 3, Township 20 North, Range 4 East, W.M., which is also the south line of Section 34, Township 21 North, Range 4 East, W.M•; O Thence westerly along the south line of said Section 34 and continuing westerly along the south line of Section 33 and Section 32 to the southwest corner of Section 32, Township 21 North, Range 4 East, W.M.; 14 Thence northerly along the west line of said Section 32 to the O intersection with the southwestern boundary line of King County; O Thence northwesterly along said southwestern boundary of King County through Section 31 and Section 30, Township 21 North, Range 4 East, W.M., to its intersection with the west line of said Section 30, said west line also being the east line of Section 25, Township 21 North, Range 3 East, W.M.; Thence continuing northwesterly along the southwestern boundary of King County through Sections 25, 24, 23 and 14, Township 21 North, Range 3 East, W.M., to its intersection with the west line of said Section 14; also being the east line of Section 15, Township 21 North, Range 3 East, W.H.; Thence continuing northwesterly along the southwestern boundary of King County to its intersection with the west line of Governntant Lot 2 in said Section 13; Thence northerly along said west line of Government Lot 2 in said Section 15 to the northwest corner of said Government Lot 2; Thence easterly along the north line of said Government Lot :1 of Section 15 to its intersection with the east line of said Section 15, said east line also being the west line of Section 14, Township 21 North, Range 3 East, W.M.; Thence continuing easterly along the north line of the Southwest 1/4 of the northwest 1/4 of said Section 14 to the northeast corner of said Southwest 1/4 of the Northwest 1/4 of Section 14, said point also being the southwest corner of the Northeast 1/4 of the 1/4 of said Section 14; 6 Thence northerly along the west line of said. Northeast 1/4 of the North,:'=3t 1/4 of Section 14 to the northwest corner of said Northeast 1/4 of the Northwest 1/4 of Section 14, said point also being the southeast corner of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 21 North, Range 3 East, W.It. ; Thence westerly along the south line of said Section 11 to the southwest corner of said Section 11, said point also being the southeast corner of Section 10, Township 21 North, Range 3 East, w.M.; Thence continuing westerly along the south line of said Section 10, a distance of 554.34 feet; Thence northerly parallel to the east line of said Section 10 to the southerly margin of Ingram Drive, also known as Southwest 316th Place, as it existed September 1, 1981, 30'feet in width; Thence northeasterly along said to a point of intersection with 10, ilso being the west line of Range 3 Eas4, W.M.; southern margin of Ingram Drive the east line of said Section Section 11, Township 21 North, Thence southerly along the west line of said Section 11 to the northwest corner of the Southwest 1/4 of the Southwest 1/4 of said Section 11, said poinc also being the southwest corner of the Northwest 1/4 of the Southwest 1/4 of said Section 11; Thence easterly along the south line of said Northwest 1/4 of the Southwest 1/4 of Section 11 to the west line -Of the East 1/2 of said Northwest 1/4 of the Southwest 1/4 of said Section 11; Thence northerly along said west line of the East 1/2 of the Northwest 1/4 of the Southwest 1/4 of said Section 11 to its intersection with the centerline of Puget Sound Marino View Drive, also known as Southwest Dash Point Road; Thence easterly and southeasterly along the centerline of Puget Sound Marine View Drive (Southwest Dash Point Road) to its intersection with a line which lies 60 feet east of and parallel to the west line of the Northeast 1/4 of the Southwest 1/4 of said Section 11; Thence north.jrly along said line 60 feet east of and parallel to the west line of the said Northeast 1/4 of the Southwest 1/4 to the East-West centerline of said Section 11; Thence easterly along the east -west centerline of Section 11 to a point 596.65 feet west of the southeast corner of the Northwest 1/4 of said Section 11) 7 Thence northerly along the west line of the east 596.65 feet of said Northwest 1/4 of said Section 11 te) its intersection with the south line of Oumas Heights, according to the plat thereof recorded. in Volume 63 of Plats, page 17, Records of King County, Washington; Thence easterly along said sout.h line of Dumas Heights to its intersection with the eazz line of said Northwest 1/4 oc said Section 11; Thence south along said east line of the Northwest 1/4 of said Section 11 to the southeast corner of said Northwest 1/4 of Section 11, said point also being the southwest corner of the Northeast 1/4 of said Section 11; Thence easterly along the south line of the Northeast 1/4 of said Section 11 to its intersection with the west line of Government Lot 1 of said Section 11; O Thence northerly along said west line to its intersection with r4 the south line of Lot 16, Schade Palisade Beach Estate, according to the plat thereof; as recorded in the Volume 68 of Plats, pages 51 ind 52, Records of King County, Washington; LLI Thence west4r).y along said south line of said Lot 16 and the p south lines of Lots 15, 14, and 13, to the most westarly line of OP) said Plat of Schade Palisade Beach Estate; t7J Thence northerly along said west line of said Plat of Schade Palisade Beach Estate to the line of high tide of Puget Sound; Thence northeasterly along said high tide line to its intersection with the north line of Section 12, Township 21 North, Range 3 East, W.M.; Thence easterly along the north line of said Section 12, also being the south line of Section 1, Township 21 North, Range 3 East, W.M., to the North -South centerline of said Section 1; Thence northerly along the North -South centerline of Section 1, Township 21 North, Range 3 Fast, W.M.. to the Government Meander Line, also the northwest corner of Government Lot 2 in said Section 1; Thence easterly along the Government Meander Line, also being the north line of Government Lot 2 and Government Lot 1 in said Section 1, to the Meander Corner on the east line of said Section 1, also being the west line of Section 6, Township 21 North, Range 4 East, W.M.; Thence northerly along the west line of said Section 6 to the line of Extreme Low Tide of P;;get Sound; i Thence e.aaLerly and northeasterly along said line of extreme low tide of Puget Sound to its intersection with the east line of said Section 6; Thence southerly along said east line of said suction 6 to its intersection with the Government Meander Line, said point also being the intersection of the Government Meander Line and the west line of Government Lot 4 in Section 5, Township 21 North, Range 4 East, W.M.; Thence northeasterly along said Government Meander Line to its intersection with the north line of Government Lot 4 in said Section 5, also being the south line of Government Lot 5 of Section 32, Township 22 North, Range 4 East, W.M.; Thence northeasterly and northerly along said Government Meander Line to -.ts intersection with the north line of Section 32, Township 22 North, Range 4 East, W.M., said line also being the south line of Section 29, Township 22 North, Range 4 East, W.H.; Thence continuing northerly along said Government Meander Line to is intersection with the East-Wcst centerline of said Section 29; Thence wcscerly to the westerly line of the Second Class Tidelands of Puget Sound; Thence aorL'aerly along said westerly line of the Second Class Tidelands of Puget Sound to its intersection with the westerly extension of a line 480 feet north of and parallel with the south line of Government Lot 2 in said Section 29; Thence easterly along said westerly extension of said line which is 480 feet north of and parallel with the south line of Government Lot 2 in Section 29 to its intersection with the shoreline of Puget Sound; Thence generally northerly along said shoreline fronting Government Lots 2 and 1, Section 29, Township 22 North, lunge 4 East, W.M., Governrrent Lots 1 through 4, Section 20, Township 22 North, Range 4 East, W.M., and Government Lots 4, 3 and 2, Section 17, Township 22 North, Range 4 East, W.M., to its intersection dith the south line of the north 439 feet of said Government Lot 2, Section 17; Thence easterly along said south line to its intersection with the centerline of Marine view Drive; Thence southerly along said centerline to the centerline of South 230th Street; rwa� G I� I -- - 9 - Thence easterly along said centerline to its intersection with the west line of the west 200 feet of Tract 50, Des Moines 2-Acre Tracts,_ accordiny Lo the plat thereof recorded in Volume 10, page 67, records of King County, Washington, extended northerly; Thence southerly along said northerly extension and said west line to the south line thereof; Thence easterly along said south line to the east line thereof; Thence northerly along said east line and said east line extended northerly to its intersection with the centerline of South 230th Street; Thence easterly along said centerline to its intersection with the centerline of loth Avenue South (Bay View Avenue); Thence southerly along said centerline to the south line of said Des Moines 2-Acre Tracts; Thence westerly along said south line to its intersection with the eas'. line of the north 497.75 £set of the NW 1/4 of the SW 1/4 of the SC 1/4 of Section 11, Township 22 North, Range 4 East, W.M.; Thence southerly along said east line to the south line thereof; Thence westerly along said south line to its intersection with the centerline of Marine View Drive South; Thence southerly and southeasterly along said centerline to its intersection with the westerly- extension of the northerly margin of South 240th street; Thence easterly along said westerly extension and said northerly margin to its intersection with the west line of the east 400 feet of the SE 1/4 of the SE 1/4 of Section 17; Thence southerly along said west line to the south line thereof; Thence easterly along said south fine to its intersection with the northerly extensions of the north -south centerline of Block 2, Des Moines Waterfront Addition, according to the plat thereof recorded in Volume 4, page 96, Records of King County, Washington; Thence southerly along said northerly extension and said centerline to its intersection with the north line of College Place, according to the plat thereof recorded in Volume 70, page 62, Records of King County, Washington; Thence easterly along raid north line to the east line thereof; v q4 N D Cat 0 C] 01 X - 10 - Thence scutherly along said east line and said line extended southerly to the centerline of South 242nd Street; Thence westerly along said centerline to its inter3ection with the northerly extension of the east line of Block 40 of said Plat of Des Moines Waterfront Addition; Thence southerly along said northerly extension, said east line and said line extended southerly to its intersection with the centerline of South 244th Street; Thence westerly along said centerline to its intersection with the centerline of llth Avenue South (Packwood Street) as platted in First Railroad Addition to Des Moines according to the plat thereof recorded in Volume 4, page 90, Records of King County, Washington; Thence southerly along said centerline to its intersection with the centerline of South 249th Street as platted in said plat; Thence westerly along said centerline to its intersection with the centerline of loth Avenue South; Thence southerly along said centerline to its intersection with the north line of the SW 1/4 of the SE 1/4 of Section 20, Township 22 North, Range 4 East, W.H.; Thence easterly, along said north line to the east line thereof; Thence southerly along said east litre and the east line of W 1/2 of the NE 1/4 of Section 29, Township 22 North, Range 4 East, W.M., to Its intersection with the centerline of South 264th Street; Thence easterly along said centerline to its intersection with the northwesterly extension of the west line of Lot 1 of the Plat of Woodmont Park, Division No. 1, as recorded in Volume 25 of Plats, page 48, records of King County, Washington; Thence southeasterly along said northwesterly extension to the northwest corner of Lot 1; Thence southwesterly and southerly along the west line of Lots 1, 2, 3, 4, 5, and 6 of said Woodmont Park, Division No. 1, and the southerly extension of the west line of said Lot 6 to its intersection with the centerline of South 268th Street; Thence easterly along said centerline to its intersection with the northerly extension of the north -south centerline of Block 39, Woodmont Beach, according to the plat recorded in Volume 22, page 30, Records of King County, Washington; Thence southerly along said northerly extension said north -south centerline, said centerline extended southerly, north -south eanterline of block 47 of said plat to its intersection with the north line of Lot 15 oe said Block 47; f••, r. q.., f Thence easterly along said north line along said line extended easterly to the centerline of 16th Avenue South; Thence southerly along said centerline to its intersection with the centerline of South 272nd Street; Thence easterly along said centerline to its intersection with the centerline of Pacific Highway South; Thence southwesterly along said centerline to its intersection with the north line of the S 1/2 of the NW 1/4 of the NW /4 of Section 33, Township 22 North, Range 4 East, W.M.; Thence easterly along said north line and the north line of the S 1/2 of the W 1/2 of the W 1/2 of the NE 1/4 of the NW 1/4 of said Section 33 to the east line thereof; Thence southerly along said east line to the north line of the NE 1/4 of tKe NW 1/4 of the SE 1/4 of the NW 1/4 of said Section 33; Thence easterly along said north line to the northeast corner thereof; Thence S 26°28120" E, 292.221 to the most westerly corner of Lot 10, Unrecorded Plat of Redondo Heights (most northwesterly corner of Scarborough Division No. 2 according to plat recorded in Volume 132, pages 47 and 48, Records of King County, Washington); Thence North 52416120• East along the northwest line of said Lot 10 (northwesterly line of Scarborough Division No. 2) and its northeasterly extension 1,138.80 feet to its intersection with the centerline of South Star Lake Road, also known as King County Road No. 1969; Thence northwesterly along the centerline of South Star Lake Road to fts intersection with a line extended southwesterly at right angles to the northeastern margin of South Star Lake Road from the most westerly corner of Lot 2 in said Unrecorded Plat; Thence North 53.291550 East, as measured at right angles to the northeasterly margin of Star Lake Road, a distance of 30.00 feet to said northeasterly margin and said most westerly corner of Lot 2; Thence North 48.57114' East, a distance of 743.27 feet along the northwest line of said Lot 2, - WC: - 1�7 - - 12 - Thence North 87036'30" West, a distance of 286.48 feet; Thence North 48*57114" Eastr a distance of 442.29 feet to the south margin of South 272nd Street; Thence South 87"36'30" East along said south margin a distance of 327.60 feet to the west margin of Interstate Highway No. 5; Thence northerly along said west margin 50 feet more or less to its intersection with the north line of said Section 33 which is also the south line of Section 28, Township 22 North, Range 4 East, W.M.; Thence South 87°36'30" East along said south line a distance of 375 feet more or less to the northerly extension of -the eastern margin of Interstate Highway No. 5; Thence southerly along the northerly extension of said eastern margin a distance of 50 feet more or less to the southerly line G of said eastern margin; v4 Thence easterly, northerly, westerly and northerly along the C east margin of said Primary State Highway No. 1 also known as Interstate Highway No. 5, to the north line of the South 1/2 of the Southeast 1/4 of said Section 28; N C Thence easterly along said north line to the east line of said Section 28 which is also the west line of Section 27, Township 22 North, Rango 4 East, W.M.; Thence continuing easterly along the north line of the South 1/2 of tha Southwest•l/4 of said Section 27 to the north -south centerline of said Section 27; Thence southerly along said North -South centerline to the south line of said Section 27 and the 1/4 corner common to said Section 27 and Section 34, Township 22 North, Range 4 East, W.M.; Thence easterly along the north line of seid Section 34 to its intersection with the north margin of South 272nd Street; Thence easterly along said north margin to the east line of the Northwest 1/4 of the Northeast 1/4 of said Section 34; Thence southerly along said east line to the south line of said Northwest 1/4 of the Northeast 1/4; Thence westerly along said south line to the North -South centerline cf said Section 34; 13 Thence southerly along said North -South c-3nterline to the north line of the Southwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of said Section 34; Thence easterly along said north line to the west line of the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Section 34; Thence northerly along said west line to the East-West centerline of said Section 34; Thence easterly along said East-West centerline to east line of said Section 34 which is also the west line of Section 35, Township 22 North, Range 4 East, h.M.; Thence southerly along the west line of said Section 35 to the south line of the North 1/2 of the North 1/2 of the 'nest 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 35; Thence easterly along said south line to the west line of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 35; Thence southerly along said west line to the north line of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 35; Thence easterly along said north line to the east line of the west 150 feet of the Southeast 1/4 of the Southwest 1/4 of said Section 35; Thence southerly along said east line to the north line of the south 300 feet of the Southwest 1/4 of the Southwest 1/4 of said Section 35; Thence easterly and parallel with the south line of saic Section 35 to the east line of Southwest 1/4 of the Southwest 1/4 of said Section 35; Thence continuing easterly on a line extended a distance of 170 feet to a point lying 300 feet north of the south line of said Section 35; Thence southerly and parallel with the west line of said Section 35 to the north line of Section 2, Township 21 North, Range 4 East, I'.M.; Thence continuing southerly parallel with centerline of 56th Avenue South a distance of 300 feet.; Thence easterly and parallel with north line of said Section 2, a distance of 90 feet; - 14 - Thence southerly and parallel wits centerline of 56th Avenue South, a distance of 150.96 feet; Thence easterly and parallel with north line of said section 2 to the wcat line of the Northeast 1/4 of said Section 2; Thence northerly along said west line to a point lying 351.12 feet south of north line of said Section 2; Thence east along a line 351.12 feet south of and parallel to the north line of said Section 2 to a point 1,108.8 feet West of the east line of said Section 2; Thence south along a line 1,108.8 feet west of and parallel to the east line of said Section 2 to the intersection of a line 1,236 feet north of and parallel to the south line of the Northeast 1/4 of said Section 2; Thence easterly parallel to the south line of said Northeast 1/4 to a point 778 feet west of the east line of Northeast 1/4 of said Section 2; jp Thence southerly parallel to the east line of: said Northeast 1/4 94 to the intersection with the northern margin of Meredith Road C (65th Avenue South); Thence easterly along the north margin of Meredith Road (65th 1l! Avenue South) and the easterly extension of said north margin to G the east line of the Northeast 1/4 of said Section 2; Oi m Thence southerly along said east line to a point lying 1,036.20 feet north of the southeast corner of the Northeast 1/4 of said Section 2; Thence westerly parallel to the south•line of said Northeast 1/4 a distance of 1,141.80 feet; Thencr southerly along a line parallel to the east line of said Northeast 1/4 to its intersection with the north line of the south 635.56 feet of the Southeast 1/4 of the Northeast 1/4 of said Section 2; Thence easterly along said north line to its intersection with the east line of said Section 2; Thence southerly along said east line to the northeast corner of the Southeast 1/4 of said Section 2; Thence continuing southerly along the east line of said Southeast 1/4 to its intersection with the north line of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of said Section 2; Thence westerly along said north line to its intersection with the east line of the west 130 feet of the said South 1/2 of the Southeast 1/4 of the Northeast 1,/4 of the Southeast 1/4; Thence southerly along said east line to its intersection with the north line of the Southeast 1/4 of the Southeast 1/4 of said Section 2; Thence westerly along said north line to its intersection with the east line of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of said Section 2; Thence southerly along said east line to its intersection with the south line of the said Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4; Thence westerly along said south line to its intersectiun with the east line of the west 1/2 of the Southeast 1/4 of said Section 2; Thence southerly along said east line to its intersection with the south lint of said Section 2, which is also the north line of Section 11, Township 21 North, Range 4 East, ti.M.; D � Thence continuing southerly along the east line of the Northwest N 1/4 of the Northeast 1/4 of said Section 11 to the south line thereof; 7 Thence westerly along the south line of the Northwest 1/4 of the Northeast 1/4 of said Section 11 to the North -South centerline of sail Section 11; m Thence continuing westerly along the north line of the Southeast 1/4 of the Northwest 1/4 of 'said Section 11 to the west line thereof; Thence southerly along the west line of said Southeast 1/4 of the Northwest 1/4 to the East-West centerline of said Section 11; Thence easterly along said East-West centerline to the east line of the Northwest 1/4 of the Southeast 1/4 of said Section 11; Thence southerly along the east line of said Northwest 1/4 of the Southeast 1/4 to the south line thereof. Thence continuing southerly along the east line of the Southwest 1/4 of Southeast 1/4 of said Section 11 to the south line of said Section 11, also being the north line of Section 14, Township 21 North, Range 4 East, W.M.; O ri N 0 04 V4 V] 0 p} - 16 - Thence continuing southerly along the east line of Northwest 1/4 of Northeast 1/4 of said Section 14 to the southeast corner thereof; Thence westerly along the north line of the Southwest 1/4 of the Northeast 1/4 of said Section 14, a distance of 39.1 feet to the northwest corner of Lot 1, Plat of Hi -Crest as recorded in Volume 59 of Plats, page 32, records of King County, Washington; Thence southwesterly along the westerly line of said Plat and Plat of Hi -Crest No. 2 as recorded in Volume 64 of Plats, page 58, records of King County, Washington, to the southwest corner of Lot 9 of said Hi -Crest No. 2; Thence easterly along the southerly line of said Lot 9 and the easterly projection thereof 210.0 feet; Thence South 12055115" West to the centerline cf Ht. View Drive; Thence southerly and westerly along the centerline of Mt. View Drive to the west line of Southeast 1/4 of Section 14, Township 21 North, Range 4 East, W.N., also being the east line of the Southwest 1/4 said Section 14; Thence southerly along said west line 264.69 feet; Thence westerly along the easterly extension of the south line of Tract 73 and the southerly lines of Tracts 73 and 74 of West Auburn E'ive Acre Tracts as recorded in Volume 15 of Plats, page 12, record= of King County, Washington, to the east line of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 14; 1; Thence southerly along the east line of said West 1/2 of the Southeast 1/4 of the Southwest 1/4 to the south line of said 17; Section 14, also being the north line of Section 23, Township 21 1) North, Range 4 East, W.M.; :.4 It Thence westerly along the north line of said Section 23 to its intersection with the centerline of Grand View Boulevard, also .� known as 56th Avenue South, to the POINT OF BEGINNING. ' I T 00 WWI *Ay WA*-R I'd $EM DISM SM2 DIVISION P, ID. Box 4249 Fftitr;l WAy, WA 9903 (— 4 smartvfEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument GUID=29e7eabc-fc3b-4e84-adff-9683e6efa34e [9/8/2016 2:32:00 PM] eb/M -110 RJW 371 #161 CORRECTION DEED RECITALS: 1. By a Deed) dated April 25, 1973, recorded under Auditor's File No. 7306.070524, Records of King County, Washington, Weyerhaeuser CDReal Estate Company, a Washington corporation, conveyed to the County 0 of King, State of Washington, strips of land for 1st Avenue South and r South 336th Street, as therein particularly described. 2. By error, a portion of the strip of land for 1st Avenue South across the SE; of SWh of Section 17, Township 21 North, Range 4 East of Willamette Meridian, was omitted from the description set forth in said Deed, dated April 25, 1973. 3. Final engineering for the project has determined that three (3) additional parcels of land are needed for curves at intersections. 4. The parties desire to correct the error set forth in Recital 2. above and to convey to the County of King the three (3) additional parcels of land. NOW, THEREFORE, WEYERHAEUSER REAL ESTATE COMPANY, a Washington corporation, Grantor, for a valuable consideration, hereby conveys and warrants to the COUNTY OF KING, STATE OF WASHINGTON, the following des- cribed real estate situated in King County, Washington: A. 1st Avenue South. That portion of a strip of land of various widths as hereinafter set.fortki, upon, over and across the following described) lands in Township 21 North, Range 4 East of Willamette Meridian: (1) in Section 17 W, of NWQ of NWQ of'NW4, except the West 40 feet thereof; SW--4 of NW4; Wh of SWa; SEh of SW4 (2) In Section 18 EQ of NEU; NEU or SE4 (3) In Section 19 SE4 of SE4 of NEU; NEU of SE4 (commonly known as Part of Lakewood, as recorded in volume 16 of Plats, Page 35, Records of King County). (4) In Section 20 N3F of NW;; SW4 of NW', the center line of said strip being described as follows; Beginning at the Southeast corner of the NEU of SE, of Section 19, Township 21 north, Range 4 East of Willa- 011 mette Meridian, said point being in the intersection of `4- 1st Avenue South and Southeast 348th Street; N thence North 1° 08' 58" East 595.00 feet; thence on the arc of .a 5° 43' 46" curve to the left Nthrough a'central angle of 11' 08' 5811, an arc distance O of 194.60 feet; thence North 10° 00' 00" West 115.00 feet; r thence on the arc of a 7° 09' 43" curve to the right, through a central angle of 76' 20' 00" an are distance of 1065.81 feet; thence North 66' 20' 00" East 172.18 feet; thence on the are of a 7° 09' 43" curve to the left, through a central angle of 30' 00' 0011, an arc distance of 418.88 feet; thence North 36° 20' 00" East 617.28 feet; thence on the arc of a 4' 46' 28" curve to the left, through a central angle of 74° 50' an arc distance of 1048.91 feet to Engineer's Station 4Z+27-56 on 1st Avenue South, Engineer's Station 0+00 on South 336th Street; thence continuing along said arc of said curve 518.39 feet; thence North 38' 30' 00" West 1,105.30 feet; thence on the arc of a 2° 43' 04" curve to the right, through a central angle of 39° 32' 38" an arc distance of 1,449.36 feet; Thence North 1° 02' 38" East 2,953.29 feet, more or less, to the corner common to Sections 7, 8, 17 and 18, 'Cownship 21 North, Range 4 East of Willamette Meridian. the widths of said strip of land being as follows: 84 feet in width, being 42 feet on each side of said center line from Engineer's Station 0+00 (point of beginning) to Engineer's Station 11+20.79.. 100 feet in width, being 50 feet on each side of,said center line from Engineer's Station 11+20.79 to Engineer's Station 70+14.63. 84 feet in width, being 42.feet on each side of said center line from Engineer's Station 70+14.63 to Engineer's Station 102+53.90 (point of ending). B. South 336th Street. That portion of a strip of land 84 feet in width upon, over and across the following described lands in Township 21 North, Range 4 East of Willamette Meridian. (1) In Section 17 SE4 of SE.3d of SW' -a; SWU of SE; (2) In Section 20 NWa of NW3a of NE%; Nh of Nh of N144 -2- being 42 feet on each side of the following described center .line: Beginning at a point in the NE-4 of NWk of Section 20, Township 21 North, Range 4 East of Willamette Meridian, on the center line of she survey of 1st Avenue South at Engineer's Station 42+27.56; thence North 76° 15' 0S" East 950.07 feet; thence along the arc of a 26 51' 53" curve to the right, through a central angle of 150 00' 00" an arc CD r distance of 523.60 feet; N thence South 88' 44' 55" East 2,367.19 feet, more or N less, to the corner common to Sections 16, 17, 20 and v 2i, Township 21 North, Range 4 East of Willamette Meridian. C. The following described portions of the NE% of NW', of Section 20, Township 21 North, Range 4 East of Willamette Meridian. (1) that portion lying: a. South of. 336th Street. b. East of 1st Avenue South. C. Northwesterly of the arc of a curve, with a radius of 30 feet, which is tangent to the South line of South 336th Street and the East line of lst Avenue South. (2) that portion lying: a. North of 336th Street. b. East of 1st Avenue South. C. Southwesterly of the arc of a curve, with a radius of 30 feet; which is tangent to the North line of South 336th Street and the East line of 1st Avenue South. D. That part of the NE4 of NE; of Section 18, Township 21 North, Range 4 East of Willamette Meridian lying: a. South of Southwest 320th Street. b. West of 1st Avenue South. C. Northeasterly of the arc of a curve, with a radius of 3.0 feet, which is tangent to the South line of Southwest 320th Street and the West line of 1st Avenue South. together with the right to make all necessary slopes for cuts and fills upon the abutting property of the Grantor and on each side of said described right-of-ways, in conformity with standard plans and specifications for highway purposes. -3- Subject as to said lands to all matters of public, record: For the same consideration Grantor quitclaims and releases to Grantee the easement rights in and to the North 30 feet of the E3/4 of NE% of Section 20, Township 21 North, Range 4 East of Willamette Meridian, in King. County, Washington, acquired by CD CV Grantor by reason of an instrument dated November 11, 1969, N CD recorded in Volume 213 of Records, Page 265, under Auditor's File V No.. 6587564, conveying to Grantor herein the rights in and to said North 30 feet of said E3/4 of NE4 acquired by Judson and Company.in a Deed recorded in Volume 4077 of Deeds, Page 123, under Auditor's File No. 5200436. the grants hereinabove made are subject to the following: (1) Grantor reserves all minerals, coal, oil, ores and gases below the surface of the lands conveyed by this instrument; provided, however, that in the exploration, development, excavation, mining and removing the same, the surface of said lands shall not be occupied or used, and the exercise of said rights shall not injure or damage, in any manner, the road or highway to be built thereon, increase the cost of maintenance thereof, or interfere with the primary use of said lands for road, street or highway purposes, or franchises granted along, across or beneath the surface of said lands. (2) Grantor reserves the right to construct, maintain, use and operate water mains on said strips of land; provided, however, that Grantor, its successors and assigns, shall assume, and hereby agrees to pay, all costs of repairs to the roads constructed on said strips of land occasioned .by the exercise of such reserved right. -4- smartVIEW OnLine Fame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=790fc37f-c2c8-47e5-88ff-8af59bc3lfe2 [9/8/2016 2:32:13 PM] r• �,' S:4 .e��,r'�:: is - - . Ce A;si•;;,tik JE•: '-; .I,x: rram, it � _ -,', •�.w�•}�•1y1 .•�L_•:.. . il' L:: 'u.1.�.wNxiwtW.\'i7fi• '.. :r, raL R�1V 2086A Parccis 2, 7 Quadrant ration 3,6{l 13, ;i$9' ;�I:,, r QUIT, CLAIM DEED , " Corporate Form :; .. TSp.N........................... The grantor........herein.........THE4UADA,N.....GQR1?.P1iPa T f.• y 4. Dollars --- AG BENEFITS,-.--................................................... for the consideration of..............................MUTU,•, ,,, D 1.. r.. . to —by reason of laying out and establ[shing a public road', •• �til,;: and also of benefits to accrue ................... ...... ; ; s rtb on stases n q t�laxm s : •--.'rr::'° . '- through........................property, and which is hereinafter de c ' bed, c veys., releases., and ui :.... -to the County of .............. 15T.Ng..... ................................................. State of Washington, for use of the Public .,. [::rr:•;:s l= forever, as a public road and highway, all interest in the following described real estate, viz.: Those portions of the parcels of land described on attached ;f Exhibit "A" all in King County, Washington, lying within a strip of land 84 feet in width having 42 feet on each side of the centerline described on attached Exhibit "B". y,..;,µ. C6 Contains an area of 629,950 sq. ft., or 14.46 acres, M/L R/iV S.W. CAMPUS DRIVE KING COUNTY v 1� NO EXCISE TAX l:c,• uz .��?' JAN 171985:,' _ y �Y r i7C4'i,"Si;-J - •� F0808135 property and on T. together with the right to make all necessary slopes for cuts and fills upon the abutting p pe Y each side of said described right-of-way, in conformity with standard plans and specifications for high- - til way purposes, and to the same extent and purpose as if the rights herein granted had been acquired r':• "" by condemnation proceedings under Eminent Domain statutes of the State of Washington, . ,., _ r: h n.v p-.:.:�' ` K];11G tote of Was .. -,: • t ........................ . situatedm ne County of ................ ...........•- _ 64 Dated this.............21s.t....day of ..Dec.emb�r.. ......-....-..........., A. D. 19......-.-.. s;'s er • ,; r IN WrMSS WHEREOF, said corporationhas caused this instrument to be executed by its proper officers ?'.'^ •;,• 21st day of December and its cotpaeaia seal to be hereunto agpred this ?a-=1p.Y• 0. tL � 't � ;;+: :''�'• `".• � m N` = Y President. � =J` 85ro1f17 #0565 D x ''FtECD'.F.._... ........ Seu i GRSHSL *s***.00 m STA F O SIiINGI ON 55 ' Ifs. .! . c��yr'rA``' •: . ' CouelyR o[S�r I On this �� day of r-�-� -- before me, the undersigned, ,r,w�(,.•;..:-.•,:'• � , v` a rSo ry Public 'o III ar the State of Wasbington, duly commissioned and sworn, personally appeared i , nNs � � ] and +` N ray; li tv-- President and Secretary, respectively, of ^7 '; to me known to be the3efUiG the corporation that executed the foregoing instrument, and zmknowledgrd the said instrument to be the fro and r x..s' voluntary act and deed of said corporazion, for the uses a purposes therein mentioned, and on oath stated that authorized to execute the said instrument that the seal affixed is the rporate seal of said _ corporation. 1•i =;e. Witness my hand and official seal veto affixed the and year in this erlifirale written. is Filed For Record At The Request Of , ^'r l` tory Plrb in nd Jeri State aJ Wasimotion, ~ �;:_ •`•ti;, `+. _ y Awag at s King Count Real Property Division ' a.l,.,.. L':'.•YY.. 'l..i L= • + EXHIBIT "A" The South 1"/2 of the South-1/2 of Government Lot 4, in Section 18, Township 21 North, Range.4 East, W.M.;. EXCEPT that portion thereof lying within the plat of. West Campus Division No. 7; Volume 121 of Plats, pages •9-11, . records of King County, Washington; Lot 2 of King County Short Plat No. 278.132 revised, Recording No. 8210260642, said Short Plat being a subdivision of the Northeast 1/4 of the Northeast 1/4 of Section 24, Township 21 North, Range 3 East, W.M.; p All of Government Lot 1, Section 19, Township 21 North, Range 4 East, W.M., EXCEPT any portion thereof lying within the.plat of West Campus, cy Division No. 7,.Volume 121 of Plats', pages 9-11, in King County, in Washington; EXCEPT any portion thereof lying within King County Short Plat No.782089.; Recording No..8212170406;,-and. EXCEPT the'.West 335.76 feet of said subdivision; The Northeast 114 of the Northwest 1/4 of Section 19, Township• 21 North, Range 4 East, W.M.; EXCEPT that portion.therebf lying Northwesterly of.the South- %.easterly margin of loth Avenue S.W..; s The Southeast 1/4 of the Northwest 114 of Section 19, Township i y4N 21 North, Range 4 East, W.M.; �y EXCEPT that 'portion h$ Transmission Line Easementsand-Southwesterlyofa line described, { 1 as f011QWS: line t Beginning at.a point on the Southeasterly of 133.45 feet South of the Southwest corner of said said Easement subdivision; thence North 526SU 44" East 350 feet to true point of beginning; a. thence South 37*01116" East to terminus on South line of said subdivision; The West 1/2 of the Northeast 1/4 of Section 19- 'Township.121 North, Range 4 East, W.M.'; The Southeast 1/4 of the-Northeast-1/4 of 'Section 19,..Township 21 North, Range 4.Eii s:t*, -W.M. EXCEPT county .road. (1st Avenue South); EXCEPT portion: platted as Campus View, Volume 101 of Plats, pages 21-24, records of King County, Washington;. Lot 5, Block 4.,.Lakewood, Volume:16 of Plats ,'page 35, in King Courity,.Washington; Lots:l through S,:inclusive,. Block 5,1akew6od, Volume 16 of Plats, page 35, in: King County, Washington; Lot 5, Block 11, Lakewood, Volume 16 of Plats, page 35, in King County, Washington; That portion of vacated Blocks 6, 12, 18 and 24., Lakewood, Volume 16 of Plats, page 35, in King County, Washington, lying Westerly of the Westerly line of Ist Avenue South. - _ .�� .. -'[-r y.��{.�.: �_ .:1...��..`= � ��1 •_i'i'rl�,i y���:fy"i. J.Y.��.r� .. a.. � -.. . 't r o~ EXIIII31T 111111 R/W 2086A Ieginning on the centerline of 21st Avenue Southwest at its intersection with the centerline of Southwest 336th Street, which is the Northwest corner of tho Northeast 114 of the Northeast 1/4 of Section 24, Township 21 North, Range 3 Fast, W.M., King County, Washington; thence South 88646115" East 1,321.44 feet; thence South 89000'1811 Bast 353.42 feet; thence along a tangent curve to the right having a radius of 700.00 feet through a central angle of 60°5915911, an arc distance of 745.25 feet; thence South 28°0011911 East 422.43 feet; thence along a tangent curve to the left having a radius of 800.00 feet through a central angle of 69019115", an are distance of 967.90 feet; thence along a tangent curve to the right having a radius of 660 feet through a central. -angle of 83929130",an are distance ca of 961.76 feet; thence South 13*5010411 East 391.90 feet; thence along a tangent curve to the left having a radius of ; 800.00 feet through a central angle of 67954156",an arc distance in of 948.28 feet; M thence South 81*45100" East 534.72 feet; thence along a tangent curve to the right having a radius of 660.00 feet through central angle of 75°0713511, an arc distance of 865.40 feet; thence South 06°37.2511 East 386.46 feet; thence along a tangent curve to the left having a radius of 400.00 feet through a central angle of 82°15'00", an arc distance of 574.21 feet; thence South 88°S21251' East 150.00 feet to a terminus at the intersection of 1st Avenue South and Southwest 348th Street, which is South 01°08158" West 1,310.14 feet from the East 114 corner of Section 19, Township 21 North, Range 4 rest, W.M.; EXCEPT any portion within existing public right of way; TOGETHBR WITH that portion of the Southeast 1/4 of said Section 19 lying Easterly, Southeasterly and Southerly of the 4d arc of a circle, having a radius of 25.00 feet, tangent to il.5 the existing Westerly margin of 1st Avenue South and ALSO ��j tangent to a line 42 feet Northerly of and parallel with the y \ centerline of said S. W. 348th Street; ALSO, that portion of the Northeast 1/4 of the Southeast 1/4 �h of. Section 19, Township 21 North, Range 4 Last, W.M., King County, Washington, described as follows: ". Commencing at the East 1/4 corner of said Section 19; thence, along the East line of said Section, South 01608,581, West 1,318.14 feet to the Southeast corner of said subdivision, designated as Engineer's Station 86+23.17, as shown on King.County Public Works Survey No. 19-21-4-4A; r• 'r thence, along the South line of said subdivision North 88°52125" y; West 1S0.00 feet to the beginning of a curve concave to the Y Northeast having a radius of 400.00 feet; i .a �H thence Westerly and Northwesterly 348.17 feet, along said curve '+•'s. -. 1 through a central angle of 49°52 20" to Engineer's Station �• 81+25.00; w� thence South 50°5915511 West 42.00 feet to the True Point of ,. Beginning, on the arc of a curve concave to the Northeast having a radius of 442.00 feet; thence Southeasterly 52.18 feet, along said curve with a radius 5j of 442 feet, through a central angle of 06°4514911, to a point of tif+t ¢rsl, Cusp with a curve concave to the South having a radius of 25.00 } feet (a radial line through said Point of Cusp bears North 1 1 44°1410611 East) ; feet, thence Northwesterly, Westerly, and Southwesterly 36.32 pt 1 7. along said curve with a radius of 25 fee t, through a central ; b`"'•'. angle of 83114'1111; W+.,:. thence, along a non -tangent line, North 39000105i1 West 60.00 s�4*:•;. ;_... feet to the beginning of a non -tangent curve concave to the West i ., having a radius of 25.00 feet (a radial line through said beginning bears South 3000000511 East); thence Northeasterly, I Northerly and Northwesterly 36.32 feet, along said curve with a radial line of South 39°QU'0511 East, through a central angle of is 83*1411111, to a Point of Cusp with said curve having a radius of 442 feet [a radial line through said Point of Cusp bears South :�5• 57*4514411 West); T thence Southeasterly 52.18 feet, along said curve through a +` I central angle of. 06*4514911, to the True Point of Beginning. c .i?rY - .... - smartIfEW Online rrbme contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument GUID=a7e9283a-87c4-424d-94c0-d6b068fe0c03 [9/8/2016 2:32:37 PM] rn c�i 0 N 0 RETURNADDRESS PUGET SOUND ENERGY, INC Right of Way Department 200 M 12001359 P O Box 97034 OBC-11N POT SOUND IN PREL It 80 Bellevue, WA 98009-9734 P6 Bet of vt f 14w604 xCOUNT KI PARTIAL RELEASE OF EASEMENT REFERENCE 4 8604020489 GRANTOR GRANTEE SHORT LEGAL SE 19.21-04E ASSESSOR'S PROPERTY TAX PARCEL 415920-0710 KNOW ALL MEN BY THESE PRESENTS that PUGET SOUND ENERGY, INC, a Washington Corporation, is the owner of an easement acquired from THE QUADRANT CORPORATION, dated March 18th, 1986, recorded in Volume of Deeds, page , under Auditor's File No 8604020489, records of KING COUNTY, over the real property described therein as follows SEE ATTACHED EXHIBIT "A" Said Company does hereby abandon and release all rights acquired under said easement in and to that portion of the above real property described as follows SEE ATTACHED EXHIBIT "B" IN WITNESS WHEREOF, said corporation has caused this instrument to be executed this 12th day of October, 2Do0 PUGET SOUND ENERGY, INC. By Steven R. Botts, Real Estate Representative STATE OF WASHINGTON } )Ss COUNTY OF KING } On this 12th day of October, 2D00, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Steven R Botts, to me known to be the person who signed as Real Estate Representative, of Puget Sound Energy, Inc, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of Puget Sound Energy, Inc for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instruction on behalf of said Puget Sound Energy, Inc IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written .a/fflll�li. Notary neat Wd Wd all not.aena moat be Moto 1 marykla Partial Release I111998 101005558 I"t ha i1'1 ti1Z,fL L (Signatur"" of Notary) MA RY M . I_L6.M 4>i� (Pant or stamp name of Notary) NOTARY PUBLIC in anq fcF the State of Washington, residing at Rj-±+ UN My Appointment Expires Un u-) m C:D cti N c� EXHIBIT 'A' PARCEL A: Lot 4, King County Short Plat 278133R, recorded under Auditor's spire No. 8001170451, records of King County, Washington, located in the Southeast quarter of Section 13, Township 21 North, Range 3 East, W.M.; EXCEPT the South 12 feet thereof. PARCEL B: Lot 2, King County Short Plat 278132, recorded under Auditor's fire No. 8210260642, records of King County, Washington, located in the Northeast quarter of Section 24, Township 21 North, Range 3 East, W.M. PARCEL C: The West half of the South 472 feet of Government Lot 4, Section 16, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT that Portion conveyed to King County for Roads. PARCEL D: Government Lot 1, Section 19, Township 21 North, Range 4 East, W.M., in King County, Washington, EXCEPT the West 335.76 feet thereof; EXCEPT those portions of King County Short Plat 782089 within said Government Lot 11 and EXCEPT those Portions conveyed to King County for Roads. PARCEL E: Lot 1, King County Short Plat 782089. recorded under Auditor's FIIe No.�8212170406 located in the Northwest quarter of Section 19, Township 21 North, Range 4 East, W.M., in King County, Washington. PARCEL Fs The Northeast quarter of the Northwest quarter of Section 19, Township 21 North, Range 4 East, W.M.■ in King County, Washington; EXCEPT that portion thereof in the Plat of West Campus, Division 7, recorded in Volume 121 of Plats, pages 9-11, records of King County, Washington; EXCEPT that portion deeded to King County Water District No. 124 under King County ,Auditor's File No. 7412180379; and EXCEPT that portion conveyed to King County for roads. PARCEL G. The South 50 feet of the West 50 feet of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 19, Township 21 North, Range 4 East, W.M., in King County, Washington. EXCEPT that portion deeded to King County Water District No. 124 under King County Auditor's File No. 7412180379; and EXCEPT that portion conveyed to King County for roads. c PARCEL H: The South half of the Northeast quarter of Section 19, Townes pp 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT C3 that portion thereof lying within thlz Plat of Campus View, Division 3, recorded in Volume 109 of Plats, pages 11-15 records of King County. Washington; EXCEPT that portion deeded to King County Water District No. 124 under King County Auditor's File No. 74121803791 and EXCEPT that portion conveyed to King County for roads. PARCEL Is The Northeast quarter of the Northwest quarter of the South- east quarter of Section 19. Township 21 North, Range 4 East, W.M., in King County, Washington, said subdivision being a portion of the Plat of Lakewood, recorded in Volume 16 of Plats, page 36, records of King County, Washington; EXCEPT roads. PARCEL J: The Northeast quarter of the Southeast quarter of Section 19, Top 21 North, Range 4 East, W.M., in King County, Washington, said subdivision being a portion of the Plat of Lakewood, recorded in Volume 16 of Plats, page 35, records of King County; EXCEPT roads. EXHIBIT °Bii LEGAL DESCRIPTION BINDING SITE PLAN No BSP 97-0001 EASEMENT AREA TO BE RELEASED P013TION of TAX LOT No 415920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land described in deed recorded under King County Recording No. 9806240947, in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 19, Township 21 North, flange 4 East, Willamette Meridian, and being more particularly described as follows PORTIONS OF AN EXISTING EASEMENT TO BE RELEASED, TERMINATED, QU(TCLAIM, AND ABANDONED, being a strip -of -land varying in width from 0 00 feet to 10.00 feet, described as follows ALL that portion of the Easement described in King County Recording No 8604020489, located Southerly and Westerly of the following described line Commencing at the intersection of S W Campus Drive and 1'Avenue SE said point being the South Sixteenth comer common to said Section 19 and Section 20; Thence, along the East line of the Southeast Quarter of Section 19, North 01 108'58" West 52.00 feet, Thence, North 881152'25` West 48 21. feet to a point on the Proposed Westerly flight -of -Way line of 1' Avenue South, said point bung the TRUE POINT OF BEGINNING of the Northerly and Easterly sidelines of the herein -described strip -of -land, THENCE along the following courses: 1) Southwesterly 21 25 feet, along the arc of a 25 00-foot radius curve, concave Northeasterly and having a radial bearing of North 47°34'25" West, through a central angle of 48042'00 21 North 88°52'25" West 45.47 feet, parallel with and 43 50 feet North from the centerline of S W. Campus Drive, 3) North 78°05'01" West 107.80 feet; 41 Westerly and Northerly 424.05 feet, along the arc of a 340.00-foot tangent curve, concave Northeasterly, through a central angle of 71027'36", 5) North 06"37'25" West 88 40 feet; 6) North 13026*56" West 88 35 feet, 7) North 06'37'25" West 219.19 feet, parallel with and 53,00 feet East from the centerline of S W Campus Drive, 8) Northerly and Westerly 513.25 feet, along the arc of a 660 00-foot tangent curve, concave Southwesterly, through a central angle of 44033'32", 91 North 51010'47" West 32 88 feet, to a point on the Northeasterly Right -of -Way line • of S W. Campus Drive, THENCE, along said Northeasterly Right -of -Way line, parallel with and 42 00 feet from the centerline of 5 W Campus Drive, Northwesterly 374.55 feet, along the arc of a 702 00-foot radius curve, concave Southwesterly, through a central angle of 30'34'13', to the Northwest corner of the parcel described in Recording No 9806240947, and being the terminus of the Northerly and Easterly sidelines of the herein described strip -of -land c-D c_> The above described strip -of -land contains approximdtefy 13,350 square feet, more or less SEE ALSO, "Exhibit Map", attached hereto and by this reference made a part hereof, for a graphic representation of the herein described strip -of -land End of Description Prepared by Sarghausen Consulting Engineers, Inc P ledakpro/\61271doc\6127PARR doc Mike Hotes Page 1 9/11/00 W _---__--_-_ _ Ndr56'05w rr6605' El/4 -__- -- -; --- ---_ _ --- --- �_ sec U - �� Tract EE >^ Park Dedication :9 ay bra 1 too I i acres l N ` ` X ,+1 4 is lseE•�itb? '•� SQ700'Od7 . A= R=aaaar�' `•� rS123' Lot A G =" JJ'32- Ws S 0 +aa 7Ua Scale 1 *-200' k Sln6'561 38J5 NW37,1sw W 40' PORTION OF EASEMENTS TO BE RELEASED 13,350 t sq ft •wINCo- 9 25 t acres I 5%' !S 0 Az 53 t=W42' oe�e- 0 R=958 00' 'd 4• tmtm EASEMENT FOR UTILITIES 10 18,190 t sq ft V I W a 4 2190f t �{ ' LQt B 161 t cur LOt D A 1 Q6 a t acres Lot G 1 245 2 acres ■� } 421 TPO0 y EXHIBIT MAP - UTILITY EASEMENTS Binding Site Plan No. BSP 97-0001 PORTIONS of the N,E.1/4 of the S.E.1/4 & the S,E.1/4 of the N.E.1/4 of SECTION 19, Township 21 North, Range 4 East, Willamette Meridian City of FEDERAL WAY KING County State of WASHINGTON Fite P\5051LPftp b12?\SURVEI'\5127NE1DWG We/Time 09/►1/2 ,u 1309 Scale 1=200 M*eh XrM� smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=80903dOf-7d49-4edf-a6c3-38fb52377dae [9/8/2016 2:32:40 PM] ORIGINAL Java" EASEMENT FOR UNDERGROUND ELECTRIC SYSTEM P97JOM For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, I— corpozati-- ("Grantor" herein), grants, conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington cor- porallon ("Grantee" herein), for the purposes heralnafter set forth a porpetunl easement under, across and over the fol- lowing described real Properly (the "Properly" herein) lining Courtly, Washington. SEE ATTACHED EXHIBIT "A". O" GO O CD a n y FILED FOR RECORD AT REQUEST OF: CD _ Q A? PIIGET POWER W o -w REAL ESTATE DEPARTMENT ^` P.O. BOX 97034 M BELLEVUE, WASHINGTON 98009 9734 d s s-2 c m,= ATTENTIOIr_&&ff,_Jj==. Except as may be othervrise set forth herein Grantee's rights shell be exercised upon that portion of the Properly (the "Right - of WW herein) described as follows: b@IgW.aLWg �aat•ln+.idrblharMg-__---------FeetsWieoh•svldtkurcrk9Tase1111:17 Iliaadoacdbadaakllxvc SEE ATTACHED EXHIBIT "B". 86r04i02 U0469 D RECD'`F '4.00 CRSHSI_ -- - .rw.xxr9. 00` 55 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace and enlarge an underground eleclrir. Iranrminlon nndfw distribution system upon and under the Righl.or-Way Wipthar with all no� ,Z,. or wnvalaoru ap- =ppuurlanenoas iharelur. whkh may include but are not Ural led to Ibe fallowing: underground caodivuLL tablet con mtunical ion vsuha mwllwlq. ewllehw. end Iransfmmum and vuml-barled ar ground mounted facllhicn Following she iniliai non- omudton of Its M1diilin, Cramoa may from limo to lime conlwd such oddi4nnal fecililior n Is may ragaise. 2. Access Grantee shall hove the right of access to the Rlghtaf•Wey war and me o the Property to enoblo Grantee to exer- cise Ifs rights hereunder, provided, that Grantee shell compaasatu Cm or for any damage to the Property caused by the exer- cise of said right of nee s. Ol slrrrc[ianr; Land— I Grantee may from time to it me remove traw, bushvs, wother obstrocitooa within the Right, of -Way and may level and pads fie Rl`;ZWay to she extent munnobly necessary to carry out the purposes sal forth in pparagrapph 1 hareor. provided, that followlug any such work. Grantee ah¢ll, to lire extant roas¢nehlyy practicable. seaters the Rlght•¢A-Way to the ctmdIrkn it was Ire- prior to wch work. Follo ng the inatellallun o{ Graniee's underground rodlllln, GfanInr may endonake any ardl naryimpravamanm to the In ndsraping of the Right-0f.Way, provided that no noes or other plants ahnll be placed Iheroon which would be unreasonably expansive or Impractical for Grantee to romave and restore. 4. Graniar'4 Uss•of Hirt i-of-Wp•. Grantor rtmrvca the Nght 0 uw the Riphl•or-Way fur any pwpme nol Irtcvtaistenl with the rights herein gritn11 yymvidcd• Am Grantor oball nal wrwimci or marisIn airy bollding or whor structure en Ihn Ryht- uf•Wny whlch would late am with the akemise of the r[grru hctain rnied: chat ne dtgging, tannoll ng or other Smnr of M. tmcrtan eu[aty shell be dens an the Preporty which would dislurb thm earetppeeWlon er unearth Cranma's fecilntes ¢n the Righ tbf-w¢y, ar vnd&W. the ratoral support to told fac llaos: and Ihm no blosYnO shall ire coca wlshln rs fca[of the Atghlar• way, s, trade: n4. Byyaccepnng and rawrdiog Ale aoaamonL Grantee aireee to iademNfyor d hold Mrmlaas Greiner from wy and allclalms for [ajurles and/or dnmoges wfforad by any person which may he csvacid by the C ronlae'a c"MIx OF 'I'm d u ' harem granlod: prwidod, that Gr I" shall not lea rosponubA to Grantor for any Inlutiae and%or damoget W illy perwn caused by acts or omGrlona of Grantor, L Aiandoweem. Ilia rlghls herein gr-anlod shalt Coollnve mill] such lime as Grantee ceases to hue rho lti t.of-Way for a period of lire IT[5) svcressNe years, in which event Ibis vesamonl shell larminale end all r4his hereunder shall revert t¢Oron- lor, previdnd Ihal uv ¢bond¢nmonT shall be doomed to Nava act:lmd. bY' raaaan OF Grantee's failure to Initially [quell lla focilldn on Iha Rlgh:af.Woy within wry IF tied of lime from Iha data haraof. 7. Snouosen and Aatfgna. The rr=hls and oblipilonr of'Iho parries shall room to the banefis or and be binding upon lhalr rrspeCllva auccaamra And act ffnr. A-1577 KH—ACO01 50-27679 213:52/gg3 IS EXCISE TAX NOT REQUIRED 21471/T3-4/76 X101-- Recur& Olywe news las EZy Ikpul f JAlb���} PAIW thle day of • f 9 -" GRANTOR Waehi neton 00 a corporation d N p m <11 Nil - CD BY 1 CO .- STATE OF WASHINGTON I ' SS COUNTY OF On [his day personally appeared before me .. to me known to be the Individual —described in and who executed the within and foregoing Instrument. and acknowledged that i signed the same Be free and voluntary act and deed for the uses and purposes thereinmentioned. GIVEN under my hand and official seal this day of . 19 Notary Public in and for the Stale of Washington, . residing at STATE OF WASHINGTON I SS ._ •COUNTY OF I On this day personally appeared before me j to me known to be the individual _ described In and who executed the within and foregoing instrument, and acknowledged that signed the some as free and voluntary act and deed for the uses and purposes therein mentioned. ' VEN under my hand'and.'oilf_Iciil seal this day of Notary Public in and for the Stale of Washington, residing at 'f STATE OF WASHINGTON I SS COUNTY OF I On this day.pmaonally appaarod before me ll to me known to be lb* Indlvdual—damrlbod in=A who axtt od the within and ferngatng Instrument. and ecknnwledgad Ihet 'signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 19 • Notary Public in and for the State of Washington. it residing at I STATE OF WASHINGTON I it I I - �" CORPORATE ACKNOWLEDGMENT COUNW OF • Ihla y of .19 before me, the undersigned, personally appeared j - - and ..... • to me kn la be the and , reepaclively,of - T73F [IlraI7RATr'f'_ r•(199frR ET Tf1/F the corporation that executed the foregoing instrument, t and arirnnwlodged the xa3 � I meOn. kilt rixpe aq_r� voluntary aatltred deed of said wrpnmllon, for the uses and purposes therein it -=. • . . ma"Na"d. and on oath evoldd eeaI affixed is The li!•'.•• authorized to exa tt the said Instrument and Ihel the U Wllnesa my hand am. 7< day and ebevu Than" , t -�^s�y .. - ii•�tcr . Nolary UTA i for tha Slate of Wmltington.9.1 r 41 • 0 lb r ORIGINAL ,! THE '• QUADRANT CORPORATION _ •`aS KH-AC001 T+�-'Ep FOR RECot3o AT EpUesr r -• 5027679 PUGET f ' .R' �••'y, :: , �,!!+ PAV&.R 213-52/93 REAL EMME DEPAMMENT 214-71/73-4/76 P.O. ` -`•h BQX 97034 BELLEVUE, WIH111TON U009.9734 EXHIBIT "A" �4 PARCEL A: Lot 4, King County Short Plat 278133R, recorded under Auditor's • '_��:�, R;.File No. 001170451, records of King County, Washington, located in the Southeast 1 •. quarter of Section 13, Township 21 North, Range 3 East, W.M.; j EXCEPT the South 12"feet thereof. _ - PARCEL S. Lot 2, King County Short Plat 278132, recorded under Auditor's u8210260642,,records co Pike No.. of King County, Washington, located in the } cD Northeast quarter of Section 24, Township 21 North, Range 3 East, W.M. i C:) - CD PARCEL C: The West half of the'South 472 feet of Government Lot 4,- • 10 section18, Township 21 North, Range 4LEast, W.M., in King County, • Washington; EXCEPT that Portion conveyed to King County for Roads.• ` - PARCEL D: Government Lot 1, Section 19, TooPRship 21 North, Range 4 East. 17MM., in King County, Washington, EXCV..T the West 335. 76 feet - thereof; EXCEPT those portions of King. County: Short Plat 782689 within said Government Lot 1; and EXCEPT those Po9tfons conveyed to King • County for Roads_. - PARCEL E: Lot 1, King County Short Plat 782089, recorded under Auditor's - . FF e-.Yo•:` 8212170406 located in the Northwest quarter of Section 19; - Township 21 North, Range 4 East, W.M., in King County, Washington. . - PARCEL F. The Northeast quarter of the Northwest quarter of Section 19,I Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT that portion thereof in the Plat of West Campus, Division 7, recorded in Volume 121 of Plats, pages 9-11, records of King County, S Washington; EXCEPT that portion deeded to King County Water. District - No. 124 under King County Auditor's File No. 7412180379E and EXCEPT that portion conveyed to King County for roads. i PARCEL G. The South 50 feet of the West 50 feet of the Southwest ; .• carter of the Northwest jl 9 quarter of the quarter of Section - 19, Township 21 North, Range 4 East, W.M., in King County, Washington. 'l EXCEPT that portion deeded to King.County Water District No. 124 - . under King County Auditor.'s File No. 7412180379; and EXCEPT that • portion conveyed to King County for roads. . - - PARCEL A: The -South half of the Northeast quarter of Section 19, T�F21 North, Range 4 East, W.M., in King County, Washington; EXCEPT. that portion thereof lying within the Plat of Campus view, Division _. - 3, recorded in Volume 109 of Plats, pages 11-15 records of King County, Washington; EXCEPT - that portion deeded to King County Water District No. 124 under"King County ,- Auditor's File No. 7412180379; and EXCEPT that j poxtion conveyed to King . County for roads. ' PARCEL is The Northeast quarter of the quarter of the South - . _ ea st quarter of Section 19, Township 21 North, Range .4 East, W.M., in �• - ... King County, Washington, said subdivision being a portion of the Plat .-!-' of Lakewood, recorded in Volume 16 of Plats; page 36, records of Kin g County, Washington; EXCEPT roads, PARCEL S: The NortYiBast quarter of the Southeast quarter of Section 19-, p 21 North, Jange 4 W.M., East, in King County, Washington; said subdivision tieing a,portion of the PlatofLakewood, I. .i,., •` .: recorded in Volume 16 of Plats, page 357 records of King: County; EXCEPT roads.ut in;:•�� .'�-- 10 t 49 lop,� .,wimwram= % THE QUADRANT CORPORATION ORIGINAL A-1577 KH-AC001 _ S027679 FILED FOR RECORD -. 21-/AT REQUEST 0F: � 214-71 /73-4/75 PI1GETpOWER REAL ESTATE DEPARTMENT P.O. BOX 97034 t BELL£VUE, WASHIMTON EXHIBIT "B" gS009.9734 gi9ht-of-Wsv I: Ten (10) feet parallel With and adjoining Ehe y exterior margins of S. W. Campus Drive (S. W. 336th Street), as described' and recorded under Ring County Auditor'a File No. 8501170665, lying within the above described Property (as further delineated on attached Exhibit C). f Ri hr-of-Warms That portion of Lot 1, King County Short Plat No. i 2 8 recoroed under King County Auditor's File No. 8212170406, described as follows: Commencing at the most Westerly corner of said Lot 1: qr thence Southeasterly along the Southwest property line {also known as cv the margin of $. W. Campus drive} a distance of 255 feet to the TRUE POINT OP BEGINNING; •' thence continuing along said margin of S. w. Campus Drive a distance i. of 20 feet; i, m thence Northeasterly at right angles, a distance of lS feat; 1• thence Northwesterly parallel with said margin of S. W. Campus DDti�a a distance of 20 feet; thence southwesterly to the said margin of S. TRUE POINT OF BMNgING; W. Campus Riivs and the I EXCEPT for Right -of -Way No. 1 thereof. c , i Lp 0 w c: ap C:, C) ,-I- CD 10 co im on axe off® . C, ORIGINAL FILED FOR RECORD AT REQUEST OF: PUGET POWER REAL ESTATE DEPARTMENT P.O. BOX 97034 BELLEVUE. WASHINGTON 99009-9734 ATTENTION_- tA Ir, li!t M� 2 El ors 2q Zia 7f�r 7-77 9 smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.netlsmarthind/?Orderpocument GUID=c52c84bc-7e95-43f8-bfb4-0790c766b233 [9/8/2016 2:33:02 PM] ArFrER RMOitMING REMN TR OCT3 31 PN'aa 6 PASEIIENT FOR ORATNAGC AND DETEti N RETEN ION POND For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, The Greater Federal Way National Little League, a non-profit corporation, ("Grantor"), hereby grants and conveys to The Quadrant Corporation, a Washington corporation ("Grantee"), for the purposes hereinafter set forth, a perpetual easement ("Easement") over, across and under the real property ("Property") C1 in King County, Washington, legally described in Exhibit 1. 'a' T4 1. Purpose. Grantee shall have the right to construct, C' operate, maintain, repair, replace and enlarge a storm water J drainage detention and/or retention pond over, across and/or under O the Easement, together with all necessary appurtenances thereto, as described in Exhibit 2. (0 2. Access. Grantee shall have whatever right of access to the Easement over and across the Property and improvements on the Property to enable Grantee to Exercise its rights hereunder; orovi<ded, w vs-, that Grantee shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. Grantee shall also be entitled to a temporary right of access over, across and under the Property located adjacent to the Easement for a distance of ten (10) feet measured in each direction W. from the Easement for the purpose of constructing improvements to y the pond, or other improvements related to Grantee's use of the [-i Easement. 3. Bight Qf Way, QlaaringMai n Grantee shall have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of trees, brush and Cl� other vegetation upon the Easement which could, in the reasonable R opinion of the Grantee, materially interfere with the exercise of _ft Grantee's rights herein or create a material hazard to Grantee's � r - facilities. 4. Iade_nm ity Grantee agrees to indemnify, defend and hold Grantor harmless from all losses, damages, claims, obligations, liabilities and expenses (and all actions, proceedings, judgments and attorney's fees and costs incident thereto) related to the Grantee's use of the Easement or this agreement, the assertion of rn any rights or the performance of any duties of Grantee contained herein or any breach thereof. JJ)V ". 5. Lirp M ita,tign In no event shall Grantee cause or Ln r- -n Qr,rr permit any use of the Easement or any action to occur other than those uses and activities described in Paragraph 1. 6. Sane its. This Easement is hereby dedicated for the use and benefit of the property legally described in Exhibit 3, and the i 0 owners thereof, the Grantee and all their heirs, successors and �n s 0 { Y EXCISE TRY, NOT REQUIRED v�IGng Co. �Aewds CiMon o BS' f- z �S�L�, Deputy assigns, and the Easement shall be deemed a covenant running with the land. 7. q mpith—,ate. All improvements, installations and work to be constructed or performed by Grantee pursuant to this agreement, including, without limitation, the installation, maintenance and repair of the structures and improvements described in Paragraph 1 and the restoration of the Property shall be constructed and performed in compliance with all laws, ordinances, orders, rules, regulations and requirements of any governmental entity having jurisdiction over the Property or the Grantee. 8. 2liscellaneous. d O 8.1 Notices. All notices, consents or waivers required or R-4 permitted in this Easement shall be in writing and shall be deemed to have been duly given when delivered personally or 72 hours after GO being mailed, registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth immediately following the signatures of the parties hereto. A party may change its address for notice by such notice. 8.2 Cn iThis Easement, including its exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. No change in or amendment to this Easement shall be valid unless set forth in writing and signed by all of the parties after execution of this Easement. 8.3 Furthpr Assurances. Each party agrees that it will without further consideration execute and deliver such other documents and take such other action as may be reasonably requested by the other party to consummate more effectively the purposes or subject matter of this Easement. 8.4 APPlicahIQ Law. This Easement shall be governed by and construed in accordance with the laws of Washington. 8.5 A_ttrZ neys'Feu . In the event of any controversy, claim or dispute between the parties effecting or relating to the subject matter or performance of this Easement, the prevailing party shall be entitled to recover from the nonprevailing party all of its reasonable expenses, including reasonable attorney's fees, accountant's fees, expert witness fees and costs. 8.6 Counternartz. This Easement may be executed in several counterparts and all such executed counterparts shall constitute the same agreement. It shall be necessary to account only for one such counterpart in proving this Easement. 2719D r- TP T4 C.� G C T'• S 8.7 Headings. Gepder n Section headings used in this Easement are used solely for the convenience of reference and it shall not amplify, limit, modify or otherwise be used in the interpretation of any provision of this Easement. The masculine, feminine or neutered gender and the singular or plural numbers shall be deemed to include the others whenever the context to indicates or requires. 8.8 av hill If any provision of this Easement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Easement shall remain in full force and effect. 8.9 5ugrgssors and ASSinns.. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. There is no restriction on the transfer of the parties' rights and/or duties under this Easement. 8.10 Exhibits. All exhibits referred to herein are incorporated herein by this reference. I wi nes whereof, this Easement is entered into this L!4L day of 1988. GRANTOR: GREATER FEDERAL WAY NATIONAL LITTLE LEAGUE, a non-profit corporati.op STATE OF WASITYNGTON ) I) 55. COUNTY OF KING ) I CERTIFY that I know or have satisfactory evi is the person who appeared and said person acknowledged that Ile signed this insa oath stated that _4f was authorized to execute the in acknowledged it as the��+ka�Jz 2719D 3 .AC e eten,c� ems' re that -;aKl % FEDERAL WAY NATIONAL LITTLE LEAGUE to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED:2Z461, 4 G - ` Signature Title Cti My Appointment Expire 2719D Those portions of the east half of Section 19 and the southwest quarter of the northwest quarter of Section 20, all in Township 21 North, Range 4 East, W.M., in King County, Washington, being more particularly described as follows_ Beginning at the most southerly corner of Lot 1 of Campus View, according to the plat thereof recorded in Volume 101 of Plats, pages 21-24, inclusive, records of said County and the northwesterly margin of 1st Way South, from which the one -quarter corner common to said �.{ Sections 19 and 20 bears S19028102"W 302.19 feet distant; Thence from said point of beginning along said 00 northwesterly margin, along a curve concave to the Southeast having a radius of 850.00 feet; Thence southwesterly and southerly 422.08 feet along said curve through a central angle of 28 2V W to a radial line of said curve Which hears N77 03'25"W and the beginning of a reverse curve concave to the northwest having a radius of 30.00 feet; Thence leavinq said northwesterly margin southerly, southwesterly and westerly 44 67 feet aloncl said curve through a central angle of 05b19'25"; Thence N81045'00"W 3364.00 feet to a point on the northerly margin of Southwest Campus Drive as described in deed recorded under Recording Number 0501170665, records of said County, said point hereinartcr referred to as Point -A"; Thence leaving sai$ northerly margin N08°15'00"E 485.00 feet; Thence S84 07121"E 313 99 feet; Thence N600:1'00"E 350.00 feet; Thence S74b55'42"E 609.45 feet to an angle point on the westerly boundary Sf said plat; Thence along said westerly boundary S40 36126"E 400.00 feet to the point of beginning and containing 071,434 square feet (20.0054 acres), more or less. TOGETHER WITH AND SUBJECT TO an easement for ingress, egress, utility and drainage purposes over, under, across and through a strip of land 60.00 feet in width, having 30.00 feet of such width on each side of the following described easement centerline: Deg nning at point "A" as described above; Thence NOB 15'00"E 486.24 feet to the terminus of said ease- ment centerline and from said terminus said one -quarter corner common to said Sections 19 and 20 bears S67043-15"E 1484.84 feet distant; ALSO SUBJECT TO AN EASEMENT for ingress, egress, utility and drainage purposes over, under, across and through a strip of land 60.00 feet in width being more particularly described as follows: EXHIBIT I , PA4E I Beginning at said most southerly corner of said Lot 1 of Campus view; Thence southwesterly 60.05 feet along said northwesterly margin of 15t• Way South having a ra$ius of 050.00 feet through a central angle of % 04 02152" to a line lying parallel with and 60.00 feet distant southwesterly from, when measured at right angles to said westerly boundary of Campus View; Thenoce H4ab36'26"W 523.41 feet to a point which bears O N74 55142'W from sajd angle point on said westerly i C boundary; Thence S74 55142"E 135.32 feet to sap, angle Vq point; Thence along said westerly boundary M 36'26"E Q7 400.00 feet to the point of beginning. GO Situate in King County, Washington. EXHIBIT Ii, PAGE 2 1` EXHIBIT 2 DRAINAGE EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 1 OF CAMPUS VIEW, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 101 OF PLATS, PAGES 21-24, INCLUSIVE, RECORDS OF SAID COUNTY AND THE NORTHWESTERLY MARGIN OF IST WAY SOUTH, FROM WIIICTI THE ONE - QUARTER CORNER COMMON TO SAID SECTIONS 19 AND 20 BEARS S19'28'02"W 302.19 FEET, DISTANT; THENCE FROM SAID POINT OF COMMENCING ALONG SAID NORTHWESTERLY MARGIN, ALONG A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 850.00 FEET; THENCE SOUTHWESTERLY 253.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17"03'35" TO A RADIAL LINE OF SAID CURVE WHICH BEARS N65'40'01"W AND THE TRUE POINT.' OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY AND SOUTHERLY 165.97 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'23124" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET; THENCE LEAVING SAID NORTHWESTERLY MARGIN SOUTHERLY SOUTHWESTERLY AND WESTERLY 44.67 FEET ALONG THROUGH A CENTRAL ANGLE OF 85-18125"; THENCE N81'45100"W 571.00 FEET; THENCE N66'1310011E 217.00 FEET; THENCE S29.54'00"E 93.00 FEET; THENCE S72'35100"E 11.00 FEET; THENCE N49'06'00"E 165.00 FEET; THENCE N34'14'0011E 104.00 FEET TO A POINT N65'40'01"W FROM THE TRUE POINT OF BEGINNING; THENCE S65.4010111E 234.75 FEET TO THE 'TRUE POINT EXHIBIT Z. , PA c e 1 r SAID CURVE WHICH BEARS OF BEGINNING. a 0 O M Z FEDERAL \iV,'\Y Ll TL LF-A0- Ur NJr•JI rar. oo� w• rf•ai' 80'f .. oc•'re'e Nse •�J'ra'F 4W. aut J. ll /f. ra f op. �, f `11 SCALE: 111.2001 "=200' e. rrw'i r1AsT c14IMP U5 r jN r r`l EXHIBIT Z , P-14E Z d9 20 p•zs•zr- r R, iro.00' Lti 1 1 t� That portion of the east half of Section 19, Tohnship 21 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: Commencing at the east corner of said Section 19; thence north 87°56'08" West 1166.05 feet to a point on the northerly margin of the lands described in deed recorded under recording number 8501170665; records of said county, and the true point of beginning; C7 thence south 81045'00" East 1052.64 feet to the beginning of a curve concave to the northwest having a radius of 30.00 feet; thence easterly, northeasterly C and northerly 44.67 feet along said curve through a O central angle of 85°18'25" to a point of cusp with the r'1 westerly margin of First Way South (First Avenue South) as described in deed recorded under Recording Number 7306070524, records of said county, said point of cusp being the beginning of a non -tangent curve concave to the east having a radius of 850.00 feet (a radial line through said beginning bears north 77003'25" West); thence southerly 110.67 feet along said curve and said westerly margin through a central angle of 07127'35" to a radial line of said curve which bears north 84031'00" West; thence continuing along said westerly margin along said radial line south 84131100" east 8.00 feet to the beginning of a non -tangent curve concave to the east having a radius of 842.00 feet; thence southerly and southeasterly 227.54 feet along said curve and said westerly margin through a central angle of 15*29100"; thence continuing south 10"00'00" East 115.00 feet to the beginning of a curve concave to the west having a radius of 958.00 feet; thence southerly 186.42 feet along said curve through a central angle of 11108158"; thence continuing south 0*08*58" West 528.03 feet to said notherly margin and the beginning of a cure concave to the northwest having a radius of 25.00 feet; thence southerly, southwesterly and westerly 39.26 feet along said curve through a central angle of 89158'37"; thence continuing along said northerly margin north 88052125" West 83.03 feet to the beginning of a curve concave to the northeast having a radius of 358.00 feet; thence westerly, northwesterly and northerly 513.92 feet along said curve and said northerly margin through a central angle of 82"15'00"; thence north 06,37125" West 386.46 feet to the beginning of a curve concave to the southwest having a radius of. 702.00 feet; thence northerly, northwesterly and westerly 910.47 feet along said curve and said northerly margin through a central angle of 75007'35" to the true point of beginning and containing 14.07 acres, more or less. Situate in King County, Washington. EXHIBIT 3 2743D smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument GUID=29eeb9e3-ff09-4c6e-aelf-fe6a8e979db9 [9/8/2016 2:33:11 PM] .RECEIVED MIS DAT Campus Highlands 'II .JUL % If 20 fill '89 Agreement No. M 9 B Y irdj: 11:'.% ; ^.ti 0 r RFCD? R: '�j j4ji$ A G R E E M E N T THIS AGREEMENT, entered into in duplicate between Federal Way Water and Sewer District, King County, a municipal -corpor- ation of the State of Washington, hereinafter referred to as the "District", and Quadrant Corporation, P.O. Box 130, Bellevue, Washington 98009, hereinafter referred to as "Developer". 89�07�07 *0527 D P RECD F 12.00 CRSHSL m;o12.00 :$5 WITNESSETH: WHEREAS, the District operates and maintains a dcmcsti,c water supply and sanitary sewer system within its boundaries which can serve property or Developer, and WHEREAS, Developer desires to construct certain water mains and sewer mains and appurtenances at its own cost to serve Developer's property, for delivery to and operation by the District, NOW, THEREFORE, IT IS HEREBY AGREED that: 1. The land for which domestic water supply and sewer service is requested and to which this Agreement applies, is realty in King County, Washington, legally described on Exhibit W , attached hereto and by this reference incorpor- ated herein. By executing this Agreement, Developer cepre- senr:s and warrants that it is the owner of record of the above -described property. if such representation of owner3hip is invalid, this Agreement shall be void. Developer agrees that the District may require Developer to furnish a title repc:'t for the property at Developer's expense. 2. At the time the Developer executes and delivers this signed Agreement to the District, the Developer shall pay all associated charges as set forth in Resolution No. 89-320, or any subsequent amendment thereto, which charges are more specifically described as follows! WATER SEWER Section B - AJ-2: Developer Extension Charge includes administrative, inspection, engineering, legal and Bocak A Mchett Atlornsrt at Law M &-A Main Page 1 Aubw'"Welhonn9=2 (2M)5=4"? .SU-3920 Campus Highlands III Agreement No. gagHjl64 37 WATER SEWER other costs, including the cost of main cleaning prior to acceptance, associ- ated with the extension of water and $ 2r147.flp $ 4,300.DD sewer facilities. (See subsections a s b below.) Section E: Right -of -Way construction to cover District's cost associated in the Right -of -Way Construction Permit $ -0- $ -�- for county permit. Total $ 2,147.00 $ 4,300.00 a. The Developer Extension Charge for water shall cover allcted inspection time of 21 hours by the District inspector. In the event the project requires District inspection in excess of 21 hours, or in the event the District incurs inspection costs related to R.Q.W. Construction Permit, the Developer shall be charged and shall pay, prior to acceptance of facilities, the prevailing hourly rate of M .00 for such inspection. b. The Developer Extension Charge is calculated based upon review of preliminary plans, which review shall not in any way be deemed an approval of plans for construction purposes. 3. In the event this Agreement is not executed and returned, along with the above -referenced charges, within six months from the date of transmittal of same to the Developer, which date of transmittal is MAW 2,1n�i4 PG - Agreement shall be void and a new Developer Extension Appllclk_ tion, along with application fees, will be required. 4. In the event work and construction described herein is not commenced within 6 months from the date plans and specifications have been approved, or construction has not been completed on or before ' ' (unless delayed by an unavoida le accident, str a or acts of God), this Agreement shall be void and of no force or effect whatsoever. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement. 5. The District's engineers shall review final plans and specifications for water main and sewer main constructloil to be performed by the Developer under this Agreement. If preli- minary plans are not deemed acceptable by the District, Devel- oper shall be obligated to revise the plans and specifications in accordance with design standards deemed acceptable by the District. After Developer has been notified in writing by the District that final plans and specifications have been approved, Developer and Ceveloper's contractor shall meet with District representatives for a pre -construction conference before construction is commenced. The Developer shall. submit mylar originals prior to or at the pre -construction conference. 6. The District will make application for King County Property Division 'Right of Way and Construction Permit'. IBoak A Prltelwtt Attomeys at Law 422 Ent Mein Page 2 Aubum•W„hinglon OM2 (2M)&L7430? . 85I.5 G2o Campus Highlands III Agreement No. ffluAl�yLL Developer acknowledges familiarity with the provisions of such Right of way Construction Permit and agrees that it or its contractor's failure to comply with any of the provisions of the permit shall entitle the District, in addition to the right to enforce any other remedy available to King County as the permitting party, to immediately stop all construction activity on the right-of-way until the violation or violations have been eliminated and corrected to the satisfaction and the District should not be held liable for any damages, eit}ver direct or indirect, for the delay and expense of such worts stoppage. Developer shall procure all other state and county licenses or permits. 7. In the event an easement is required over really other than realty described in Paragraph No. 1 herein, such easement, in form acceptable to the District, together with title report or other sufficient proof of ownership of such , realty, shall be delivered to the District prior to commence- ment of work. Developer shall be obligated to obtain a writ- ' ten release from any property owner across whose property con- CQ struction is performed pursuant to the grant of an easement, I V) sufficient to indicate that the site restoration an the ease- ment is satisfactory and complete. 8. Construction shall be performed in accordance with District approved plans and specifications and only under the supervision of workeL's ❑r craftsmen experienced in the instal- lation of water and,rewer mains and the related work. 4. By execution o; this Agreement, the District does not guarantee sanitary sewer service will be provided to realty described herein. In the event that any District facilities, such as lift stations, treatment plants and sewer trunk lines, become utilized 4yound their design or approved capacity or become inoperable fos any cause, the District reservers the right to refuse any :aae+aectians which would use such facility until remedial acti.or.has been completed, and the District shall not be liable for any direct or consequential damages which occur to Developer arising out of such District.irefusal. to connect or time delay necessary to take remedial action. 10. The District shall not be obligated to allorr connect- ion of any property designated in the King County Sewerage general Plan as "Non -local Service Area". 11. The Developer and its agents agree to indemnify and hold the District- harmless from any and all claims which may be assessed against the District as a result of the construc- tion or maintenance of the work described in this Agrea-ant prior to acceptance by the District. The Developer shall maintain in full force and effect during the constructiob period, liability insurance in the minimal amounts as foUows: Bodily injury liability coverage with limits of not ].ass than $500,000.00 for bodily injury, including accidental death to any one person, and subject to that limit for each person, in an amount of not less than $1,000,000.00 for each accident; and property damage coverage in an amount of not less than $1,000,000.00 for each accident. A certificate of insurance shall be provided, prior to or at the pre -construction confer- ence, stating the amounts of the coverage and the loot+ision of the District as an additional insured. Ten days written notice shall be given to the District for cancellation or expiration of this insurance. Book a v.nch.0 i Minns" a1 Law ' 11 422 Ent Mdn Page 3 Aubum,Washington 0=2 'M1=432I • 854 5920 Campus Highlands III Agreement No. Lim L 12. Developer shall notify the District uhe date work and_ construction described in this Agreement will commence, and said notice shall be given not less than 72 hours (rot includ- ing Saturday, Sunday or rational holidays) prior to such date. No sewer and/cr water facility shall be covered prior to inspection. After work is commenced, it shall vigorously, consistently and in a first-class workmanlike manner be carried to completion. Developer shall maintain at the con- struction area at all times during construction, a representa- tive to whom District notices may be given regarding construc- tion. Said representative shall be designated in wrLting by the Developer before start of work. Developer may request inspections during construction upon 2-day's notice to the F District. 13. Testing of water and sewer facilities shall b5 performed as required by the District and only after satisfac- tory tests have been completed and witnessed by the District's designated agent, will the work be accepted. 14. Upon completion of construction, Developer or con - CD tractor shall deliver to the District a bond in the amount of ten percent (10%) of construction costs or $s,000.00, which- ever is greater, that a reliable contractor will make and pay iL for repairs necessary within one (1) year from the date of p acceptance of said construction, arising from faulty labor or material. Form of bond is to be approved by attorney for the District. Develupers shall also deliver Sill of Sale for sewer and water mains and appurtenances installed and con- structed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District. 15. Upon completion of construction, Developer shall submit for acceptance and approval to the District a statement of monies and/or other accounting of monies expended to per- form construction described herein, together with such other engineering records and data as may be required by the District. 16. In the event Developer requests and the District provides water meters for the realty described herein,'pr:ior to District's acceptance of work, Developer agrees to be solely responsible for any loss or damage to such water ueters or their installation, which ,occurs prior to said acceptance of work by the District, 17. Work and construction performed under this Agreement. shall not be connected to the District's sewer or .rater system until all provisions and requirements of this Agreempnt and District Resolution, on the part of Developer, have been fully complied with. 18. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent of Federal Way Water and Sewer District. 19. Developer shall not assign this contract without the written consent of the District. 20. The District shall provide sanitary sewer sez ice following District acceptance of the sanitary sewer mains and facilities for operation and maintenance. Sai6 sewer service i eeenk f Pritchett Attorneys at Lew e22 East Main Page 4 Auburn. Washing unN IM2 J r290r OM4397 . e54-5920 Campus Highlands ITI Agreement No. shall be provided to subject property, or any portion thereof, upon payment of the connection charges as set Corth and in accordance with District ReaolkitiOR No. 89-320 and the "Agreement For Construction and Financing of Sewer Facilities" executzd between the District and Developer's predecessor in interest to the property. Connection charges shall consist of the : a Capital :'f'/side Charge, a Side Sewer Permit Fee and any Other such charges levied in accordance with said District Resolution No. 89-320 ❑r amendments thereto or any other applicable District Resolution at titre of request €or service and iasuance of the sewer service permit. tx .xeCZ- L 21. The District shall provide water service fcliowxng the District's acceptance of the water distribution zservic- Shall }ystetn for operation and maintenance. Said watee provided to subject property, or any portion thereof, upon (ti payment of the connection charges as set forth and in accord- ance with District Resolution No, 89-320. Said cc,nrrectian V) charges shall consist of the Capital Facilities Charge (CFC), G meter rnstallztion Charge, Right -of -Way Construction Perm- Fee, where applicable, and any other charge to be lev.ed.in D accordance with said District Resolution No. 89-320 or amend- ment:; thereto or any other applicable District Fesolution at to time service is requested. 22. Partial waiver or waiver oy acquiescence by the District of ar..y provision or condition of this Agreement shall not be a waiver of any other provision or condition of tyls Agreement. 23, This Agreement shall constitute an easement and servitude upon the property described herein and shalt be binding upon the heirs, assigns and successors in interest to the Developer. This Agreement shall constitute an equitable lien against property described herein and in the ev?nt of nonperformance by ❑eveloper, as stated herein, the District may foreclose said lien in the manner authorized by Xaw. 24. This writing constitutes the full and only agreement between the parties, there being no promises, agreements or uncerstandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 25. Upon execution of this Agreement, the parties cgree in the event either of them is required to enfor!•F any cravi- sion or provisions of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by '_pis Agree- ment, to its actual attorney's fees and costs, including those incurred on appeal. WITNESS our hands and seals. Quadrant Corporation Federal Way iWater ng and ,Sewer Dist Washington By rr r--� �-• 5:ip ❑Im Acnrta pi recto r o> ng4e;erLrfJ Its �Sidr.A.t_— Date: Mav zi - 1M Dated: _(�� � Bcwk A Prtteh.n Agomgn at Lew 422 Ent M1111 Auburn. Washington 96W2 Page 0aa43�7 . &sk5p.0 i E i I i Campus Highlands 3II Agreement No. SaaiLsu - STATE OF WASHINGTON ss: County of King ) I certify that I know or have satisfactory evidence.that signed this instrument, on oath stated that —xe_- was authorized to execute the instrument and acknowledged it as the cf Quadrant Corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: / .J Notary Public , Title � I My appointment expires' is Bock i PrItche" Anomep al Law a22 Earl Main Auburn, Waebinplon WW2 1206) L734JW • 04.5920 Page 6 s Exhibit A CAMPUS HIGHLANDS DIVISION 3 LEGAL DESCRIPTION THOSE PORTIONS OF THE SOUTHEAST ONE-QUARTE'.2 OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 MST, W.M., IN KING COUNTY, WASHINGTON, AND THE PLAT OF LAnWOOD, ACCORDING TO THE PLAT THEwzOF RECORDED IN VOLUME 16 OF PLATS, PAGE. 35, IN KING COUNTY, WASHINGTON, AND AS VACATED BY HING COUNTY ORDINANCE W24EEP 7692, APPROVED TULY 18, 1:66, RECORDS OF SAID COUNTY, SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONIOrNCING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION N01'11'40"E 1363.60 FEET; THENCE S88'52'25"E 641.32 FEET TO THE TRUE POINT OF BEGINNING. -THENCE NO2'1212711W 278.99 FEET; THENCE N65'25'14"19' 152.94 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THIE-SOUTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTTBLLY, WESTERLY, AND SOUTHWESTERLY 36.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE ❑F 83'�:" 25" ;O THE TR BEGINNING OF A T&,vERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 420.00 FEET (A RADIAL LINE TROUGH SAID BEGINNING BEARS N59.12139"W)• THENCE SOUTHWESTERLY 26.85 FEET ALONG SAID CUR✓£ T,AROUGH A CENTRAL ANGLE OF 03'35140"; THENCE 534'23'01"W 54.00 FEET TO THE BEGINNING OF A CURIVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 352.00 FEET; THENCE SOUTHWESTERLY 40.43 FEET ALOGNG SAID CURVE THROUGH A CENTRAL ANGLE OF 0d'34'53" TO A RADIAL LINE OF SAID CURVE WHICH BEARS N62'11152"W; THENCE ON THE PROLONGATION OF SAID RADIAL 187.96 FEET; THENCE NOO'10'46"W 220.00 FEET TO THE SOUTHEAST COF`MR OF LOT 28 AND THE SOUTHERLY LINE OF CAMPUS HIGHLANDS DIVISION 1 ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 144 OF PLATS, PAGES 51-58, INCLUSIVE, RECORDS OF SAID COUNTY; THENCE CONTINUING ALONG SAID SOUTHERLY LINE N00.10'46"W 38.00 FEET; THENCE NS9'49'14"E 253.37 FEET TO CURVE CONCAVE TO THE WEST HAVING RADIAL LINE THROUGH SAID BEGINNING THENCE NORTHERLY 66.19 FEET ALONG ANGLE OF 08,02107"; THENCE NOO'10'46"W 19.02 FEET; THENCE N89'49114"E 146.00 FEET; THENCE SOO.10'46"E 117.93 FEET; THENCE S00'OS!58"E 27.00 FEET; THENCE S63'38'51"E 242.33 FEET; THENCE N66'58128"E 217.31 FEET; THENCE S48'30113"E 173.57 FEET; THENCE N90'00100"E 175.00 FEET; rHE BEGINNING OF A NON— a Ai;GENT A RADIUS OF 472.00 FEET; (A BEARS S82'08139"E); SAID CURVE THROUGH A CENTRAL THENCE N261031'03"E 104.21 FEET; ' i Page 1 of 2 - . j THENCE N58'28'24"E 120.00 FEET; THENCE N31'31'361rW 127.60 FEET; THENCE N58'28124"E 547.16 FEET TO THE SOUTHERLY MARGIN OF THE L"DS DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 8 ,0 :170665 �iCORDS OF SAID COUNTY AND THE BEGINNING OF A NON —TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 518.00 FrET .(;% ru'DIAL LINE THROUGH SAID BEGINNING BEARS N55'4610511E); THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID SOUTHERLY MARGIN AND SAID CURVE 297.79 FEET THROUGH A CENTRAL ANGLE OF 27'26`31"; THENCE CONTINUING ALONG SAID SOUTHERLY !'I.ARGIN S06'37'35'E 386.46 FEET AND THE BEGINING OF A CURVE CONCAVE TO THE NORTHEAST' HAVING A RADIUS OF 442.00 FEET: THENCE SOUTHERLY AND SOUTHEASTERLY 197.60 FEET ALONG S;• CD CURVE THROUGH A CENTRAL ANG12 OF 25'36'51" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS N5:" :5'44"E); THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY 36.2E FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83'14'11": THENCE ALONG A NON -,TANGENT LINE S39'00'05"E 60.00 FEET TO THE BEGINNING OF P. :.CN—T.ANGENT CURVE CONCAVE TO THE SOV'--'.!EAZ5•T HAVING A RADrUS OF 25.00 FEET (A RADIAL LINE THROUGH $AII) GEGINNING BEARS N39-00'U5"Wj: THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY 36.32 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83.14'11" TO T[M SEGINNING OF A REVERSE CURV-4 CONCAVE TO THE NCRTHEiLST HAVING A RADIUS OF 442.00 FELT (.% RADIAL LINE THROUGH SAID BEGINNING BEARS 544'14106"W); THENCE SOUTHEASTERLY 136.31 FEET ALONG SAID CURVE T-RROUGH A CENTRAL ANGLE OF 17 ' 55' 44" TO TF.E SOUTH LINE OF '111F NCRTHEAST ONE--QUATITER. OF THE SOUTHEAST ONE —QUARTER OF SAID SECTION: THENCE LEAVING SAID SOUTHERLY MARGIN Ai4I7 ALONG SAID 300TIi LING N88' 52' 25"W 975.54 FEET TO T.'iE SOUTHWEST CORNER OF 'THL: NORTHEAST ONE —QUARTER OF THE SOUTHEAST ONE —QUARTER OF SAID SECT:C)N,' THENCE N01'10'19"E•.,50.00 FEET; THENCE N88'52'25"W 672.26 FEET TO THE TRUE POINT OF EEGINIIING. CONTAINS 23.23 ACRES, MORE OR LESS. SITUATE IN SING COUNTY, WASHINGTON. h• ){I.^r Y+ Page 2 of 2 FIDE, A Vi-A 501 Vvlfb- i)jv!sloj P. 0. Bu 4249 Fed-tril "WAY.- WA 92863 smartVIEW Online Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=e20a67c2-ba66-434b-9143-8ca88a8e3eaa [9/8/2016 2:33:20 PM] Campus Highlands III - Agreement No. 89#4:13 m r c co •yav-„ rn Supplemental Agreement _ " N MIS SUPPLMMNTAL AGREENENT made by and between FederaZ,Waym Water and Sewer District, 31627 - 1st Avenue South, Federal Way, Washington 98063, hereinafter "District", and Quadrant Corporation, P.O. Box 130, Bellevue, Washington 98009, hereinafter "Developer". WITNESS=: WHEREAS, The District and Developer entered into a Developer Extension Agreement, hereinafter "Agreement", dated Tu.E 2?.r19 �4 , Redo OWED uWD1P.Aderfars's Fiu Mo. $q-jCnosZ'1j RuoRO> of 1[l� el CoLw-Tr, WatwiMc11M3J Goto provide for Developer's construction of water and sewer facilities M for conveyance to and operation by the District, and QD NWHSRRM, the Developer has proceeded under the terms of the V4 Qj Agreement and desires to provide, pursuant to District Resolution No. Q0 89-320, Section D. AJ-4, in order that the District may issue its Health Letter, a set aside agreement guaranteeing construction of facilities in lieu of currrently installing the same, and WHEREAS, the Developer has provided to the District, or will provide, all documents and meet all requirements of said Resolution No. 89-320 regarding the acceptance of a set aside agreement; NOW, THEREFORE, BE IT AGREED as follows: 1. It is hereby acknowledged that Developer has requested that the District indicate to King County by its Health Letter that adequate provisions have been established to ensure construction of the water and sewer facilities and it is agreed that as a condition of the District's issuance of its Health Letter to King County, Developer shall deliver to the District an irrevocable written committment in form acceptable to the District and from a construc- tion lender acceptable to the District, expressly providing that the lender will hold for the irrevocable benefit of the District, pro- ceeds from an existing construction loan in an amount not less than $170,900.00 to guarantee full and final construction of the water and sewer facilities pursuant to the Agreement and plans approved by the District on U5 Zz 4 for water and on ZZ for sewer, and the D.O. on ;q8q Said plans have been prepared by Stepan and Associates Under their job no. 41720.01, and are specifically referenced as sheet no. 9 of 12 for water and sheet no. 10 thru 12 of 12 for sewer. The set aside committment shall provide that any and all funds shall be transferred to the District, without protest, upon notificat:.on that a default in the terms of the agreement has occurred and that the District shall Doak A PAO" Aaomepallaw 472Fad M@ln �a ,k, wau,,.w.wrak,noeax H3�� 89� 12�18 #0338 R RECD F 7.00 RECFEE 2.00 CASHSL **W*9.00 55 have no obligation to repay any funds. The District's right to demand payment on the Agreement in the sum of $170,900.00 in the event of default by Developer, shall be reduced in the same propor- tion that the construction of water and sewer facilities performed pursuant to the Agreement and this Supplemental Agreement has been completed. For purposes of an example, if 10% of sewer and water construction has been completed by Developer before default, District shall make demand under the Set -aside Agreement or letter of credit for no more than $153,810.00. The loan Set -aside Agreement or letter of credit shall not expire sooner than ninety (90) days following the date set for completion of construction in the Agreement. Addition- ally, the set aside committment shall remain effective for not less than ninety (90) days after the date set for completion of construc- tion pursuant to the Agreement. 2. The parties acknowledge that a portion of the facilities ! to be constructed pursuant to the Agreement, which are more particu- larly referenced as approximately one thousand three hundred ninety five (1,395) feet of 12" water main and appurtenances running within + 4 easement along common property line of lots 9 and 10; thence west I I# along north side of Southwest 347th Street; thence northwesterly along north side of Southwest 346th; and thence southwesterly along the east side of 6th Avenue Southwest ending at plat boundary, consist of an oversizing of facilities as same is described in L'3 District Resolution No. 86-070, subsection 2, the provisions of which M are incorporated herein by reference. The District agrees to pay to 0 Developer, upon acceptance of the facilities and on condition of Developer's compliance with the requirements established by the cl District for same, the cost of such oversizing; provided, however, ! V( that the amount payable by the District shall not exceed � 3. All other terms and conditions of the Agreement, except as herein amended, shall remain in full force and effect. j WITNESS our hands and seals. Quadrant Corporation Federal Way Water 8 Sewer District, King County, Washington B By x).G- Director of Engineering its Dated: - D Date: STATE OF WASHINGTON ) 4si County of Ring ' ) I certify that I know or have satisfactory evidence that JJXhL40 g41.r signed this instrument, on oath stated that '�.f. was authorized to execute the instrument and acknowledged it as the 6", of Quadrant Corporation to be the free Page 2 es,at a P111d" Allome" at law 422 EAM Mrin Auburn, WSW ngton MM (2m) BX1 4M . OMM) and voluntary act of such party for the uses and purposes mentioned in the instrument. DATBDt / • Cz ktary Public Title My appointment expires r� CO CO t7 v GO v� m i Page 3 smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument_GUID=fl325648-ba2f-481b-9512-0980de2dllec [9/8/2016 2:33:29 PM] POW OW 71-7 V . " NOTICE OF ADAITIONAL TAP OR CONNECTION CHAR S j 3 PURSUANT TO R.C.►�. 65.08.170 ►D STATE OF WAMINGTOIZ). } ss. County of King ) The 'undarsigiied, being first duly sworrn on oath, deposes . a0 says: agex"-of .rater and acting That he is the duly apposed County. washir,,gton. and is-Sutharired Kingc Distkitt No_ _124, file thin notice= to ibit That the lands d=scribed on tte attached Eshes before. or connection ctiaxg by _- subject to additional: tap are subj The P=eceise stm payable D� st'x water can be ,utni oo section for Water any Parcel therein'wnl he furnished byFiashington, upon xeguese. afty I Federal WaY, _ 1st A.Vmue South,. s. = x an3'Iat t ' ager Water DisrricwaNington - ~_ King County, _ Subscribed -and sworn to before me this �y day of - _ _, v� i� ' n� or t otary xc of Hashingten, residing at {{ 4: ppJ�.�+Y� RGli�`s' � �LL I.1 •�i� 1 `s r_ Rt•P: - Thence �7esterly along said North lira :r..d its Westerly = i ezteng en to itterly rsection with the centerline of 12th Avenue s Southwest; Thet;ce Northerly along - said centerline to its intersection with the centerline of Marine View Drive;" r... : reed. 1 __• �.Zu`15.'.'..`�® ..'l _ x•a� iwz: cam. ` i'cMr: 'iiw: % _ - ', CXitir,T7 M LEGAL DESCRIPTION- Soundary. _ King Co[inty [cater Aistrict No.: 124 April 1981 - Beginning at the Northeast corner of -the SE 1/4 of 'Section 6, - Township 2t North, Range 4 East, VA.; - .0 Q. Thence H.esterly:along-the. North- line: thereof to its Inter- 0 'section with the Hest"line of the East 1/2 of the East 1/2 of the- 1/4-.of the --said 5E 1/A`; . Thence Southerly- along said West line tar its intersection .1m -wit h the Korth line of the SW-1/4 of the said SE 1/4; Thence`hesterly_along said North line_to`its intersection with the -East line of the west 1/2 of iha West 1/2 of the said SW 1f4. of .the SE _1/4; Thence Southerly along said East line to its intersection with the North line,'of Maltby Terrace, -according to plat thereof recorded in volume 91 of ple'.s, page 52; records of King County, Washington; Thence South 81'01'25" West_ along said North 1=ne:?59.23 -feet; Thence North 88'50'37" west 30 feet to an intersection with the centerline of 8th Avenue Southwest; ; - Thence Southerly along said centerline to its intersection f with the centerline of -obert Maltby Road; Thence Westerly along said centerline of Robert Maltby , Road to its intersection with the Southerly extension of the East line of Lots 6 through 11, Block 6, of Marine View Estates, according to plat thereof recorded in volume 44 of plats, pages 59 and760, records of Ring County, Y.ashington; Thence Northerly along said East line and -its Southerly extension to its intersection with the Southerly margin of Southwest 300th:street; Thence Westerly along said Southerly margin to its inter- section with -the Westerly margin of 10th Avenue Southwest; Thence 'Northerly along said Westerly marg}n to its inter- �. section with the centerline of said Southwest 300th Street; K Thence Westerly along said centerline to its intersection ° with the Southerly extension of the East line of the West 145 feet of Lots 8'through 13, Block 2, of De Marwood Addition to King County, according to F.at thereof recorded in volume 52 of the plats, pages 4 and 5,-records of King County, Washington; Thence Northerly along said East line and its $butherly extension to its intersection with the tNorth-line of said Lot 8; Thence Westerly along said North line and its Westerly extension to its intersection with the centerline of 12th Avenue Southwest; Thence Northerly along said centerline to its intersection with the centerline of Marine View Drove;. me Thence Nortbea terly_ along said centerlirtg of Marine View _ Drive'to its intersection- with the- South. line of the -North 340 feet of the NE 1/4 of. the SW 1J4 oi�§aid Section 5: Thence -Westerly along said "outh line and the South line of ` the North 340 feet, of Government Lot S;. said section 6 to its intersection with the West line thereof, which is also the Fast line of Section 1, Township 21 North, Range 3-East, W.M.; Thence Southerly along. said tast line to its intersection -with the North line of the South 1/2 of .the SE 1/4 of said Section 1: �7 Thence westerly along -said North line to its intersection with the East line of Government -Lot 2, said section 1;. Thence Northerly'along said Bast -line to its -intersection 'V with the Morth'line of said Government Lot 2; 'Thence Westerly Uoag said North -lire to its intersection with the West line of the East 275 feet of said Government Lot 2; Thence'Southerly .along said.."tlest line to its intersection with the ,North line of the South 530Ieet of said Government Lot 2; "hence W6:`ierly along said North line to its intersection with the East line of the West 677.12 feet of said Government Lot 2; Thence"Northerly along said East line to its -intersection with the North line df said Government Lot 2; Thence Westerly along said North line to its intersection with the West -line of the Southeast 1/4 of'said Section 1; Thence Southerly along said West line to its intersection with the North line of Section 12, Township 21 North, Range 3 East, W.H. Thence Westerly along said North line and the North line of Lot 2, Block 7, of Lakota,.according to plat thereof recorded in volume 21 of.plats, page 33, records of King County, Washington, to its intersection with the Easterly margin of Virginia Avenue; Thence southerly along said Easterly margin to its inter- section with the Easterly Extension of the North line of Lot 8, Block 6, said Lakota; Thence Westerly along said North line and its Easterly extension to its intersection with the West line of said Block 6; Thence Southerly -along said West lire to its intersec*ion with the North line of the South 1/2 of the NW 1/4 of said Section 12; Thence Westerly along said North line to its intersection with the West line of said Section 12; Thence Southerly along said West line and the uiest line of Sections 13 and 24, all in Township 21 North, Range 3 East. W.K., to its intersection with a line which is 825 feet South of and parallel with the North line of said Section 24; Thence Easterly along said parallel line to its intersection with a line which is 150 feet Last of and parallel with the East line of the West 1/2 of the West 1/2 of said .ection 24; -2- "'s u •w-rwc•� _-�.= =o;.=. .•r�r"ra^..—err..— _ _ ._.. _ ... �3 'yl --Thence-.5outherly along said -parallel line to its inter- section with, tF,o-Southweate-rn boundary line of King County; Thence Southeasterly along ,said bo�•_:dary line to its inter- seccion vith•the East .line -of Sactio6:25, Township 21 North,' Range-3 East, W.M., winch is.also the West line of Section 30; Township 21 North, -Range 4-East. W.N.; . thence .c6atir►aing-Southeasterly .along said boundary line - through SecLians 30 and 31,-to its intersection with the -West fine.of Section 32; Thence Southerly.along said.West line to its intersection LD with the South line.of said Section 32; j Thence Zasterly along -said South line, and the South line of Sections•311 34 and 35 to a point. -which is 600 feet -Easterly cp of the 'Southwest -corner' of -.the SE 1/4 of the W 1/4 of said section 35 al in Township 21 North, Range 4 East, W-M-: Thence Northe rly to a point on the South. Hne of the North 1/2:of the said SE 1/4 of the SW 1/4 which is 450 feet Easterly -of the Southwest corner'thereof; Thence No therly.to'a point on -,the South line'of the North 1/2 of the said SW 1/4 which is 350 feet Ea-terly of the West•line.of the East 1/2 of_.the said SW 1/4; Thence Easterly along sa.3 South line to a point,which .is 30 feet Southerly of, and at right angles to, a point on the South line of Lot 6, Block 17, of C.D. Hillman's Pacific City Addition to City of Seattle, Division No. 1, according to plat thereof recorded in volume 13'of plats, page 64, records of Ring County, Washington, which is 275 feet Easterly of the Southwest corner thereof; Thence Northerly to a point on the North line of said Lot 6 which is 240 feet Easterly of the Northwest corner thereof; Thence Westerly 240 feet along -said North line to its intersection with the East line of Lot 5, said Block 17; Thence`Northerly along said East line to the Southeast corner of Lot 10, said Block 17; Thence Westerly along the South line of said Lot 10 to the southeast corner of Lot 11, said Block 17; Thence'NIrtherly along -the East line of said Lot 11 to its intersection with a line which is 150 feet Southerly of and parallel with -the North line of said Lot 11; Thence Westerly along said parallel line to is intersection with the West line of said Lot 11; Thence Northerly along said West line and its Northerly extension to its intersection with the South line of Lot 3, Block 18, of said C.D. Hillman's Pacific.City Addition to City of Seattle, Division No. 1; Thence Easterly •along said South line to the Southwest corner of Lot 4, said Block 18; Thence'Northerly along the West line of said Lot 4 to its intersection with a line .which is 150 feet Northerly of and parallel with the South line of said Lot 4; Thence•Easterly along;said parallel.line to 'its intersection with the West line of Lot 5,- said Block 18'; -3- 7.. f Thence Northea9terly tc a Point On the East line of said Lot 100 feet. Sdutherly of the North4a- st porifter thereof; hen'ce Northerly laong said East line 100, feet to -the. Southwest Corner of Lot a,,said Block le; Tilance Easterly along the 'South lihe of said d Lot 8 to its intersection _ with . a I i ne wh ich is' -120 feet Ea' paraLlIel'with the. West.l�ineof-s6id Lot 8; sterly of and . r %0 Thence Northerly along :said parallel line -to its intersection With t-.e South line of'the gb�rth 1/2,, Section 35, wh,ich f the'IM t/4 of said is'aisq the North line of the Town of4acific and the South line, of JOvita Heights, according to P-lat'the'reof 0 recorded in volume 30 Of Plats, pages 12A, 128, 16 and 12F, records of King County,. Washington; 12C, 1-117, 12E, Then'oe North- 89i46.109- W6st along which is ; said -SO;)th'line to a Point LO I t South 0'13151" West from a -'point On the South line 30, Block 143, said Joviki of Of the southwest corner thcireof Heights, which is 250.feet E45teily Thence North V-13151" East to the said -South line Of Lot 3.6;* Thence Northwesterly to a point on the Northwesterly line of said Lot 36,which is 250 feet Northeasterly of the Southwest corner thereof; Tbence Northeasterly to the Northeast corner of Lot 35, said Block 143; Thence Northwesterly along the Northeasterly line -of Lots 35 through 26, Sald Block 143 to the most Northerly corner of said Lot 26; Thence Northerly along the ESsterly line of Lots 13 through 4 said Block 143, to its intersection with the South 11fie of Lot 3, said Block 143; Thence &--stdrly: along said South line and its:Easterly extensionto its intersection with theacenterline of Okegon Drive-, Thence Northerly along said centerline tO its intersection with the SOUihwasterly extensior of the South line of Lot 10, Block 145,' said jovita Heights Thence Northeasterly along said South line and its sout*h- 'Westerly extension to -the Most Easterly corner of said Lot 10; Thence Westerly along the North line of said Lot 10 and its Westerly extension to its intersection with the centerline of Ohio Drive; Thence Northerly along said centerline to its intersection WiLb the Southeasterly extension Of the Northerly line of Lot 39, Block 146, said Jovita Heights; Thence -Northwesterly along said Northerly line- and its Southeasterly extension to the most Northerly comer Lot 39; rner of said Thence Southwesterly 35 feet more or less to an angle Point on the centerline of Oregon Drive; feet; The . nce North 60*,02'21" West along said centerline 75.97 -4- Asa Thence continuing along said centerline South 39'50k03* West 141-70 feet to its intersection- with the centerline Of Grandview sou.revard; Thence Northerly -and Northeastexiy along the centerline of said Grandview Boulevard to its intersection with the North- westerly extension of the Southwesterly line of Lot 36 said al6ck 146, Th' a �6vt h6�kster fang said Northwesterly e z tefirt :on e Ce - line OE- said Lot 36 and its Southeasterly extension and the Southwesterly its intersection with the centerline of Ohio Drive; to .-Z along said centerline to an Thericu morth 71'43129' Sast J angle point therein; - Thence continuing along said centerline South 72'52'21" East 123:2? feet; C-0 Thence continuing along said centerline -North 43'45'39 East 98.66 feet; Thence continuing along said centerline North 1 '.03' 11' West 100.98 feet; The . nce Northwesterly 45 feet more or less to the Most Westerly corner of Lot 40, said Block 146; The . nce Northeasterly along the Northwesterly line of said the most of NortLotherlY20, said cornBlocker therdo146f which is also the Lot 40 to , southeast Corner Thnce Northely along the East line of Lots 20 thrOdgh 6, saideelock 14.6,rto the Northeast corner of said Lot '6; Thence Westerly along the North line of said Lot 6 and its Westerly extension to its intersection with the centerline Of Grandview Boulevard) its intersection Thence Northerly along said centerline to nsion Of the south line of Lot 34, Block With the westerly exte 83, said jovita Heigbts; Thence Easterly along said Westerly extension and the south line of Lot 34 and its Easterly extension to its inter- section with the centerline of Rainier Avenue; Thence Northerly along said centerline to its intersection Then ' Lot 24, said with the Easterly extension of the North line OL Block 83: Easterly n and the North Thence Westerly along said E erly extension Lion line of Lot 24 and its Westerly extension to its intersec with the centerline of Grandview Boulevard: Thence Northerly alog said centerline to its intersection with the centerline of Pen:-.nsylvania PLvenue; I%ence Northerly along the centerline of pennsy 1 qani a Av6nud' to its intersection with the centerline of Grandview Boulevard; -5- Thence Northerly along the centerline of Grandview Boulevard to its intermQctinn Frith the :forth line of sdiei u'oVita Rei§bts, which- is also the North line of Section423r TovilshiP 21: North:. Range 4 East, W.M.: Thence Westerly along the -North line of said Section 23 to the Northwest corner thereof, which is also the Southeast corner of Section 15, Township 21'West, R'a.nge 4 East,.W-M.; Thence Nestierly along the south line of said Section 15 to its intersection with the centerline of Military Road; _ Thence Northwesterly along said centerline to its interser tion with the South line of the _North 1/2 of the SE 1/4 of said Section 15; Thence.Eastetly.along -said South line and the. -South line - O of the north 1/2.of•the SW 1/4 of Section 14; Township 2i North, Range 4 East, W.M.,'to the Southeast -corner thereof; Go Thence Northerly 2$4:69 feet along the East line of the said SW 1/4 to its intersection with the centerline of Mt. View Drive (south 331st Street); Thence easterly and Northerly along said centerline to its most Northerly '_ntersection with the Southerly extension of a line which is 210 feet Easterly of arv3 'parallel wi-th the. nest line, of 8i-Crest No. 2 Addition to. icing County,'aceording to plat thereof recorded in volume 64 of pla`ts,'page 58, records of King County, Washington; Thence Northerly along said parallel line to its intersection with the South line of said Hi-CrestNo. 2 Addition to Bing -County; Thencewesterly along said South line 210 feet to its intersection with the West line of said Hi -Crest No. 21Addition to King County; . Thence Northerly along said West line=and the West line, of Hi -Crest Addition to Ring County, according to plat thereof recorded in volume 59 of plats,, page 32,•records of Ring County Washington,'to its intersection with the South line of the NW 1/4 of the Ne 1/4 of said Section 14; -Thence Easterly along said South line 39-1 feet to its intersection with the East line of the said NW 1/4 of the NE 1/4 of Section 14; Thence'Northerly along said East line -and the East line of the SW 1/4 of the SE 1/4 of Section 11, Township 21 North, R--ange 4 East, W.K.., to its intersection with the North line of the South 1/2 of the south 1/2 of said Section A 1; Thence Westerly along said North line to its intersection with the East line=of the West 1/2 of the West 1/2 of said Section 11; Thence Northerly along said East line to its intersection vit.h the'South .line of the North 1/2 of the North 1/2 of said Section 11; Thence Easterly along said South line to its intersection with the East line of the West 1/2 of the East 1/2 of said Section 11; -6- - err y, Thence Northerly along said East line and the East line of the West i i2 of t!ie BE 1'4. ;c .. - of :-n 2, Township 21 3orEh, _ Range 4-East, W.N.-, to'its intersection. with•the-.South line of the NW 1/4 of the SE 1/4 of- the said .!�E 1/4 of Section 2; `- Thence Easterly along said S.outh line -to its-intereeetion _ -with the East line of tt:e said NW 1/4 of the SE 1/4 of the SE 1/? of. Section 2; — _ 9 Thence' Northerly. along° sa-id. East line to -its ini ir-section with the South line of the SE 1/4_ of : the NE 1/4 'of the said �.0 SE 1/4 of Section 2; - - - .- - Thence Easterly along said South line to its intersection w.th the East line of the West 130 feet of the said SE 1/4 - -0 of the Me-1/4 of -the SE 1/4 of said Section 2; _ -:, w; •-. .. Thence Northerly.alo" said.'.East line to- its -intersection co with the South fine of the North.1/2 of the said.SE 4/4 of the WE 1/4 Of the SE 1/4 of said Section 21. Thence Easterly along said South line to its intersection with the East line of said Section, 2; Thence Northerly along said East line to its intersection with the_North line of the South 835.56-feet of the'NE-1/4- of said Section 2; Thence Westerly along said Ncrth line to its intersection with a line which is 166.66 feet Easterly of (as measured along the North line of said Section 2) and parallel with the East line of the. West-1/2 of -the said WE 1/4 of Section 2; Thence'Northerly.along said parallel line to its intersection with a line which is 836.22 feet -Southerly of (as measured along the said East line of the West 1/2 of the NE 1/4 of Section 2)-and parallel with the South line of the tiorth 351.12 feet of the said NE 1/4 of Section 2 (as measured along the West line thereof); ; Thence Easterly along said parallel line'33:34 feet; Thence Northerly.836.22 feet parallel with the said East line of the West 1/2 of the NE 1/4. of Sectioa 2; Thence Westerly parallel with the North line of the said WE 1/4 bf Section-2 to a point'on the East line of the NW 1/4 of said Section 2,which is 351.12-feet Southerly of the Northeast corner thereof; Thence Southerly along said East line to its intersection with the South line of the North 450.96 feet of the said NW 1/4 (as measured along the West line of the East 1/2 of the said NW 1/4); Thence Westerly along the said South line of the North 450.96 feet to its intersection with the following described line. beginning at the intersection of the North line of the South 300 feet of the SW 1/4'of Section 35■ Township 22 North, Range 4 East, W:K., (as measured along the West line thereof) with the hest line of the BE 1/4 of the said SW 1/4; thence Easterly along said North - line 170 feet; thence Southerly 300 feet parallel with the West line of said Sw 1/4 to an intersection with the North line of the NW 1/4 of said Section 2, thence Southerly 300 'eet parallel with the West line of the East 1/2 of the said NW 1/4, thence Easterly 90 feet parallel with the North line of the said NW 1/4, thence Southerly 150.96 feet parallel with the West tine of the -east 1/2 of the said NW 1/4 to the said intersection with the South line of the North 450.96 feet; -7- --• •-..-- ._*=a�trrri uaigWl�IWkeipsa0. i - �a - �•:.;. -i.+Y.piTz"+e.-"__.Y�C.9"`'_ __ :='FRS'. {'�.' .E".'ra _ __, ;P.' - -- - ,--jam :":FF .."•...'iY'-r_tr,1c - ..T.R_'.'r�;:�'i: •-�iiiw !y — Y Thence Northerly 150.96 feet -parallel with the West line of the East 1/2. of the said -NW 1/4: Thence Westerly 90 feet parallel with the North line of the said NW 1/4; - - - Thence Northerly 300-feet parallel with the -"West line of the Eas.t•1/2 of the said NW 1/4 to an intersection with the South line of the SW 1/4 of said Section 35: µ'4 Thence Northerly 300 feet parallel with the West lirie.of 7, the said Sw 1/4: Thence Westerly 170 feet parallel with the South line of_". .O the said SW 1/4 to an intersection with the East line -of -the SW 1/4 of the said SW 1/4 of Section 35; Thence continuing Westerly parallel 3rith the South line .; of -the said SW 1/4 of Section 35 to an intersection with -the " East fine of the West 750 feet of the SE 1/4 of the SW 1/4 of the said SW 1," of Section 35; -_ Thence Northerly along said East line to.its intersection with the North line of the said SEA/4 of"the SW 1/4 of the SW _ 1/4 of Section 35; _:�,�:=-„_.• .•. ._.... .. Thence Westerly along said North line to its intersection - _- o �U .aw" If 1: s w 1 S.c 114 with LLe C aSL Line a. ...e _ .... ., . t..e S., /4 of t e �? " of Section 35; Thence Northerly along said East line'to its.intersection with the North line of the South 1/2 of the said NW 1/4 of the SW 1/4 of the SW 1/4 of Section 35; Thence Westerly along said North line to its intersection with"the East line of the SE 1/4 of Section 34, Township 22 North, Range 4 East, W.M.; Thence Northerly along said East line to its intersection with the North line of the said SE 1/4; Thence Westerly along said North line to its intersection ;. with the West line of the East 1/2 of the NW 1/4 of the said SE 1/4; Thence Southerly along said West line to its intersection -. with the North line of the -South 1/2 of the NW 1/4 of the said SE 1/4; Thence Westerly -along said North line to its intersection with the West line of the said SE 1/4=of Section 34, Thence Southerly along said West line to its intersection with the North line of the South 1/2 of the South 1/2 of said - Section 34; Thence Westerly along said North line and the North line of the South 1/2 of the So:ith-1/2 of Section -'3, Township 22 North: Range 4 East, W.M., to its intersection with the Westerly margin of Primary State Highway No. i 'SR `); Thence Northerly along said We=.:erly mn ain to : :*inter- section.with the North line of the :E 1/4 ;f said Section'33; Thence Westerly along said No;:th lirc .:.a Southeast corner of the NW 1/4 of said Section " -8- - 'k'.= Ana - Mlldl-- N.Ytl4ltl lEL E._ _J O CO Thence Northwesterly tn the Southeast corner of the West 1/2 of the.NE 1/4 of the said NW 1/4; Thence westerly.along the South line of the said' West . 1/2 to its intersection with the East line of the nest 1/2 of the said West 1/2 of the NE 1/4 of .the NW 1/41. Thence Northerly along said East line to its intersection with the North line of the South 1/2 of the said NE -1/4 of .the NW- 1!4.- Ther_ce Westerly at16ng said North line to its intersection .with the West line of .the East -V/2 of the said NW 1/4, Thence Southerly along said West line to its intersection with the North line of the South 1.2 of the said'NW 1%4;' Thence Westerly -along .said North line to its intersection with the centerline of Primary State Highway No.'1 (U.S. Highway 99); Thence Southerly along said. centerline to its intersection with the North line of the SW 1/4 of said-Section-33; Thence Westerly along said North_line and.the`North line of the SE 1/4 of Section 32, Township 22 North, Range 4 East, W.M., to its intersection with the West line of the East 1/2-of:the East './z of the Said SE 1/4. . Thence Southerly along said West line to its intersection with the North line of the SE 1/4 of the said SE 1/4-of Section 32; Thence Westerly along said North line to its intersection with the Northerly extension of the -Westerly margin of 13th Avenue South (Asbury Avenue); ThencL-.Southerly along said Westerly margin a:..d its Northerly and Southerly extensions to its intersection with the South line of the said SE 1/4 of Section 32; Thence Westerly along said South line to its intersection with the centerline of Redondo Way South. Thence Northerly along said centerline to its intersection with the Easterly extension of the North line of-Lot:70, of Marine Hills East.' according to plat thereof`recorded in volume 87 of plats, pages 76 and 77, rectirds of'King County, Washington; Thence Westerly along said North line and its -Easterly extension, and continuing West:-rly and Southerly al-ong.the Northerly and Westerly line of said Marine Hills East to the most Northerly corner of Lot 76, said Marine Hills East, which is also the most Easterly corner of Lot 6, of Marine Hills No. 17, according to plat thereof recorded in volume 98 of plats, pages 50, 51 and 52, records of King County, Washington; Thence Northwesterly and Southwesterly along the North- easterly'and Northwesterly line.of said Marine Hills No. 17 to the Northeast coriner,-of Marine Hills West, according to plat thereof recorded in volume 98 of plats, pages 53, 54 and 55, records of King County, Washington; Thence Westerly, Southerly and Easterly along the Northerly, Westerly -and Southerly line of said Marine Hills West to its intersection with the West line of the East 1/2 of the NW 1/4 of Section 5, Township 21 North, Range 4 East. W.M:; -9- Thence Southerly alone said West -line to its intersection with the North -line of the South 1/2_ of the- siid NW 1/4. 4 Thence westerly alanq. said _North lineto-its intersection- _ with the Eazt-line of section 6, Township_ 21 Na '--h, Range 4 East, W.M.; Thence southerly along said East line.'to the -Northeast corner of the SE 1/4 of said Section 6 and the Point of Reginhiuq: smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=e99f8489-0825-4cf7-873d-88a50f4l7d82 [9/8/2016 2:33:50 PM] I W 0 lu N L Re: King County Superior Court Cause 90-2-05209-5 FILED �t Rec4t el �s � _ NAME r c� 0 Co ADDRESS {� r Dr r"i 00 THIS AGREEMENT is entered into by and between Quadrant Corporation, a Washington corporation (the "Owner"), and the City of Federal Way, Washington, a non -charter optional municipal code city incorporated under the laws of the state of Washington (the "City"). WHEREAS, the City has authority to enact laws and enter into _Kt agreements to promote the public health, safety and welfare of M CD its citizens, including laws and agreements which control the use O co and development of the property within its jurisdiction, and O WHEREAS, the Owner has an interest in certain property rn within the jurisdiction of the City described in Exhibit A, a copy of which is attached hereto and hereby incorporated in full by this reference, and WHEREAS, the City and the Owner have agreed that the City shall initiate a rezone for a change of classification of the property to BC (Community Business) subject to the specific limitations set forth in this Agreement, and WHEREAS, the Owner recognizes and acknowledges the need for conformance with the Comprehensive Plan and other applicable plans `and regulations of the City relating to the use and 1: -9eve1-opment of the property, and WHEREAS, the Owner has indicated its willingness to cooperate with the City and its Department of Community Development to ensure compliance with all City ordinances and all other local, state and federal laws related to the use and i• i, 2s X development of the property, JDW00924A/0072.050.003 -1- f , C ' co 1• e U NOW, THEREron, in the event the property is classified by the City in accordance with the zoning classification contained in the Federal Way Zoning Code of BC (Community Business) with limitations as set forth in this Agreement and in consideration if such classification should be placed upon the property, the Owner does hereby covenant and agree as follows: 1. The Owner on behalf of itself, its successors in interest and assigns, hereby covenants to comply with all of the Cn Oterms and conditions of this Agreement in the event the City � grants a rezoning classification to the property of BC (Community rn O Business) with limitations as set forth in this Agreement. If CM such a classification is not granted by the City, then this Agreement shall be of no force and effect. 2. The Owner hereby agrees to be bound and to comply with the following conditions: A. All development of the property, except with respect to the use and area of use provisions as set forth in Section 2B below, and the rear facade modulation provisions set forth in Section 2C below, shall in all respects comply with the provisions and limitations of the Federal Way Zoning Code, Chapter 45, Community Business District Regulations, as the same now exists or may hereafter be amended, and specifically including all provisions and limitations relating to height, setback, lot coverage and other developmental regulations except to the extent as provided in section 2B and 2C below. B. Allowable uses on the property shall be limited to those set forth in Chapter 40, Neighborhood Business District JDW00924A/0072.050.003 -2- 9 X i! n F HQ Regulations, of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, including provisions regulating maximum square footage limitations on such uses, with the exceptions that (i) Owner shall be permitted to develop on the property one grocery store of a size not to exceed 45,000 square feet gross leasable area, and (ii) Owner shall be permitted to develop on the property one drug store of a size not to exceed 22,000 square LOO feet of gross leasable area, and O (.0 (iii) no vehicle service station use shall be M _Q permitted on the property. C. Facade modulation requirements for the rear facade of any proposed commercial development upon the property shall be governed by the facade modulation requirements of Chapter 55, Professional Office District Regulations, of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, as set forth on page 55-2, note 4 (Office Uses). D. Sections 105.40 and 105.50 of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, calls for parking areas to be located as far as possible from adjacent low density zoned property. Because of the topography of the property and the visibility of the property and those sites adjacent to it, the staff may consider site designs that show parking on the property to be located generally in the western portion of the property, oriented towards S. W. Campus Drive. 3DWOO924A/O072.050.003 -3- e E. Chapter 90 of the Federal Way Zoning Code, as the same now exists or may hereafter be amended, may require a 50 foot wide landscaped strip to be provided as a buffer on the property along the portion of its frontage on S. W. Campus Drive that is adjacent to low density zoned property. Section 90.25.9 of the Federal Way Zoning Code permits modification of such requirements in certain circumstances. The exist -In topography Of w.d ua ( m e i/� of the adjoining property may.Adecrease the need for buffering. In the event that the Owner of the adjoining property agrees to a cc O modification of the buffering requirement for this property, co CN staff may consider alteration to buffering requirements for the O 07 property. F. Owner agrees to grant to the City a recreational easement, in form and content as shall be approved by the City Attorney, over a portion of the property (the "Easement). The Easement shall include an area of approximately two acres, the boundaries of which shall be determined mutually by Owner and the City, located generally in the northwest portion of the property in the area indicated on the map attached as Exhibit B. The Easement shall be developed and maintained by the City at the City's sole cost, subject to the conditions that (i) The City's development plan for the Easement shall be in accordance with the Master Plan for the Panther Lake Park and Recreation Area which plan is being developed by the City. (ii) While no parking spaces shall be required for the use of the Easement, the Owner shall make no fewer than 20 JDW00924A/0072.050.003 -4- V CY7 CD O co O AX S parking stalls available for joint use by users of the Easement and of owner's property. (iii) The Easement area shall be regarded as open space and/or buffer and/or pervious surface toward the satisfaction of such requirements for development of the property under the Federal way Zoning Code. Provided, however, to the extent the property is planned to be developed under the Master Plan for the Panther Lake Park and Recreation Area, only the area remaining as pervious surface may be counted for such purposes. Attached hereto, identified as Exhibit B is a drawing illustrative of improvements that may be placed upon the Easement. Both parties hereto recognize that this Exhibit is for illustrative purposes and that the improvements may be greater or less than depicted in the Exhibit depending upon what is established in the final Master Plan, adopted by the City, for the Panther Lake Park and Recreation Area. If the property undergoes site plan review prior to the park plan being completed, Exhibit B shall be used to calculate pervious surface area in the Easement. (iv) The City shall be responsible for maintenance of the Easement after construction of the improvements by the City and the City shall indemnify, defend and hold the Owner harmless from any costs or claims for bodily injury or property damage arising out of or in connection with the use or enjoyment of the Easement by the City or any third party. This indemnification shall not require the City to indemnify the Owner from Owner's concurrent and/or sole negligence. JDW00924A/0072.050.003 -5- e 01 25 A 3 G. Upon satisfaction of the conditions set forth in Section 21 below, Owner shall pay to the City the sum ,of $20,000.00 to be used by the City for the purpose of completing the preparation of the Master Plan for the Panther Lake Park and Recreation Area which plan shall benefit Owner -*a property. In the event this sum is not paid prior to the completion and adoption of the Master Plan for the Panther Lake Park and Recreation Area then the $20,000.00 set forth in this paragraph shall be added to and applied to the purposes set forth in paragraph 2H below. C� H. Upon satisfaction or the waiver by Owner of the C.O CD Lo conditions set forth in Section 2J below, and in addition to the CV Osums required to be paid as set forth in paragraph 2G above, the 07 Owner shall pay to the City the sum of $50,000.00 to be used by the City for the cost of construction of recreational improvements which owner acknowledges will benefit their property and which may include the acquisition of capital assets for the purpose of maintaining said improvements. The priorities for expenditure of funds payable either under this paragraph or paragraph 2G above, shall be as follows: (i) The money shall be first expended to install the improvements in the Easement area in accordance with the Master Plan for the Panther Lake Park and Recreation Area. (ii) In the event funds remain over and above completion of the improvements in the recreation easement area, then any remaining funds shall be applied Ito construction of improvements in accordance with the Master Plan for the remainder JDW00924A/0072.050.003 -6- of the Panther Lake Park and Recreation Area outside of the Easement. I I. upon satisfaction of or waiver by the Owner of the conditions set forth in Section 2J below, Owner shall undertake i to construct, at owner's sole expense, a storm water detention } area on property identified and �depicyd on the map attached f/ hereto and identified as Exhibit �R'Said storm water detention and related drainage improvements must in all respects comply with the then existing requirements of the City of Federal Way for such facilities. Weather permitting, and all necessary Mpermits having been obtained, such work shall commence within 90 CD CDdays of the date of the satisfaction or waiver of the conditions Oset forth in Section 2J below. The owner shall, at its sole expense, obtain such permits as are required to perform the work, jf i including submitting such plans to the City for surface water and engineering review. Owner's obligation to conduct such work is i expressly conditioned on Owner's ability to obtain such approvals as are necessary or incident to the performance of the work. If such approvals have not been obtained within two years of the date of satisfaction or waiver_ by Owner of the conditions set forth in Section 2J below, exclusive of any appeal, administrative or judicial, of the City's approval of the necessary permits, then, in that event, Owner shall be excused from providing this additional storm water detention and related drainage improvement area except to the extent that it is necessary for any improvements to be constructed on Owner's property. Owner shall be responsible for ongoing maintenance of JDW00924A/0072.050.003 -7- n` C the drainage improvements. In the event Owner fails to properly maintain the drainage improvements, the City shall have the right, and is hereby granted a license for said purposes, to come upon the premises after notice and failure of Owner to respond, and perform the necessary maintenance. The City shall be entitled to recover all of its costs incurred in connection with performing the necessary maintenance including consultant and legal fees times a multiplier of two. In the event that Owner shall fail to remit the funds thus due to the City within 30 days of receipt of a statement for the same, the City shall have the CY7 right to place a lien upon the property and enforce the same as co CC= provided in state law for the foreclosure of a mortgage lien. O c� 7 J. The obligations of the Owner as set forth in �7 Sections 2G through 2I above are expressly conditioned on approval by the City of a site plan permitting development of the property. In the event of approval by the City of a site plan permitting development that is acceptable to the owner, the monies provided for in Sections 2G and H above shall be due and owing and the obligation of owner under paragraph 2I shall be deemed to exist immediately upon the expiration of all appeal periods relating in any way to the site plan approval or, in the event any such appeal is filed, satisfactory completion of litigation or other resolution of the appeal and entry of a final unappealable order upholding the site plan and development proposal. Acceptance of the site plan by the Owner will be deemed to have occurred unless within ten days of the date of approval of the site plan by the City, the Owner notifies the JDW0O924A/0072.050.003 -8- 1 City in writing that the site plan approved is not accepted by the owner. Notwithstanding the foregoing, in the event that the owner notifies the City of its nonacceptance of the site plan as approved, the obligations contained in paragraphs 2G, H and I shall continue in full force and effect and shall be conditions precedent to any development permit being issued to Owner or any subsequent developer of the property. In the event the owner shall reject the site plan as approved, Owner shall have the option to reapply for a new site plan in accordance with then applicable regulations of the City fir or Owner may submit an application for reclassification of the CO 0 property in accordance with then existing regulations of the City CD Mor owner may apply to amend this Agreement subject to the time limitations contained herein. K. Owner agrees that the property must be developed pursuant to a master site plan which shall fully and completely comply with all of the then existing regulations of the City and the conditions contained in this Agreement. The master plan must show the ultimate development of the entire site (not including the recreation easement), including all buildings, anticipated uses, parking and circulation areas, other major improvements, buffers and surface water drainage and retention plan. The foregoing list is illustrative only and not exclusive. 3. At any time following one year after the date hereof (or sooner if by mutual agreement of the parties), this Agreement may be amended by the City or the owner by filing an application JDW00924A/0072.050.003 -9- m c` I l �� An 0 l therefore, which shall be considered and heard in the same manner as a city -initiated quasi judicial rezone of the property. Such action shall not release the owner or the city from any obligations assumed under this Agreement, unless and until such amendment has been approved by the City. 4. This Agreement is specifically enforceable by the parties in equity, and either party may instituted and prosecute any proceedings at law or in equity to enforce the provisions of this Agreement. Each party further agrees to pay all of the other party's costs, including reasonable attorneys fees expended by the other party, if it prevails in any such enforcement d- C� proceedings. CO } D 5. Nothing in this Agreement shall be construed as LO � N Opreventing the City of Federal Way from enforcing its police { Cn powers. 6. This Agreement shall be binding upon all of the owners of the real property herein described and their heirs, successors in interest and assigns, and this Agreement shall run with the land described herein. 7. At owner's expense, this Agreement shall be recorded with the King County Department of Records and Elections, and the terms and conditions hereof shall constitute a covenant running with the land. All building, occupancy and use permits hereafter applied for or issued shall be subject to the terms, conditions and limitations of this Agreement and the applicable ordinances and codes of Federal way. Nothing herein shall be construed as requiring or obligating the City to issue any building, occupancy or conditional use or other permit. i J JDW00924A/0072.050.003 -10- E `3�XOn V M CO O CD (V Cl-) O Alk C e. The Quadrant Corporation, a Washington corporation, and the Owner of the property which is the subject matter of this Concomitant Zoning Agreement hereby covenants and warrants that it has title to the property which is the subject matter of this Agreement and can and does hereby bind itself, the property and subsequent owners thereof to the terms, covenants and conditions contained in this Agreement. 9. The parties each acknowledge, represent and agree that they have read this Agreement and the Exhibits attached; that they fully understand the terms thereof; that they have been fully advised by their legal counsel, accountants and other advisors with respect thereto; and that they are executed by them upon the advice and recommendation of the independent legal counsel. e/- DATED this .2 �L_ day of July, 1990. OWNER: THE QUADRANT CORPORATION By: Walter P. Costello Senior Vice President CITY OF FEDERAL WAY By: sr nt McFall City Manager JDWO0924A/0072.050.003 -11- d u ATTEST/AUTHENTICATED: �f ity Clerk, Maure M. Swaney STATE OF WASHI TON ) }ss: COUNTY OF_� I certify that I know or have satisfactory evidence that Walter P. Costello signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Senior Vice President of THE QUADRANT CORPORATION to be the free and voluntary act of such party for the uses and purposes menti his instrument. D /� day of 3l' , 1990. CO�9LVC' R_ NOT UBLIdi- LO OF,�1'ASH��Ca My mmission expires:C*Q _O a� STATE OF WASHINGTON } }ss: COUNTY OF K1N G } I certify that I know or have satisfactory evidence that Brent McFall signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of THE CITY OF FEDERAL WAY to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this ay of , 1990. r � OTARY PUBLIC My commission expires: A , JDW00924A/0072.050.003 -12- Lol .•`tr 3�_ 07/24i1990 15100 FROM FOSTER PEPPERgSHEFELW44 TO 6237789 P.02iO3 THE LAND REFYR$ED TO IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF ICING AND IS DESCRIBED AS I FOLLOWS: THAT PORTION OF 113E EAST ONE-KALF OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., iN ZCiNG COUNTY, WASHINGTON, MORE E PARTTCUI.ARLY DESCRIBED AS FOLLOWS: CO' MENCl.4G AT '!''f=.E EAST ONE -QUARTER OF SAID SECTION 191 Tr'"r.ENCE NORTH 87'58105" HEST 116Q.05 FEET TO A POINT ON THE f '40RTHtRLY MARGIN OF THE LANDS DESCRIBED IN DEED RECORDED f UNDER RECORDING M MBER 8501170665, RECORDS OF SAID COUNTY, qi AVD T.YE TRUE POINT OF BEGINNING 1 THENCE SOUTH 81'45100" EAST 1052.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NOR^HWEST HAVING A RADIUS OF 30.00 j FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44.67 FEET !i ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85.18125" TO A 1: POINT OF CUSP WITH THE WESTERLY MARGIN OF FIRST WAY SOUTH (FIRST AVENUE SOUTH) AS DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 7306070524, RECORDS OF SAID COUNTY, SAID POINT OF CUSP BEING THE BEGINNING OF A NON -TANGENT CURVE CONCaIVE TO THE EAST HAVING A RADIUS OF 8SO.00 FEET (A RADIAL LINE CAD THROUGH SAID BEGINNING BEARS NORTH 77'03'25" WEST); CU THENCE SOUTHERLY 110.67 FEET ALONG SAID CURVE AND SAID Lo WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 07'27'35" TO A C\i RADIAL LINE OF SAID CURVE WHICH BEARS NORTH 84'11'00" WEST; O THENCE CONTINUING ALONG SAID WESTERLY MARGIN ALONG S A2D RADIAL LIVE SOUTH 84'31'00" EAST 8.00 FEET TO THE BEGINNING CT) OF A NON -TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 842.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 227.54 FEET ALONG SAID CURVE AND SAID WESTERLY nkRGIN THROUGH A CENTRAL ANGLE OF 15'29'00"; : THENCE CONTINUINNG SOUTH 10'00'00" EAST 115.00 FEET TO THE BEG76NNIZIG OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF ;! 958.00 FEET; THENCE SOUTHERLY 186.42 FEET ALONG SAID CURVE THROUGH A CENT.U. L ANGLE OF 11.08' 58" ; THENCE CONTINUING SOUTH 01'08158" WEST 528.03 FEET TO SAID NORTHERLY MARGIN AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET: 'i THENCE SOU:'HEPLY, SOUTHWESTERLY AND WESTERLY 39.26 FEET �i ALONG SAID CURL THROUGH A CENTRAL ANGLE OF 89'SB'37"; 1� ! 2 5 07/24/1990 15,01 FROM FOSTER PEFPER&SFEFELARN TO 6237769 P.03/03 THENCE CONTINUING ALONG SkrD NORTMgLY MARGIN NORTH 88'52'25" WEST 83.01 FEET TO THE BEGINNING OF A CURVE CONCAVE TO TH£ NORTHEAST HAVZWG A RADIUS OF 358.Oo FEET; T=NCF NESTERLY, NORTHWESTYrRLY AND NORTHERLY 513.92 FEET ALONG SAID -"URVE AND SAID NORTBP;F.LY MARGIN TIMOUGH A CENTRAL ANGLE OF 67'15100"; THENCE NORTH 6'37'25" WEST 386.46 FEET TO TAE SEGIMING OF A CURVE CONCAVE TO THE SOUTHWEST RANG A RADIUS OF 702.00 FEET; i'RW= NOR'iRERLY, NORT'F3i,'ESTLRLY AND WESTERLY 920.47 t'EV ALONG SAID CURVE AND SAID NORTHERLY MAP -GIN THROUGH A CENTRAL ANGLE OF 75'07'35" TO THE TTRUE POINT OF BEGINNING; BEING XNCSI N AS THAT PORTION OF LOTS 3. 4 AND 5, B=C:X 5, LAXEWOOD, ACCORDING TO THE PUT THEREOF RECORDED IN VOZSSME 16 OF PLATS, PAGE 35, RECORDS OF KING COUNT.', WASHINGTON, LYING NORTHEASTERLY OF THz NORTh-WZSTEnY MARGIN OF S.W. CAMPUS DRIVT;: AND THAT PORTION OF 8LAC7Z 6, 12, 18 A" 24 OF SAID PLAT OF LA17-WOOD AND STREETS BETWE22i SAID BLOCK VACATED BY KTtio rt COUNTY ORDINANCE NO. 3465, RECORDED UNDER RECORDING 00. M 7711070358 AUD AS VACATED BY KING COUNTY ORDINANCE NO. 7692, 0 AP°�OVED -ULY 18, 1996, LYING NORTHERLY, NORTHEASTERLY AND co EASTERLY of T'HE WZST MARGIN OF SCUT11WEST CAMPUS DRIVE, AND WESTERLY OFF THE WEST MARGIN 0== IST AVE-Niai S.W. CC\\J O SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Cn C. i smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument_GUID=3f8c8d64-lc5f-44cf-9d83-330875731bbb [9/8/2016 2:33:59 PM] Atter Recording Return To Larry E Prince, Esq Bradley 1 Wiskirchen, Esq Go Holland & Hart LLP 00 P O Box 2527 O Boise ID 83701-2527 O v Q This S ace Reserved for Recording Purposes FEDERAL WAY, W ASHINGTON O O DECLARATION OF EASEMENTS AND CONDITIONS O O THIS DECLARATION OF EASEMENTS AND CONDITIONS ("DEC") is made as of the 11" 04 day of April, 2000 by WINCO FOODS, INC ("WinCo") RECITALS This DEC is made with reference to the following facts and objectives A WinCo is the owner of a certain tract of land in the City of Federal Way, County of King, State of Washington more particularly described in Exhibit A attached hereto (the "Shopping Center") B The Shopping Center consists of four (4) contiguous parcels identified on the Site Plan attached hereto as Exhibit X (the "Site Ptan") C WinCo intends for the Shopping Center to be developed as an integrated retail shopping complex, and not as a planned development In order to effectuate the common use and operation of certain portions of the Shopping Center, WinCo hereby grants certain reciprocal easements into, over and across certain portions of the Shopping Center and imposes certain conditions and restrictions thereon NOW, THEREFORE, to consideration of the premises and the easements, conditions and restriction hereinafter set forth, WinCo hereby makes this DEC 1 DEFINITIONS 1 1 Adiacent Party "Adjacent Party" shall have the meaning set forth in 2 3(b) 1 2 Administration Fee "Administration Fee" shall have the meaning set forth in 4 2(b) 1 3 Approvina Part "Approving Party" shall mean the Party designated from time to time to make certain decisions and/or give certain approvals pursuant to the terms of this DEC There shall be one Approving Party which shall be the owner of the WinCo Tract The Approving Party shall, unless otherwise provided herein, have absolute and unreviewable discretion to make the decisions and/or give the approvals expressly designated in this DEC to be made and/or given by the Approving Party WinCo shall be the initial Approving Party 14 Budget "Budget" shall have the meaning set forth in 4 2(c) 1 5 Building Area '"Building Area" shall mean the limited areas of the Shopping Center within which buildings (which for the purpose of this DEC shall include any appurtenant canopies, supports, loading docks, truck ramps and other outward extensions) may be constructed, placed or 00 located, Building Areas are designated on the Site Plan by the allowable building area lines shown 00 thereon 16 Business Office "Business Office" shall have the meaning set forth 5 l(c)(i) O O 1 7 Center Signs "Center Signs" shall have the meaning set forth in 5 3(a)(1) O al 1 8 Common Arca "Common Area" shall mean all areas within the exterior boundaries of the Shopping Center, exclusive of buildings 1 9 Common Area Maintenance Costs "Common Area Maintenance Costs" shall have the meaning set forth in 4 2(b) 1 10 Communications EQuinment "Communications Equipment" shall have the meaning set forth in 3 3(e) Q? 1 11 Constant Dollars "Constant Dollars" means the present value of the dollars to which such phrase refers An adjustment shall occur on January 1 of the sixth calendar year following the date of this DEC, and thereafter at five (5) year intervals Constant Dollars shall be determined by multiplying the dollar amount to be adjusted by a fraction, the numerator of which is the Current Index Number and the denominator of which is the Base Index Number The 'Base Index Number" shall be the level of the Index for the month during which the DEC is dated, the "Current Index Number" shall be the level of the Index for the month of September of the year preceding the adjustment year, the "Index" shall be the Consumer Price Index, All Urban Consumers, for the greater Seattle, Washington, metropolitan area, published by the United States Department of Commerce (base year 1982-84=100), or any successor index thereto as hereinafter provided If publication of the Index is discontinued, or if the basis of calculating the Index is materially changed, then the Approving Party shall substitute for the Index comparable statistics as computed by an agency of the United States Government or, if none, by a substantial and responsible periodical or publication of recognized authority most closely approximating the result which would have been achieved by the Index 1 12 Constructing Party "Constructing Party" shall have the meaning set forth in 2 3(b) 1 13 DEC `DEC" shall have the meaning set forth in the introductory paragraph above 1 14 Deficiencies "Deficiencies" shall have the meaning set forth in 4 2(f) 1 15 Environmental Laws "Environmental Laws" means all present and future federal, state or local statute, ordinance, regulation, rule, guideline, decision or order governing the generation, storage, release, discharge, transportation, removal, remediation, reduction or disposal of hazardous or toxic materials such as, without limitation, the Resource Conservation and Recovery Act (RCRA, 42 U S C § 6901, et sea ), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA, 42 U S C § 9601, et sea ) as amended, the Toxic Substance Control Act (TSCA, 15 U S C § 2601, et sea ), the Emergency Planning and Community Right -to -Know Act of 1986 (EPCRTKA, 42 U S C § 11001, et se ) the Clean Water Act (33 U S C § 1251, et se ), the Clean Air Act (42 U S C § 7401, et se4 ), the Pollution Prevention Act of 1990 (42 U S C § 13101, et sea ), the Hazardous Materials Transportation Act (49 U S C § 1801, et seg ), or any similar laws of the State of Washington, County of King, or the City of Federal Way regulating environmental pollutants or underground storage tanks, and any and all amendments, supplements, modifications and replacements thereof DECLARATION OF EASEMENTS AND CONDITIONS - 2 1 16 Fast Food Restaurant "Fast Food Restaurant" shall have the meaning set forth in 5 1(c)(u) 1 17 Financial Retail Office "Financial Retail Office" shall have the meaning set forth in GO 51 cJ O 1 18 Floor Area "Floor Area" shall mean the actual number of square feet of space contained on each floor within a building, including any mezzanine or basement space, as measured 0 from the exterior faces of the exterior walls or store front and/or the center line of any common walls, provided, however, that the following areas shall not be included in such calculations office space within retail establishments used by the Occupant for administrative purposes of that location and which is not open or accessible to the general public, space attributable to any multi -deck, plattorm or structural levels used for the storage of merchandise which is located vertically above ground floor, truck ramps, loading and delivery areas and trash compactor facilities located outside the building C though attached to it Within thirty (30) days of a request, a Party shall certify to the requesting Party 'a the amount of Floor Area applicable to each building on its Tract It any Party causes an as -built survey to be prepared with respect to any portion of the Shopping Center, such Party shall furnish a copy of the (A survey to the other Parties for informational purposes only During any period of rebuilding, repairing, replacement or reconstruction of a building, the Floor Area of that building shall be deemed to be the same as existed immediately prior to that period Upon completion of such rebuilding, repairing, replacement or reconstruction, the Party upon whose Tract such building is located, shall cause a new determination of Floor Area for such building to be made in the manner described above, and such determination shall be sent to any Party requesting the same 1 19 Hazardous Materials "Hazardous Materials" means wastes, substances, mixtures, pollutants, contaminants or other materials which are defined or classified by any Environmental Law as hazardous, toxic or radioactive, including, whether or not so defined, petroleum and natural gas products, polychlorinated biphenyls, radioactive materials, urea formaldehyde foam insulation and asbestos -containing materials 1 20 Initial Work "Initial Work" shall have the meaning set forth in 3 4(a) 121 Occupant "Occupant" shall mean any Person from time to time entitled to the use and occupancy of any portion of a building in the Shopping Center under an ownership right or any lease, sublease, license, concession, or other similar agreement 122 Operator "Operator" means the Person designated from time to time by the Approving Party to maintain and operate the Common Area of the Shopping Center The Person designated as Operator shall serve in such capacity until it resigns or is removed by the Approving Party 123 Operator Maintenance Areas "Operator Maintenance Areas" shall have the meaning set forth in 4 2(b) 1 24 Outdoor Sales Arca "Outdoor Sales Area" shall mean the limited areas of the Shopping Center within which goods may be sold outside a building, the Outdoor Sales Area is designated on the Site Plan 1 25 Party "Party" shall mean each signatory hereto and, after compliance with the notice requirements set forth below, their respective successors and assigns who become owners of any portion of the Shopping Center Each Party shall be liable for the performance of all covenants, obligations and undertakings herein set forth with respect to the portion of the Shopping Center owned by it which DECLARATION OF EASEMENTS AND CONDITIONS - 3 accrue during the period of such ownership, and such liability shall continue with respect to any portion transferred until the notice of transfer set forth below is given, at which time the transferring Party's liability for unaccrued obligations shall terminate A Party transferring all or any portion of its interest in the Shopping Center shall give notice to all other Parties of such transfer and shall include therein at 00 least the following information 00 0 (a) the name and address of the new Party, (b) a copy of the legal description of the portion of the Shopping Center transferred, and O (c) if the transferee is the designated Approving Party dt It a Tract is owned by more than one Person, the Person or Persons holding at least fifty-one percent (51%) of the ownership interest in the Tract shall designate one of their number to represent all p owners of the Tract and such designated Person shall be deemed the Party for such Tract Until the 0 notice of transfer is given, the transferring Party shall (tor the purpose of this DEC only) be the 0 transferee's agent O 01 Nothing contained herein to the contrary shall affect the existence, priority, validity or enforceability of any lien permitted hereunder which is placed upon the transferred portion of the Shopping Center prior to receipt of the notice 126 Person "Person" shall mean any individual, partnership, firm, association, corporation, trust, or any other form of business or governmental entity 1 27 Pcrmittee "Permittee" shall mean all Occupants and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants, and conces- sionaires of Occupants insofar as their activities relate to the intended development, use and occupancy of the Shopping Center Among others, Persons engaging in the following activities on the Common Area will not be considered to be Permittees (a) Exhibiting any placard, sign, or notice, (b) Distributing any circular, handbill, placard, or booklet, (c) Soliciting memberships or contributions, (d) Parading, picketing, or demonstrating, and/or (e) Failing to follow regulations relating to the use of the Shopping Center 1 28 Plans "Plans" shall have the meaning set forth in 3 3(b) 129 Remaining Work "Remaining Work" shall have the meaning set forth in 3 4(a) 1 30 Restaurant "Restaurant" shall mean any operation or business which requires a governmental permit, license and/or authorization to prepare and/or serve food for either on or off site consumption 1 31 Separate Utility Lines "Separate Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service solely to either the WinCo Tract or another Tract For the purpose of this DEC, the portion of a Utility Line extending between a Common Utility Line and a building shall be considered a Separate Utility Line DECLARATION OF EASEMENTS AND CONDITIONS - 4 1 32 Shopping Center "Shopping Center" shall have the meaning set forth in Recital A above 00 1 33 Site Plan "Site Plan" shall have the meaning set forth in Recital B above 00 0 1 34 Subsurface Construction Elements "Subsurface Construction Elements" shall have the O meaning set forth in 2 3(b) O O 1 35 Tract "Tract" shall mean that portion of the Shopping Center owned by a Party 136 Utility Lines "Utility Lines" shall mean those facilities and systems for the transmission of utility services, including drainage and storage of surface water "Common Utility O Lines" shall mean those Utility Lines which are installed to provide the applicable service to the Tracts 1 37 WinCo "WinCo" means WinCo Foods, Inc , an Idaho corporation O a 1 38 WinCo Tract "WinCo Tract" means the tract on the Site Plan upon which the building identified as "WinCo Foods" is situated EASEMENTS 2 1 Ingress, Egress and Parking During the term of this DEC each Party hereby grants and conveys to each other Party for its use and for the use of its Permittees, in i ommon with others entitled to use the same, a non-exclusive easement for the passage and parking of vehicles over and across the parking and driveway areas of the grantor's Tract Common Area, as the same may from time to time be constructed and maintained for such use, and for the passage and accommodation of pedestrians over and across the parking, driveways and sidewalk areas of the grantor's Tract Common Area, as the same may from time to time be constructed and maintained for such use Such easement rights shall be subject to the following reservation, as well as other provisions contained in this DEC each Party reserves the right at any time and from time to time to exclude and restrain any Person who is not a Permittee trom using the Common Area on its Tract In addition to the foregoing, the Parties each hereby grant and convey to the other Parties (and their successors and assigns) for their use and for the use of their Permittees, in common with others entitled to use the same, a non-exclusive perpetual access easement over and across the following portions of the Shopping Center (i) the entrance into the Shopping Center from I" Avenue South, and continuing West along the North boundary line of the WinCo Tract, and continuing South along the West boundary of the Shopping Center until it intersects with the North entrance to the Shopping Center from Southwest Campus Drive, (ii) the North entrance into the Shopping Center from Southwest Campus Drive, and continuing East to the East boundary of the Shopping Center adjacent to Pad D, and continuing South along the East boundary of Pad D to the North boundary of Pad C, and continuing West along the North boundary of Pad C to the South entrance to the Shopping Center from Southwest Campus Drive, and (iii) the South entrance into the Shopping Center from Southwest Campus Drive at the Northwest corner of Pad C, and continuing North along the East boundary of Pad B to the intersection with the North entrance to the Shopping Center from Southwest Campus Drive, all as depicted with hatch marks on the Site Plan 22 Utilities (a) Each Party hereby grants and conveys to each other Party non-exclusive perpetual easements in, to, over, under, along and across those portions of the Common Area (exclusive of any DECLARATION OF EASEMENTS AND CONDITIONS - 5 portion located within a Building Area) located on the grantor's Tract necessary for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation, and removal of Utility Lines 00 serving the grantee's Tract, including but not limited to, sanitary sewers, storm drains, water (fire and DO domestic), gas, electrical, telephone and communication lines All Utility Lines shall be underground 0 except O O (i) ground mounted electrical transformers, O (ii) as may be necessary during periods of construction, reconstruction, repair, or d� temporary service, Glt d� (tit) as may be required by governmental agencies having jurisdiction, O Q (iv) as may be required by the provider of such service, and O a (v) fire hydrants ca Prior to exercising the right granted herein, the grantee shall first provide the grantor with a written statement describing the need for such easement, shall identify the proposed location of the Utility Line, and shall furnish a certificate of insurance showing that its contractor has obtained the minimum insurance coverage required by 5 4(b) hereof Except as otherwise agreed to by the grantor and the grantee, any Party installing Separate Utility Lines pursuant to the provisions of this subparagraph shall pay all costs and expenses with respect thereto and shall cause all work in connection therewith (including general clean-up and proper surface and/or subsurface restoration) to be completed as quickly as possible, in a manner so as to minimize interference with the use of the Common Area and in a manner so as to not unreasonably interface with the use, occupancy or enjoyment of the grantor's Tract If the Parties elect to install Common Utility Lines, all repair, maintenance, replacement and other work thereon shall, if not performed by the utility company or the Operator, be performed by the owner of the Tract upon which the Common Utility Lines are located and paid for as provided in 4 2 (b) The initial location of any Utility Line shall be subject to the prior written approval of the Party whose Common Area is to be burdened thereby, such approval not to be unreasonably withheld or delayed The easement area shall be the greater of the width reasonably necessary to satisfy the requirements of a private or public utility, or five feet (5') on each side of the centerline if the easement is granted to a Party Upon request, the grantee shall provide to the grantor a copy of an as -built survey showing the location of such Utility Line The grantor shall have the right at any time to relocate a Utility Line upon thirty (30) days' prior written notice, provided that such relocation (i) shall not interfere with or diminish the utility service to the grantee during the grantee's business hours and shall not unreasonably restrict any vehicular movement, (ii) shall not reduce or impair the usefulness or function of such Utility Line, (iii) shall be performed without cost or expense to grantee, (iv) shall be completed using materials and design standards which equal or exceed those originally used, and (v) shall have been approved by the provider of such service and the appropriate governmental or quasi -governmental agencies having jurisdiction thereover DECLARATION OF EASEMENTS AND CONDITIONS - 6 Documentation of the relocated easement area, including the furnishing to the grantee of an "as -built" survey, shall be provided at the grantor's expense and shall be accomplished as soon as 40 possible 00 O (c) Each Party hereby grants and conveys to each Party owning an adjacent Tract the O perpetual right and easement to discharge surface storm drainage and/or runoff from the grantee's Tract O over, upon and across the Common Area of the grantor's Tract, upon the following conditions and terms O (1) The Common Area grades and the surface water drainage/retention system for d� the Shopping Center shall be initially constructed in strict conformance with the details approved by the Approving Party, and 0 (ii) No Party shall alter or permit to be altered the surface of the Common Area or 0 the drainage/retention system constructed on its Tract if such alteration would materially O increase the flow of surface water onto an adjacent Tract either in the aggregate or by directing O the flow of surface water to a limited area or materially decrease the purity or quality of surface N water flowing onto an adjacent Tract The surface water collection, retention and distribution facilities shall be deemed a Common Utility Line 2 3 Construction, Maintenance and Reconstruction (a) In order to accommodate any building improvements which may madvertentLti be constructed beyond a Tract's boundary line, each Party grants to each Party owning an adjacent Tract an easement in, to, over, under, and across that portion of the grantor's Tract adjacent to such common boundary line for the maintenance and replacement of such building improvements to a maximum lateral distance of six inches (6") (b) In the event a constructing Party (the "Constructing Party") determines that it is necessary to place underground piers, footings and/or foundations ("Subsurface Construction Elements") across the boundary line of its Tract, the Constructing Party shall advise the Party owning the adjacent Tract (the "Adjacent Party") of its construction requirement and shall provide plans and specifications relating thereto, including proposed construction techniques for the Subsurface Construction Elements The Adjacent Party hereby grants and conveys to the Constructing Party for the benefit of its Tract an easement, not to exceed a maximum lateral distance of five feet (5'), in, to, under, and across that portion of the Adjacent Party's Tract not theretofore occupied by any then existing structure, for the installation, maintenance and replacement of such Subsurface Construction Elements, provided, however, that the Constructing Party shall have no right to use such easement it the Adjacent Party is able to provide the Constructing Party a reasonable alternative construction method for the placement of the Subsurface Construction Elements entirely on the Constructing Party's Tract The Adjacent Party reserves the right to require the Constructing Party to modify the design specifications for the Subsurface Construction Elements in order to permit the Adjacent Party the opportunity to utilize the same in connection with the construction of its building improvements to the and that each Party shall be able to place its building immediately adjacent to the common boundary line If a common Subsurface Construction Element is used by the Parties, each shall assume and pay its reasonable share of the cost and expense of the design and construction thereof In the event any building utilizing a common Subsurface Construction Element is destroyed and not replaced or is removed, the common Subsurface Construction Element shall remain in place for the benefit of the other building utilizing the same DECLARATION OF EASEMENTS AND CONDITIONS - 7 (c) The foregoing easement grants shall not diminish or waive any right of a Party to recover damages resulting from the constructing Party's failure to construct its building within its Tract M in the case of (a) above, or within the easement area limits in the case of (b) above Nothing herein op shall be deemed to create or establish a "common" or "party" wall to be shared by buildings constructed p along the common boundary line between the Tracts The easements in each instance shall O O (1) continue in effect for term of this DEC and thereafter for so long as the building O utilizing the easement area exists (including a reasonable period to permit reconstruction or replacement of such building if the same shall be destroyed, damaged, or demolished), and (11) include the reasonable right of access necessary to exercise and enjoy such grant upon terms and with the limitations described in 3 I(e) below O O 24 Restriction No Party other than the Approving Party shall grant any easement or O license for the purpose set forth in this Article for the benefit of any property not within the Shopping O Center or for the benefit of any Person in connection with any activity not related to the Shopping CQ Center, provided, however, that the foregoing shall not prohibit the granting or dedicating of easements by a Party on its Tract to governmental or quasi -governmental authorities or to public utilities CONSTRUMON 3 1 General Acquirements (a) Each Party agrees that all construction activities performed by it within the Shopping Center shall be performed in compliance with all applicable laws, rules, regulations, orders, and ordi- nances of the city, county, state, and federal government, or any department or agency thereof (b) Each Party further agrees that its construction activities shall not (1) cause any unreasonable increase in the cost of constructing improvements upon another Party's Tract, (11) unreasonably interfere with construction work being performed on any other part of the Shopping Center, (iii) unreasonably interfere with the use, occupancy or enjoyment of any part of the remainder of the Shopping Center by any other Party or its Permittees, or (Iv) cause any building located on another Tract to be in violation of any law, rule, regulation, order or ordinance authorized by any city, county, state, federal government, or any department or agency thereof (c) Each Party agrees to defend, indemnity and hold harmless each other Party from all claims, losses, liabilities, actions, proceedings and costs (including reasonable attorneys' fees and costs of suit), including liens, and any accident, injury or loss or damage whatsoever occurring to any Person or to the property of any Person arising out of or resulting from any construction activities performed or authorized by such indemnifying Party, provided however, that the foregoing shall not be applicable to events or circumstances caused by the negligence or willful act or omission of such indemnified Party, its licensees, concessionaires, agents, servants, employees, or anyone claiming by, through, or under any of them unless covered by the release set forth in 5 4(d) (d) In connection with any construction, reconstruction, repair or maintenance on its Tract, each Party reserves the right to create a temporary staging and/or storage area in the Common Area or in DECLARATION OF EASEMENTS AND CONDITIONS - 8 the Building Area on its Tract at a location which will not unreasonably interfere with access between such Tract and the other areas of the Shopping Center Prior to the commencement of any work which �10 requires the establishment of a staging and/or storage area on its Tract a Party shall give at least thirty QO (30) days' prior notice to the Approving Party, for its approval, of the proposed location, provided, O however, that if a business is operating on the WinCo Tract then no other Party's staging area shall be located within five hundred (500) feet of the front door of the building on the WinCo Tract, unless 0 located within a Building Area If the Approving Party does not approve the proposed location of the O staging and/or storage area, the Party shall modify the proposed location to satisfy the reasonable requirements of the Approving Party If substantial work is to be performed, the constructing Party shall, at the request of any Approving Party, tence off the staging and storage area All storage of C4 materials and the parking of construction vehicles, including vehicles of workers, shall occur only on the d� constructing Party's Tract, and all laborers, suppliers, contractors and others connected with such p construction activities shall use only the access points located upon the constructing Party's Tract p Upon completion of such work, the constructing Party shall restore the affected Common Area to a p condition equal to or better than that existing prior to commencement of such work 0 (e) Each Party hereby grants and conveys to each other Party and to its respective ce contractors, materialmen and laborers a temporary license for access and passage over and across the Common Area of the grantor's Tract as shall be reasonably necessary for the grantee to construct and/or maintain improvements upon the grantee's Tract, provided, however, that such license shall be in effect only during periods when actual construction and/or maintenance is being performed and provided further that the use of such license shall not unreasonably interfere with the use, operation and enjoy- ment of the Common Area by others Prior to exercising the rights granted herein, the grantee shall first provide the grantor with a written statement describing the need for such license, and shall furnish a certificate of insurance showing that its contractor has obtained the minimum insurance coverage required by 5 4(b) Any Party availing itself of the temporary license shall promptly pay all costs and expenses associated with such work, shall diligently complete such work as quickly as possible, and shall promptly clean the area, and restore and/or repair the affected portion of the Common Area to a condition which is equal to or better than the condition which existed prior to the commencement of such work Notwithstanding the foregoing, in the event a dispute exists between the contractors, laborers, suppliers and/or others connected with construction activities, each Party shall have the right to prohibit the contractors, laborers, suppliers and/or others working for another Party from using the Common Area on its Tract 3 2 Common Area The Parties have agreed that the Common Area of the Shopping Center shall be initially constructed as shown on the Site Plan or as finally approved by the City of Federal Way, provided, however, no fence or other barrier which would prevent or unreasonably obstruct the passage of pedestrian or vehicular travel within the Common Area shall be erected or permitted within or across the Common Area, exclusive of the limited curbing and other forms of traffic control depicted on the Site Plan, or permitted staging and/or storage areas The following minimum general design standards shall be complied with throughout the term of this Agreement (a) The lighting system shall be designed to produce a intninium maintained lighting intensity measured at grade at all points in the Common Area of 2 0 foot candle, provided, however, that the extreme edge of the parking or drive areas may have not less than a minimum maintained lighting intensity measured at grade of 2 0 foot candle, and provided further that the drive areas immediately in front of the entrance to any building shall have not less than a minimum maintained lighting intensity measured at grade of 4 0 foot candles Subject to the provisions of 5 2, each Party may elect to control the lighting system located on its Tract The type and design of the Common Area light standards shall be approved by the Approving Party (b) The slope in the parking area shall not exceed a maximum of three percent (3%) nor be less than a minimum of one percent (1%) DECLARATION OF EASEMENTS AND CONDITIONS - 9 (c) All sidewalks and pedestrian aisles shall be concrete or other approved materials The automobile parking areas, drives, and access roads shall be designed in conformity with the 00 recommendations of a registered soils engineer approved by the Approving Party which shall require the 00 installation of a suitable base and the surfacing with an asphaltic concrete or concrete wearing material O 0 (d) Utility Lines that are placed underground shall be at depths designated by consultants 0 approved by the Approving Party If surface water retention and/or detention areas are located outside of the general parking lots, such areas shall be fenced or otherwise secured to impede public access thereto d'l (e) The parking area on the WinCo Tract and on each separate Tract shall contain sufficient dt ground level parking spaces in order to comply with the following minimum requirements 0 O (1) the number of parking spaces and the configuration of the parking spaces for 0 each Tract shall be as shown on the Site Plan, unless modified by WinCo in its sole, absolute, C and unrevtewable discretion (ii) if a business use contains a drive -up unit (such as remote banking teller or food ordering/dispensing facility), then there shall also be created space for stacking not less than five (5) automobiles for each drive -up unit In the event of a condemnation of part of a Tract or sale or transfer in lieu thereof that reduces the number of usable parking spaces below that which is required herein, the Party whose Tract is so affected shall use its best efforts (including using proceeds from the condemnation award or settlement) to restore and/or substitute ground level parking spaces in order to Lomply with the parking requirements set forth in this DEC If such compliance is not possible, such Party shall not be deemed in default hereunder, but such Party shall not be permitted to expand the amount of Floor Area located upon its Tract unless authorized to do so in writing by WinCo in its sole, absolute, and unreviewable discretion If such Floor Area is thereafter reduced other than by casualty, then the Floor Area on such Tract may not subsequently be increased unless the parking requirement is satisfied or unless otherwise authorized to do so by WinCo in its sole, absolute, and unreviewable discretion (f) No Party shall make changes to the Common Area on its Tract without the approval of the Approving Party, except that each Party hereby reserves the right, from time to time without obtaining the consent or approval of any other Party, to make at its own expense any insignificant change, modification or alteration in its portion of the Common Area, including the installation of convenience facilities such as mailboxes, public telephones and benches, provided that (i) the accessibility of such Common Area for pedestrian and vehicular traffic (as it relates to the remainder of the Shopping Center) is not unreasonably restricted or hindered, and all parking stalls and rows and vehicular traffic lanes shall remain generally as shown on the Site Plan, (ii) there shall be maintained at all times within such Common Area, a sufficient number of vehicular parking spaces to meet the parking requirements set forth in 3 2(e), as well as all governmental rules, regulations, and/or ordinances relating to parking requirements, (iii) no governmental rule, ordinance o r DECLARATION OF EASEMENTS AND CONDITIONS - 10 (iv) no change shall be made in the access points between the Common Area and the QQ public streets, provided, however, that additional access points may be created with the approval 00 of the Approving Party, such approval not to be unreasonably withheld, and (v) at least thirty (30) days prior to making any such change, modification or alteration, the Party desiring to do such work shall deliver to each other Party copies of the plans therefor, and provided further that, except for the initial construction of the Common Area, such work shall not occur between October I" and the following January 31" d'I The provisions of this paragraph (f) do not apply to any changes, modifications or alterations of d1 Common Area located within Building Areas which result from or arise out of the construction, p expansion or maintenance of buildings O O Notwithstanding anything contained herein to the contrary, any change to the access points or O the major driveways from that which is shown on the Site Plan must be approved by each of the Parties CQ 3 3 Building Improvements (a) While it is acknowledged and agreed that no Party shall have an obligation to commence construction of any building on its Tract, the Parties hereby agree once construction has been commenced, such building shall be completed in a timely fashion Each building on a Tract shall be located only within the Building Area designated on the Site Plan for such Tract The Building Area for each building shall not exceed the number of square feet designated in 3 3(e) for that building (b) The exterior of all buildings to be constructed or placed within the Shopping Center shall be architecturally and aesthetically compatible In order to insure the exterior architectural and aesthetic compatibility of the buildings within the Shopping Center, each party shall submit to the Approving Party detailed plans ("Plans") in the manner required by Exhibit H attached hereto covering the initial construction of each building and any additions, remodeling, reconstruction or other alteration thereto which changes the exterior thereof for approval at least thirty (30) days prior to the com- mencement of any such work If the Approving Party should reject the Plans for not complying with the architectural theme, the submitting Party and the Approving Party shall mutually consult to establish approved Plans for the proposed work The Approving Party shall not arbitrarily or unreasonably withhold approval of the Plans, nor shall they withhold approval of exterior remodeling or exterior reconstruction which does not substantially change an existing structure In no event shall the Approving Party require any other Party to utilize design standards superior to those utilized by the Approving Party in the construction of buildings on its Tract Approval of Plans by the Approving Party shall not constitute assumption of responsibility for the accuracy, sufficiency, or propriety thereof, nor shall such approval constitute a representation or warranty that the Plans comply with applicable laws No material deviation shall be made from the approved Plans (c) Buildings may be placed along the common boundary lines between the WinCo Tract, Pad B, and/or Pad D, only upon the prior written consent of Winco, in its sole, absolute, and unreviewable discretion, and the owners of such Tracts agree to support any request by the other for a side -yard or setback variance it the same is required in order to accommodate such construction (d) The second Party to construct a building along a common boundary line shall do so in a manner that does not result in damage to the improvements in place on the adjoining Tract, and further shall undertake and assume at its sole cost the obligation of completing and maintaining the nominal attachment (flashing and seal) of its building to that of the existing building on the other Tract, it being the intent of the Parties to establish and maintain the appearance of one continuous building complex In performing such attachment, the wall of one building shall not receive support from nor apply pressure to the wall of the other building DECLARATION OF EASEMENTS AND CONDITIONS - 11 (e) No building or other structure (exclusive of any light poles, free standing signs referred to in 5 3 or flag poles referred to in 5 3(a)) shall exceed the following size and height restrictions 40 TRACT HEIGHT ALLOWABLE FLOOR AREA 00 On the WinCo Tract 40 feet 85,000 square feet On Pad B 25 feet 3,200 square feet © On Pad C 25 feet 4,100 square feet O On Pad D 30 feet 11,000 square feet C1N The height of any building shall be measured perpendicular from the finished floor elevation to bl the top of the roof structure, including any screening, parapet, penthouse, mechanical equipment or 0 similar appurtenance located on the roof of such building PROVIDED, HOWEVER, the height of each 0 building pad shall be subject to the prior written approval of the Approving Party Any Party shall have 0 the right to install, maintain, repair, replace and remove Communications Equipment on the top of the building on its Tract so long as it does not extend above the height limits established above, provided, ce however, such Communication Equipment shall be screened so that it is not visible by customers As used herein, the phrase "Communications Equipment" means such things as satellite and microwave dishes, antennas and laser heads, together with associated equipment and cable (f) No building or other structure on Pads B, C or D shall exceed one (1) story 34 Phased Devclo men! (a) WinCo anticipates that certain site improvement work (the "Initial Work") will be performed on all or certain portions of the WinCo Tract and Pads B through D All site improvement work for or on the balance of the Shopping Center not included in the Initial Work (the "Remaining Work") shall be performed in accordance with and subject to the terms and conditions applicable thereto set forth elsewhere in this DEC and in accordance with this 3 4 All of the Remaining Work applicable to any Tract shall be completed prior to the earlier of (i) initial occupancy of any building on such Tract in question, or (n) issuance of any certificate of occupancy for any such building Nothing in this DEC shall obligate any party to commence any Remaining Work, but once commenced, all of the Remaining Work for the Tract in question shall be prosecuted continuously and with all due diligence to completion The Remaining Work shall be performed (if at all) under separate contract(s) and shall be independent of the Initial Work, and WinCo shall not have any responsibility therefor (b) On or before substantial completion of the Initial Work and except for areas on which any party is then prosecuting any Remaining Work, any undeveloped Tract shall either be hard -surfaced or left in a natural, but attractive, condition, until building improvements are constructed thereon The owner of such Tract shall take such steps on a on -going basis as are reasonably necessary to prevent erosion or blowing dust In addition, the Party engaging in any Remaining Work shall leave the Initial Work, including all drive lanes and access points, open and accessible, and shall perform such construction in such manner as will not adversely affect the balance of the Shopping Center, or the businesses from time to time being conducted thereon, in any material way 4 -MAINTENANCE POND REPAIR 41 Utilit}t Lines (a) Each Party shall maintain and repair, or cause to be maintained and repaired, in a good state of repair and safe condition, all Separate Utility Lines utilized by it regardless of where located Any maintenance and repair of nondedicated utilities located on another Party's Tract shall be performed (1) after two (2) weeks' notice to the grantor (except in an emergency the work may be DECLARATION OF EASEMENTS AND CONDITIONS - 12 initiated with reasonable notice), (ii) after normal business hours whenever possible, and (in) in such a manner as to cause as little disturbance in the use of the grantor's Tract as is practicable under the 00 circumstances Any Party performing or causing to be performed maintenance or repair work agrees 00 (1) to promptly pay all costs and expenses associated therewith, (2) to diligently complete such work as O quickly as possible, and (3) to promptly clean the area and restore the affected portion of the Common Q Area to a condition equal to or better than the condition which existed prior to the commencement of O such work 0 (b) Common Utility Lines shall be maintained and replaced as part of the Common Area pursuant to 4 2 below 4 2 Common Area Maintenance C3 0 (a) Subject to the joint maintenance provision set forth in (b) below, each Party shall maintain, or cause to be maintained, the Common Area on its Tract in a sightly, safe condition and good state of repair Any unimproved Common Area shall be mowed and kept litter -free The minimum GV standard of maintenance for the improved Common Area shall be comparable to the standard of maintenance followed to other first class retail developments of comparable size in the Federal Way, Washington area, notwithstanding the foregoing, however, the Common Area shall be operated and maintained in compliance with all applicable governmental laws, rules, regulations, orders and ordinances, and the provisions of this DEC All Common Area improvements shall be repaired or replaced with materials at least equal to the quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony of the Shopping Center as a whole The maintenance and repair obligation shall include but not be limited to the following (1) Drive and Parking Areas Maintaining all paved surfaces and curbs in a smooth and evenly covered condition, including, without limitation, replacement of base, skin patch, resealing and resurfacing (for the purpose of this section, an overlay of the drives and parking areas shall be considered a maintenance item) The owner of each Tract shall attempt in good faith to coordinate any resurfacing or restrtping of the parking lot in the Common Area in order to maintain its appearance as an integrated parking area for the entire Shopping Center (11) Debris and Refuse Periodic removal of all papers, debris, filth, refuse, ice and snow (I" on surface), including vacuuming and broom sweeping to the extent necessary to keep the Common Area in a first-class, clean and orderly condition, provided, however, that Occupant trash and/or garbage removal shall not be a Common Area Maintenance Cost since such removal shall be the obligation of each owner of a Tract All sweeping shall be at appropriate intervals during such times as shall not interfere with the conduct of business or use of the Common Area by Permittees (III) Non -Occupant Signs and Markers Maintaining, cleaning and replacing any appropriate directional, stop or handicapped parking signs, restrtping parking lots and drive lanes as necessary to maintain parking space designation and traffic direction, and keeping clearly marked fire lanes, loading zones, no parking areas and pedestrian cross -walks (iv) Lighting Maintaining, cleaning and replacing Common Area lighting facilities, including light standards, wires, conduits, lamps, ballasts and lenses, time clocks and circuit breakers (v) Landscaping Maintaining and replacing of all on -site and off -site landscape plantings, trees and shrubs in an attractive and thriving condition, trimmed and weed free Maintaining and replacing landscape planters, including those adjacent to exterior walls of buildings and automatic sprinkler systems Modify irrigation systems to satisfy governmental DECLARATION OF EASEMENTS AND CONDITIONS - 13 water allocation or emergency requirements and perform pest control and extermination as needed ap (VI) Common Utility Lines Maintaining, cleaning, replacing, and repairing any and 00 all Common Utility Lines PROVIDED, HOWEVER, and notwithstanding the provisions of (e) 0 below, the cost of maintaining, cleaning, replacing and repairing Common Utility Lines, if not O performed by the utility company, shall be shared by the owners of the Shopping Center in the 0 ratio that the number of square feet in each Tract bears to the number of square feet in the O Shopping Center (vii) Obstructions Keeping the Common Area free from any obstructions including 1;12 those caused by the sale or display of merchandise, unless such obstruction is permitted under d� the provisions of this DEC O CD (vui) Sidewalks Maintaining, cleaning and replacing of all sidewalks, including O those adjacent and contiguous to buildings located within the Shopping Center Sidewalks shall O be cleaned regularly and swept at appropriate intervals during such time as shall not interfere to with the conduct of business or use of the Common Area Notwithstanding anything in this section to the contrary, each Party shall maintain and repair any exterior shipping/receiving dock area, any truck ramp or truck parking area, and any refuse, compactor or dumpster area located on its Tract (b) Unless the Approving Party elects to have an Operator maintain the Common Area, each Party shall maintain the Common Area in its Tract in accordance with the requirements of (a) above During such times as the Approving Party has designated in writing the identity of an Operator, the Operator shall operate and maintain (i) the Common Area in the Shopping Center located on the WinCo Tract and the land area of all Pads, (n) the landscaping located along the exterior boundaries of the Shopping Center not on said Tracts, (iii) any landscaping which the City of Federal Way may require the owners of the Shopping Center to maintain or the maintenance of which would, as determined by the Approving Party, benefit the Shopping Center, and (iv) Common Utility Lines which are not maintained by utility companies (including, but not limited to, surface water collection, retention and distribution facilities) (the "Operator Maintenance Areas") in accordance with the requirements of (a) above Within thirty (30) days following the commencement of such maintenance and operation, Operator shall provide the owner of the WinCo Tract an estimated budget for the balance of the current calendar year containing the information required by (c) below agrees to pay its share thereof The Operator may hire companies affiliated with it to perform the maintenance and operation of the Operator Maintenance Areas, but only if the rates charged by such companies are competitive with those of other companies furnishing similar services in the metropolitan area in or about the Shopping Center, it being agreed that this provision shall be construed strictly against Operator Each Party hereby grants to Operator, its agents and employees a license to enter upon its Tract to discharge the duties to operate, maintain and repair the Operator Maintenance Areas The Operator shall expend only such funds as are reasonably necessary for the operation, maintenance and insurance of the Operator Maintenance Areas and shall promptly pay such costs ("Common Area Maintenance Costs") when incurred For the purpose of this DEC, Common Area Maintenance Costs shall not include (1) any late charges or fees, (ii) any charge for lighting electricity to a Party that separately pays the electrical costs for lighting the Common Area on its Tract, (iii) any costs to clean up or repair the Common Area resulting from promotional activities or from construction, maintenance or replacement of buildings, DECLARATION OF EASEMENTS AND CONDITIONS - 14 (iv) real property taxes and assessments, 00 00 to Operator's profit, administrative and overhead costs (including but not limited O to office space, equipment and utilities, legal, accounting or administrative services, Operator's O personnel who are not permanently located at the Shopping Center), and O (vi) entertainment, transportation, meals and lodging of anyone O dt In lieu of Operator's profit, administrative and overhead costs, Operator shall be permitted to charge an amount ("Administration Fee') computed by multiplying the Common Area Maintenance Costs (exclusive of insurance premiums, fees paid to third Persons who perform all or a portion of the © Common Area operation and management on Operator's behalf, and utility charges) by ten C percent (10%) To the extent the Operator directly or indirectly contracts with a commercial property 4* management company to administer or oversee any portion of the maintenance of the Operator a Maintenance Areas, Operator shall not receive an Administration Fee on the portion so contracted If at any of Operator's personnel at the Shopping Center perform services, functions or tasks in addition to Common Area duties, then the cost of such personnel shall be equitably allocated according to time spent performing such duties (c) Operator shall, at least ninety (90) days prior to the beginning of each calendar year, submit to the Approving Party an estimated budget ("Budget") for the Common Area Maintenance Costs and the Administration Fee for operating and maintaining the Common Area of the Shopping Center located on the Operator Maintenance Areas for the ensuing calendar year The Budget shall be in a Corm reasonably acceptable to the Approving Party and shall identify separate cost estimates for at least the categories specified under 4 2(a), plus (i) rental or purchase of equipment and supplies, (ii) depreciation or trade-in allowance applicable to items purchased for Common Area purposes, and (iii) Administration Fee If an item of maintenance or replacement is to be accomplished in phases over a period of calendar years, such as resurfacing of the drive and/or parking areas, then the Budget shall separately identify the cost attributable to such year (including the area of the Common Area affected), and shall note the anticipated cost and timing (indicating the area of the Common Area affected) of such phased work during succeeding calendar years Operator shall use its best efforts to operate and maintain the Operator Maintenance Areas in accordance with the Budget Notwithstanding the foregoing, Operator shall have the right to make emergency repairs to the Common Area to prevent injury or damage to person or property, it being understood that Operator shall nevertheless advise each Party of such emergency condition as soon as reasonably possible, including the corrective measures taken and the cost thereof If the cost of the emergency action exceeds $10,000 00 in Constant Dollars then Operator may submit a supplemental billing to each Party, together with evidence supporting such payment, and each Party shall pay its share thereof within thirty (30) days (d) Operator agrees to defend, indemnify and hold each Party paying it the amounts due hereunder harmless from and against any mechanic's, materialmen's and/or laborer's liens, and all costs, expenses and liabilities in connection therewith, including reasonable attorney's fees and court costs, arising out of the maintenance and operation by Operator of the Common Area, and in the event that the Tract of any such Party shall become subject to any such lien, Operator shall promptly cause such lien to be released and discharged of record, either by paying the indebtedness which gave rise to such lien or by posting such bond or other security as shall be required by law to obtain such release and discharge DECLARATION OF EASEMENTS AND CONDITIONS - 15 (e) Each owner of Pads B, C, and D shall, at its sole cost and expense, maintain, repair, and/or replace the Common Area on its Tract in accordance with the requirements of 4 2(a) above It is 00 recognized and acknowledged that certain maintenance items within the Common Area of the entire 00 Shopping Center benefit Pads B, C, and D, and cannot be practically segregated from or allocated to 0 Pads B, C, and D These items are the maintenance, repair, and/or replacement of the accesses to and 0 the main driveways in the Shopping Center, the landscaping and irrigation of areas on the exterior boundary of the Shopping Center, the off -site landscaping and irrigation and the Common Utility Lines 0 Each owner of Pads B, C, and D shall, in addition to maintaining, repairing, and/or replacing the 0 Common Area on its Tract, pay the Operator, or if there is not an Operator, the Party which has or will be paying for same, the following (i) the annual amount of 50 cents per square foot of Floor Area located on the particular Tract payable in advance on the earlier of (A) the substantial completion of a dt building on the Tract, or (B) the opening of a business on the Tract and continuing each year on January 0 1 each year thereafter, and (ii) the amounts payable as provided in 4 2(a)(vi) for maintaining, cleaning, 40 replacing, and repairing any and all Common Utility Lines The annual payment set forth in (e)(i) above C shall be adjusted each year to reflect increases in the Consumer Price Index in accordance with Exhibit 1 0 hereof GV Each owner of Pad B, C, and D agrees to defend, indemnify, and hold each other Party ("Indemnitee") from and against all claims, costs, losses, expenses, and liability (including reasonable attorney fees and costs of suit) arising from or directly or indirectly relating to the maintenance, use or operation of the Common Areas located on its Tract, except for claims caused by the negligence or willful act or omission of such Indemnitees (f) In the event a Party maintaining the Common Area on its Tract fails to maintain it in accordance with the requirements of 4 2(a) (such Party being hereinafter referred to as the "Defaulting Party") any other Party (hereinafter referred to as the "Nondefaulting Party") may send written notice of such failure to the Defaulting Party Such notice shall contain an itemized statement of the specific deficiencies (hereinafter referred to as the "Deficiencies") in the Defaulting Party's performance of its obligations under 4 2(a) Except for an Emergency Situation, the Defaulting Party shall have ten (10) days after receipt of such notice in which to correct the Deficiencies or in which to commence to correct the Deficiencies it the Deficiencies cannot be corrected within the said ten-day period, and thereafter to proceed diligently to complete the correction of the Deficiencies An "Emergency Situation" is a situation which threatens access to a Tract or threatens an immediate substantial loss or damage to property or any personal injury or death to Persons In the event a Defaulting Party shall fail or refuse to timely correct or to begin to correct the Deficiencies and proceed to diligently complete the same, as the case may be, the Nondefaulting Party may, in its option, correct the Deficiencies and take over the portion of the Common Area maintenance on the Defaulting Party's Tract which relates to the Deficiencies In the event the Nondefaulting Party shall exercise its option, the Defaulting Party shall, within ten (10) days from receipt from the Nondefaulting Party, of an itemized invoice for the costs incurred by the Nondefaulting Party in correcting the Deficiencies and/or maintaining the Common Area on the Defaulting Party's Tract, pay such costs to the Nondefaulting Party, plus an administrative fee in the amount of ten percent (10%) of the costs If the invoice is not paid within said ten-day (10) period, interest on the amount due under the invoice from the date of the invoice shall be paid by the Defaulting Party at U S Bank National Association's prime rate of interest (or if it no longer exists a comparable regional national bank located in Washington), plus two percent (2%) per annum until paid The Defaulting Party may reassume maintenance of the Common Area on its Tract upon (t) paying any and all amounts, including interest and administrative fees, then due the Non -Defaulting Party, and (ii) providing the Nondefaulting Party with reasonable assurance that it will maintain the Tract in accordance with the requirements of 4 2(a) (g) In the event any of the Common Area is damaged or destroyed by any cause whatsoever, whether insured or uninsured, during the term of this DEC, other than damage caused by ordinary use or wear and tear, the Party upon whose Tract such Common Area is located shall repair or restore such DECLARATION OF EASEMENTS AND CONDITIONS - 16 Common Area at its sole cost and expense with all due diligence, provided that no Party shall be required to expend more than $250,000 in Constant Dollars in excess of insurance proceeds which may be available (or which would have been available except for a Party's failure to obtain insurance 00 coverage as required herein or for elections relating to deductibles or self-insurance for which the Party 00 shall be responsible to contribute) for such repair or restoration Notwithstanding the limitation set 0 forth in the preceding sentence, a Party may require another Party to do such restoration work if the O requiring Party has agreed in writing to pay the costs in excess of such sum Except to the extent O limited by 5 4 hereof, in the event such damage or destruction of Common Area is caused in whole or in Q part by another Party or third Person, the Party obligated to make such repair or restoration reserves and retains the right to proceed against such other Party or third Person for indemnity, contribution or damages 43 Building Improvements O (a) After completion of construction, each Party covenants and agrees to maintain and keep the exterior portion of the building improvements, if any, located on its Tract in first-class condition and CD state of repair in a manner consistent with other first-class retail developments of comparable size in the ce Federal Way, Washington area, in compliance with all governmental laws, rules, regulations, orders, and ordinances exercising jurisdiction thereover, and in compliance with the provisions of this DEC Each Party further agrees to store all trash and garbage in adequate containers, to locate such containers so that they are not readily visible from the parking area, and to arrange for regular removal of such trash or garbage (b) In the event any of the building improvements are damaged by fire or other casualty (whether insured or not), the Party upon whose Tract such building improvements are located shall, subject to governmental regulations and/or insurance adjustment delays, immediately remove the debris resulting from such event and provide a sightly barrier, and within a reasonable time thereafter shall either (i) repair or restore the building improvements so damaged to a complete unit, such repair or restoration to be performed in accordance with all provisions of this DEC, or (ii) erect other building improvements in such location, such construction to be performed in accordance with all provisions of this DEC, or (tii) demolish the damaged portion and/or the balance of such building improvements and restore the cleared area to either a hard surface condition or a landscaped condition in which event the area shall be Common Area until a replacement building is erected Such Party shall have the option to choose which of the foregoing alternatives to perform, but such Party shall be obligated to perform one of such alternatives Such Party shall give notice to each other Party within ninety (90) days from the date of such casualty of which alternative it elects OPERATION OF THE SHOPPING CENTER 51 Uses (a) Subject to the limitations set forth in 5 1, no part of the Shopping Center shall be used or occupied for purposes other than retail sales, Financial Retail Offices, Fast Food Restaurants (defined below), and sit down restaurants serving primarily breakfast -related menu items The term "Financial Retail Office" shall mean an office which provides financial services directly to consumers such as banks, credit unions and stock brokerages (b) No use shall be permitted in the Shopping Center which is inconsistent with the operation of a first-class retail shopping center Without limiting the generality of the foregoing, the following uses shall not be permitted (1) any use which emits an obnoxious odor, noise, or sound which can be heard or smelled outside of any building in the Shopping Center, however, this provision shall not be DECLARATION OF EASEMENTS AND CONDITIONS - 17 00 interpreted to restrict the Occupant of the WinCo Tract from conducting its supermarket 00 operations thereon, including a bakery, in the ordinary course of its business, provided that the O Occupant of the WinCo Tract shall take measures normally taken by first-class supermarket operations and shopping centers to limit the emission of odors, (ii) any operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural, or mining operation, , (lii) any "second hand" store or "surplus" store except those such as Ross Dress For d� Lessor T J Maxx, O O (iv) any mobile home park, trailer court, labor camp, junkyard, or stockyard (except p that this provision shall not prohibit the temporary use of construction trailers during periods of Q construction, reconstruction, or maintenance), CQ (v) any dumping, disposing, incineration, or reduction of garbage (exclusive of garbage compactors or other future technology no more intrusive than garbage compactors located near the rear of any building), (vi) any tire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation, (vii) any central laundry, dry cleaning plant, or laundromat, provided, however, this prohibition shall not be applicable to (1) on the WinCo Tract, nominal supportive facilities for on -site service -oriented pickup and delivery by the ultimate consumer as the same may be found in retail shopping districts in the metropolitan area where the Shopping Center is located, and (2) the operation of on -site laundry facilities within a store which services only the internal needs of that store and does not provide laundry services to the general public, (viii) any manufactured home, automobile, truck, trailer, boat or recreational vehicles sales, leasing, display, body shop or repair operation, (ix) any entertaining or recreational facility which includes movie theaters, live performance theaters, bowling lanes, skating rinks, dance halls, billiard or pool halls, massage parlors or similar facilities, (x) any living quarters, sleeping apartments, or lodging rooms, (xi) any veterinary hospitals or animal raising facilities (except that this prohibition shall not prohibit pet shops), (xii) any mortuaries or funeral homes, (xiii) any adult book or adult video stores or establishments selling or exhibiting pornographic materials or drug -related paraphernalia, (xiv) any bars, taverns, or other establishments whose reasonably projected annual gross revenues from the sale of alcoholic beverages for on -premises consumption exceeds fifteen per cent (15%) of the gross revenues of such business, (xv) any health spas, fitness centers, gyms, or workout facilities, DECLARATION OF EASEMENTS AND CONDITIONS - 18 (xvi) any flea markets, amusement or video arcades (except up to five (5) electronic games shall be allowed if incidental to any permitted use), or ap (xvii) any training or educational facilities, including but not limited to beauty 00 schools, barber colleges, reading rooms, places of instruction or other operations catering O primarily to students or trainees rather than to customers, provided however, this prohibition O shall not be applicable to on -site employee training by an Occupant incidental to the conduct of 0 its business at the Shopping Center 0 (c) The following additional uses and occupancy restrictions shall apply d{ e� (1) With the exception of Retail "A," no part of the Shopping Center shall be used d+ or occupied as a Business Office PROVIDED, HOWEVER, this prohibition shall not be O applicable to Business Offices located within a building which only services the internal needs p of that store and does not provide business office services to the general public The term O "Business Office" shall mean an office other than a Financial Retail Office O ce (11) Except as hereinafter provided with regard to Pad C, no Restaurant shall be located in the Shopping Center, PROVIDED, HOWEVER, this prohibition shall not be applicable to (1) the operation of a Restaurant which is incidental to the Occupant's primary business purpose, and (2) the operation of a Fast Food Restaurant(s) located on Pads B, C, and D PROVIDED, FURTHER, subject to the prior written approval of the Approving Party (which approval may be withheld by the Approving Party in its sole, absolute and unreviewable discretion), a Restaurant may be located on Pad C The Approving Party's written approval of the use of Pad C as a Restaurant shall, prior to it being effective, be recorded in the real property records of King County, Washington For the purpose of this section only, a Restaurant shall be an "incidental operation" if it occupies less than ten percent (10%) of the Occupant's Floor Area and does not have a separate customer entry/exit door to the outside of the building For purposes of this section only, the term "Fast Food Restaurant(s)" shall mean a restaurant whose marketing strategy is based on preparing and dispensing food orders in a limited period of time Without limitation and for illustrative purposes, Fast Food Restaurant(s) include the following Burger King Hardy's Wendy's Mc Donalds Carl's Jr Jack In The Box Taco Bell Arby's Taco Time Subway B limpie Also, without limitation and for illustrative purposes, Fast Food Restaurants) do not include any Restaurant or food service establishment which offers as the primary method of service for orders to be taken and served by a waitperson at the customer's table, or whose primary method of service is for customers to serve themselves at a buffet line (in) No Fast Food Restaurant shall be located on any Pad until and unless the Approving Party approves in writing the design and location of the drive through facilities of any such Fast Food Restaurant, and the location of its building footprint (d) Until such time as WinCo constructs and operates a supermarket on the WinCo Tract, and thereafter, for so long as the WinCo Tract is being used or has during any portion of the immediately preceding twelve (12) months been so used as a retail grocery operation, no portion of the Shopping Center, other than the WinCo Tract, shall be used as a retail grocery store operation (which is DECLARATION OF EASEMENTS AND CONDITIONS - 19 hereby defined to mean any store, bakery or delicatessen, engaged in the sale of food products for off - premises preparation and consumption) This restriction shall not be deemed to prevent or prohibit the sale of such food products by an Occupant of Pads B through D from not more than 3,000 square feet of 00 Floor Area This restriction may be waived or modified solely by the owner of the WinCo Tract in 00 writing by an instrument recorded in the real property records of King County, Washington The 0 twelve-month (12) period referred to in this section shall not include any period during which the O particular use lapses due to force maleure conditions or damage, destruction, condemnation, or 0 remodeling of the building on the WinCo Tract so long as WinCo diligently proceeds with such repair 0 and restoration of such building reasonably calculated to permit resumption for such use (e) No merchandise, equipment or services, including but not limited to vending machines, promotional devises and similar items, shall be displayed, offered for sale or lease, or stored within the Common Area, provided however, that the foregoing prohibition shall not be applicable to (1) the 0 storage of shopping carts, (ii) the seasonal display and sale of bedding plants on the sidewalk in tront of O any building located on the WinCo Tract, (iii) temporary Shopping Center promotions, except that no O promotional activities will be allowed in the Common Area without the prior written approval of the Q Approving Party which may be withheld in its sole, absolute, and unreviewable discretion, or CQ (iv) newspaper distribution stands and similar public service items In addition, if a recycling center or equipment is required by law to be Iocated in the Shopping Center, the location thereof shall be subject to the approval of the Parties Notwithstanding the foregoing, the Occupant of the WinCo Tract shall be permitted (1) To have vending carts and the display and sale of merchandise and ready -to -eat products on sidewalks directly in front of the building located on the WtnCo Tract, provided that said Occupant maintains said sidewalks at its sole cost in a neat and clean manner, and (11) To conduct seasonal or promotional sales of merchandise from the WinCo Tract subject to the following restrictions (1) sales shall be limited to not more than ninety (90) days per calendar year, (2) the sales area shall be limited to not more than twenty (20) parking spaces within the area designated on the Site Plan as the "Outdoor Sales Area", (3) all booths, stands, displays and other structures erected in connection therewith shall be promptly removed by said Occupant of the WinCo Tract upon termination of said activities, (4) the Occupant of the WinCo Tract shall be responsible for cleaning the Common Area where the sale is held during the sale and for restoring its condition to that existing immediately prior to said sale at the sole cost and expense of the Occupant of the WinCo Tract In the event said Occupant does not clean or repair such area promptly, the Operator (or if there is not an Operator then any other Party) may do so and charge the cost thereof to said Occupant of the WinCo Tract, and (5) the parking lot sales shall not intertere with the tree movement of vehicular traffic within the Shopping Center or with access to or from the Shopping Center DECLARATION OF EASEMENTS AND CONDITIONS - 20 (f) The name "WinCo" or other name used by the owner of the WinCo Tract shall not be qp used to identify the Shopping Center or any business or trade conducted on Pads B through D without WinCo's prior written consent The Shopping Center shall be called by such name as the Approving O Party may from time to time designate 4 (g) Except to the extent required by law, no Permittee shall be charged for the right to use the Common Area For the purpose of this provision, a tax assessment or other form of charge applicable to parking spaces or parking lots may be deemed by the Approving Party an imposition required by law 'CM (h) In order to minimize interference with normal customer parking within the Shopping Q Center, each Party shall cause the employees of the Occupants of its Tract to park their vehicles only on v such Tract and only in the parking spaces on such Tract designated with the letter "E" on the Site Plan, CD and as to such parking spaces, each Owner shall designate the same on its Tract by painting the letter 0 "E" of such size and color as to be readily observable in daylight hours to users of the parking areas in each such space (1) This DEC is not intended to, and does not, create or impose any obligation on a Party to operate, continuously operate, or cause to be operated a business or any particular business at the Shopping Center or on any Tract 5 2 Lighting (a) After completion of the Common Area lighting system on its Tract, each Party hereby covenants and agrees to keep its Tract fully illuminated each day from dusk to at least 10 00 p in Each Party further agrees to, except to the extent additional lighting is required herein, keep the lights in the Common Area on its Tract illuminated from dusk until dawn at not less than twenty-five percent (25%) of full capacity and to keep any exterior building security fights on from dusk until dawn During the term of this DEC, each Party grants an irrevocable license to each other Party for the purpose of permitting the lighting from one Tract to incidentally shine on the adjoining Tract (b) It is recognized that the Occupant of the WinCo Tract may be open for business at different hours than the Occupant of Pads B, C, and D, and that the Occupant of the WinCo Tract may wish to have the Common Area lights located on all or a portion of Pads B, C, and D, and the WinCo Tract illuminated before and/or after the period required in (a) above Notwithstanding anything to the contrary in this DEC, the owner of the WinCo Tract may require that the Common Area lights located on the WinCo Tract and Pads B, C, and D, as well as all entryway lights, be installed or modified so that the owner of the WinCo Tract controls the Common Area lights located on said Tracts and all entryways and may cause these Common Area lights to be operated before and/or after the period required in (a) above The owner of the WinCo Tract shall be initially responsible for the payment of utility and maintenance charges incurred for the operation of the Common Area lighting on said Tracts The owners of Pads B, C, and D shall, however, reimburse the owner of the WinCo Tract for that portion of utility and maintenance charges attributable to operating and maintaining the Common Area lights located on Pads B, C, and D during the period required in (a) above (or during any period a business on said Tracts is open for business beyond the period required in (a) above) and shall promptly pay the same upon receipt of an invoice from the owner of the WinCo Tract for the same (c) Each owner of Pads B, C, and D shall separately meter the Common Area lights located on its Tract and shall keep each such Tract fully illuminated each day from dusk until at least 10 00 p in Further, each owner of Pads B, C, and D agrees to, except to the extent additional lighting is required herein, keep the lights in the Common Area on its Tract illuminated from dusk until dawn at not less DECLARATION OF EASEMENTS AND CONDITIONS - 21 40 than twenty-five percent (25%n) of full capacity and to keep any exterior building security lights on from 00 dusk until dawn O 5 3 Occupant Sterns O O (a) No freestanding sign shall be permitted within the Shopping Center unless constructed �I in areas designated on the Site Plan, and only one such sign may be located in each designated area The treestanding signs at the Shopping Center shall be utilized as follows 0) Two (2) planned pylon signs at the approximate locations shown on the Site O Plan as the "Pylon Sign" (the "Center Signs") may be used to identify the Occupant of the O WinCo Tract 0 (ii) The design and construction of, and the panel inserts on, the Center Signs shall CQ be subject to the prior written approval of the Approving Party, which approval shall not be unreasonably withheld by the Approving Party PROVIDED, HOWEVER (1) The Occupants of Pads B, C and D shall not be entitled to any signage on the Center Signs but may place monument signs on their respective Pads if authorized to do so by the appropriate governmental authorities, and if the location, size and design of said monument signs has been approved in writing, in advance, by the Approving Party in the Approving Party's sole, absolute, and unreviewable discretion, and (2) The Occupant of the WinCo Tract shall be entitled to the exclusive use Of a reader board on the Center Signs This section shall not be interpreted to restrict the Occupant of the WinCo Tract from erecting a flag pole(s) at the location shown on the Site Plan and displaying thereon only the United States flag or the State of Washington flag, provided that the same is permitted by local ordinances and regulations, and provided further that the said Occupant exercises proper care in the maintenance and display of said flag(s) and flag pole (b) No Occupant ident►tication sign attached to the exterior of a building shall be (1) placed on canopy roofs extending above the building roof, placed on penthouse walls, or placed so as to project above the parapet, canopy, or top of the wall upon which it is mounted, (u) placed at any angle to the building, provided, however, the foregoing shall not apply to any sign located under a sidewalk canopy if such sign is at least eight (8) feet above the sidewalk, (m) painted on the surface of any building, (iv) flashing or audible signs, (v) signs employing exposed raceways (unless the raceway is the same color as the building), exposed ballast boxes, or exposed transformers, or (vi) paper or cardboard signs, temporary signs (exclusive of contractor signs), stickers or decals, provided, however, the foregoing shall not prohibit the placement at the entrance of each Occupant's space a small sticker or decal, indicating hours of business, emergency telephone numbers, acceptance of credit cards, and other similar bits of information DECLARATION OF EASEMENTS AND CONDITIONS - 22 Notwithstanding the above, the Occupants of the WinCo Tract and Pads B through D, may 00 display professionally prepared temporary signs and banners for in-store promotions 00 Unless approved by the Approving Party, and further subject to any necessary governmental C approvals, no Occupant of less than fifty thousand (50,000) square feet of Floor Area shall have an O exterior sign which identifies leased departments, and/or concessionaires operating under the Occupant's Q business or trade name, nor, shall such sign identify specific brands or products for sale or services offered within a business establishment, unless such identification is used as part of the Occupant's trade name O(c) Notwithstanding anything above to the contrary, each Party shall be permitted to place O within the Common Area located on its Tract directional signs or informational signs such as "Handicapped Parking", the temporary display of leasing information and the temporary erection of one O sign identifying each contractor working on a construction job O CQ 54 Insurance (a) Each Party (as to its Tract only) shall maintain or cause to be maintained in Lull force and effect Commercial General Liability Insurance with a combined single limit of liability of not less than Five Million Dollars ($5,000,000 00) in Constant Dollars for bodily or personal injury or death, and for property damage, arising out of any one occurrence, the other Parties shall be "additional insureds" under such policy Each Party ("Indemnttor") covenants and agrees to defend, protect, indemnify and hold harmless each other Party ("Indemnttee") from and against all claims, including any action or proceedings brought thereon, and all costs, losses, expenses and liability (including reasonable attorney's fees and cost of suit) arising from or as a result of the injury to or death of any Person, or damage to the property of any Person located on the Tract owned by each Indemnitor, except for claims caused by the negligence or willful act or omission of such Indemnitees, its licensees, concessionaires, agents, servants, or employees, or the agents, servants, or employees of any licensee or concessionaire thereof (b) Prior to commencing any construction activities within the Shopping Center, each Party shall obtain or require its contractor to obtain and thereafter maintain so long as such construction activity is occurring, at least the minimum insurance coverages in Constant Dollars set forth below (t) Workers' Compensation - statutory limits (ti) Employers' Liability - $500,000 (iii) Comprehensive General/Commercial General Liability and Business Auto Liability as follows (1) Bodily Injury - $1,000,000 per occurrence (2) Property Damage - $1,000,000 per occurrence (3) Independent Contractors Liability, same coverage as set forth in (1) and (2) above, (4) Products/Completed Operations Coverage which shall be kept in effect for two (2) years after completion of work, (5) "XCU" Hazard Endorsement, if applicable, DECLARATION OF EASEMENTS AND CONDITIONS - 23 00 (6) "Broad Form" Property Damage Endorsement, QO (7) "Personal Injury" Endorsements, and O O (8) "Blanket Contractual Liability" Endorsement O O If the construction activity involves the use of another Party's Tract, then the owner of such Tract shall be an additional insured and such insurance shall provide that the same shall not be canceled, Gq or reduced in amount or coverage below the requirements of this DEC, without at least thirty (30) days prior written notice to the named insureds and each additional insured If such insurance is canceled or 0 expires then the constructing Party shall immediately stop all work on or use of the other Party's Tract 0 until either the required insurance is reinstated or replacement insurance obtained O (c) Effective upon the commencement of construction of any building on its Tract and so a long as such building exists, a Party shall carry, or cause to be carried, casualty insurance with ce "extended" or "all-risk" coverage, in the amount of one hundred percent (100%) of full replacement cost thereof (excluding footings, foundations or excavations) Each Party (the "Releasing Party") hereby releases and waives for itself, and each Person claiming by, through or under it, each other Party (the "Released Party") from any liability for any loss or damage to all property of such Releasing Party located upon the Releasing Party's Tract, which loss or damage is of the type covered by the insurance required to be maintained under 5 4(c), irrespective either of any negligence on the part of the Released Party which may have contributed to or caused such loss, or of the amount of such insurance required or actually carried, including any deductible or self insurance reserve Each Party agrees to use its reasonable efforts to obtain, if needed, appropriate endorsements to its policies of insurance with respect to the foregoing release, provided, however, that failure to obtain such endorsements shall not affect the release hereinabove given Each Party ("Indemnitor") covenants and agrees to indemnify, defend and hold harmless each other Party ("Indemnitee") from and against all claims asserted by or through any Permittees of the Indemnitor's Tract for any loss or damage to the property of such Permittee located upon the Indemnitor's Tract, which loss or damage is covered by the insurance required to be maintained under 5 4(c), irrespective of any negligence on the part of the Indemnitee which may have contributed to or caused such loss (d) All insurance required by 5 4 shall be procured from companies licensed in the state where the Shopping Center is located and shall be rated by Best's Insurance Reports not less than A/VII All insurance may be provided under (i) an individual policy covering this location, (n) a blanket policy or policies which includes other liabilities, properties and locations of such Party, provided, however, that if such blanket commercial general liability insurance policy or policies contain a general policy aggregate of less than $20,000,000 in Constant Dollars, then such insuring Party shall also maintain excess liability coverage necessary to establish a total liability insurance limit of $20,000,000 in Constant Dollars, (iii) a plan of self-insurance, provided that any Party so self -insuring notifies the other Parties of its intent to self -insure and agrees that upon request it shall deliver to such other Parties each calendar year a copy of its annual report that is audited by an independent certified public accountant which discloses that such Party has $80,000,000 in Constant Dollars or more of net worth, determined in accordance with generally accepted accounting principles, and (iv) a combination of any of the foregoing insurance programs To the extent any deductible is permitted or allowed as a part of any insurance policy carried by a Party in compliance with 5 4, such Paity shall be deemed to be covering the amount thereof under an intormal plan of self-insurance, provided, however, that in no event shall any deductible exceed $50,000 00 in Constant Dollars unless such Party complies with the requirements regarding self-insurance pursuant to (iii) above Each Party agrees to furnish to any Party requesting the same, a certificate(s) of insurance evidencing that the insurance required to be carried by such Person is in full force and effect DECLARATION OF EASEMENTS AND CONDITIONS - 24 00 The insurance required pursuant to 5 4(a) and (b) above shall include the following provisions 00 O (1) shall provide that the policy may not be canceled or reduced in amount or O coverage below the requirements of this DEC, without at least thirty (30) days prior written notice by the insurer to each insured and to each additional insured, O O (ii) shall provide for severability of interests, CQ (iii) shall provide that an act or omission of one of the insureds or additional q1V insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage O as to the other named insureds, and O O (iv) shall provide for contractual liability coverage with respect to the indemnity obligation set forth herein, provided, however, the coverage limits of such insurance shall in no CQ event limit the indemnity obligations of any Party hereunder 55 Taxes and Assessments Each Party shall pay, or cause to be paid prior to delinquency, all taxes and assessments with respect to its Tract, the buildings, and improvements located thereon and any personal property owned or leased by such Party in the Shopping Center, provided that if the taxes or assessments or any part thereof may be paid in installments, the Party may pay each such installment as and when the same becomes due and payable Nothing contained in this subsection shall prevent any Party from contesting at its cost and expense any such taxes and assessments with respect to its Tract in any manner such Party elects, so long as such contest is maintained with reasonable diligence and in good faith At the time as such contest is concluded (allowing for appeal to the highest appellate court), the contesting Party shall promptly pay all such taxes and assessments determined to be owing, together with all interest, penalties and costs thereon 5 6 Liens In the event any mechanic's lien is filed against the Tract of one Party as a result of services performed or materials furnished for the use of another Party, the Party permitting or causing such Iien to be so filed agrees to cause such lien to be discharged within fifteen (15) days after the entry of a final judgment (after all appeals) for the foreclosure of such lien and further agrees to indemnify, defend, and hold harmless the other Party and its Tract against liabilities, losses, damages, costs or expenses (including reasonable attorneys' fees and cost of suit) on account of such claim of lien Upon request of the Party whose Tract is subject to such lien, the Party permitting or causing such lien to be filed agrees to promptly cause such lien to be released and discharged of record, either by paying the indebtedness which gave rise to such lien or by posting bond or other security as shall be required by law to obtain such release and discharge Nothing herein shall prevent a Party permitting or causing such lien from contesting the validity thereof in any manner such Party chooses so long as such contest is pursued with reasonable diligence In the event such contest is determined adversely (allowing for appeal to the highest appellate court), such Party shall promptly pay in full the required amount, together with any interest, penalties, costs, or other charges necessary to release such lien ENVIRONMENTAL. MATTERS 6 1 Duties of Users Except as provided in 6 2, neither the Parties nor any Occupant(s) shall release, generate, use, store, dump, transport, handle or dispose of any Hazardous Material within the Shopping Center or otherwise permit the presence of any Hazardous Material on, under or about the Shopping Center or transport any Hazardous Material to or from the Shopping Center Any such use, handling or storage permitted under 6 2 shall be in accordance with all Environmental Laws and all other applicable laws, ordinances, rules and regulations now or hereafter promulgated by any governmental authority having jurisdiction thereof Neither the Parties nor any Occupant(s) shall install, operate or maintain any above, below or at grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on or about the Shopping Center unless plans therefor have been submitted DECLARATION OF EASEMENTS AND CONDITIONS - 25 to and approved by the Approving Party pursuant to 6 2 hereof Each Party with respect to its Tract 40 shall immediately notify the other Parties in writing of the following with respect to such Party's Tract 00 (a) any notice of violation or potential or alleged violation of any laws, ordinances or regulations which O the Party shall have received from any governmental agency concerning the use, storage, release and/or O disposal of Hazardous Materials, (b) any and all inquiry, investigation, enforcement, cleanup, removal O or other governmental or regulatory actions instituted or threatened relating to such Tract(s), (c) all O claims made or threatened by any third party relating to any Hazardous Materials, and (d) any release of Hazardous Materials in a reportable quantity on or about the Shopping Center which such Party knows CQ of or reasonably believes may have occurred Such notice shall be accompanied by copies of any V notices, inquiries or other documentation issued to the notitying Party in connection with such matters O 62 Permitted Use, Storage, Handling and Disposal of Hazardous Materials Notwith- C standing anything contained in 6 1 to the contrary, any Party, or any Occupant or Permittee may sell, C store and use products containing Hazardous Materials in,•on or about the Tract occupied by such Party, 40 Occupant or Permittee or the Common Areas to the extent such products and/or equipment are incidental CQ to normal shopping center operations, and are sold, stored or used in compliance with all applicable Environmental Laws By way of example, and not limitation, such permitted materials may include paints, oils, solvents, sealers, adhesives and finishes, fertilizers, medicines, insecticides and rodent poisons and the like, which may be or contain Hazardous Materials, so long as such products are produced, packaged and purchased for retail sale and generally merchandised or sold in retail outlets or are normally used in maintaining or repairing shopping center improvements A Party or an Occupant may also use other Hazardous Materials in connection with its use of its Tract if such Party or Occupant has received the Approving Party's prior consent to the same The Approving Party shall not unreasonably withhold its consent provided (i) the Party demonstrates to the Approving Party's reasonable satisfaction that such Hazardous Materials (1) are necessary or useful to the Party's or its Occupant's business, (2) will be monitored, used, stored, handled and disposed of in compliance with all Environmental Laws, (3) will not endanger any persons or property, and (4) will not invalidate or limit the coverage or increase the premiums of any insurance policy aftecting or covering any portion of the Shopping Center, (n) the Party or Occupant provides the Approving Party with such security as may be reasonably required by the Approving Party to help secure such Party's or Occupant's performance of its obligations under 6 3, and (iii) such Party or Occupant satisfies any other requirements any other Party may reasonably impose with respect to the Party's or Occupant's use of the subject Hazardous Materials 63 Cleanup of Hazardous Materials In the event Hazardous Materials are released within the Shopping Center in violation of any Environmental Laws and such release occurred as a direct or indirect result of a Party's or its Occupant's or Permittee's use, handling, storage, or transportation of such Hazardous Material, as between the Parties, such Party or Occupant engaged in such activity shall be solely responsible and shall be liable for the prompt cleanup and remediation of any resulting contamination and all claims, costs, expenses (including reasonable attorney and consultant fees) and damages, including consequential damages, suffered by the other Party, Occupants and Permittees MISCELLANEOUS 71 Default (a) The occurrence of any one or more of the following events shall constitute a material default and breach of this DEC by the non -performing Party (the "Defaulting Party") (1) The failure to make any payment required to be made hereunder within ten (10) days of the due date, or (ii) The failure to observe or perform any of the covenants, conditions or obligations of this DEC, other than as described in (i) above, within thirty (30) days after the DECLARATION OF EASEMENTS AND CONDITIONS - 26 00 issuance of a written notice by another Party (the "Non -Defaulting Party") specifying the nature of the default claimed O O (b) With respect to any default under (a) above, any Non -Defaulting Party which is an O Approving Party shall have the right, but not the obligation, to cure such default by the payment of O money or the performance of some other action for the account of and at the expense of the Defaulting Party, provided, however, that in the event the default shall constitute an Emergency Condition, any such Non -Defaulting Party, acting in good faith, shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, without advance dt notice, so long as notice is given as soon as possible thereafter An "Emergency Condition" is a O condition which threatens a Tract or threatens an immediate substantial loss or damage to property or Q any personal injury or death to Persons To effectuate any such cure, any such Non -Defaulting Party shall have the right to enter upon the Tract of the Defaulting Party (but not into any building) to perform Q any necessary work or furnish any necessary materials or services to cure the default of the Defaulting Party Each Party shall be responsible for the default of its Occupants In the event any Non -Defaulting Party shall cure a default, the Defaulting Party shall reimburse the Non -Defaulting Party for all costs and expenses incurred in connection with such curative action, plus interest as provided herein, within ten (10) days of receipt of demand, together with reasonable documentation supporting the expenditures made (c) Costs and expenses accruing and/or assessed pursuant to 7 1(b) above shall constitute a lien against the Defaulting Party's Tract The lien shall attach and take effect only upon recordation of a claim of lien in the office of the Recorder of the county of the state in which the Shopping Center is located, by the Party making the claim The claim of lien shall include the tollowing (1) The name of the lien claimant, (ii) A statement concerning the basis for the claim of lien and identifying the lien claimant as a curing Party, (iii) An identification of the owner or reputed owner of the Tract or interest therein against which the lien is claimed, (iv) A description of the Tract against which the lien is claimed, (v) A description of the work performed which has given rise to the claim of lien and a statement itemizing the amount thereof, and (VI) A statement that the lien is claimed pursuant to the provisions of this DEC, reciting the date, book and page of recordation hereof The notice shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon the Party against whom the lien is claimed, by personal service or by mailing pursuant to 7 4 below The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and may be enforced in any judicial proceedings allowed by law, including without limitation, suit in the nature of a suit to foreclose a mortgage or mechanic's lien under the applicable provisions of the law of the state in which the Shopping Center is located (d) No waiver by any Party of any default under this DEC shall be effective or binding on such Party unless made in writing by such Party and no such waiver shall be implied from any omission by a Party to take action in respect to such default No express written waiver of any default shall affect any other default or cover any other period of time other than any default and/or period of time specified in such express waiver One (1) or more written waivers or any default under any provision of this DEC DECLARATION OF EASEMENTS AND CONDITIONS - 27 shall not be deemed to be a waiver of any subsequent default in the performance or the same provision or any other term or provision contained in this DEC (e) Each Non -Defaulting Party shall have the right to prosecute any proceedings at law or in equity against any Defaulting Party hereto, or any other Person, violating or attempting to violate or defaulting upon any of the provisions contained in this DEC, and to recover damages for any such violation or default Such proceeding shall include the right to restrain by injunction any violation or threatened violation by another of any of the terms, covenants, or conditions of this DEC, or to obtain a decree to compel performance of any such terms, covenants, or conditions, it being agreed that the remedy at law for a breach of any such term, covenant, or condition (except those, it any, requiring the payment of a liquidated sum) is not adequate All of the remedies permitted or available to a Party under this DEC or at law or in equity shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy 7 2 Interest Except as otherwise provided herein, any time a Party shall not pay any sum payable hereunder to another within ten (10) days of the due date, such delinquent Party shall pay interest on such amount from the due date to and including the date such payment is received by the Person entitled thereto, at the lesser of (a) the highest rate permitted by law to be paid on such type of obligation by the Person obligated to make such payment or the Person to whom such payment is due, whichever is less, or (b) two percent (2%) per annum in excess of the prime rate from time to time publicly announced by U S Bank National Association or its successor (or if it no longer exists a comparable regional national bank located in Washington) 7 3 Estoppel Certificate Each Party agrees that upon written request (which shall not be more frequent than three (3) times during any calendar year) of any other Party, it will issue to such Person, or its prospective mortgagee or successor, an estoppel certificate stating to the best of the issuer's knowledge that as of such date (a) whether it knows of any default under this DEC by the requesting Person, and if there are known defaults, specifying the nature thereof, (b) whether this DEC has been assigned, modified or amended in any way by it and if so, then stating the nature thereof, and (c) whether this DEC is to full force and effect Such statement shall act as a waiver of any claim by the Person furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement, and who has acted in reasonable reliance upon the statement The issuance of an estoppel certificate shall in no event subject the Person furnishing it to any liability for the negligent or inadvertent failure of such Person to disclose correct and/or relevant information, nor shall such issuance be construed to waive any rights of the issuer to either request an audit of the Common Area Maintenance Costs for any year it is entitled to do so, or challenge acts DECLARATION OF EASEMENTS AND CONDITIONS - 28 DO committed by other Parties for which approval by the Approving Party was required but not sought or 00 obtained O 74 Notices O All notices under this DEC shall be in writing and delivered either (a) in person, (b) by O reputable over -night delivery service, so long as delivery is made by obtaining a signed receipt, (c) by d+ certified mail, or (d) by facsimile transmission, so long as the original notice is also forwarded by the cq method described in (a), (b), or (c) WinCo's initial address for notices is as follows 'CIS WinCo Foods, Inc 0 Attention Chief Financial Officer 650 N Armstrong Place a P O Box 5756 co Boise, Idaho 83704 Telephone (208) 377-0110 Facsimile (208) 377-0474 with a copy to WinCo Foods, Inc Attention Vice President, Retail Development 400 South Woodland Avenue PO Box400 Woodburn, Oregon 97071-0400 Telephone (503) 982-4995 Facsimile (503) 982-4908 and with a copy to Larry E Prince, Esq Holland & Hart LLP 101 South Capitol Boulevard, Suite 1400 Boise, Idaho 83702 Telephone (208) 342-5000 Facsimile (208) 343-8869 Any notice give pursuant to this Agreement shall be deemed effective the day it is personally delivered or transmitted by facsimile, the day after it is delivered to the overnight delivery service, or three (3) business days after the date it is deposited in the United States marl system Upon at least ten (10) days' prior written notice, each Person shall have the right to change its address to any other address within the United States of America 75 .approval Rights (a) Nothing contained in this DEC shall limit the right of a Party to exercise its business judgment, or act, in a subjective manner, with respect to any matter as to which it has specifically been granted such right, or the right to act in its sole discretion or sole judgment, whether "objectively" reasonable under the circumstances, and any such exercise shall not be deemed inconsistent with any covenant of good faith and fair dealing otherwise implied by law to be part of this DEC, and the Parties intend by this DEC to set forth their entire understanding with respect to the terms, covenants, DECLARATION OF EASEMENTS AND CONDITIONS - 29 conditions and standards pursuant to which their obligations are to be judged and their performance measured �0 (b) Unless provision is made for a specific time period, each response to a request for an 00 approval or consent shall be given by the Person to whom directed within thirty (30) days of receipt O Each disapproval shall be in writing and, subject to (a) above, the reasons shall be clearly stated If a o response is not given within the required time period, the requested Party shall be deemed to have given its approval 0 76 Condemnation In the event any portion of the Shopping Center shall be condemned, the award shall be paid to the Party owning the land or the improvement taken, except that (a) if the taking includes improvements belonging to more than one Party, such as Utility Lines or signs, the portion of the award allocable thereto shall be used to relocate, replace or restore such jointly owned O improvements to a usetul condition, and (b) if the taking includes easement rights which are intended to extend beyond the term of this DEC, the portion of the award allocable to each such easement right shall O be paid to the respective grantee thereof In addition to the foregoing, if a separate claim can be filed for the taking of any other property interest existing pursuant to this DEC which does not reduce or CQ diminish the amount paid to the Party owning the land or the improvement taken, then the owner of such other property interest shall have the right to seek an award for the taking thereof 7 7 Bindinn Effect The terms of this DEC and all easements granted hereunder shall constitute covenants running with the land and shall bind the real estate described herein and inure to the benefit of and be binding upon the signatories hereto and their respective successors and assigns who become Parties hereunder This DEC is not intended to supersede, modify, amend, or otherwise change the provisions of any prior instrument affecting the land burdened hereby 7 8 Construction and Interpretation (a) This DEC and the Exhibits hereto contain all the representations and the entire agreement between the Parties with respect to the subject matter hereof Any prior negotiations, correspondence, memoranda or agreements are superseded in total by this DEC and Exhibits hereto This DEC has been fully negotiated at arms length between the signatories hereto, and after advice by counsel and other representatives chosen by such signatories, and such signatories are fully informed with respect thereto, no such signatory shall be deemed the scrivener of this DEC, and, based on the foregoing, the provisions of this DEC and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against any Party (b) Whenever required by the context of this DEC (i) the singular shall include the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa, and (n) use of the words "including", "such as", or words of similar import, when following any general term, statement or matter shall not be construed to limit such statement, term or matter to specific items, whether or not language of non -limitation, such as "without limitation", or "but not limited to", are used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest scope of such statement, terms or matter (c) The captions preceding the text of each article and section are included only for convenience of reference Captions shall be disregarded in the construction and interpretation of this DEC Capitalized terms are also selected only for convenience of reference and do not necessarily have any connection to the meaning that might otherwise be attached to such term in a context outside of this DEC DECLARATION OF EASEMENTS AND CONDITIONS - 30 (d) Invalidation of any of the provisions contained in this DEC, or of the application thereof to any person by judgment or court order, shall in no way affect any of the other provisions hereof or the -O application thereof to any other person and the same shall remain in full force and effect 30 O (e) This DEC may be amended by, and only by, a written agreement signed by the then - current Approving Party and shall be effective only when recorded in the county and state where the Shopping Center is located, provided, however, that no such amendment shall impose any materially 0 greater obligation on, or materially impair any right of a party or its Tract without the consent of such 114 party No consent to the amendment of this DEC shall ever be required of any Occupant or Person other than the Parties To the extent a Parties' consent to an amendment of this DEC is required, each Party 01 d1 may, in a timely fashion, consider, approve or disapprove any such proposed amendment to this DEC in its sole, absolute, and unreviewable discretion without regard to reasonableness O O (f) This DEC may be executed in several counterparts, each of which shall be deemed an O original The signatures to this DEC may be executed and notarized on separate pages, and when 0 attached to this DEC shall constitute one complete document C* 7 9 Negation of Partnership None of the terms or provisions of this DEC shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise Each Party shall be considered a separate owner, and no Party shall have the right to act as an agent for another Party, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged 7 10 Not a Public Dedication Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center or of any Tract or portion thereof to the general public, or for any public use or purpose whatsoever Except as herein specifically provided, no right, privileges or immunities of any Party hereto shall inure to the benefit of any third -party Person, nor shall any third -party Person be deemed to be a beneficiary of any of the provisions contained herein 7 11 Excusable Delays Whenever performance is required of any Person hereunder, such Person shall use all due diligence to perform and take all necessary measures in good faith to perform, provided, however, that if completion of performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, or any cause beyond the reasonable control of such Person, then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused The provisions of this section shall not operate to excuse any Person from the prompt payment of any monies required by this DEC or the performance of any indemnity obligations hereunder 7 12 Mitigation of Damages In all situations arising out of this DEC, all Parties shall attempt to avoid and mitigate the damages resulting from the conduct of any other Party Each Party hereto shall take all reasonable measures to effectuate the provisions of this DEC 7 13 DEC Shall Continue Notwithstanding Brcach It is expressly agreed that no breach of this DEC shall (a) entitle any Party to cancel, rescind, or otherwise terminate this DEC, or (b) defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to any part of the Shopping Center However, such limitation shall not affect in any manner any other rights or remedies which a Party may have hereunder by reason of any such breach 7 14 Time Time is of the essence of this DEC DECLARATION OF EASEMENTS AND CONDITIONS - 31 7 15 No Waiver The failure of any Party to insist upon strict performance of any of the 00 terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that Party may have hereunder, at law or in equity and shall not be deemed a waiver of any subsequent 0 breach or default in any of such terms, covenants or conditions O 7 16 Limitation of Liability O O (a) Except as specifically provided below, there shalt be absolutely no corporate or personal liability of persons, firms, corporations or entities who constitute a Party hereto, including, but not limited to, officers, directors, employees or agents of a party hereto with respect to any of the terms, d1 covenants, conditions, and provisions of this DEC In the event of default by a Defaulting Party O hereunder (as defined in 7 1) any Non -Defaulting Party (as defined in 7 1) who seeks recovery from a Defaulting Party hereto shall look solely to the interest of such Defaulting Party, its successors and O assigns, in the Shopping Center for the satisfaction of each and every remedy of the Non -Defaulting Party, provided, however, the foregoing shall not in any way impair, limit or prejudice the right of any Party (1) to pursue equitable relief in connection with any term, covenants or condition of this DEC, including a proceeding for temporary restraining order, preliminary injunction, permanent injunction or specific performance, and (ti) to recover from another Party (or its guarantor) all losses suffered, liabilities incurred or costs imposed arising out of or in connection with, or on account of, such Party (or its guarantor) not funding its self insurance obligations which were assumed pursuant to 5 4 TERM 8 1 Term of this DEC This DEC shall be effective as of the date first above written and shall continue in full force and effect until ] 1 59 p in on January 31, 2075, provided, however, that the easements referred to in Article 2 which are specified as being perpetual or as continuing beyond the term of this DEC shall continue in force and effect as provided therein Upon termination of this DEC, all rights and privileges derived from and all duties and obligations created and imposed by the provisions of this DEC, except as relates to the easements mentioned above, shall terminate and have no turther force or effect, provided, however, that the termination of this DEC shall not limit or affect any remedy at law or in equity that a Party may have against any other Party with respect to any liability or obligation arising or to be performed under this DEC prior to the date of such termination IN WITNESS WHEREOF, WinCo has caused this DEC to be executed effective as of the day and year first above written WINCO FO , 7 By .� ary R Piva, CFO (Notary acknowledgment follows) DECLARATION OF EASEMENTS AND CONDITIONS - 32 STATE OF IDAHO ) )ss County of Ada ) On this I la' day of April, 2000, before me, a Notary Public, personally appeared GARY R PIVA, O known or proved to me to be the CFO of WINCO FOODS, INC, an Idaho corporation, the person whose O name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf O of said corporation O �1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year to this certificate first above written Q `,0%IPAfelt,",. Notary Public CANA6"'o,�+' mm Residing at 3&ta-tom CIQ I* CoExpires;a flue 4r' I IkR Y %G • DECLARATION OF EASEMENTS AND CONDITIONS - 33 00 EXHIBIT A EXHIBIT H EXHIBIT I 0 EXHIBIT X Q G C 2610063_1 DOC EXHIBITS Legal Description of Shopping Center Submission Guidelines CPI Adjustment Site Plan EXHIBIT "A" LEGAL DESCRIPTION LOT A, LOT B, LOT C, and LOT D of Binding Site Plan No BSP 97-0001 00 PORTION of TAX LOT No 415920-0710 00 O All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land conveyed to Waremart, Inc, as described in deed recorded under O King County Recording No 9806240947, in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows O Commencing at the East Quarter corner of said Section 19, Thence, North 871158'05" West 1166 05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly Right -of -Way line of S W Campus Drive as described in Deed to King County recorded under King County Recording 8501170665, Thence, along the Northerly line of said Waremart Parcel, South 81'45'00" East 666 94 feet, O to the TRUE POINT OF BEGINNING of the herein -described parcel of land, O THENCE, leaving said Northerly line, along the line common to proposed "Lot A" and proposed 'Tract E" O (Park Dedication Area) of City of Federal Way Binding Site Plan No BSP 97-0001, the following courses 1) South 31 Q53'59" West 84 56 feet, O 2) South 87405'00" West 28 95 feet, GV 3) South 02255'00" East 150 75 feet, 4) South 001100'00" West 151 25 feet, and, 5) South 89959'48" West 17 82 feet, to a point on the proposed Easterly Right -of -Way line of S W Campus Drive, THENCE, along said Easterly Right -of -Way line, the following courses 1) Southeasterly 139 38 feet, along the arc of a 660 00-foot radius curve, concave Southwesterly and having a radial bearing of South 71216'37" West, through a central angle of 12Q05'58", 2) South 06037'25" East 219 19 feet, 3) South 13'26'56" East 88 35 feet, 4) South 06137'25" East 88 40 feet, 5) Southeasterly 424 05 feet, along the are of a 340 00-foot radius curve, concave Northeasterly, through a central angle of 71027'36", 6) South 78'05'01" East 107 80 feet, 7) South 88052'25" East 36 94 feet, and, 8) Northeasterly 39 26 feet, along the arc of a 25 00-foot radius curve, concave Northwesterly, through a central angle of 89058'37", THENCE, along the Westerly Right-af-Way fine of 1" Avenue South as described in Deed recorded under King County Recording No 7303070524, the following courses 1) North 01008'58" East 526 51 feet, 2) Northerly 186 42 feet, along the arc of a 958 00-foot radius curve, concave Westerly, through a central angle of 11'08'58", 3) North 101100'00" West 115 01 feet, 4) Northerly 227 54 feet, along the arc of a 642 00-foot radius curve, concave Easterly, through a central angle of 15'29'00", 5) North 84031'00" West 8 00 feet, and, 6) Northerly 110 67 feet, along the are of a 850 00-foot radius curve, concave Easterly, through a central angle of 07'27'35", to the Northeast corner of said Waremart Parcel, THENCE, along the Northerly line of said Waremart Parcel, Southwesterly 44 67 feet, along the arc of a 30 00-foot radius curve, concave Northwesterly and having a radial bearing of North 77103'25" West, through an central angle of 85'18'25", THENCE, North 81'45'00" West 385 70 feet, to the True Point of Beginning The above -described parcel of land contains approximately 12 0191 Acres, more or less End of Description Prepared by Barghausen Consulting Engineers, Inc C1NRPORTBLUManage\5_Wiskirchen12648045_1 DOC Mike Hotes Page 1 04/07/00 2648045_1 DOC EXHIBIT H 40 (page 1 of 2) 00 O SUBMISSION GUIDELINES a 1 During the conceptual design phase, the constructing party shall submit to the Approving Party the following d� A Site design documents to indicate the following, to the extent applicable d� O • Parking configurations and car parking count O • Typical bay width and stall dimensions Q ■ Drive widths ■ Setbacks GQ + Curb cuts • Spot elevations or rough contours ■ Rough landscape scope • Lighting pole locations B Building design single line plans to indicate the following ■ Exterior wall configuration • Doors and store front extent • Canopies and overhangs • Probable column locations C Exterior elevation drawings to indicate the following • Opaque wall areas with doors and store fronts 2 After approval has been granted of conceptual design phase submitted in accordance with the guidelines specified in 1 above, the constructing party shall submit final design phase plans to the Approving Party as follows A Site design documents delineating information outlined in the concept phase with the following added detail, to the extent applicable ■ Refined grading plans ■ Selected lighting fixtures and resultant lighting levels in foot candles ■ Landscaping showing generic planting materials and locations ■ Proposed paving section designs and location ■ Utility layouts including hydrants and sizes proposed • Proposed details for curbs, site structures, manholes, etc + Proposed site signage designs and locations B Building design plans delineating information outlined in the concept phase with the following added detail • Exterior wall thickness • Structural columns or bearing walls at building exterior and proposed foundation design at adjoining wall between abutting buildings QO EXHIBIT H (page 2 of 2) O O 0 • Where common footings are to be shared provide wall or column loan information for design of that footing Proposed roof plan showing slopes and location of penthouses or other co major mechanical equipment © + References of key flashing details of roof to adjoining building a GN GN C Exterior elevation drawings delineating information outlined in the concept phase with the following added detail • Proposed building sign standards • Paint color chips and samples of other materials such as brick or concrete aggregates (glass or aluminum finishes may be annotated on the elevations) ■ Proposed large scale details of key section conditions to show exterior design intent Major penthouses or rooftop equipment profiles • Features such as special masonry patterns, bands or special materials and textures Rain leaders or scuppers • Wall sections at various exterior locations including at the demising wall to the adjoining building with key vertical dimensioning If a building is to have a through -the -wall pedestrian access connection to an adjoining building, then the final design phase submission shall also include (to the owner of such adjoining building) the following • Plans of the pedestrian mall circulation showing any variations in floor elevations • Elevations/sections of the proposed mall space showing store front sign bulkheads and key dimensions • Proposed ceiling design including special features such as variations in height or skylights • Floor material patterns • Landscaping and mall seating areas • Proposed interior sign guidelines • Paint color chips and samples of other materials such as brick or concrete aggregates (glass or aluminum finishes may be annotated on the plans or elevations) ■ Proposed large scale details of key section conditions to show interior design intent 4 The constructing party shall provide the Approving Party with a complete set of bid documents for the building and/or improvements to be located upon its Tract 2644194_1 DOC EXHIBIT I CPI ADJUSTMENT A As used herein "Index" shall mean the Consumer Price Index All Urban Consumers (CPI-U) all items index, for the greater Seattle, Washington area (or if. such an index does not exist for Seattle, Washington, then the U S City Average for such index) published by the United States Department of Commerce, Bureau of Statistics (base year 1982-84=100), or any successor index thereto as hereinafter provided In the event the Index shall hereafter be converted to a different stan- dard reference base or otherwise revised, the determination of the Percentage Increase (defined below) shall be made with the use of such conversion factor, formula or table for converting the Index as may be published by the Bureau of Labor Statistics or, if said Bureau shall not publish the same, then the use of such conversion factor, formula or table as may be published by the United States Government In the event the Index shall cease to be published, then there shall be substituted for the Index, such other index as most reasonably approximates the Index It is the intent of the Parties that the adjustment provided for in Section 4 2(f) not fail or be ineffective because of the failure to agree upon a new index, and such new index as most reasonably approximates the original Index be used 2 "Base Index" shall mean the Index in effect in the month that the DEC is recorded in the Records of King County, Washington 3 "Anniversary Month" shall mean the month which is one year after the DEC is recorded in the Records of King County, Washington, and the same month each year thereafter 4 "Percentage Increase" shall mean the percentage equal to the fraction, the numerator of which shall be the Index in the Anniversary Month less the Base Index, and the denominator of which shall be the Base Index B If the Index in the Anniversary Month shall exceed the Base Index, then the amount payable pursuant to Section 4 2(f)(i) for the ensuing year shall be increased by the Percentage Increase The Operator or, if there is not an Operator, the Party which has or will pay for the matters described in Section 4 2(f)(i), shall send each owner of a Pad an Index Comparative Statement setting forth (1) the Index in the Anniversary Month preceding the date of the statement, (2) the Base Index, (3) the Percentage Increase, and (4) the increase to the amount payable pursuant to Section 4 2(f)(i) Until such time as an owner of a Pad receives such statement it shall continue to pay the amount payable pursuant to Section 4 2(f)(i) based on the previous annual payment In the event the amount payable pursuant to Section 4 2(f)(i) is increased by the Index Comparative Statement, then the increase shall be paid immediately upon receipt of such statement The amounts payable pursuant to Section 4 2(f)(i) shall only be increased pursuant to the provisions herein and in no event shall it be decreased 2644195_1 DOC .-0 r r b 0 M 0 I'IHUI PPMRUD REJURtl TO: UJURNT ATTH: WP H01MNA l P n Box 13n DECLARATION OF EASEMENT pFl 1_F%JF 14A 9Rnn9 The pparties to this Easement Agreement are Campus Estates Homeowners Association, a Was[tisigton non-profit corporation ("Grantor") and Quadrant Corporation, a Washington corporalion ("Grantee"). Grantor is the owner of certain real property located in the City of Federal Way, legally described as Tract "W of Camp us Highlands, Division 3, as recorded in Volume 150 of plats, pages 67-71, records of King County, Washington. Grantee is the owner of certain real r�o�p[�erty located in the City of Federal Way at the northwest tamer of 1st Avenue So. and . W. Campus Drive and legally described in Exhibit A attached hereto and incorporated IIereio ("Farce€ A"). A site plan of Parcel A is attached hereto as Exhibit A-1. Grantor wishes to rant to Grantee an easement across a certain portion of Tract 8 legaily described in Exhibit B anached hereto and incorporated herein ( Easement Arca") for the benc.l'it of Parcel A for purposes of installing, maintaining and repairing certain drainage facilities for storm water discharge from Parcel A. Grantor also wishes to grant Grantee an m easement across Tract B For access to she Easement Area. The casements granted herein "4 are inconsideration of Grantee's agreement with the City of Federal Way to widen a portion of 5nu111 West Campus Drive utilixingga portion of Farce[ A Such rood widening consequently wilt not require any portion of filet B, and will benefit the Grantor and its r.f nicinhe:rs. Go p Therefore in consideration of the mutual covenants contained in this Easement Agrcemcn1, the sum of Ten Dollars (510,00) and other good and valuable consideration, the receipt and Q3 sufficiency of which are acknow€edged, Grantor and Grantee agree: 1. Grant of Easenzenr. Grantor grants to Grantee a perpetual easement over, under and across the Easement Area for the purposes described in Paragraph Z. Grantor aho grants to Grantec a perpetual casement for ri�hls of access, ingress and egress across Tract B in connection with Grantee's activities in the Easement Area. 2 Prirpo-ye Grantee shall have the right to install, construct, operate, maintain, repair 6LJ or rep€act the drainage swaic, pipes, rockery or other types of retaining wall, Grantor �i vcgOition, grass, shrubbery over, under and through the Easement Area. sha1) not install or maintain any other improvements m the Easement Area. Vi 3. Knecht rrf iyrty.Cleariag and Afabyeiiance. Grantec shall have the right to cut and remove or otherwise dispose of landscaping and trees on the Easement Area, to the —� A extent that such cutting or removal is necessary to Grantee's utilization of the -- casement. Grantee shall also have the right in con Iro€, on a continuing basis and by bush .my prudent and reasonable means, the establishment and growth of trees, and ill other vegetation upon the Easement Area which could, in the reasonable opinion of i— -- J the Grantee, materially interfere with the exercise of Graniee's rights herein or create a material hazard to Grantee's facilities. 1f grass is planted as part of the Hofiltration system, Grantee shall maintain such grass. Grantee shall replace, repair and rnaintuin that Portion of the Easement Area which Grantee has utilized to the standards required by the Cliy of Federal Way for a drainage swa[c and drainage system. 4. Pidevyitii_ra.. Grantee agrees to indcmniry and hold Grunter harmless from all losses, danriges, claims, obligations, fiahilities and expenses (and all actions, proceeding, judgments and ssttnrncy's fees incident thcreso) suffered by Grantor as is result of J: Grantees activities performed in connection with its obligations under this p s Agreement. r m O (iD d go O _ F- 5, ConyinuLng fthrnf Easement. The rights herein shall continue in perpetuity and be a continuing obligation of the parties in ownership of the related ro ertiv& The easements are for the benefit of Parcel A and shall bind and inure to the benefit of the parties and their successors or assigns. G. ramnliance with Law. All improvements, installations and work to be constructed or rerformcd by grantee pursuant to this Ease mert Agreement, including., without limitations, the installation, maintenance and repair of the items described herein and the restoration of the property shall be constructed and performed in compliance with all laws, ordinances, orders, rules, regulations and requirements of any governmental entity having jurisdiction over the property of the Grnntor. 7, ccorrtirr Ri lrrs. Grantee is hereby granted authority, and is hereby required, to record this Easement as a covenant running with both properties described in Tract B and Parcel A. 8. Miscellaneous 8.1 Nnfices. All notices, consents or waivers required or permitted in this Agreement shall be in writing and shall he deemed to have been duly given when delivered personally or 72 hours after being mailed, registered or certified mail, return receipt requested, ppostage prepaid, to the addresses set forth immediately fallowing the signatures o#'the parries hereto. A party may change its address for notice b such notice. Any notice sent by facsimile shall be followed by mailed copy with off einI notice deemed delivered by mail only. 8.2 Entire Afreemen . This Agreement, including its exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements anti understandings betwcea the parties pertainrn to such subject matter. No change in or amendment to this Agreement shall be valid unless set forth in writing and signed by all of the parties after exeatit ion of this Agreement. 8.3 FirnlrerAssumrrcrs, Each party agrees that it will without furilscr consideration execute and deliver such other documents and take such other action its may be reasonably requested by the other party to consummate more effectively the purposes or subject matter of this Agreement. 8.4 �nlicahlc Lasv. This Agreement shall be governed by and construed in accordance with the Iaws of Washington state. 8.5 Arromev's_Fees. In the event of any controversy, claim or dispute between the parties effecting or relating to the subject matter or performance of this Agreement, the prevailing partyshall be entitled to recover from the non -prevailing party all orits reasonable Menses, including reasonable attorney's fees, accountant's fees and costs. 8.6 CuurrreWarrs. This Agreement may be executed in several cauntcrpnris and all such executed counterparts shall constitute the some agreement. It shall be necessary to account only for one such counterpart in proving this Agreement. 8.7 Headirres. C,crider and A'uniher. Section headings used in this Agreement are used solely for the convenience of reference and it shall not amplify, limit, modify or otherwise be used in the interpretation of any provision of this Agreement. The masculine, feminine or neutered gender and the singular or plural numbers shall be deemed to include the others whenever the context to indicates or requires. 8.8 Severahili . If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall remain in full force: and effect. r a�.-1111 �a 8.9 Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 8.10 Ed dbirs. All exhibits referred to herein are incorporated by this reference. 8.11 Nonerchisive Use at Intersection with Road, riii Drainage, Irri arson arrd Sewer Easements. The easement described in Exhibit B may cross roadways utilized for ingress and egress, utility, drainage irrigation, sewer and other easements. to the extent that any pardon of the casement described in Exhibit B touches, crosses or joins any other recorded easement for roads, utilities, drainage, irrigation, sewers or other common uses, or the access for the purpose of exert -icing the use of any such easements, thegrantee acknowledges that Grantee's use of the Easement described in Exhibit B is not exclusive, In witness whereof, this Agreement is entered into this Z day of 4dr-CA sT . 1992. GRANTOR: GRANTEE: CAMPUS ESTATES HOMEOWNER QUADRANT CORPORATION, ASSOCIATION, A NON-PROFIT A WASHINGTON CORPORATION WASHINGTON CORPORATION By By t�Y �7,�., Its le ,— Its l W ty m V I 1I I I r O STATE OF 1{-) G - A)f- i VIJ J ] SS. COUNTY OF On this 'ale of cr a a i 199 -2., before me, a Notary Public in and for the State J of r, personally appeared f_!.r-CLi r- r to me known to be the ti b respectively, of r the corporation that executed the within and foregoin instrument, and acknowledged said Instrument to be the free and voluntary act and deed of said �r corporation, for the uses and purposes therein mentioned. �a•��G�-art ESt•�+�'�.•-� Notary Public in and for tl3e State of residing in, County Of � cc �r.� Commission Expiration: STATE OF W/LJ } } SS. COUNTY OF_.�C.n�i �} QQo ❑f On this ❑L� day of 199y before me, a Notary Public in and for he St t+►`-,� personally N appeared to me known to be the respectively, of the corporation that m executed the w tbin and faregn ng instrument, and acknowledged said O Instrument to be the free and voluntary act and deed of.• said corporation. for the uses and purpose therein mention Notary Public in and for the State of .._� residing in County of Commission Expiration: i } liSll l R ll' A THE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST ONE-HALF OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER OF SAID SECTION 19; THENCE NORTH 87*58105" WEST 1166.05 FEET TO A POINT ON THE NORTHERLY MARGIN OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 8501170665, RECORDS OF SAID COUNTY, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 81'45100" EAST 1052.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'18'25" TO A POINT OF CUSP WITH THE WESTERLY MARGIN OF FIRST WAY SOUTH (FIRST AVENUE SOUTH) AS DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 7306070524, RECORDS OF SAID COUNTY, SAID POINT OF CUSP BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 850.00 FEET (A RADIAL LINE A THROUGH SAID BEGINNING BEARS NORTH 77'03125" WEST); THENCE SOUTHERLY 110.67 FEET ALONG SAID CURVE AND SAID r.j WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 07'27635" TO A Ga RADIAL LINE OF SAID CURVE WHICH BEARS NORTH 84*31900" WEST; O THENCE CONTINUING ALONG SAID WESTERLY MARGIN ALONG SAID RADIAL LINE SOUTH 84'31100" EAST 8.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 842.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 227.54 FEET ALONG SAID CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 15'29'00"; THENCE CONTINUING SOUTH 10*001000 EAST 115.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 958.00 FEET; THENCE SOUTHERLY 186.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'08158"; THENCE CONTINUING SOUTH O1'08158" WEST 528.03 FEET TO SAID NORTHERLY MARGIN AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY 39.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89-58137"; E .,�•� •�kti"••:r-w ... -. - •fir... - - ..ti,.: C K%. 0 EA EXHIBIT A THENCE CONTINUING ALONG SAID NORTHERLY MARGIN NORTH 88*52125" WEST 83.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 358.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 513.92 FEET ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 82115100"; THENCE NORTH 6'37125" WEST 386.46 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 702.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY 920.47 FEET ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 75*07135" TO THE TRUE POINT OF BEGINNING; BEING KNOWN AS THAT PORTION OF LOTS 3, 4 AND 5, BLOCK 5, LAKEWOOD, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS, PAGE 35, RECORDS OF KING COUNTY, WASHINGTON, LYING NORTHEASTERLY OF THE NORTHWESTERLY MARGIN OF S.W. CAMPUS DRIVE; AND THAT PORTION OF BLACKS 6, 12, 18 AND 24 OF SAID PLAT OF LAKEWOOD AND STREETS BETWEEN SAID BLACK VACATED BY KING COUNTY ORDINANCE NO. 3465, RECORDED UNDER RECORDING NO. 7711070558 AND AS VACATED BY KING COUNTY ORDINANCE NO. 7692, APPROVED JULY 18, 1986, LYING NORTHERLY, NORTHEASTERLY AND EASTERLY OF THE WEST MARGIN OF SOUTHWEST CAMPUS DRIVE, AND •WESTERLY OF THE WEST MARGIN OF 1ST AVENUE S.W. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. i EXI1II3iT A• 1 SCKLE; I°=100' SW 344TFi �.� fdot U..c 3 ry y 4' i I! .42 o-- 4 Go O GO T4 GID N O 0 EXHIBIT B PAGElOF2 CAMPUS HIGHLANDS DIVISION 3 LEGAL DESCRIPTION STORM WATER DRAINAGE EASEMENT SOUTH EASEMENT AN EASEMENT LYING WPTHIN THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT B OF CAMPUS HIGHLANDS DIVISION 3, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 150 OF PLATS, PAGES 67 THROUGH 71, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 442.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AND THE EASTERLY LINE OF SAID TRACT B 138.31 FEET THROUGH A CENTRAL ANGLE OF 170 55' 44" TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND THE EASTERLY LINE OF SAID TRACT B 33.58 FEET THROUGH A CENTRAL ANGLE OF 760 5722" TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 462.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND LEAVING THE EASTERLY LINE OF SAID TRACT B 129.86 FEET THROUGH A CENTRAL ANGLE OF 160 06' 16' TO THE SOUTH LINE OF SAID TRACT B; THENCE S88° 52' 25"E 43.13 FEET ALONG THE SOUTH LINE OF SAID TRACT B TO THE POINT OF BEGINNING. SITUATE IN KING COUNTY, WASHINGTON. EXHIBIT B PAGE 2OF2 CAMPUS HIGHLANDS DIVISION 3 LEGAL DESCRIPTION STORM WATER DRAINAGE EASEMENT NORTH EASEMENT AN EASEMENT LYING WITHIN THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT B OF CAMPUS HIGHLANDS DIVISION 3, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 150 OF PLATS, PAGES 67 THROUGH 71, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 442.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AND THE EASTERLY Go LINE OF SAID TRACT B 138.31 FEETTHROUGH A CENTRAL ANGLE OF I r 55' 44" TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 25.00 FEET; 00 THENCE SOUTHWESTERLY ALONG SAID CURVE AND THE EASTERLY LINE W4 OF SAID TRACT B 36.32 FEET THROUGH A CENTRAL ANGLE OF 83' 14' 1 V; f10 THENCE ALONG THE EASTERLY LINE OF SAID TRACT B N390 00' 05"W 60.00 O FEET TO THE BEGINNING OF CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE AND THE EASTERLY LINE OF SAID TRACT B 2.74 FEET THROUGH A CENTRAL ANGLE OF 06' 16' 48" TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 25.00 FEETAND THE TRUE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION; THENCE NORTHEASTERLY ALONG SAID CURVE AND THE EASTERLY LINE OF SAID TRACT B 33.58 FEET THROUGH A CENTRAL ANGLE OF 760 57' 23" TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 442.00 FEET; THENCE NORTHERLY ALONG SAID CURVE AND THE EASTERLY LINE OF SAID TRACT B 197.60 FEET THROUGH A CENTRAL ANGLE OF 25° 36' 51"; THENCE ALONG THE EASTERLY LINE OF SAID TRACT B N06' 37' 25"W 290.00 FEET; T14ENCE LEAVING THE EASTERLY LINE OF SAID TRACT B S830 22' 35"W 55.00 FEET; THENCE S06° 37' 25"E 250.00 FEET; THENCE N83° 22' 35"E 35.00 FEET; THENCE S06 37' 25"E 40.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 462.00 FEET; - Tl-IENCE SOUTHERLY 230.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 280 38' 10" TO THE TRUE POINT OF BEGINNING. SITUATE IN KING COUNTY, WASHINGTON, srpwtVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument GUID=ea7cl5ea-28lb-495d-b791-18cd56f5dffd [9/8/2016 2:34:08 PM] !k v Filed For Record at Request of. After Recording Mail to: (, r= C E IV EJ HILLIS CLARK MARTIN & PETERSON, P.S. DEC 18 1995 Attn: Richard R. Wilson t 500 Galland Building r -.. 1221 Second Avenue E)(r,!1E TAX NOi REQUIRED on Seattle, WA 98101-2925 King CO. RO0 pacyty l� COUR115Y RW=N''G01Q,Y --- EASEMENTS AND COVENANTS AC MAr_y A MR VAWYJ-VS AM ACCFIRACY ASStlifr]] nY it1t5T AAlF,p1CAN 1Trm [KsuRANcP-COMPANY THE QUADRANT CORPORATION, a Washington corporation ("Quadrant").. W-4 and the FEDERAL WAY NATIONAL LITTLE LEAGUE, a Washington nonprofit Mcorporation (the "Little League'], in consideration of their mutual desire to enhance 0 recreational opportunities within the Federal Way community and to assist thu City of cli Federal Way in addressing flooding problems that affect the local community and the use 1-4 of property owned by each party, have agreed to grant the easements described below. C2 C RFCIT f.S A. Quadrant otvm certain real property legally described in Fxhihit AA which is attached to and incorporated in this document by this reference ("Quadrant Property")- B. The Little League owns ccrWn property legally described in Exhixii-$ m which is attached to and incorporated in this document by this reference ("Little Lcaguc Property). The Little. League Property was donated by Quadrant to the Little League in order to enable the Little League to achieve its purpose of providing recreatonaal opportunities to the youth of the Federal Way community. C. The Quadrant Property and the Little League Property are adjacent to each other. '— D. The use of the Little League Property for recreational purposes would be enhanced by provision of direct access over the Quadrant Prorcrty to First Avenue South Y and by the ability to provide sanitary sewer service over the Quadrant Property to the Little League Property. a_ E. The Quadrant Property and the Lit tic League Property are located within the Panther Lake Drainage Bassin. This drainage basin has suffered from flooding in the g past. Quadrant and the Little League have both cooperated with the City of Federal Way in the past to develop a Master Drainage Plan in order to address these flooding problems. The Lactic league has already granted certain casements to the City of Federal Way Qua&arJ Grari 0Jr& srmr12rr page 1 of 19 #917211101-90 72W11.00C MMS i allowing for the construction of flood -control facilities and providing I -or the temporary flooding of the Little League property. The Little Lcague wishes to complete its panicillation in this joint flood -control effort by granting similar casements to Quadrant. 11ic Little League recognizes that these easements may be assigned by Quadrant to the City of Federal Way unon completion of development of the Quadrant Property, NOW, THEREFORE, the parties grant the following casements to each other and enter into tl,c following covenants affecting the use of their respective properties subject to the conditions set forth below: 1 SCWVj w 'flle Little League covenants to grant to Quadrant, or its assigns, a non-exclusive, permanent appurtenant casement over, under and through the Little League property for construction, operation, maintenance and replacement of the sewer line extension to provide sanitary sewer service to the Little League property. Quadrant, or ils assigns, covenants 10 construct a sanitary sewer line to a point of its choosing on the boundary between the Quadrant Property and the Little League Property and to extend that sanitary sewer line onto the Little League Property to the approximate location (within 50 feet more or less) designated on EBhib1Lr_ which is attached to this document and incorporated by this reference. Quadrant, or its assigns, shall bear and promptly pay all costs and related expenses of the sewer line construction. In the event of a labor or Q,, � material lien relating to the construction of the sewer line, Quadrant, or its assigns, agrees O to defend and hold the Little League harmless from such lien claim. Quadrant's Mobligation to con Mot this sewcr line s€tall begin at such time as development of the N Quadrant Property begins. At least ninety (96) days before Quadrant, or its assigns. 0 undertakes construction of the sewer line, it shall provide the Little League with notice of W the proposed construction start date. Th.,saver line shall be of sufficient size to serve the recreational uses occurring on the Little League Property and other similar recreational uses made on the property in the future. Quadrant further covenants to grant a non-exclusive, permanent appurtenant casenent over, under and through the Quadrant Property at the location of the then -constructed sanitary sewer line and providing for the continued operation, maintenance and replacement of that scwer line. ]'his easement shall be granted either to the Little League or to the governmental entity auihorircd to provide sewer service to the Little League Property. . Quadrant, or its assigns, covenants to grant to the [tittle League a nonexclusive, permanent appurtenant casement over that portion of the Quadrant Property dcscribcd in rShibit IJ. tivhiclt is attached to and incorporated in this duetu;ICnl by this reference, for purposes of ingress and egress to the Linic Leaguc Property in order to serve the current rctreational uses of the Little League property and other similar recreational uses made on the property in the future. Quadrant, or its assigns, shall not be required to, but may at its option mid sole cxpensr, improve all or a portion of the casement area, in conjunction with the development of the Quadrant Property. At ]cast sixty (60) days before Quadrant, or its assigns, undertakes construction of improvements on a]I a a portion of the casement area, it shall provide the Little QuadrurrrGrant ofEasements Page 2 of 19 , d9172 rr101-uo 72SOV IXx' :129i95 , �a f'1 F _-' I it yus IatiJtil :,tfLs: U+. 1:r. yi►►YLr.YY:Sus13i•1G'sr'st s:� fix: %t' � � :_ '�:� Ls;+. SC.efrtit tsr_ f.1Jtt•_- IJ.Q};er.' Isftf►:'rS:k,:. enl n[tYv,•sJs,-^JJ' ii 111+::�:cJJcrT ;C� x 2sdi xt��:dK tjltr>Ji:AfJ' tr. iL;A4SS1}+fT:. w7ll I@:'S v; x'itir 11. T2mr,Iv,=Gu fv'�:Fr.Ce': -w:t~+ �lud ppf►tGrsi'. tfyrcti �J : 3srt+tnv�,J �''tir►�y p�ac .xl ux -r, xr --wn -.-Pf=eA UVKis':'• <,�trGtSiron'. w Jt: so?n�c .11�` 1�-{Lll%%L'St.� 1'IF35�,:.� II f.0 `��SS :!1 7•f1C s: y'1tYkt� tt3it' tft5 mnnuwJl, or poi 'J� �YLia[r•C7! sR?13 ; .aCe '.atcLF.:II til: tfJ jKG]rfif:ntiiUJLS17L.i'.f V7:lie i s 1G�.iJ�� .�i1.1 Id df s:v7� vs:,[r.•ibtsx Wiii: �'Jl; j' . Y�JJt'L'S 3= a� u''iJc mid �r►s•J�.S �7Y.a�^G � x til. 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JY✓T.i:+tr '�!:,�:y+. �,rr a� ^�� r.-. gsfll:tilii; tl.:,:::►tf.au=1• stifti. tie. ;.aasr 7Ft'Ji[lii+':v, ...[�-cr . tin' JAW-.: Jatf lr: Kid 202z erc:tarr = t :�'tL' Nill':il 1S ¢!lis+:7,':C eriG ell:V[jlLriti:T. iL•1ill: Ll.'►f1W:7f' ice• ZJJ[: �-wrJ" ..YG/�.�= 6S }Us7ji'L't iV f�[ 1•:N itJ,G if'r'�JVL'd V� fIt•."f.Jlti V`. � S'��d 15F' .i. r.7SQv:• II 'Y.l. �.stL': :tjtifJv"va U• tip., f.ltS V! i i3Ar'ii H';f, 4.,tµrY4Jlt.rl t;eV.11�r. dL^re: ri lip, �q— 1 -.e itl':is S[l19js:':t iV iiii: L:is;•:J1�"SY jai: L:;r:'aV.3 11 ''-'•. _�7_ r'+ ,r. SSC..IC.�._I.t�l� �J•:'�= ,• LlHlY.tSt ie' itlll':!Iie ve. 4S• :. f11 t+['Jt+L'i: til: :[:d7,�':• GL Irr 1T:i:i:T:i1T �l fJ:i�+t'.r S�J;?: '(:�..5.1..1.i3:�. � {ir ...: A. iJFlp l!:• i':lt�rri: � s,•. .et+,i!' 'J:,1tJr.:wtsr.' Jr.:t«G: •a: 'JJ:u`X1.S r J.: �:::�t y.: i,+C ." �r� i s fIVVi'. Tia•:..S;ti::J.it�u:' }'SLr*f.•!t� SJIJ:s_=)'pre• Si•JJii ..�ifi: �w:,l.t .'^.yL' G �:rJ'f_ �...-.-'-'; llr.' L1:YI�f: fiLll+ :[: Yr' iriJ 11. ti,': psGSY. f: r��� }...? IfJ:' :�•: J i�i Jd�.r� X � _ NiSIITI,: , YIsSiS!"l:Ji.:. ,us tStSu:rV7• v1 fir. xi:r.It s1t:113 ierGf :tet[ pt vitrjlii; �F; ili::irtii: aLt-'::.�JfI:Y.: ..•. iJJis.L :: rT.ISTfY �:r :;J: �.r-- 4:lCfiir+Jll I:tSfillfs: it.:=+: C+::1: v! i• s tbi/ V nam i::f a1:1 we's:4 's: Z4 i 111 SiV: J:: Sit:lt11l1V1i tit':lill �J11isJJ:p:1'. Y 1 i+:..S:3�.1: .a+J;�%.. .. lief ice !J:•1gU!' Ili7.r1:1i4i: 11V1t :J!. •.VS': tlL:• ;:if'✓lilt:: s7:Y. �.lii ,.YS T_.� iiY:: �J�,�rJ.•; i,, ,'. l'i1V71: :C1�':111: il• �': r: Vil, �' iU:t i:'1:1�1 �' 'Al"1:J�J:; '.! J:'.';_: :-.. ._ ..: J, ✓... —. • M are reasonably necessary for the construction of the insprsrvantents contclnplatcd by the casements described above. 77mc extent and restrictions of such easements shall be ncgoliamd between the parties in good fuilli. The casentemts shall be granted within thirty (30) days of a written request [o gran[ such an ease msnl. Suc11 n rcqucst shall Ira accompanied by adra4 of the proposed casement. No consideration will be required from cilhcr party in connection with the granting of such easements. 11to party requesting the grant of the easement shall pay IIte cost ofrecording such casement and the reasonable costs incurred by the other party in reviewing such run casement. 5. I laid Flgrinless from Licag. Each party shrill hear and promptly pay all the casts of construction and maintenance of the improvements to he constructed on the areas subject to the easements granted above. Neither party is aulhori7wd to subject ilia property subject to the casements granted above to liens of any kind or nature. In the event of a labor or material lien relating uo the conslniction or nmaiilicnance of the improvements constructed on the casements granted above, the party responsible for the imposition of such a lien agrees to defend and ]told the other party hannlcss from such lien claim. fi. L'rsU iy jttn oi' . Upon either puny's request, the other party shall promptly provide as -built drawings showing the location of all improvements L� constructed on the area subject to the casements granted ubove. L'J 7. Mainly nancc of Storm DetrpI ion FasginenI Arco. Quad runt. or its assigns, 114 Ca may from limc In time remove vegetation, trees or other ubstructiorls within ilia area ca O described in listhsbit L , and may level and grade that area in Ilia extent reasonably neussary to carry out the purposes set forth in Parugraph 3 ahove. Qundrant, or its assigns, agrcvs to bear and promptly pay a costs wed related expenses for rest mrution of all portitonsof this area disturbed by the construction, nperal ion. muinicttunec, repair and replacement activities, and to lundscapc such areas is accordance with con strucliins plans apprnvcd by tltc city of vederaI way. lit dmt: event of'a lulxor or malarial lice TOuting 11) the lnairiteriance of the storm detention facility, ijuadrant, or its assigns, agrees io daf cud and hold the Little League harmless from such lien claims. No notice to Ilse Little league ..hall fx: required for regular or necessary maintenance of die stunn detention cusemtent area or the related facilities. The Little League may undertake to iuuke ordinary imp►avcmenls it) she Innd;;caping of ills urea, provided that no trees or other plums shall he placed Ilmeremn which wiiuld imtcrlirc with or Compromise the function tshtkic ! twrrnwsrer lacililiia or which would In unreasonably espalisive or impracticable liar Quadraw w remove and re.aore pursuant W this paragraph. 8. . The purlics shall wordinate ilia d; ics of the can ;Iructiun of the improvements provided for by flie casements granted above. '). Wuri iiwi lards. All work to be perlimned by ilia parties on Itie onprovcniemia provided fir by Ih: easciltcnls granted above skull be completed in a Lavelal :nawi:r coitsislew Willi industry snuidards, free of elaiau s or !cells. Upon Qua,IM1lr 6ral r 11, Fat 47A.1BU ri17) utai1x, n.v,o=inx ]driers page 4 of 19 a et1111pletlon a1,colntr eIItill. Ilse panics undellaltiing the evilsiruciion sl[is II fell luve all tic lrrirl altd reetort: the sssrface 1:!'1111Isc ponin,is urIlie property 111111 11uve not becil impnsvud or lundscupcd as nearly Its russsillty IA ibe erudition in wlliell it wits fit lilt: contnlcllr:cnicllt (IrhuelI work,1ni13 sslaII repi ace any properly corner monuments, survey reference!! ur hubs whi ell were itisturhi:d nr destroyed during canlstrue ti+m. 10, J.lY ,=d.L,vajY io. E:xcupi us ❑ltic rwisc IasthI)rized liege in, the parties sijai I at all tlines erndtui the activities coil tcluplaled by 11W cascntc its grunted above sit Its Ilul to unreaamahly inlcricre wills, Amtrue I or endanger Ilie ollier parry's operatiuns, file iiilies and invJIces. 'IItc part ic%shutI tit all times exercise the r'Igiits grunted by these casements in accordance with ibc requirements tits from time in time antcndcd) orall upplicalllu slallitcs, orders, rules, and reguiulions of ally public authority having jurisdiction. � 11. &ILledux• lit Ile event that Cither puny matcriully brcuclics or !ails tat perfurrrl or ohserve any 111,11IC III uteri ill terms ulld coltditinus hereiit, nitd fuils to cum: sued brunch or dcfault with iis Ili'let y (90) days 111,writ tell llot icc 111crcul; or, il'nat reusoltubiy capable of buing cured within Ouch ninety (90) duys, within such nthur period of ¢fnle us may he mustlnublu in Ilse circullistallca:s, the nondelaulling puny skull Have all rcotedics I,vuiluhlc at law ur equity. Neitlicr puny's failure or delay in exrreisiag tiny sus t rig it t7 shun ►eafvc imy brvach or dAtli 1 arlile easenlenls grunted above. QI2. lfljrsj-jltFiy1�1i111h7 'I'Ite parties reserve all rights with respect In it►cir CD propertic%, including, without limilution, the right to grunt cuseutcnls, licenses and 0 permits to othem. provided, Ituwavcr, such thiril•plifly riglns,,hula not ronliicl with the right:, gralited above, 13. Aillum: a1>il # wkwility• Balch party agrees Ile indelnllify •old huld dw other pan Ili ll its ofliccrs, a:jopt oYev6 Bud agcuts hurlilluss I.r&1111 and against uny wtd all liability, IIi$S, ditinuge, cxpe11sc, actions alld clunits, including eoslu and scast Ili ablc "tic naeys' lies iIwo 1-fed at defellSC IIlervol" IIF1M1nlg Irma, 1`0511h11IU1 IgUllII or eauncrted WitII 1il'. eNet cihe by tIC thirty oft FigI115 ctllttained ilI Ilit: ciiseIIkulIts 0rul&A at) IWe It Ills extuI)I tIlilt such Nubility, f ass, dlit ulge, cxlwllt,c, It: tir=I or claim is guused Isy Ilse itIlei tinllai or Ilrt:ligv111 aci. rrr:irs or Iwlissi4irts of laic lie IiIIg party. Its ulliciak, Iitlicel.N, CnIhIU}'ees, I1l!C111ti ur vululllcels. I'f III511ullix Dmiug the+:+past: ill'lllty 431'Colimi'll fiuu aelivilivi r,ullrinllllnetl by the 4ilsenlcttls yluated uhoveluid lihor to Comincncerllent Illcicol; Iht: !Holy linticl lafi-irle tilt cuntillnetiial tilluli sulimil to ill%: otbel puny eel Iifivalca 111 11mulalwe ill it itt11 111lilt i)vC11 by 111c I11bcr pony cvideiiviIig toil I tilt: Ilia ly lni+ll:rllli.i119 11le CUP tslrIV. tiva 1Ir its L:aOil llaclllly liave COI ll1lcicild KvI3clat liability nlvtml};e Iiilrllafngl IHulul linnI ct1111nrelunl lialulily Covailt;e) sutisfiselory to talc olbrr bitty ►tills Hiatt. no lc:,-, 1111111 lilt: IL111mvinl�. Q11.h11,1111 a i l dill 0/f,114•111rHu Intl',c i ul 19 e'111l IIIli I ill J.WllI lNv f1.414f A. 0 m Bodily Injury I.iabilily, S1,ll(1(1,U1111 Cad occurrence including uutoulubile bodily injury liability Propoy Ikunuge Liability, f I,IIUU,UIIII cucb occurrence including autunwbile properly injury liability I5. ,jyyl yur . NL:Iiilvr Monty ntuy ussigll tilcir rebin:etitae righib or cltilibl(lin119 ulld(:r Illi6 agrcenlelit WitIIUul Ilse prior Writ1911 Coll lrelll ill' 111e 121 111V ► party, Which Coll srlII S1Ittil n(II bu urnustrluldY wii11111:1d; III uvWcd, ltuwuver, II"it lily Little [.bogus C11115u111S In Ie il8sisnnlcrl elr dedicLit lIII by Quudrlrlit ul'ilIc rights Winnrcd uhti►e to tbu City ofI"Cdcrul wily of lu uny utlyc'ramunlul clllity ur gVIlcy lllul 1ruccecdb ill Ibe +IzlrlaWitter cur trill lIII lcriel[is currrrlly uit] crlahL:lI by Ills Pity ill' lv:dcraI Wily. 'I Ile aaic ell'IIIV Oil Ildral 111Impelly shunt lust he deeliled I be lu( I"sigluncnt of' i1s rights ill u I lit iIll s IctluiIing Col scnl by 111c I.k111e League. I1). Saceessula,. Subjvcl lu lilt: pleeedillu hucliull, 111c I'lghts and oblipallullb ill p� the parties sbull innrc nl the bench, ill anal be bolding upon lheil respel:iive buCces+ul+ [rj iald assiglw ��� l'►. ,> _ run}' nunee pluudl d till ill Ibib Il'lculuclit.Moil Ise ill +,1111jig and (� skndl tit.: IvIbuurdly dcll►t:lrel lu 111e Ral ly lu IW ali tiulilicd ur sllull be deli►'ell:d by a 4:011111turuiul uverlliphi dl.li►uly bet►'lee: (c.g., federal P'xpless) ill blulll Ile cicalla call) nalislrtitlud t ile"ly ill dw p.0 ty !u he (Iulihr el, dot aed let file 0"IS:bb tll' the ptall) III b,: b,l nulilicd us lilllimb: I he (;rddl,ull ('naptll.lrull I'CdvIA Wily N1111ural I .rune I u',ll'ut. Wallet 1' 1'1,Mr1111 Ilcldl hLlurrbb ( 1(1:1111.1111 k'I,I/.I. Slllli )(Il) I I luu N I' Blh 1911 J W (',lu pub I)n(i, btu: I.1 liellil ur, DIVIN 'll;ru') I'e dil,d Wul) , WA ' IrI{u! ► I II. (!I?n►I,•la 1;+'ul I•,ta 1!(IIII '. .11 I.I 1,1 111111y1 Lal.l`I,u1111 I'cl1l:. nl, l'ti lilt 11.10 It 111k,111 ?IIr ( i,(ILn1.l 1tu111irll! I 'I St,4110 AIiu,n Si.1111i, WA 1I61111 Ito, (l11011121 / Ihv Ili Im111t:-:.11.111 i)1.11I,I, 111111.t Ill .illy,11-111 ,II .U1:11i s„It-, 1114 40111.11"aI1 (tiula i blhal Ili I'I I"1 lit i lllhgl Ilw d.IIi %'I lit i 1111 ill hula i 11) tlil' Ihal) n1 111-11 Ill, .I 11, .•1 (h1.1.1r.,Id,i.�rrt 1,11.n. n,�r�n , .l [•. slel+rcr}• ul uuUu to tfat: Adicx, bct furti, jiim6c to., IV me. Silt, At *,i,t.st.r1 Ic+.csct s�ulicx u1 cl;ac+lrt of uddtu: 1$ 1+Jlssalln+etis►� 'i lu:• uwwi,cnt :AWX ix gv3,vrucit b; mud ,ar wsdal+a wsti+tiff do hiwy of f In SLt:c of f ,!Lj1Il1jy uf, La�pU'�-w 1t 1su: �►+t t+c luacttc4 uiilj 1t6 it 1Iidll,I u1 ualva:tL'Cutk atlti Svc stiett:ulr. Isud w 1ed wily d;lii►r, ur liusis liar +tsLur, u1 illts d"wiso mn¢ ioc from s►r u+s.d:i.1"FY'r�'r',v Uw- d"t; licitt. 'I110c l+• Of � caK 11cx Ili it{lfillauy fiat Ufliagua►ari: ° O S� a" •tiuULUOW, Ito go" F � � :� J u ,.uf+iyiiuuy n++}' gcc+ud of 17si1Y }ciuv+dcd 4us +a {liaa ct to Siimc b X 1� ���� t vuiufau4►liwt of Uu►c li: [ i' LtL►1'its f1►r oujar:Rcr .us �lrtPc figr fat. uxrS I lai:. dcr'wlac+ts a.VI1L1tN: fir. s:iaGsa py,se�iia�ut +Lesaaf;.rra+ Sax #+fix �+ {,p� �t►uddreatiS:'w <• Juts rcrlhtl ur UOXJ xylrtxluxflu Wli►+:lt ►usrd+f; fisi: d'�" u y, u dusu++l~:itl ssivat fiat- mask• lip wfatlny 4bW 1AJOT ix iva, t uc do. PMAY Co. puc usi ► ian:d ivasl.d. lzrr rii[vi+.cuwut u1 da< fut.+e4ilieis:lvi: � aysfl,i+' f ' icuiaiudc; u1 flu+, ducw►ec+it �,;si1 !K uu' iK .tflwsr:Cs yad �U :,;x►tfsaur yuSwlf Sesu n+.>; c1 i.-i slit i, J I Jii 91 J I � WA VILA � JJ I 9 5 ■ 0 V4 G fill I.0 170 ■ m SIAIll" OFWAS111WHON I SD COUNTY (W KINIi Im Illib Jay pcllunlully uppwired bclurc Irlu Waller 11, I'ublulbr, In 11111 Won lu ho Ille Senior Vice 10rub14enl 11l• I Ill' l 1A11RAN'I' I'111019litATION, u Wubhiumllnl I:.,rprNuliml, Ow curp+►rulllin Mal 6:xeelt1e11 the linevilll}S lnti+ru1ue111, ullll M41PIWIVIlgcJ buck illbllmmoll Ill be II1C Ove and vidlaiibry ►1el mild fall Id blurb esillKrrmlimi, Im Ihl: ubcb R allll III►rl]l1bCb III.. -Mil! 1!!1'rllillllcd, an+l 11111$4111 blaleil Ibal 11c WON duly 1111111f1f1/cd 11) exeellle bush irlblrlllllelll. /4 INII AND uVl;lf IAI, NPAI, lhlx,,WZz-may ul , 111115 1 Misifi -Nulli ;j-�-Fv�/ 1 N111 AIIY 1111111 , IF) Find fun fllrr We Ar wollw lun. I eb1,1111�'YI •�447nIi��i*L � Md I u1111114611#11Vxpllr'► 'i I A I V..111' WANT 111401 ON 1 DD r 110111 Y 11), HNIi on Illy Jay llommally uppca►lA helllle nu: 11clih Vwgj ebb, IN 1111 bnnwn Ill he O I+L:,14�m++►1.1•Ili'11AI. WAY NA 1111NA1.1.11 I1 I'. I-11A+iIII•, a W;lbbnllillnl nunpllllil 1,l1 rrdUu►1, Ille I1011Il1uIJI 11+Ipl+fstlulJ II1111 V)-1'L111r:11111r• 1111clawflu IIIbIr111uvol, u1111 illlwl-•4jY1ed WMI 1115II111Iktll Ill ill: Ille 1m: sill+) V11111111W Y 111111nd do.:o! +11 bui ll ul71lp1ulll 1gh.111 u,1n, I1!! 0Ie .lbC, alhl polit yw%, IIIcICnl 1ile1111111p•+1, will 1111mall bl.04,11 Illal h1: 'hnb ,luly .u111uu1/c,) I'$ OL- ule h+11 IF 110-1111114-111 + ll'1/) N Ulr'11 11 1.4Y IIAIJII Ai111I/I'I'IVIAI W,AI Ilub iluy 11 ILL'.-h 111}'.loll ,+■�. ) 1 : f i+r! F 11 Y PI I+if vidt o1+i11ni,Q+�f l.iflY l,I w! �I�•I-h i, Ill i .,., Ln m lW111E1'1' A ,A) 110, I UWl' ur ANTE 11EVCNAW.; T'HK I+1NO HEFFJiR1:D TO , IS SITUATED IN TIM ATATF. OF NASHUGTON, COUNTY QY KING AHD !S D£I)CRIBED All FOLLOWS I w VAT PQIiTIOII Or TJEk XMT 0119-WtLF OF OXCTION 19 TONHARIF 1L V011171, RANGE 4 F.]'.ST, N.N., r1[ 1Cx1Ia COUM3'I!, WAURNGTOH, HORX Ph=ICUL 1i = DX WORD A$ rOL1 OHt3 i COJOURCING AT 'PAZ BAST 01(x-QUARTER. Qr BAWD sKCTION 191 THYNCE NORTH 67'0al'OAN NX6T 1104,09 FEET TO A POINT ON T= NORTHERLY HAMIN OF THL LANDS DESCAT090 IN DEXD MCORDRD UNDUR RECORDINR NUKUXR 01501170066, nCORD9 OF SAID COUNTY, AND THE "U9 POINT OF 0901111111101 THF.NCK SOUTH 61045000" I=AGT 1052,64 rrXT TO TNF. RX01HNIl1G OF A CURD CQIICAVX TO 17JE HGRTIMUT HAVINO A MDIVS OF 30.00 Pgkv1 THEIR'r F.AtiTF.RI,Y, 11OXTHXkjrTXXI Y AIIQ ll4)i'llffflby R 4, 67 7M— A I011a LAID Ct)RVX TMOU4ll h Ci:H7HAI, AII4FX of 4i0 • 1ti' 28" TO A POINT OF CUSP WITH THE N46TXitl,': HAR0111 OF FIIUJ'F.WAY POUTS ow I VXMT hwilur 001TW ij hu D>r6cBruD IH DI:SA ItY.conro UJIDLJi JaE><OADI11G NO. 73000701524, "C0905 OF tihTA CQUI171Y, SAID PUT OF C1)flp 3XINQ ITT bKOIIIN'L114 4T A Noll-T)WOKHT CURvz COIfCJ►YT :'A 11114 XA07 9AW110 A RAMP 4r it 00.00 I7L+1:`I (A RADIAL I.XHX C� TJ1Ji4UGN BAIp l3g0IJfNIIiiV HP.MW HOH.T)f 77' 03' 30" W96T) F wt 111141CZ 40VTaiJ R.III 110, 67 i'XX'I•' AT1W110 ,SKID C AVIC MID "ZD C� i4XA i^gR 4X WASWIli 'nI510u" 4 CCN'J' L Matyl tr OF 07' 7 7' 7fF" TO A "OLAL r,TNE QP SAID { [JJiY1 Hla1Cn adL'd i6 iaOizi?f a<' 71' O0" k];$7'1 TJ ICV Q9;ir'1HaJIIf4 MONO SAID Vg§Tl:"y HAIWlIf hWHQ S7►.l' D Q� )iAGIAJ•, III: 400'l1 24' 31' OG" "dT 6.40 VXXT To Ttlg >3J:07.FUH4 r?J? A C1 yr, iC.O1fCWK IJN) T]IX kAOT NAVxIIG A MDXUU QF 44R.O9 YXXi'1 'J'JIY.JIr1G IiC1U'i'aiJ.RI,Y MD 227. 04 :•k1T XW110 an)) [.'UltvF NIP 5RI11 W1:RTIRby KhRrUti TPAGIAM A ("Tkt" AVG'Z OV r�+'ZP�a9"1 '17Ek-lleg CQIIT;IiU711$ 600% 10'00'00" YJIEyT 13D.00 1'•xxw TQ THE Ugi:uNIN4 Off' A CUNVF, i�oltr.AYr 7,0 -i711! 1195T 11AWIlre A KADIUS AI' 964:94 FJzm 1,01+Har,, AGUTIfyAldY 116147 1'►:I:T W)INi UAII) wAVY InIAOIJOR A r:x11Z'bU�I, A1aGJ, , GF 1I' 061 Ii6" I '1',iXHCJ; ruoTTJtUlli4 IIUIJTV 01'riti'7as" 8 gwr D1s in rj= 7,0 14,11) V0101113Y.'Iti,X 0).xvIl An Ti]X "sJimmi4 Qv I. 4'WAVY,, COMM TO 7'J[!w IIAytT'I;Nr:aiZ` Ilk'Vl iN h MOM OF 2b.00 YWi l I}Er:ifCp: 6 u'ril"I,Y, hl;) 'AI;eS•apl.Y 3f1. RD Ya:rT kWiEt; LAIN r.UitYX- 7110"0141 A ck11'rmN h1I4Jx; ►d killDLi'37"1 i:. 1,.J pat - ,•fir A, O A L�J T7i>~H" CONTlaulHO MAIIO SAYA HpRTnRLY HAAQXH NOFLTH Ba'52';W" WE= 6,63 YrET TO TI[X B+OxNNING or A cql VE CONCAVE To T'iM HORTITI MT RAVIHo A RA-DIUS OV 344.0ry F=Tl T=CZ lfSB'ICALY, WQRTMfXST4RLY AHD FORT} ,Y a13, 93 WZXT AIAH4 SAID CURVE AND SAID NoATRrRLT XhAq -H THROLgff A C &L MGM OF i2 ISIOW11 TI#.NC>C NORTH 6,37 o2bn WRET 346,44 FXZT;.TO THE B Alii ING of A 4`i] 79 COHCAVE TO Tilt 19017TIWZST HAVIHO A MXall Oa 702.00 F£FT 1 TXFNCI: N0RT?tF.T1L9, H4Riii?f &Tk14I.Y` MJD WEa7TR:,Y 97o.47 k=T AWH4 SAID CURV9 AND fihlD HORT}d>~RI,Y MAARIN TUROUG#i A CEI TRU hHcallz of 75107133" TO "nit 'TRUE FOIFT .cF aEGINHTHcil PRINQ KNOWN A5 TUAT AORTIAH OF MTS 3, 4 "D 0, avacg 5, T+ nVfOOR, ACCORDWO TO Tlf& FIAT `310WO;r FtECD?= III VOUM :6 OF PLWA, PAGE 35, WORDS OF KING COOZITY, WMHXIJG7.'AH, T,YXHa HOATHr rsTFRLV OV THE op J3.W. CAMPUA PRIVY.1 AND TI[AT rORT1011 OF ALOCKS 0, la, 10 AHI] a4 OF riMD FIAT OF LAKEWOOD A.HA &TREETB p"w9m SAID AWX VACATED If MKO �y COUNTY O"ZHxHcx flo 3460, 3t£Coftm g3lmk RECoRl ma I40. C'? 7711070agi AND AS VAMT90 ICY KUQ CQUIITY ORDIHUCK NO, 7442, . ]IFBROV�p JU�,Y Lf 1066, 14TH4 HQAT#OLY, NoAr'H7.ASi`rCiily MU) !� UNTMY OY "TR 4X6T WOW OF ff'%Nl t9#T CANFV9 1'3RXV9, AND C WiZSTXR1,Y OF�rTKT4 HTST XMIGXI{ Of IST AVFSU R.W, C7 AXTu4TA III TUX COUNTY OF PAW, ATATR OF WAAHXPQrOH. 1.011141 ►,, I,.2 I. .,I , 1,1 ..+ I'l i m E x If I IJ 1 1' "it" TH08E PORTIONS OF THE EAST HALF OF SECPION 19 AND TjjE SOU'1'HWEB'1' QUARTER OF THE NORTHWEST QUARTER OF SECRION 20, ALL IN TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLI.OWSt BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, CAMPUS VIEW, ACCORDING TO THE FLAT THEREOF RECORDED IN VOLUME 101 OF PLATS, PAGES 21, 22, 23, AND 24, RECORDS OF KING COUNTY, WASHINGTON AND THE NORTHWESTERLY MARGIN OF FIRST WAY SOUTH, FROM WHICH THE QUARTER CORNER COMMON TO SAID SECTIONS 19 AND 20 BEARS SOUTH 19.28002" WEST 302.19 FEET DISTANTI THENCE FROM SAID POINT OF BEGINNING ALONG SAID NORTHWESTERLY MARGIN, AXANG A CURVE TO THE SOUTHEAST HAVING A RADIUS OF 050.00 FEM THENCE SOUTHWESTERLY AND SOUT AF-PLY 422.06 PUT ALONG SAID CURV9 THROUGH A CENTRAL ANGLE OF 20'26159" TO A 11ADIAL LINE OF SAID CURVE WHICH BEARS NORTH 77'03125" WEST AND THE B9010HINQ OF A REVERSE CURVE CONCAVL' TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET 1 THENCE LEAVING SAID NOR'1'HW96TERLY MA1tGIN SOUTHERLY► 001.1'911- NASTRALY, Atli) W138'1'E1ILY 44.67 FEET ALONG PAID CURVIC THROUGH A CENTRAL ANQIX OF 6b'10126111 T 111:NCL+ 110iffil 01'0'00" WeBT 1,344.011 VeET TO A POINT ON Tild NOHT11910-Y MARGIN OF M. W. CAMPUS PRIV9 AS D9SCBT119P IN 01491) ANCORD911 UNDER REC0VP111f1 NO. SbO117066b, NUCOR00 QF J[I110 COUNTY, WA8111'140-OII, VA1D POINT IIk1iEINA6"i'!;R PtYkHHED TO AtJ POINT "hill '111911C): J.EAVING SAID NORTHERLY MARGIN NORTH 08'1610011 EAST 411b.00 F91-3' 1 THENCE UUII'1'11 U4'07'2111 EAST JJJ,Q9 Flr9 TI THENCI: NORTH 60' 14 1 0011 EANT 60.04 1'EE'1'1 TIJENCE UOIJTH 74'bb142" LIAUTJ' 431.b6 k'99 T TO TlH9 WJ±0'1TN.I(1.Y 1UU1l1J1w1(Y UY UAJD III -A TI 1'III:HC'1: AII)IR; NA11) WJ:1;'J'kALY W(MIJI)AItY THE 1-OI.I0W1111,' '1THU COU118LIJi1 TlIk3ick. 01JU1'1J J(1'Ju1u0" VAbT JJJ.03 k7:9 T TO Ali ANGIX V061111 T111iltli 1141 T111';14Ck. IlUl TIJ 40'Jt•1«+i" kAWV 40U.01) IT.43' TO 'JTIJI: POINT Ole 01-1Q11111111+; Ali1J tOWl'A111114; 93'1,09'1 t;QIJAJt1' VEJS7' Gtl.4JHJ ACNkIJ), 0009 UP I.k'IiGJ 'J'0+4:'1111':14 WJTJI Atl k:A:+I.MI=11'1. VWt 111ti14Ji0tj Alill 1':4111•44i ciVklt A IJ'1'!+J!' +1J' l.Apl) t+U.1J1) k'J I:'J' WIDE UV4Jt 111111': FUI.II)WJllt; 143J411191i f%EN'd'Eltl.11ll:l I4.+;11JHJH4 AT POINT "A" AN U►-'4 t(311bVI) AlA VlsJ T111':11t'I: Ilul4'J'JI 011'41,ftl+,l' 1iAhT 4iJb.e4 1'h'I.'T TO TP9 T91(HJI0J.i +1l• I;hJli I•:A691iE11'1' t'I:N'1'kltl.Jii1: AJ11J PlioN tiAll) 44;I Jlsmj SA1!) QIIAJ'9'k:lt coi11tJ'I+ (1)"NON '1'U NA111 ak:t-"l'JO Hll J!J AND ;10 bVIO d UU1411 67'0111111 FANT 1,4814.04 I-T.' T JJItiTAN'1'I 1';1C+'1.41' A14Y J'fJll:'1Uli OF tiAJIJ J'-A1;1:MI=1J'1' J.Ydtl+i WJ'11IJ11 DI'Tt'14JIll•.I+ MAIN 1:1'1'UATT.' JIJ J'111 t1'II+H'1"1 u1- K111+;, t;'1'l+'1'1: UY HAti11JN+;'FuN 0 2 In 0 0 11 I•\Illltll "I'" April (l, 1001i Lmcw PROCRIPTION FAR DROWN AND QALOWI LL r4 HORN Ili A I I 111 F I 1=Ar.1111: NAHKINO I OT FHOM Hilts I- WAY NOW I'll (HhVltlkkl) PIluti;++rrilrtli ill Uu, tiusllhuu4l ilululur oilIllu Nu11110441 g11w1lur, uml ill Ihu Noillltiilrl lyunlhtr lot lil+rrlti+tuN (lyllrlt#1 trl tiut.11nfn so, uwllwhl RI Nurllt, lINllpu 4 t:nel, W M , Mill lanugy, H'libibiilll(11/Ifi fllspl'itlilir) 114 (ltllilwit; fill I#1t111rlrluul 01 lJl1r 1 11+plltrly 1,11rrlt#r ilk lfll F;O, t+iIII 1pllll VINw I livlttlilf l Nu-;1, il► ;011ultij r� If1 I11u i'lld lhur11I11, ►ul:ftrllt+ll INtntvH111filt# l(111 u1 ltlltlul Nappli I 1 ih11)11211 Fh1 {(utlu11f11 us Mill qr, (.1+11►111, VI11+1111ufilf,11, Iirtltl Yflrlr,ll still lirukl Wliblully 1 lr11u! [►! 1111111 lilt 0 tiu11l4 N 4443H74" W, w&I f+lar.l till Imulli,i iJ illhu 11I1iFl41 sir; Illu N41111wRIi llthryin Id 1'11I11 Wily Ha11111, Il11tI 11 114104 rill Ilfrr jiff, fit ti W1fY1t, Ili1t fa111111I 111 vi1111.11 k1Nillo 11 �{fJ,W0,9h h I IImlIt.11 bif! 11111+tt01111l ►11t+l1p istill1111it11IWN411tdj� II)Ill jlllt 11IfIp11 it Ihu 14111 its li 1;1awt IIt ItIit 1u11. kill+1 1.uril+ 111i•Illll 1 1 Iiii 11j filth fill lulls, 11$11111(jI1 it alI1111111 Nit(jIQ till 4irbll'tlI N 111Yi11N11 u :.I r4+`+l1 rill IllllI I'+ 1IIit 1 +I1N iismIII I+1 IIt4j1131laq 111 111u 1114111,1111aIll 111mill 1111141 Illr+ll+.+i 14 111 `At: Ill!" W H t114 aimaj M 08.1111111111 111 11 1whill lit wayll; 11s1+10.11 VItl11l"lly 1tlnnp I1111 till; ill 11 t,111vu Ill lllu INII, ull i1 wilvil Ilsivllttl 1i III+I1114 111 1 Ih'sill 1t:111, rl11r1u{Ill r1 f•ufrlI if Ili toIIr;If 34"ri!lYl:1" 13 111111411S:N III I11.1111 luItI If Ill Ifu1111 1is IIIVOIf1lI t 1tIV11, II11a1t1.11 vil Wilily t111111u 11111 luir its it Culvu 111 Our illgIlk, t+lllt(1 ulvtl itivllllj ill fill1111t# 01 "'lilt till 10.1+1. NlrtoIOil I N 1.titllrill 131111114 It1:111' 1PIA" it Ihis INIlt:fl lit 114.11,E 114uI Ili 111 1$)fill ill I�ominIlllill 1.111vu, itrui, Iffin,llsily iellllgl GIII 11l+, i111; 6111911 Ill 111R Hillis, 4111i11,lilvu IIIVIIIII +I Iodbi4 ill 111! u11 rf.1.i. lrttlit of) lt t11.1111p111 ill IVOP f,I III h4'11s" t11114141it'll Ill hV 14 fl!ul, ! 1111f1r.r+ 1I ri I II' 11 w 1t illklrilii'u lit 11l4.(tl [uul, lr,++llr•+r II 111'4It' ItW' i! fi IItblal11.11 of 13 lilt Ii1Hli I lrtrlrr a ! 1 10 1 :il' 3'1" I- a 111k{14111.0 u[ fb:J r 11 I11111 lit Ii lullil Iil 1.1ityit, f 11t,irl.0 I-1tl.lurl/ 11rr11t111j lilt# loll; Ill I�IrrYt# Ill silt# III1, pi1�11 1411V11 11HVN14 tl 1111Ill Ill III 011' r11I �, Its 141111 it lyd:l !1+11!+rllp.it tI I 111 fit Ill IJ411010 "i1+l1(1l if kllw tllll, lit +I t•illvlllt it'll 11110 l I lit" 1111111, uli l willyu Itilv1111I fI Iitlltltul11I1,1 M fill] 11.1.r 111►1nlfill is 1•+1111MI 1t!1111t1 r,1 *111'I1'Ito" a it14till limu ill 101;.u;l Ill ill is I IaIh1] 111 1itVittis11 t•ill rll. 111100 r1 I'u1.11,t1,1 111Will 111t1 all, Ill d r•111vil Ill Illy 1111111, a11111 latilvil Ililvltilt it lilllllttt ill ill rill 1gi11n 11'1 91 IIn•►1-11,0 -.--- 1.1 Illt(ll 11 I ,11111'•I llllll \h!,ill llllv!t lilt -..L. 11. I 1 I If C] 0 w lent, through a>, antral ran9la 01 :MV9'W a as dMa W 02.16 feet; Thanco 6 81045'00" E a di4terlce of 420,41 feet 10 8 pant on oW lJ4rt iw&6WIf margin of First Way 60A 61 a paint on VW we 9f s "I'VO, the C#nW 91 whkb bvf" 6 81" 6 4" k; Thenc,,e Nonha ly Slone said NQnhwOFW iy mprgin, elvr,g Ow Arc 4f a 0vrva to thif ekJ111, Bald curve having c rad a 01 B50.00 feoi, through a cer>iral ;ilnpta tX 01° YOr a 061068 of 26.01 fact to fhd Trlle POlnt Of 809InnIN. I ..lill�ll II I {',.!Jmw by 1{ rJ1J1y /41Jl, ■ ------ --- SEC, 19, TWP 21 N,, R.4E,,WM, 7nD +1 200 300 400 GCALf. f"1 200 PlfT Map of EXHIBIT 11IJ1' !1 _ ro'I I'9 fJ 1 l r � • ry l� 1 1 1 1 1 r,,11r°aa4a" ' `r A+71J.4� Il+V+lA A, lri r NI ISO SIP its" 1 nagJ:fi<J r. ,• , A,IbO.bw At IT6.61 i 1111 MOM rl l'too 0n J A+ OUG .a• Af f.7 Ib +fl' 1 Ir.Hlfll � � r •,1 Vol x � y ,1 ,• if r. 1.1 b �rl,ll r 1 lr„4. , p 1 I11I1 uA I71 Ih 'l1YIbIVN .,f Ell I u,l , � ,C ICI h"''+i•trr 1. I• U IA '1u,1.41,1 nl � ,i SI ,r'l l ' '',II Ir 1, In r� ��.� a IN ilr, I f'i.l 11 Ur 4.1 f1.11 ..�,,111 11 •/ A/ b a/fYo+ 1 l !% III1[yll o,riowFMl-Iif A86t�L'IA71:[�, INC, f!W) f,;unhillimu I npinflur6 . �urvnytlru ' Pfll!rrJu+� "I )I Utdill1 II ! 1J+lINl 1'l+b ul l,ll lfl•Ilullulll +,Ilrru Irll+k J7I/f I I'IU5 i•v11!ulU li l: 1'r uuYulr, 'i�,4i.IdnrJll:a 11111111� I1Uh) Anl• IUilll .` f C•] I:XIII III'I " I:" Juno 24, 1004 LEGAL 026CAIPTION Pan BROWN 6 CALSWOLL F-186T AVENUE 13ASIN GETENTIUN ►'ACII-ITY I'I'F1MANENT PASEMENT I'llot potoon of rile "iill luaRt gumlur nt If la N(1111)"41 rlugllef II11r14I I110 NOWIOf191 War Pit of lho l5millluaslyu1u0r 01 Snu11r►ll 10,1uul of Illn gwfur n1GOG1o11 20, Jill 111OW116filp 21 N4rll, Runp4 9414, W.M. Klrlu counly, w4wiinpinrl I}uenrllwr! 116 Inlowlr; Ittrp1111ly at Itfa ►I1051 finullfafly rfifllflr 1rl 1-111 M CNf1I iur+ VII1w Mvhtlon Nfi, 3, twoo irjU lu tho I'Ifil Itiore-A, 10c+H1lod III V+vluln0 IOU, 1 0914 I I IIr11J1901 14, tlarAlda of KIf1U Guiltily, Iw11liglridrlU ltlaa Ilalllrjit! oil 11it) Hol iw1obloflyi11liff(IllI'if Itit wily filull toid is I1 }IinI Won, 11wild Ili I;lI)f At r,,)NU, flux 1,911141' Of W111411 11ha1ti f7 40"3014" V; JWi0bjJj fly 11 mliff +.111YlrrflynU+gllisipi Q1 600 ail haul,lqkj ►0114►0111 Is ully(441114lu+lUtu M la►rof it 0U'Alr" is Iluln+lim iol I i►II /!I to nor f11 If i+! 1111" 11111111 fll IfuU111n111U 1►111111 1loort111 d(IMAIH)1► Trlt .1; INolo r►1t 4U-36'1/" W It Mbliffw4f l►► f2ti•1l1111111; Il++,llr,u b 07'0471]" VI' u 111a1r1rl1.r►ut MU-3+4 lual; f II90m► 61 4or14" W a 1116f1uir.+: r l t04.6;t t111l1; lirr:tr,,011) 41`:0/T j" W 03411b1ll►1+,+1 fit 0.1511 IOaI Ir1 ulillnit I111 Ilia nil; nt it 1�flfva, 11fa I,ullr+rr all 0►111r.11 171u1rb fi 41' W1'30" 1% huilr,u tkiall wuGi+lll/ 11!+111U Ilur a1►i lot a r.l►lva IliIhn loll, 41/1+1 ralrva huvintl it 1rI(Alf; of UU Iur:I, uu+rrllq a'Alllll,ll ald's 'of %11044" r1 ilmi u, l tit 1 I,U1 laal la Is 11r1s11 al fuvalnu r.,uvu. 1I.sit rrr► :+►rtiown wofiy I11101iij itJu rill, 41 rl t.,r►v1► P1 Ilist III)111, em01 +41+v11 ►f;tYr++p a ►iuktrr, r+i Iutif, u,►ull j11 11 :.+01Dtal ul0JU,pit 1)4`111'1111" f1 r►ll,Ilo11AI if ? v m Mill Ia tifr► IOil rllwlly I11f11 lot rl 10 1F1rpjq .'g4tillullrl fr,rJ0111+101 141whf 1'111y 1 simly I1p14grj1110 foil, ►IN100f11A'1/. l Ioil u,rr to 4,101.• vl ulrnr(j +:ar<l thl01 hurl, a thfgl1+.11 of 111•'04 110010' f h+uram 12 th-1 1,10)" V/1,willrl+►ulfj ►Ilr►fig cr►vf Iold vI Will, it iJI01111d1 eft r1 /•1N1 oral Ir► Iln► Ifr►lllr,rlj rr+,lrglr+rd 1, y/ Gin I11M16Iowli, Irl,;ru�, t.li1'+If.`r1+1" I ah,r,�j 4,1k! IIr,►Ilrll►ly alfurJlll, u 1k41•rlr+.+i r11111I.11+1 I1.IrI 4+111Iu►n+I ,:r e.1►r O',, I I�nyp.,ll,� 7 1,rdrl-,llJill I 1,�,•L. ;,.. 11J..1.d1,/ ��� 1 ��� rYr.;•�'d,rl,lb',.11lr a 'rf*rroe B.rmwriy and 16or"Oy afore said F!alrerfy i►sW* Aid so mofoweateriy 1700 of 1 rt way s04 ), along tw are of a curve to the ►e# moo am tuov a rates of 30" bet, through a omtra wqW of 06"18'2r a dWtww of 44V feat fo a pok# of rvverae urea: Ttw4e hfM#42 Lwrty ow&x fry A" fadd NWOWA 1' OY nw#e of 1 of Way South afar ov erc of a axes to ON aaid curve hDAV a rx*w of OWDO few ttaoum a C00*90 WOO of 1091To➢" a dWArooe of Z7120 40 is the Tn* PDO of Br*ft, *4 cif Av Ells "" fro,:, P",7J1 �1 a CA V) 0 m W4 0 z k , 30 00 A_44 67 SE COR N E 1/4,� SEC 19,T 2IN, A Map of EXHIBIT "E" + z i J! 200 ❑ 200 300 400 SCALE 1". 200 FEET �•' �r N 8°rs'bd,e PANTHER f.AKE e� s H I A� PROPOSEO EASEMENT AREA 1 v w r KC LLA 8702017 6 I a 1s I EASEMENT RECAO.B610061437 r N 2VO4'00"A1 ✓r.j 3e.34 v R:2S0,00 A.232.05 f v 4m.f;23"E 4599 1 0 D+27'1 z PROPOSED EASEMENT +p R+25 53.82 _0 AREA m 133 03 50 1 5S �f 01Y 57 36 58 ��MPV piV.109, GS II-L5 IC4.� Q r4� � if 66 _s _1"05'12' N�1.1 54 . l{ N i 52 LINE +9.21.4 + BENCHMARK. N RIM MONUMENT IN CASE. STREET ;NTERSECTION S.W. CAMPUS DRIVE a Is? AVENUE SOUTH REV. 6 /29/44 C. Q�r� REV. 6 /25 /9 4 RIM - 252.52 REV.6/25/93 + �a 4� • ~A* ar Yf" a A. �V -124 FIRST AVENUE BASIN DETENTION FACILITY 91109P O HUGH G. GOLDSMITH & ASSOCIATES, INC. a ��,'• ' o Consulting Engineers • Surveyors Planners era /y'` ° GOLDSMITH ENGINEERS BLDG. vage I8 of 19 y'��re Bellelteld 0111ce Park 1 1215 114th Avenue S.E. txp;nCS a/./ Bellevue, Washington 96004 (206) 462.1080 I Y• -s � 0 EXHIBIT F FLANS FOR BTORHWATER FACILITIES FIRST AVENUE BASIN I1M`F CJON FACILITY LOCATED IN THE CITY OF FMERAL WAY Vbi mie Z of 2 , Project Manual, Fart C - Drawings Prepared by Brown and Caldwell Consultants Sheets G1_through GI1 SITE PLAN REVISI SUEtTPPAL r page 19 of 19 sma)rMEW OnLine i Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument GUID=71ebb3ce-905e-49f0-840f-l30e0b58aeb5 [9/8/2016 2:34:16 PM] 10 • NOLLAND & HART LLP 101 S. Capitol Blvd., Suite 1400 Baize M 83701 EXCISE TAX NOT REQUIRED CO. RB ds Division raw Fft=*crLynwABb+M DeIVY Document'I'ltle(s) . Amendment to Easements and Covenants Reference Nnmben(s) of related docments 9602130591 _ AM&" ate. "" myW — Grantnr(s)ma,'bondw dkmm Federal Wa National Little Le ue Waremart, Inc. AuaMc.+V. a. ran Grantees) a... u• •+ Wr'*w Waremart, Inc. Federal Way National Little League Adikrr �� mp/ Laud BOVIAW WWWW Mm L. rti Mm ra • Msk'% Male, ems, 0--Ao- a certain real rt in N6 4 4 Soc. 1 7-12 W amette Meridian Aarr.+�wrmrw— Aneaw's Propaq Tax PmwVAecotmt Nth 415920-07101oarti (C="*i---- n) ,YMrrl}� /r m1M Ti, i�FrMr �k sw m r i/`mMpai.l�frl MR Tkyd rp mt nriM �r��t� rel4 rl WO &W1476 H1{.LMa & WO •U U." C] ■ AM%—NDMKNT T NTS THIS AMENDMENT TO EASEMENTS AND COVENANTS (the "Amcndment") is entered into as or the 23'd day of June, 1999, by and between the FEDERAL WAY NATIONAL LITTLE LEAGUE, a Washington nonprofit corporation (the "Little League") and WAREMART, INC., an Idaho corporation ("Waremart'). RECITALS This Amendment is made based on the following facts and objectives: A. Quadrant Corporation, a Washington corporation ("Quadrant") and the Little League entered into a certain Easements and Covenants which was recorded in the official records of King County, Washington on February 13, 1996 as instrument number 9602130591 (the "Easements and Covenants"). B. Quadrant conveyed to Waremart the real property described in Exhibit A to the Easements and Covenants. C. The Little League and Waremart desire to amend the Easements and Covenants in the manner set forth in this Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which being hereby acknowledged, the parties agree as follows: I . General Statement. The parties acknowledge that: (a) subsequent to the recordation of this Amendment, Waremart will convey a portion of the property described in Exhibit U to this Amendment (the "Park Property") to the City of Federal Way, Washington (the "City"); (b) Waremart will retain the property described in Exhibit W to this Amendment (the "Waremart Property"); and (c) Waremart has subdivided the Waremart Property into four parcels, one of which is described in Exhibit Y to this Amendment (the "Lot A Property"). As used in the Easements and Covenants, the "Quadrant Property" consists of the Park Property and the Waremart Property. 2. &mendetteaLlo_ ParsersoLL. The first and second sentences of paragraph I of pill the Easements and Covenants are hereby deleted and replaced with the following: The Little League grants to Waremart, or its assigns, a 1 nonexclusive easement over, under, and through that portion of the Little League Property described in Exhibit C, which is attached hereto, for the construction of the sewer line extension to provide sanitary sewer service to the Little League Property. Waremart, or its assigns, covenants to construct a sanitary sewer line to that point on the boundary between the Waremart Property and that portion of the Little League Property described in Exhibit C and to extend that sanitary sewer line onto the Little Leagne Ptopetty to 199987 76 Pqf� iai Orr 013 Y13 +ury n+.r+.T Tn r.nr�rrvTo s+rt. nn.rr a7iM19" 13.48 .. MLOM ► ►ot Eft N 1cInC CeIMTY, WA PA the proximate end of the sanitary sewer easement area described in Exhibit C. After the construction of the sanitary acwerline by Waremart, or its assigns, the City will be responsible for the operation, maintenance, and replacement of the sanitarysewer line. To facilitate the City's undertaking, subsequent to its grant hereof, the Little League will grant the City an Easement for Sewer Facilities. Amen r 2.1. Exhibit D to the Easements and Covenants is hereby deleted in its entirety and replaced with Exhibit D attaoiled hereto (the "Access Eiascrrrcnt Area"). -1-hc panics acknowledge that a portion of the Access Easement Property is located on the Lot A Property and a portion of it is located on the Park Property. 2.2. Paragraph 2 of the Easements and Covenants is hereby deleted in its entirety and replaced with the following: 2 Graet of Access Enrsaeat. Waremart, or its assigns, grants to the Little League a nonexclusive, permanent appurtenant easement over that portion of the Lot A Property described in Exhibit ❑ attached hereto for the limited purpose of ingress and egress to the Little Lcgnc Property of emergency vehicles and for the main tecancn of structures and landscaping located on the Little League Property. The limited access easement granted in this paragraph is qz to provide general access to those using the Little League Property, but is limited to the purposes eel forth above Consistent with the limited purposes set forth in this paragraph, the owner of the Park Property may install, or cause to be installed, bollards or similar devices in that portion of the easement area located on the Park Property so long as a sufficient number of such bollards or similar devices may be removed to allow access to the Little League Property for the limited purposes set firth in this paragraph. While neither Waremart nor the Little League are obligated r to ember improve or maintain any portion of the Access Easement Property, the parties agree: (i) Waremart may cause that portion c`the Access Easement Properly Io"trd on the Lot A Property to be improved and maintained, and if Warvi art improves and maintains this portion of the Access Encino it Property, the Little League ahali not have any right to either improve or maintain it; and (ii) Warematt, or its assigns, may improve and maintain any portion of the Access Easemcut Property locatod on the Park Propert%,, and if Waremart. or its assigns, improves and maintains a portion of the Access Easement Property located on the Paris property, the Little League shall sot have any right to either w •�irlih�frNT TA r�orur��rrr •vr� nn. -i' IY1lLAMD L M*Ir rM 29 Gv 19M718891476 PM& Gas or M13 IV 5,1999 13 M xnC COLISr�, A 1 it tws 11 improve or maintain any such portion of tht access em—cat. 1n addition, it is anticipated that a portion of the easterly lea ( I D) feet of the Aceess Easement Property located on the Park Property will he improved with asphalt or other hard surface and that Lho owner of the Lot A Property may wish to maintain a partiOn of the easterly ten (10) fct:t of the Aezess Eascm cat property located on the Park property which is approved with asphalt or other hard surface. The owner of Lot A shall have the right to maintain any portion of the easterly ten ( lit) feet of the Acccss Easement property located on the Park Property which bas beta improved with asphalt or other hard surface. Waremart, or its assigns, reserves the right to relocate the Acccss Ersemcnt Property, provided that any such rolocation : (i) shall be performed at the soly cost and expense of the owner of the property wishing to rclocate the access easemcat, (d) shall not reduce or impair the uscfuiness er function of the casement gran Led in this paragraph, and (iiiy shall not unreasonably in crfere with or diminish the Iimited right to access provided in this paragraph. 4. Construction Easement fpr Path. The Little League hereby grants Waremart, Its agents and employees, a temporary construction casement over, across, through and under that portion of the Little Lcaguc Property described to Exhibit 2 attached hereto (the "Patti Easement Froperty') for the purpose of Warctnart (and its agcat and ernployces), at Ware inart's sole cost and expense: (a) constructing an asphalt pedestrian path on the Path Easement Propony, and (b) installing agate in the fence at the north end of the Path Eascmcnt Propctty. This construction casement shall terminate upon WaremarCs completion of such construction and installation. Tke plans and specifications for Iht construction and installation provided so this Section 2 shall be subject to the Little Uaguc's prior approval, which approval shall not be unreasonably withheld. 5 Esbibits. Each exhibit attached to this Amendment are incorporated herein as if set forth in full. 6. Restotement of CQY11241011-1-2—To the cxteat the provisions of this Amendment conflict uith the terms of the Covenants and Easements, this Amendment shall control. The. Covenants and Easements, as modified by this Amendmwt, shall rcntain in full force and shall be binding upon the patties according to its terms. IN WITNESS WHEREOF, the patties have signed this Amendment as of the day and year first above written. M ..Orton\.r1TT' -F.V—d I`UTO •l�A I'�A�IP\�. rr 9 as M 119907115001476 M or its s7e1519" 13 w KINM COUrrY• w' rM M' (Notary acknowledgments follow) • FED NATIONAL LITTLE LEAGUE Hy Its P&li T WAREMART, INC. ,/--2 R e ` Its 91476 PACE eM OF 813 e7i1311M Is N KING CARM, MA WXLWM L HART EAe 2e N as/ —^ vA Pra ar\ITP a•Th r—V va/1 v A -XIMMIL-I.- �-S ..e • STATE OF 17 /I H U ) )aa. County of ADA ) On this -?T' day of June. 1999 before me, a NotaryPublic personally appearo known or proved to me to be WAREMART. INC., an Idaho corporation, the person whose name is subscribed to the foregoing instrument, and ackno%lcdged to me that he executed the same on behalf of said corporation. lt*4" )VIiERE0F, I have hereunto act my hand and affixed my official seal the day as •+n'thy cxtz first above %rittcn. d #OTARr AVDt.IG = Notary lie 5• �T q� Residing at OF 1D*,.l Comm. STATE OF INPA H mb-nr" ) )Ba County of On thin 23rd day of June, 1999 before me, a Notary Public, personally appeared ROBERT F OLSON, known of proved to me to be the president of the FEDERAL WAY NATIONAL LI'fTLF LEAGUE. the person whose name Is subscribed to the forcgoing instrument, and acknowlaged to me that he executed the same on behalf of the FEDERAL WAY NATIONAL LITTLE LEAGUE. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written Notaty Puh1 AL L� Residing at �JJ� Comm. Expires BOISE 0090497.03 IXLrPM r W1 V" 2600 . f.P . P.+\ /n1,TP . — / ^' IT`—.t V c 1""715ML476 Paef aa6 OF 013 07/13,19" 13 40 KING COUNTY. MA t.. tm LEGAL DE5CR"DN EASEMENT FOR ACCESS PORTION of TAX LOT No. 415920-0710 All that certain real property situate in the Crty of Federal Way, King County, State of Washington, being a portion of that certain parcel of land eenvayed to Waremart, Ins., as described in deed recorded under King County Recording No. 9806240947 in the Northeast Quarter of the southeast Quarter of Section 19, Township 21 North, Range 4 East, Wgamette Meridian, and being more particularly described as follows: A non-excIuaive EASFMF NT for Accass IIngress & Egress) purposes, apyurtenarn to that certain 'Federal Way National Little League property' as descr03ed In 'Exhibit B' of King County Recording No. 9602130591, in, on, over, under, through, and across a uniform strip -of -land 25.00 feet in width. 12.60 feat on both sides of the centerline described as follows: Commencing at the East Ruartar comef of said Section 19; Thence, North 87'68'O6" West 1166,05 feet, to the Northwest comer of That carlein parcel of land conveyed to- Waremart, as described in Deed recorded under King County Recording No. 9806240947, being a point on the Northeasterly Right -of -Way line of S.W. Campus Drive as described in Deed to King County recorded under King County Recording No. a50117o865; Thence, elong the Northerly line of said Waternart Percel, South 81'45'00' i aSt 189.19 feet, to the TRUE POINT OF BEGINNING of the centerline of the herein described 25.00-foot wide strip -of -land; THENCE, leaving Said Northerly line of the Ware mart Parcel, South 66.13'63" East 105.02 feet; THENCE. Easterly 251.110 feet, along the are of a 362.50-foot radius curve, concave Northerly, through a central angle of 39'47'68', to a point of reverse curvature; THENCE. Easterly 32.62 feet, along the arc of a 29.50-foot radius curve, concave Southerly, through a central angle of 63'20'59". to a point of rovers& curvature; THENCE. Easterly 215.72 feet, along the etc of a 22.50-foot radius curve, concave Northerly, through a central angle of 73°08'29 to a point of reverse curvature; THENCE, Easterly 77.50 feet, along the are of a 77.Wfoot radius curve, concave Southerly, through a central ang:r of 34104'22', 10 a point of tangency; THENCE, parallel with and 10.00 Tees Southerly from the Northerly line of said Waremart Parcel, South 81.45'00" East 170.43 feet; THENCE, South 78'09'26' East 19!i.62 feet, to the Westerly Right -of -Way line of I" Avenue South, as described in Dead recorded under King County Recording No. 73D3070524, and being the terminus of the centerline of the herein described 25.0afaat wide strip -of -land. The sidelines of The aoeve described s1rip-01-land ere to be lengthened or shortened to extend to PIT! the Northerly line of said Waremart parcel and the Westerly Right -of -Way line of 10 Avenue South. = The above -described Easement area contains approximately 22,748 iquars fast, more or less. End of Description e Prepared by: Sarghausen Consulting Engineers, Inc. r � P;UOfku�oj61271Aoc16t 77E5iM.1.dc[ Mks}4o:es Page i 04r2a149 19990715001476 PsGE 0" br na 07,15/19" 13 4a KING COIMTY, 0 HOLUM s lver t7e 211 M t e� j w Ar 5) FW Ry 03 t w r O W n ip M F k4 M END LEGAL. DESCRIPTION TRACT 'E'-Of BINDING SITE PLAN No. BSP 97-0001 PARK DEDICATION AREA TO CITY OF FEDERAL WAY PORTION of TAX LOT No. 415920-0710 All that certain real property siluate in the City of Federal Way, King County. State of Washington, being a portion of that certain parcel of land conveyed to Waremart. Ina., as described in deed recorded under King County Recording No. 9805240947, In the Northeast ❑uarter Of The Southeast Quarter and the Southeast Quenar of the Northeast Quarter Of Seuion 19. Township 21 North, Range 4 East, Wi[lametta Meridian, and being morn particularly described as follows: Commencing at the Eeat Quarter comer of said Section 19; Thence, North 87'58'06" West 't 168.05 feet, to the Northwest comer of aeid Weremart Parcel, being a point on the Northeasterly Right-ol-Way line of S.W. Campus Drive as described in Used to King County recorded under King County Recording No. 85011711665, and being the TRUE POINT OF BEGINNING of the herein -described parcel of lend; THENCE, along the Northerly line of said Waremarl parcel, South 81145'00' East 666.94 lest; THENCE, leaving said Northerly line, along the line common to proposed 'Lot A' and proposed 'Tract E' (Fork Dedication Areal of City of Federal Way Binding Site Plan No. BSP 97.001 , the following courses: 1) South 31"53'59' West 8 4.5 5 feet; 2) South 87'05'00' West 28.95 lee(; 3) Sculh 02°55'00' East 15035 feet; 4) SDu1h 00'00'00' West 151.25 fear; and, 5) South 89'59'48' West 17.82 feet, to a point on the proposed Northeastedy Right•uf-Way line of S.W. Campus Drive; THENCE, along said Northeasterly Righrol•Wey line. Northwesterly 373.1197 feet, along the arc of a 660.00-loot radius curve, concave to she Southwest and having a radial bearing of 5outh 71016'37" West, thr(.ugh a central angle of 32e27'24'; THENCE, North 51910'47' West 3 2.8 8 feet, to a point on the Northeasterly Right•of-Way )ine of S.W_ Campus Dnve, as, described in Deed recorded under King County Recording No. 8501170655; THENCE, along said Right -of -Way line, Northwesterly 374.55 lee', along the arc of 702,00 f sot radius curve. concave to the Southwest and having a radrel booring of South 3804913' Wes%, through a central angle of 30134' 13", to the True Point of Beginning. The above -described parcel of land contains approximately 1.6001 Acres, more or less. End of Description Prepared ty: Barghausen Consulting Engineers, Inc. 1%ATLANTI51PpoJECTStedsWoM 127ldaete 1271pE doe Mika Nalaa Page 1 e4/13199 19399715ftl -476 PAW lrs gr ors e7,JvLt" t1 40 4MLMn 0 a r1ART E" 29 K XING COMM, w 10010 a LEGAL DESCRIP770N LOT A, LOT 6, LOT C, and LOT D of Bindelg Site Plan No. BSP 97-0001 PORTION of TAX LOT No. 415920-0710 All that certain real proparty situata in the Crty of Federal Way, Xing C'bu nty, 5tat4 al Washington, being a portion a that canaln parcel of land convayad to W OFOr non, Inc— as deacleed in deed razorded under King County Recording No. 9806240947, in the NDrtha451 Quarter of the Southeast Qutsrter of Section 19, Township 21 North, Range 4 East, W114,rnatte Mandien, and Wring nwre pWtkU srly described as follows: Commencing at the East Quarter comer of acid Section 19; Thence. Rath 87'58'0S' West 1166,05 foot. to the Nanhwost corner of said Weramwc Pascal, being a point on the Northeast" Right-af•Way line of S.W. Campus Drive as described in Dead to King County recorded undo King County Recording 8501170665; Thence, along the Northee" Ens of acid Warman Parcel, Sash 81.45'00' East 686.94 feet. to the TRUE POINT OF BEGINNING of the harek"amnbed prod of Lind; THENCE, leaving said Northerly Nora, +long the Cho common to prcpolred'Lm A' and proposed 'Tract E' IPark Dedication Area) of City of Federal Way Binding Sete Plan No. BSP 97-b001, the lollowing courses: I South 31'63'59' West 84.56 feet; 2) South 67005'00' West 28.95 feet; 31 South 02.55'00' East 150,75 far; 41 South 00'00'00' West 151,25 foat; and, 51 South 09159'48' West 17.a2 feat, 10 a pains an the proposed Easterly Rightbl•Way line of S.W. Campus Drrvs; THENCE. along said Easl erly Aig K%.of•Way fne, the following CWrses: 11 Southeasterly 139,38 lest, along the arc of a 660.00-loot radius curve. con Cave South w e a testy and having a radial bearing o1 South 71'l6'37' Wear, through a Central angle of 12'05'58% 2) 5ouih 06'37'25' East 219.19 feet; 3) South 13'26'56' East 88.35 feet; 4) South 06,37'25' East 06,40 fact; 51 Southeasterly 424.05 test, along the arc of a 340.00•foot rad'nrs curve, concave Nonheaslerly, through a central angle of 71127'36'; 61 South 78105'01' East 107.80 fast; 71 South B8'52'25' East 36.94 feet; and, 81 Northeasterly 39,26 fast. along tho arc of a 25-OpIDOL radius curve, concave Northwesterly, through a centrak angle of 99'58'37'; THENCE, along the Westerly Righ[-al-Way tine of 1" Avenue South as described In Used recorded under King County Recording No- 7303070524, the lollowisg courses: I North 01°08'50* East 526.51 feet; 21 Northerly 186.42 feet, along the arc of a 958.00-fool radius curva, Can Cava Wes Whirr lhrvugh a ca ntral angle of I I"'S8% 3) North 10.00'00' Was 115,01 feat; 41 Northerly 227.54 leer, along she arc of a 642.00-foot radius curve, concave Easi", through it Central angle of 15'29'00'; j 5) North 84'31'O0' Was, 8.00101; and. 61 NOnharty 110.67 feet, along the arc of a 050.00 fool sad us cunw, concave Eaeteriy, t through a tvntral angle of 07'27'35', to the Nprthsul tuner of Bail Waremon Parcel; THENCE, along She Northerly Fine l,f said Wade -mart Parcel, Southwc3tedy 44.67 W41, aWg the arc of a 30-00•f0ot radius curve, eor.cIry a NWhweslerly and having a radial b"ing o1 North 77'03'25' West, through an central angle of 85118'25'; THENCE, North 81•45'00' West 385.70 feet, to the True Pan of BegYwdrlp. The above -described parcel of land contains approximafsly 12.0191 Acres, Moro or leas, End of Description Prepared by: 609hausan Gmsuhing Enginws. Inc. 11ATLAh'•TISIPROJECTSudskprOO1271doc16127101 doe Mike Rotes Papa 1 04r13199 WXLA4 6 IMRT Eft 200 19M715801476 PAGE pia OF 813 07,1V19" 13.40 K1110 cOUNty, Na r-7 LEGAL ❑ESGRIp7iON LOT 'A' of BINDING SITE PLAN No, BSP 97-OMI PORTION of TAX LOT No. 415920-0710 All that certain real property situate In the City 01 Faderat Way' "�tY• Stne of ecnpscn. hemp a portion at that censin panel of lend conveyed to Wre arn^ kw- as descibed In deedd recorded under King County Recording No. 9806240947, In the Northeast Qcw"'t 0111"e Soudraast Ouarler of Secton 19. Township 21 Norlh, Ranga 4 East, Willarntene Meridian, and 6ein mars prticulatll' deacas follows: Commencing at the East Quarter corner of said Section i8; Tlw"c; he �teity H gh[�I'Way l0'rne to 5.W. to the Northwest comer of said Warernan Parcel. lain$ poor cc' Campus (rive as deathbed In Deed to King Counter IOcarded under KkV f:alnty Record-r"p E50' t 70665; Thence, along the Northerly fine of :aid WremW Parcal, South 81.45'00' East 666.94 feat, to the TRi1E POINT OF BEGINNING of the Msein-desvIbW parcel of Ird; THENCE, along the NorehadY Sna of said Wararnart Parcet, South 81.45'OD' fast 666.94 last; THENCE, laeving Said Nonlwly One. a4xrp the fife corrxnon to proposed -Lot A' and proposed Traci f' (Park Daditstton Areal of Chy of Fed" Way Binding Site Plan No. SSP 974=1, the following courses: 1) South 31153'69' Wen 84.56 feel; 21 South $7'05'00' West 28.95 feet; 31 South 0M6100' 1'.ast 150.75 feel; 4) South 00e00'DD'West 151.25 left; and, 5) South 89159'40' West 17.92 feel, to a point on the proposed Northessterty R ght•of-Way lure of S.W. Campus Drive; T14ENCE, along said North aastarty Right-ofVAY Eta the foBowill courses: 11 Soulhaesterty 139.38 feet, &long the arc of a 660.00-foot rsdius curve, concave Soul hwastaly and having a radial bearing of South 71.16'37' West, trough a central angle of 12'05'59'; 21 South 06'37'25' East 219.19 lest: and, 31 South 13.2616' Etst 6 6.3 6 feat, to tha Northwest cones of proposed 'Lot S' of Binding Site Plan No. 05P 97.M I : *Lot A', THENCE, along the tine comntan so proposed "Lot B' and proposed ' Norih 69'59'68' East 154.59 feel: and, South OD'00'00' East 225.36 feet; THENCE, along the 1)aa common to proposed 'Cot A' and propoeed .Lot C' of 8SP 97.0001, North 90100"00' East 75,00 feet, to the S*ulhwest corner OF proposed 'Lot D' of BSP 97.0001; THENCZ, skmg the Me com"M to proposed 'Lot 0' and proposed 'Lit A', No.1h D(']0'00' West 216.36 feet: and. North 90'D0'00' East 22 9.0 1 feel, to the Wasterhy geght-of-Way 6me of I" Avenue South, as described in Deed recorded under King County Recording No. 7303070524; THENCE. along sod Wastetly fiighlwl-Way gnc, tiro following counaa' 11 North 01.08'58' East 134.28 feat; (, 21 Northerly 186.42 feet, along the arc of a 958.00-foot radKss curve, concave WOROV, through a central angle of 11'08'58'; 3) North 10*00'00' WSst 115.01 feel; 4) Northerly 227.54 ftol. along the arc of a 842.00.1001 radius curve, concave EasHrly, through a cental angM of 15.29'00'; 5I North 84'31'OD' West 8.001841; 4 6) Northerly 110.67 feel, along the arc Of a 850.00 foot radius curve, toncava Eussrly, through a central angle of 07127'35', to the Northeast carts+ 01 laid Wmern rt Parcel; THENCE. along the NortWerly She of said War~ Parcel, Southwesterly 44.67 tat, song thu arc of a 30.0040at radius curve. concave Northwesterly and havetp a radial bearing of North 77W25' West, through an central angle of 85.18'25'; and. North 81'45'00' Wort 385.70 feet, to she True Point o1 Beginning. The above•de5cribed parcel of land contains sppraairrratsly 8.5237 Ares. rnore or less. End of Description Prepared by: Baepheusan Consulting Engineers, Inc. V%AT LANTlMPN0JEC1Slsdskprc017 7r6ac161271p1A.doc M.ke Notes Pape 1 04f s 3l94 19990715001476 Pal aft t>F ate 97115119109 tE 46 HXLAND a WAT [era 29 M KING Color", No t -l �.z am 11 OL2aACDCS TEMPORARY CPO PORTION of N EASE No. FOR PEDESTRIAN DE IAN PATHWAY All that certain real properly Situate in the City of Federal Way. King County, State Of Washington, being a portion of that certain parcel of land conveyed to Federal Way Nettonal Lirtie League. as described in Deed recorded under King County Recordrng No. 87 10120694. in the Nonhcast Quarter of the Southenv% Ouaner and the Scutheast ❑usrter of the Northeast Ouprter of Seetion 19, Township 21 North, Range 4 East, WinameRe Meridian, and being more particularly described as follows: A Temporary EASEMENT for pedestrian pathway Construction purposes, in, on. over. under, through, and acme, a uniform sirip•of-lend 10.00 feet in width, 5,00 loot an both sides of the canterline described as follows: Commencing at the East Quarter corner o1 said Section 19: Thence, Nonh SP66'05' West 1166.05 feet, to the Northwest comer of that certain parcel of land conveyed to Waremart, as described in Deed retarded under King County Recording No. $806240947, being a point on the Norlhcaatedy flaght-of-Way lint, of S.W. Campus Drive as described m Deed to King County recorded under King County Recording No. 8501170665, Therese, along the Southerly line of said Little League Parcel land the Northerly line of said Waremart Parcel), South 81145'00- Eait 65B.02 feet, to the TRUE POINT OF BEGINNING of the centerline of the herein described strip -of -land; THENCE, leaving said Southerly line of the Little League parcel, Northerly 32.03 feet, along the a,c of a 125.00-foot radius curve, concave Easterly and having a rsdjel bearing of North 80°DB'19' Eest, through a central angle of 14.40'52', to a point of reverse curvature; THENCE, Northerly 69.131 feet, along the arc of a 525,00-foot radius curve, concave Westerly, through a central angle of 09,48'03'. to the terminus of the centerline of the herein described I0-00-Toot wide strip•of-isnd. The above -described Easement area contains approximately 1.218 square feet, more or less. :-i l 1.1 P:4dskPoj16127WWW27E$MP.dec Mike Holes PW 1 044211i1a9 End of Description Prspared by: Ssrghausen Consulting Engineers, Inc. WXLAraa s NW E49 20 48 1"90715001476 M6L e12 or 013 4?,IV191! 13:49 Ktat, COUV1y, MA �m � k-j k� a§ (» e � � I � � � � } =- ■ _ §uJ | �■E � ON n■■�r �. -cE� a�R W! | � ■# .•'� �� r ■ § § I / 2 # § 9I;z ? � � g = I ■�-■�� § $ & 7 ° _�®MV �-w Ui CL � ca IL ■ ��o�>» ■&L� UG m22e� W■ e� 19990z147■ _ _,Or m _gym._ �_ _._ _ �� ! � sm,,aitVIEW OnLine frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=45a460f8-e640-4d50-af01-3b0628272f6b [9/8/2016 2:34:38 PM] am • FI r e FILED FOR RECORD AT REQUEST OF: $ Warernan Foods MAIL TO: CITY OF FEDERAL WAY 33530 1 ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: Jim Femlkig EYHIRIT D LICENSE 6 The undersigned owner of certain real property located in Federal Way, Washington and legally$ described as follows: TAX PARCEL NO:415920-0710-08 ThM portlon of tho met on* 11Of of Section 19 Township 21 Honh, Range 4 East, W.M,. In King County, W*ehlnpion-iFus Legal dv&crlptlon at u:hod hereto as Fxhilrtt '1' and Incorporated herein by this ralaran Cal v ('Property') hereby grants an irrevocable Ikenso to the City of Federal Way I'City'I and the CitY's agents, employees, Contractors of reofesentarivas to enter upon the Property t0 inspect the Construction of unprOyamentS, the peflorrnanca of work or to eflow the City to perlorm any necessary maintenance or -' work, aii pursuant to that certain Agraarneni and PaHorr ancelAAaintenanC0 80nd of even date entered into hetwean the City and the undersigned and incarporaled herein by this rofarence. DATED this2C day of r e brt;df� , 199q . Waremar 2 Cat-- C IS+gnature} {Corporal■ fYotaryl � TAArty STATE OF 1 qAD�4 1 as, COUNTY OFJiW4 1 On this day personally appeared before me A to me known to be the !R?- of W the corporation that executed the foregoing License, and acknowledged the said inatrumdnt to be the free and voluntary act and dad of said M corporation, lot the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said Instrument and that the seal affixed, if any, is the corporste seal of said corporation. GIVEN my hand and official seal this ,25 day o1 F,ezuaxy .19Y1. P. i�}YG• #r !� % �'1 O 'y ,P .yy71 TE,OV, •.• AD 1-4 qr f otary sioneturel Ki17W y CA Vwd J [typed/printed nerve of notary; Notary Public In and for the State ot-W&& ?aura-. 211 My commission expire? t J�3d 244 0 MCMIS AM LEGAL OESCWnPN VW wv r'alr r �° �Io AM fouim marlPMTM P or off w C1K.&I I �! �1 21 uRil9�4c .arms Ar rw tar a1-da11m dI SILO A=m t!c l rf Macj 6-6kc !a} Mmy Aw I&AMMMY 2v 3a fRT A�pIC 3AIQ GII" AM SW VCPMX UMM rMOM !f A CO4AM4-aC al lyto O� 1 I!A rsElMA1W SW CM AMMW'!, M 11i> ��r pam rMC MjA f1�1 iD 71E '• r, la A i11WWI R7 0A g r MemflllL%a<H A Cali AIRiC OF A �w rr To MOTl; ill[ 11Lf !ill 6F��C alwo TIME r+ o A* RCa itof sm a K amm or as M* w Al• srn AVIEW OnLine Prame contained PDF file, click here to view http://www.smartviewonline.netlsmarthind/?Orderpocument GUID=f4ll6eb5-4e36-4ef3-a724-342384a3l3f0 [9/8/2016 2:34:53 PM] • M Return Address: Jlt,l ft. I)iL-M - _ . ,q h,i3Y r teDilzjL `IScc3 Document Title(s): Assessor's Property Tax Parcel/Account Number: 1. C,:c uw-A n cN t7 Ccvervrl-r.t-r q 1591L - c 7tc - cs .. Reference Number(s) of Documents assigned or released if applicable: Additional reference numbers are m cage ordacument Grantor(s) (Last name first, then first name and initials): I. V, P I?t Il r3 T— FGc 0 S 2. 3. GranteeSs) (Last name first, then first name and initials): I. C17-Y t i FL--DLW lL kPI 2. 3. Legal Dcscript:on (abbreviated: i.e. lot, block, plat or secdon, township, range): Additional legal is on page of document. cl (. t P KiNL, Ct: t. A/TJ Lcr L0\4 %fiJG 5F AI014 The Auditor/Recorder Will rely on the information provided on the form. The staff will not read the doeumem to verify the accuracy or completeness of the indexing information provided herein. I M 0 After recording return to: Jim Femling City of Federal Way 33530 Ist Way South Federal Way, WA 98003 STR: 19-21-04 Permit No: BLD99-0006 Parcel No: 415920-0710-08 M DECLARATION OF COVENANT IN CONSIDERATION OF the approved City of Federal Way (City) building permit for application Na. BLD99-0006 relating to real property legally described as Lot C of King County Lot Line Adjustment No. 8702017 The undersigned as Grantor declares that the above described property is hereby subject to an easement for a natural or constructed conveyance system and hereby dedicates, covenants, and agrees as follows: I . City shall have the right to ingress and egress over those portions of real property described above 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 shall give notice of the specific maintenance and/or repair required. The Manager shall also set a reasonable time in which such work is to 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 Surface Water Management Division 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 retentian/detention system creates any conditions detrimental to the receiving surface water system, public and/or private pioperty, the Surface Water Management Division Manager may take measures specified therein. 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 1 r=Ell interest at the current legal rate as liquidated damages. If legal action ensures, the prevailing party is entitled to costs or fees. S. The CmwEor is hereby required to obtain written approval from the Surface Water Management Division Manager of the City of Federal Way Department of Public Works 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 do modifications to the drainage fa Ries contained within property as described previously. Any notice or consent required to be given or otherwise provided for by the provisions of this Agreement shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. C6 This Agreement constitutes the entire agreement between the parties, and supersedes all prior discussions, negotiations, and all agreements whatsoever whether oral or writlen. 0 This covenant is intended to protect the value of desirabilityarthe real property described above, and shall insure to the benefit all the cilixensof City of Federal Way, and shall ba binding on all heirs, C� successors, and assigns. Company PY1" t Too d 5 By. Name M 0 0 STATE OF WASIUNGTON ) COUNTY OF KING ) ss I certify that I know or have satisfactory evidence s the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the (title c rG of the (company) r- to be the 6& and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: �u ilq% _ STUBfi %%li q fi+• Gr in: M; P z%,C K Dr.VREWORMSSfORMCOV Notary Pub -c in and for the State of Washington, residing at �V , Washington My commission expires: ]p141ar, smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=59be9446-d082-45cc-af4f-8768a7684cl9 [9/8/2016 2:35:08 PM] ■ FILED FOR RECORD AT REQUEST OF: Waremart Foods MAIL TO: jjll CITY OF FEDERAL WAY IystRMYtT 33530 1 ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: Jim Femling LICENSE i MISC 9.90 IMM11001952 eaat`t�freey t N The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: TAX PARCEL NO:415920.0710.08 That portion of the east one-half od Sectlon 19 Township 21 North, Range 4 East, W.M.. in King County, Washington. [Full legal description attached hereto sit Exhibit "1" and Incorporated herein by this referencel I'Property'I hereby grants an irrevocable license to the City of Federal Way I'City'I and the City's agents, employees, contractors or representatives to enter upon the Pro,rerty to inspect the construction of improvements, the performance of wocc or to allow the City to perform any necessar( maintenance or work, all pursuant to that certain Agreement and Performance/Maintenance Bent, of even date entered into between the City and the undersigned and incorporated herein by this reference. DATED thisXday of Jct /uP , 1999. IIWarernar !Corporate Notary! 1 STATE OF IDAHO I ss. COUNTY OF ADA I On this day personally appeared before me (,,f lE v to me known to be the C_I c. of VVAg,c,yj j� r_ x , the corporation that executed the foregoing License, and acknowledged the said instrument to be the free and voluntary act and drred of -u v 9 S �: • [L� ��vgeaiieeis2 aaPWAiss°i�ixpp►�yq°Fsa N � KING COiMiTY , UA kWAEM MT IIISC 0. N said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this Lri, day ofeL ry )POISFy signeturel �.•''•'•.••'�;' (typed/printed name of notary) 4< �I AR Y s Notary Public in and far the Staffs of IOAHO• _ '�� ♦ ; My commission expires /►' •1 —+•+ K•1lo+ .� — ,, ft—" 01.76-91 i sm6rtVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument_GUID=4b7c5dc0-3c8d-4949-b4cc-c8c9a3281ac4 [9/8/2016 2:35:10 PM] N 0 aC3 r- 0 40 CV N rn Return Address: Lakehaven Utility District P. O. Box 4249 Federal Way, WA 98063-4249 SHAVEN UTIL AG COVER SHEET 1s.00 19991222001602 PAGE as, 12/22/19�1'30.0 995 KING COUNTY, UA Document Title: Agreement Reference Number(s): N/A Grantor(s): Waremart, Inc. Grantee(s): Lakehaven Utility District Legal Description: Por E 1/2 Section 9, Township 21 North, Range 4 East, W.M., King County, WA Additional legal description is on Exhibit "A" of document. Assessor's Property Tax Parcel/Account Number: 415920-0710 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 1.245.100.2000.000 & 2,245.100.2000.000 6398180 Fund: (circle one) Amount: WATER / SE $15.00 WAREMART Agreement No. 98-400 A G R E E M E N T THIS -AGREEMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District" and WAREMART, INC., P.O. BOX 420", &�at-, OR 9�9; hereinafter referred to as "Developer".✓o«l6ur,, WITNESSETH: WHEREAS, the District operates and maintains sanitary sewer - and water distribution systems within its boundaries which can serve.property of Developer, and WHEREAS, Developer desires to construct certain sewer and o water mains and appurtenances at its own cost to serve Developer's If property, for delivery to and operation by the District, C' NOW, THEREFORE, IT IS HEREBY AGREED that: C..4 1. The land for which domestic sewer and water service is requested and to which this Agreement applies, is realty in King rn County, Washington, legally described in Exhibit "A", attached rn hereto and by this reference incorporated herein. By executing rn this Agreement, Developer represents and warrants that it is the owner of record of the above -described property. If such representation of ownership is invalid, this Agreement shall be void. Developer agrees that the District may require Developer to furnish a title report for the property at Developer's expense. 2. All legal descriptions shall be furnished by the Developer and shall be stamped and signed by a professional engineer or professional land surveyor licensed in the State of Washington. Each description shall be accompanied by a drawing which graphically depicts the legal description. 3. At the time the Developer executes and delivers this signed Agreement to the District, the Developer shall pay all associated charges as set forth in Resolution No. 97-830, or any subsequent amendment thereto, which charges are more specifically described as follows: WATER SEWER Section B - AJ-2: Developer Extension Charap - deposit against the District's administrative, inspection, engineering, legal and other costs, including the cost of main cleaning prior to accep- tance, associated with the extension of water facilities. $6,066.00 $4,497.00 (See subsections a & b below.) Page 1 WATER SEWER Section C - AJ-3: Latecomers Admini- strative Fee to cover the District administrative cost for Latecomer pay- back associated cost. $ .00 $ .00 Section E: Right-of-way construction to cover District's cost associated in the Right-of-way Construction Permit for city, county, and/or state permit. $ 660.00 $ 660.00 Total: $Gj=7 26.00 $5,157.00 a. These amounts shall be paid to the District, prior to the District's execution of the agreement, as a deposit against actual expenses, including all bacteriological testing and sampling. The District shall determine, on a monthly basis, its actual costs associated with the project and shall submit to Developer, if and at such time as its expenses exceed the deposit herein, a request to increase said deposit by such additional amounts as are due to repay the District for'. actual costs in excess of the amount previously collected plus an amount to increase said deposit to the next five hundred dollar ($500) increment. Payment shall be made within thirty days of the date of the letter requesting same. In the event that the deposit exceeds the District's actual expenses, the District shall issue to the Developer, at N project closing, a refund of such unused amounts. b. The Developer Extension Charge deposit includes the expense of the District's review of preliminary plans, which review shall not in any way be deemed an approval of plans for c14 construction purposes. C_ 4. In the event this Agreement is not executed and returned, along with the above -referenced charges, within six a, months from the date of transmittal of same to the Developer, C' which date of transmittal is July 17, 1996 the Agreement shall be void and a new Developer Extension Application, along with application fee, will be required. 5. In the event work and construction described herein is not commenced within six (6) months from the date plans and specifications have been approved, this Agreement shall be void and of no force or effect whatsoever. In the event that work has commenced within the time period specified herein, construction shall be completed on or before July 31, 1999 If construction is not completed by such date, this Agreement shall be void and of no force or effect whatsoever. 6. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement. 7. The District's engineers shall review final plans and specifications for sewer and water main construction to be performed by the Developer under this Agreement. If preliminary plans are not deemed acceptable by the District, Developer shall be obligated to revise the plans and specifications in accordance Wttll uca.Lga �L&ud•145 acceptably by the District. After Developer has been notified in writing by the District that final plans and specifications have been approved, Developer and Developer's contractor shall meet with District representatives for a preconstruction conference before construction is commenced. The Developer shall submit mylar originals and duplicate reproducible mylar originals prior to the ,preconstruction conference. Page 2 8. Developer agrees that it shall be responsible for providing to the District accurate and reliable information concerning the actual location of the facilities constructed. In furtherance of this obligation, Developer shall procure from its design engineer, Bar hausen Consulting Engine "' n ineers, Inc. , or such other licensed engineer or surveyor that wi be consulting on the construction phase of the project, a written statement, which shall be submitted to the District prior to the preconstruction conference, warranting and guaranteeing that accurate data will be collected during construction of the facilities to enable the engineer to submit actual and reliable "as -built" locations to the District. At the conclusion of construction and prior to and as a condition of acceptance, the engineer shall deliver to the District its certification that it has made periodic field investigations and measurements during construction and that the "as -built" drawings submitted to the District are accurate and reliable. In addition, the engineer shall be required to stamp and sign the Department of Ecology's "Declaration of Construction of Water Pollution Control Facilities." The District shall have the right to approve any change in the consulting engineer or surveyor during the project. and Developer agrees that the District may refuse any change in the consulting engineer or surveyor or may condition the same on resubmittal of the warranty of location described above. No approval of any new engineer or surveyor shall be unreasonably withheld by the District. 9. In addition to all amounts payable by the Developer, as set forth herein, the Developer shall pay, prior to the c" preconstruction conference, the sum of $35,175.84 as and for a cm latecomers charge for sewer facilities previously constructed ` which provide direct benefit to Developer's property, or a portion c of Developer's property, pursuant to and in accordance with ® District Resolution No. 97-830, Section C, and any subsequent amendments thereto. 10. The District will make application for City of Federal Way 'Right-of-way Construction Permit'. Developer acknowledges familiarity with the provisions of such Right-of-way s Construction Permit and agrees that it or its contractor's failure to comply with any of the provisions of the permit shall entitle the District, in addition to the right to enforce any other remedy available to the City of Federal Way as the permitting party, to immediately stop all construction activity on the right-of-way until the violation or violations have been eliminated and corrected to the satisfaction of the District and the District should not be held liable for any damages, either direct or indirect, for the delay and expense of such work stoppage. Developer shall procure all other state, county and city licenses or permits. 11. In the event an easement is required over realty other than realty described in Paragraph No. 1 herein, such easement, in form acceptable to the District; together with title report or other sufficient proof of ownership of such realty, shall be delivered to the District prior to the preconstruction conference. Developer shall be obligated to obtain a written release from any property owner across whose property construction is performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement is satisfactory and complete. 12. Prior to the preconstruction conference, Developer shall deliver to the District a restoration performance bond in the sum of $4,000.00, conditioned that Developer will restore to the satisfaction of the District, and state, county, and city agencies as applicable, all work to be performed hereunder in public rights -of -way and District easements. Form and contents of bond shall be determined by the District. Page 3 rn rn rn 13. Construction shall be performed in accordance with District approved plans and specifications and only under the supervision of workers or craftsmen experienced in the installation of sewer and water mains and the related work. 14. By execution of this Agreement, the District does not guarantee sanitary sewer service will be provided to realty described herein. In the event that any District facilities, such as lift stations, treatment plants and sewer trunk lines, become utilized beyond their design or approved capacity or become inoperable for any cause, the District reserves the right to refuse any connections which would use such facility until remedial action has been completed, and the District shall not be liable for any direct or consequential damages 'which occur to Developer arising out of such District refusal to connect or time delay necessary to take remedial action. 15. The Developer and its agents agree to indemnify and hold the District harmless from any and all claims which may be assessed against the District as a result of the construction or, maintenance of the work described in this Agreement prior to - acceptance by the District. The Developer shall maintain in full force and effect during the construction period, liability insurance in the minimum amounts as follows: Bodily injury liability coverage with limits of not less than $500,000.00 for bodily injury, including accidental death to any one person, and subject to that limit for each person, in an amount of not less than $1,000,000.00 for each accident; and property damage coverage in an amount not less than $1,000,000.00 for each accident. A certificate of insurance shall be provided, prior to the preconstruction conference, stating the amounts of the coverage and the inclusion of the District as an additional insured. Ten days written notice shall be given to the District for cancellation or expiration of this insurance. 16. Developer shall notify the District the date work and construction described in this Agreement will commence, and said notice shall be given not less than 72 hours (not including Saturday, Sunday, or national holidays) prior to such date. No sewer or water facility shall be covered prior to inspection. After work is commenced, it shall vigorously, consistently, and in a first-class workmanlike manner be carried to completion. Developer shall maintain at the construction area at all times during construction, a representative to whom District notices may be given regarding construction. Said representative shall be designated in writing by the Developer before start of work. Developer may request inspections during construction upon two (2) days notice to the District. 17. Testing of sewer and water facilities shall be performed as required by the District and only after satisfactory tests have been completed and witnessed by the District's designated agent, will the work be accepted. Developer agrees that at such time as the District has performed inspection of the sewer and water connections and has delivered itemized punch lists to Developer and/or Developer's contractor, that the project will be pursued to final completion, including the performance of all necessary site restoration. 18. Upon completion of construction, Developer or contractor shall deliver to the District a bond in the amount of ten percent (10%) of construction costs or $5,000.00, whichever is greater, that a reliable contractor will make and pay for repairs necessary within one (1) year from the date of acceptance of said construction, arising from faulty labor or material. Form of bond is to be approved by attorney for the District. Developer shall Page 4 also deliver Bills of Sale for sewer and water mains and appurtenances installed and constructed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District. 19. Upon completion of construction, Developer shall submit, for acceptance and approval of the District, a statement of monies and/or other accounting of monies expended to perform construction described herein, together with such other engineering records and data as may be required by the District. 20. In the event Developer requests and the District provides water meters for the realty described herein, prior to District's acceptance of work, Developer agrees to be solely responsible for any loss or damage to such water meters or their installation, which occurs prior to said acceptance of work by the District. 21. Work and construction performed under this Agreement shall not be connected to the District's sewer and/or water systems until all provisions and requirements of this Agreement and District Resolutions, on the part of the Developer, have been. fully complied with. 22. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent or partner of Lakehaven Utility District. 23. Developer shall not assign this contract without the written consent of the District. 24. The District shall provide sanitary sewer service following the District's acceptance of the sanitary sewer system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No. 97-830. Said connection charges shall consist of the Capital Facilities Charge (CFC), Side Sewer Permit Fee and any other such charges to be levied in accordance with said District Resolution No. 97-830 or amendments thereto or any.other applicable District Resolution at time service is requested. 25. The District shall provide water service following the District's acceptance of the water distribution system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No. 97-830. Said connection charges shall consist of the Capital Facilities Charge (CFC), Meter Installation Charge and any other such charges levied in accordance with said District Resolution No. 97-830 or amendments thereto or any other applicable District Resolution at time service is requested. 26. Partial waiver or waiver by acquiescence by the District of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. 27. This Agreement shall constitute an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Developer. This Agreement shall constitute an equitable lien against property described herein and in the event of nonperformance by Developer, as stated herein, the District may foreclose said lien in the manner authorized by law. 28. This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. Page 5 N 0 CD 0 1115 CV CV rn cn rn 29. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provision or provisions of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its actual attorney's fees and costs, including those incurred on appeal. WITNESS our hands and seals. WAREMART, INC. By I t s Date: 1 -3D- eft/ J7DArK STATE Q ) �A as: County of ltxrsg ) LAKEHAVEN UTILITY DISTRICT King County, Washington Wateoperations Engineering Managex Dated: �c . 9 I fie or I certify that I know or have satisfactory evidence that GA,-y R. PIrA signed this instrument, on oath stated that I/c was authorized to execute the instrument and acknowledged it as the o of WAREMART, INC., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: !r /U /Sg C{��. . �' ' . ;i6� Notary Public oTn',� Title My appointment expires 6C)d tj Page 6 cl-+ 0 cn 0 00 C"i CV CV C" rn rn T_ EXHIBIT "A" LEGAL DESCRIPTION (PER TIRE COMPANY) THE LAND REFERRED TO IN THIS COMMITMENT 15 SITUATED IN THE STATE OF WASHINGTON. COUNTY OF KING AND IS DESCRIBED AS FOLLOWS. THAT PORTION OF THE EAST ONE-HALF OF SECTION 19. TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER OF SAID SECTION 19; THENCE NORTH 87'58'05' WEST 116605 FEET TO A POINT ON THE NORTHERLY MARGIN OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER 8501170665. RECORDS OF SAID COUNTY, AND THE TRUE POINT OF BEGINNING: THENCE SOUTH 81'45'00' EAST 1052.64 FEET TO THE DECIN, LING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85' 18'25' TO A POINT OF CUSP WITH THE WESTERLY MARGIN OF FIRST WAY SOUTH FIRST AVENUE SOUTH AS DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 73060 0524. RECORDS OF SAID COUNTY, SAID POINT OF CUSP BEING THE BEGINNING OF A NON -TANGENT CURVE,CONCAVE TO THE FAST HAVING A RADIUS OF 850.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 77'03'25' WEST; THENCE SOUTHERLY 110.67 FEET ALONG SAID CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 07'27'35' TO A RADIAL UNE OF SAID CURVE WHICH BEARS NORTH 84'31'00' WEST; THENCE CONTINUING ALONG SAID WESTERLY MARCIN ALONG SAID RADIAL LINE SOUTH 84'31'00' EAST 8.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 842.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 227.54 FEET ALONG SAID CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 15' 2 4'00'; THENCE CONTINUING SOUTH 10*00*00' EAST 115.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 958.00 FEET; THENCE SOUTHERLY 186.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'08'58" THENCE CONTINUING SOUTH 01'08'58' WEST 528.03 FEET TO SAID NORTHERLY MARGIN AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET, THENCE SOUTHERLY. SOUTHWESTERLY AND WESTERLY 39.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'58'37-; THENCE CONTINUING ALONG SAID NORTHERLY MARGIN NORTH 88'52'25% WEST 83.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 358.00 FEET, THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 513 92 FEET ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 82' 15'00'; THENCE NORTH 06'37'25' WEST 386.46 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 702.00 FEET: THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY 920.47 FEET ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 75'07'35' TO THE TRUE POINT OF BEGINNING; BEING KNOWN AS THAT PORTION OF LOTS J. 4 AND 5. BLOCK 5. LAKE1000, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUTAE 16 OF PLATS, PACE 35, RECORDS OF KING COUNTY, WASHINGTON, LYING NORTHEASTERLY OF THE NORTHWESTERLY MARGIN OF S.W. CAMPUS DRIVE; AND -THAT PORTION OF BLOCKS 6, 12. 18 AND 24 OF SAID PLAT OF LAKEWOOD AND STREETS BETWEEN SAID BLOCK VACATED BY KING COUNTY ORDINANCE NO. 3465. RECORDED UNDER RECORDING NO. 7711070559 AND AS VACATED BY KING COUNTY ORDINANCE NO. 7692. APPROVED JULY 18,1986, LYING NORTHERLY, NORTHEASTERLY AND EASTERLY OF THE WEST MARGIN OF SOUTHWEST CAMPUS DRIVE, AND WESTERLY OF THE WEST MARGIN OF 1ST AVENUE S.W. SITUATE IN COUNTY OF KING, STATE OF WASHINGTON. smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument GUID=859713b6-5d87-499b-b6cd-8b09l7lfOdb5 [9/8/2016 2:35:25 PM] C:3 r- O M N C'V Return Address: Lakehaven Utility District P O Box 4249 Federal Way, WA 98063-4249 20000523001110 LAKEHAY$N JJT1L AG 20 08 PAGE " of 003 05/23/ 0 12-00 KING COUNTY, up COVER SHEET Document Title: Agreement for Connection of Water and Sewer Facilities as Substantially Complete Reference Number(s): 19991222001602 Grantor(s): Winco Foods, Inc Grantee(s): Lakehaven Utility District Legal Description: Por SE 1/4, Section 19, T21N, ME, WK King County, Waslungton Additional legal description is on Extibit "A" of Agreement (19991222001602) Assessor's Property Tax Parcel/Account Number: 415920-0710 DISTRICT USE ONLY BELOW THIS LINE Account Number: 1.245.100,2000.000/2.245,100.2000 000 Project Number: 6398180 Fund: (circle one) WATER / SEWE9 I Amount: $10.00 WAREMART Agreement No. 98-400 Agreement for Connection of Water and Sewer Facilities as Substantially Complete WHEREAS, the District and Developer have entered into a Developer Extension Agreement dated December 9, 1999, and recorded under Auditor's File No. 1999122,2001645z. providing for the connection of facilities constructed by the Developer to the District's water and sewer systems, and WHEREAS, the water and sewer facilities to be so connected are substantially complete and suitable for connection under District Resolution allowing for such connection prior to final o completion, and WHEREAS, to accommodate Developer's construction schedule, the parties mutually N Ir C' desire to extend the applicable period for completion; 0 0 `-' NOW, THEREFORE, IT IS AGREED as follows: N 1. The parties hereby agree that the completion date for the project, as set forth in paragraph no. 5 of the Developer Extension Agreement, shall be July 31, 2000, and said paragraph no. 5 is amended accordingly. 2. This Agreement shall modify the Developer Extension Agreement No 98-400, for Waremart, only so far as the extension of the completion period and the connection of water and sewer facilities to serve the property as substantially complete are concerned, and the Developer shall be obligated to comply with all provisions in the Developer Extension Agreement regarding the final completion of the facilities to serve the property. 3. The Distnet shall allow connection of the water facilities to said property upon execution of this Agreement and all other documentation necessary for acceptance of the protect, completion of a satisfactory purity test, and delivery by Developer of the sum of $13,700.00 to the District, which sum shall be deposited in a District account and held to insure the final adjustment of seven (7) hydrants, thirteen (13) valve boxes, one (1) meter box, and three (3) detector check vaults, and the final completion of right-of-way restoration and one (1) sheet "as -built" mylar water plans, as same is needed to fully and finally complete the project in accordance with the Developer Extension Agreement. In the event that the final adjustment of seven (7) hydrants, thirteen (13) valve boxes, one (1) meter box, and three (3) detector check vaults, and the final completion of right-of-way restoration and one (1) sheet "as -built" mylar water plans, are not completed by Developer on or before July 31, 2000, the District shall be authorized to utihze the funds so deposited to accomplish the necessary work and Developer shall have no further claim on the funds 4. The District shall allow connection of the sewer facilities to said property upon execution of this Agreement and delivery by Developer of the sum of $4,000 00, which sum shall be deposited in a District account and held to insure the final adjustment of six (6) manholes and the final completion of two (2) sheets "as -built mylar sewer plans, as same is needed to fully and fuially complete the project in accordance with the Developer Extension Agreement. In the event Page 1 0 C7 m that the final six (6) manhole adjustments and the final completion of two (2) sheets "as -built mylar sewer plans are not completed by Developer on or before July 31, 1999, the District shall be authorized to utilize the funds so deposited to accomplish the necessary work and Developer shall have no further claim on the funds. 5. All other provisions of the Developer Extension Agreement referenced above which are not herein modified shall remain in fall force and effect, WITNESS our hands and seals. WINCO FOODS, INC. By Date: , (� Z=o 0 0 _ alrsfa oM STATE OF IMMEMMMR) ) ss: County of 3GkW ) MkAA. s-, LAKEHAVEN UTILITY DISTRICT King County, Washington Water Opemtions & Engineering Manager Dated: J q., 14 �a a I certify that I know or have satisfactory evidence that , They, i�4 � ;"# signed this instrument, on oath stated that 6 L was autho`"rtze` d to execute the iustrumennt and acknowledged it as the SoLeXjrr it of WTNCO FOODS, INC. , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: OFFICIAL SEAL PECOY JO MAYES NOT1Ir1v!-t 13u, -cnEC, )N COMMIS. Iorl r'o atfan77 No!M Public_ [?00 Title My appointment expires: A4U. _3 A,W Page 2 smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument_GUID=4b52fdfe-2ebb-4927-8374-d2a39884faf5 [9/8/2016 2:35:53 PM] r.n r— a 0 0 Return Address: Lakehaven Utility District l j P. O. Box 4249 Federal Way, WA 98063-4249Oje l l q�[ `N00ENOF 002 P �i1�007Y{tAyyA KIKG G uN COVER SHEET Document Title: Certificate of Completion/Release of Lien Reference Number(s): 19991222001602 Grantor(s): Lakehaven Utility District Grantee(s): Waremart, Inc Legal Description: Por E 1/2 Section 9, T21N, R4E, WM, King County, Washington Additional legal description is on Exhibit "A" of Agreement (19991222001602). Assessor's Property Tax Parcel/Account Number: 415920-0710 ' i •� ,1�� c ri.,•1 •�-a+:.1 i� � i • ] •�t �'f1fi. ..nlf' 1M y •6•�L4�L4irl <�R�r' `! a»�.1= 1'r' .. �. • f[ [[� •1 aVV \ 1 [q�'Q;:2jp7s � 9[ l�� lVl. gz 6398 80 ice: � ,fry.-' [[n > i••si�c. o,.= -yj:. ! � �.a %�= .i� r [.! �d�,.p tr �'pr�II.} s[, ns •• .^ - =�'rr 1- _ 1� dW'dv��rq{`ler�'r�,� i, [ t�.. _ ..r ,, r <• = r'{ ' ay r• L �. r �'r Q� yet , YYA1rJ1'AY/°s7.GCY►'.f'e r s ;..�•s - c•[M1'' $00 • ` 3a Y = • s Y LAKEHAVEN UTILITY DISTRICT CERTIFICATE OF COMPLETION / RELEASE OF LIEN The undersigned, the appointed member of LAKEHAVEN UTILITY DISTRICT, King County, Washington, hereby certifies that all work required to be performed pursuant to Developer Extension Agreement No 98-400 dated. 12/09/98 and recorded under King County Auditor's File No 19991222001602 for the Development of Waremart has been satisfactorily completed The Developer waremart Inc_ has fully complied with all of the Developer's obligations pursuant to said agreement, and without waiving the bond indemnity provision or other requirements in said agreements, the District has accepted the facilities referred to therein for maintenance and operation The lien created by Paragraph 27 of said agreement is hereby satisfied and released, PROVIDED, however, connection fees as described in said agreement may be payable on the realty described therein and no sanitary sewer and/or water service will be provided by the District until such fees have been paid in full Dated this o fA day of March STATE OF WASHINGTON ) CV ) SS: County of Kina ) 2001 LAKEHAVEN UTILITY DISTRICT King County, Washington Bertram L. Ross cigmcermg Manager I certify that I know or have satisfactory evidence that Bertram L. Ross signed this instrument, on oath stated that he _ was authorized to execute the instrument and acknowledged it as the Engineering Manager of LAKEHAVEN UTILITY DISTRICT to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument DATED U° NOM-11PT-1 Y F PU u' , . LUD 201 D 19 (07120/00) (1 Record Num - Notary Public Title My Appointment expires smiriVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=0ld97771-8e91-4b45-a839-8c9lbeelb6f6 [9/8/2016 2:36:18 PM] RETURN ADDRESS: I J t)1410000311 Puget Sound Energy, Inc. Atte RAN Department P O Box 97034 OBC-1 t N Box Bellevue, WA 97034-9734 PUGET 91 OF EH EAS 11 0e PAGE B0t QF 0e4 04/101Z080 10 22 KM COUNTY, WA EASEMENT REFERENCE # GRANTOR- IMnCo Foods, Inc GRANTEE PUGET SOUND ENERGY, INC SHORT LEGAL 19-21-0E ASSESSOR'S PROPERTY TAX PARCEL 415920-0710-08 For and in consideration of One Dollar ($1 00) and other valuable consideration in hand paid, WInCO Foods, Inc., fka Waremart, Inc, ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC, a Washington Corporation ('Grantee' herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ('Property" herein) in ICING County, Washington THAT CERTAIN PARCEL OF LAND CONVEYED TO WAREMART, INC, AS DESCRIBED IN DEED RECORDED UNDER KING COUNTY RECORDING NO. 9806240947, IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST o QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN. o o expressly solely Except as may be othervnse,,set forth herein Grantee's rights shall be exercrsedAupon that portion of the Properly ("Easement Area" harem) described as follows 0 SEE EXHIBIT 'A' ATTACHED HERETO AND BY THIS REFERENCE MADE A c PART HEREOF. c� N 1 Purpose Grantee shark have the right to construct, operate, maintain, repair, replace, improve, remove. enlarge, and use the easement area for one or more utilrly systems for purposes of Iransrrusslnn, distribution and sate of gas and electricity Such system may include, but are not limited to Underground facilities Pipes, pipelines, mains, laterals, conduits, regulators and feeders forges, conduits, Imes, cables, vaults, switches and transformers for electricity, fiber optic cable and other lines, cables and facildws for communications, semi -buried or ground -mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing Following the initial consvuct+on of all or a portion of us systems, Grantee may, from time to time, construct such additional facilities as it may reasonably require for such systems Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder Grantee shell compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee Except In the case of emergency, Grantee shall not block Grantors access without prior written permission from Grantor 2 Easement Area Cleanng and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegelahw) in the Easement Area with the prior written permission of Grantor, except for Initial construction and Installation of Grantee's facllitlas or In the case of emergency Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area , 3. Grantors Use of Easement Area Grantor reserves the right to use the Easement Area for any purpos^ not mconsrstent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 Feet of Grantee's facilities without Grantee's prior written consent 4 Indemnity Grantee agrees to mdemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others UG Gas & Electric Easement 1111999 EXCISE TAX NOT REQUIRED 10100555E IGrrg Gaunty R res Omsian BY. Deputy 5. Abandonment The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any imoiavements remaining in the Easement Area, shall revert to or otherwise become the property of Granlor. provided, hawever, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof 6 Successors and Assigns Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and intere,sis ansing in and under this easement Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns DATED this 30 day of AA &4 .2000 GRANTOR KnCo Faods ac , Waremart, Inc. By BY STATE OF �ANo y COUNTY OF %I A� SS On this day personally appeared before me GMLY_ R .. P& VA and _ _ to me known to be the C Fo and , respectively , of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation GIVEN under my hand and official seal this V t++ day of RRC w 20 oa cn CM 0 c� .�.•' CA MNo •. Print Name _ lTn To Y 0f1"v Aid , Q •� � ac-VAR Notary Public in and for the State of �DArto � O- o ■ } �•� t: _ * ' Residing at_a■•SE CNI # PUS 1Pr0 : G�3d f?.00 My commission expires I _ � TE O4 �,•■•' cn 0 c 0 0 0 0 co CV EXHIBIT "A" LEGAL DESCRIPTION BINDING SITE PLAN No BSP 97-0001 UTILITY EASEMENT for Puget Sound Energy PORTION of TAX LOT No 415920-0710 All that certai situate 1n the City of Federal Way, King County, State of Washin portion of that certain parcel o to Waremart, Inc , as recorded under King County Recording No 9806240947 r of the Southeast Quarter and the Southeast Quarter of the o ection 19, Township 21 North, a lillamette Meridian, and ore particularly described as follows An EASEMENT for Utility purposes, appurtenances thereto and maintenance thereof, in, on, over, under, through and across a uniform strip -of -land 10 00 feet in width, the Southerly and Westerly sidelines of which are described as follows Commencing at the intersection of S W Campus Drive and 1"Avenue SE said point being the South Sixteenth corner common to said Section 19 and Section 20, Thence, along the East line of the Southeast Quarter of Section 19, North 01 °08'58" West 43 50 feet, Thence, North 88051'02" West 58 46, feet to a point on the West Right -of -Way line of 1" Avenue South, said point being the TRUE POINT OF BEGINNING of the Southerly and Westerly sidelines of the herein -described stnp-of-land, THENCE along the following courses 1) North 88152'25" West 43 47 feet, parallel with and 43 50 feet North from the centerline of S W Campus Drive, 2) North 78°05'01 " West 107 80 feet, 3) Westerly and Northerly 424 05 feet, along the arc of a 340 00-foot tangent curve, concave Northeasterly, through a central angle of 71127'36", 4) North 06037'25" West 88 40 feet, 5) North 13°26'56" West 88 35 feet, 6) North 06037'25" West 219 19 feet, parallel with and 53 00 feet East from the centerline of S W Campus Drive, 7) Northerly and Westerly 373 87 feet, along the arc of a 660 00-foot tangent curve, concave Southwesterly, through a central angle of 37027'24", 8) North 51110'47" West 32 88 feet, to a point on the Northeasterly Right -of -Way line of S W Campus Drive, 9) Northerly and Westerly 374 55 feet, parallel with and 42 00 feet Northeasterly from the centerline of S W Campus Drive, along the arc of a 702 00-foot radius curve, concave Southwesterly, through a central angle of 30134'13", to the Northwest corner of the parcel described in Recording No 9806240947, and being the terminus of the Southerly and Westerly sidelines of the herein described strip -of -land The Northerly and Easterly sidelines of the above described strip -of -land are to be lengthened or shortened to terminate at the boundaries of the parcel described in King County Recording No 9806240947 The above described strip -of -land contains approximately 18,194 square feet, more or less SEE ALSO, "Exhibit Map", attached hereto and by this reference made a part hereof, for a graphic representation of the herein described Easement strip -of -land r •` f End of Description jE i�_ �•..'; - X { Prepared by a f!r Barghausen Consulting Engineers, Inc i L 1 i CNL1"Slsd k ro11B1 71doc16127PSE1 doc Mi �0 4 aM D�ul� V 3�e --------------_-N8T58f15w 116605' 6.1/4 _ --_- -----_ - ---- - - --- -�v .� ace. 1 $-fry, ssas�' S81-45bo-f •� '� Tract E t__ Park Dedication gJ85am. 7 p 41Z .� 16001 acres 5lE7195x1ry telr4s7' rs R�0 � 700. . IL=2 7 54' JJ saaoaca7 a=1,5'29,0( X rsr 2s' R=81f2 00' R=560LG' { Lot A Y �� s� L=37Jar �* 1 5R459�87r •WINCO' A=372724' 1782 CS y l 8 824 acres Z 1-4 I1 1 Y (n N v 0 42 53 L=186 42' S 0 =11'06 58' o � n R=958A7' N y 42' W 4 4 N Nam. O G.. Scale 1'=200' cn a 0 1 S1T2636T U35' F 114W0000T m0r'.' 8844 Lot B a "' o - Lot D 'n 0 7679 acres 8 $ 1 1789 acres Nit w Puget Sound Energy Easement a C' ,ry En 16,194 t sgft apt, 2,00' o �� Z N900000T c-3 < E=42405' Lot Ci `~ Q A=7r2736" 1 2486 ocres T P 0 8 "say a Additional Right -of -Way Dedications ' v_ r 1/16 R= 25 W EXHIBIT MAP -Binding Site Plan No. BSP 97-00 26'37� UTILITY EASEMENT for Puget Sound Energy PORTIONS of the N.E.1/4 of the S.E.1/4 & the S.E.1/4 of the N.E.1/4 of SECTION 19, Township 21 North, Range 4 East, Willamette Meridian City of FEDERAL WAY KING County State of WASHINGTON smartVIEW Online Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbindl?Orderpocument GUID=c8e25204-00ed-47d2-a471-ea5956479d6a [9/8/2016 2:36:27 PM] RETURN ADDRESS Bradley J. Wiskirchen, Esq. Holland & Hart LLP P 0 Box 2527 Boise, ID 83701-2527 KIN COUNTY, MA Please print neatly or type information Document Title(s) Declaration of Easements and Conditions Reference Numbers(s) of related documents 9806240947 Grantor(s) (Last, First and Muddle Initial) WINCO FOODS, INC., an Idaho corporation Grantee(s) (Last, First and Muddle Initial) None Additional Reference p's on page Additional grantors on page _ Additional grantees on page _ Legal Description (abbreviated form i e lot, block, plat or section, township, range, qum terlquarter) Lot A, Lot B, Lot C, and Lot D of Binding Site Plan No. BSP 97-0001 melon O aX dot NO.74' 0710 Additional !e a] is tin page 35 Ex� Assessor's Property Tax Parcel/Account Number t 415920-0710 (portion) Additional parcel d's on page The Auditor/Recorder will rely on the information provided on this Form The staff will not read the document to verify the accuracy or completeness or the indexing information provided herem CITY OF Federal Way BOUNDARY LINE ADJUSTMENT xa +s+onaaaaau o � BASIS Ol BEARWWS a.Gw rrro9oa' LEGEND zm rsr,'a..� w .t ,.o. n'ns2F .wux[o •uxsav . z P IWIM x .e�aar u ,ro n�rv.m a7ua �,Ai wx�rp y.o.r.wwa To,o ®i�c,ry or ,ro wiv Rl+F+� �,CfWK.itl 111�-3" � i rainy/: �K:�1YYC p0.1 Wig} ,U xcvc cwxry I�.,�I �K�avS��arc'119 �+wK i�M.'jU urnun.v �.m�taa'�s�n�"w�u�xe�o�n�v, uxruvgcx ISg:l.'uni"ry amifab.e/ f+nt grotl/ ® lam. a'+.F y• P�r>m�J �a'sV�RN ,rrc cvr 1 t II l it t THE NE B or TN£ 5£ !%t O�f-C7/ON ,Y, L07 A rnLr- P 77 NORTH RANGE d £AST- W.M.. -�----______r_r_r�, tlK Lpc I I 1 I I I iDr G 1 1 = I i tare tI I ! CURVE TABLE CURVE LEMN RIONS DaM nf. TJM ,r m.Ga ICHYfI' sr� � . 1 LOT "C„ PR 111 AI INE REOUESr OF W/NCO FVV. LLC LA R S O N ....... WINCO /1OL01NC5, 7NC.11 Min r Y..d9.... afv wra—aS Tpfo v+fo ur: Mb f .!V tOF3 �]s,��jµlplpVl-f,fl 4\� Federal Way BOUNDARY LINE ADJUSTMENT Ib. F?La.Ei•OR:u �0/ rtduAi war xo cauxrr, w axixorox A UTNORIZA TION IVlMCo reooy LlC ♦ coaeAtr lJ.q'rYL rJAtrur>• C[ W4Y/r' crnt rnnco r�io. w 1•.lea .r� r.�dGEMlNTS �<v a _rjk��� MCI r xr3.cwr io ANDgEq C DOG rRr.. r. r, ru,: iMT�lf.f/!k a ley _ Srn1E OF IDAHO� rr.r �vl''w.� s*s!rroHr nerq err �SL�1 e rv_ nne eb T ,.w..eC .c no Irao.r rw i'rievic ramie o.. #��� ANDq_nC DDG NOTRq� P JCL �C S�91E r .:n0 20 31224900009 smWii J-'-.. ..... w.wrx,a wAr �� C�r�r►h� _ 1+: a W 1•v or 649S OF BIf+Wl7W ytLl��y�LwKIM� M.rvrn rry NYU LYm Fr.lrvl. N![nl am,.rty vr.. .re�'r• xa•rr-vasn>s SCE CNLARCEDr_ I�LCw; SNqrCr 7l �•• IrrreRv ► � l e, F ,ru l�ya.. r�,srr, vroyeY• o ra��- ro w,u„rn uwneo �.Tsev $� • °aos'°H rie, r+ i.•rs �av wP.rm :y_-_C. Aea•1 rvTu r�uv�c +vap/�iN.fr• ry r6vr!�v14'r i+�r'%I�. NM. L-JR• xerca asrvicr 1jv ri �w�rolo .) U�wvFtorsioi e Mt tAq�vaf HawYyy q r.ue��a very rrirp(xr� 'AN ® co, ,rrryu w"<". � ��,";Aa„c i �=oo9`oir""oo�°r�i m` `r• %L 11 N£ LOT A - ORIGINAL DESCRIPTION Le•A an .. .rr....r w xr rw.au nsr 1L.11 r�Lx+Wa�i�icirC��.�•�A•p �C.a+MYvci:-nc 20 LOT 9 - ORIGINAL DESCRIPTION .dA p toTl.i x; rrlanMr ML reAr, .v[ gca aptlL NNVtA 1a'iuut rr y�xa [,.n. rr�c•�a:,, vc n, e ryllµsrr, w rwe caiw5 v.�pa LOT D - ORIGINAL DESCRIPTION �omc arrrr t4rrr..;e a�u ruv. Pcc",.u,,c •n IN rr.. w nrK+crr w.w-� tu�ir:t•:ur:Y. n:�L°riurv...ycemv r`�`°°L r CURE M&C CURW LENGTH RADIUS DELTA CURVE LEN W R US DELTA Ig1.G rI-}Y- cic es yns'a- �. rrfl Ie-LON lrp/r- rya IrYtF' r/1 0 f w- _ ire r. carve aurcrc rux a etwrnnaTe .+�+..a..w.uw _ .x�ur,ry q .u....'emrrca. Frye :,":� -" •• :, .,. wa ra�`•r•xv+r. ^ uOYST �.: � � .,r n.,• Ilia,. a u71 . � _ ear sn..� l5Z-3'13 PREPARED AT THE RCOUCST OT WINCO F090S LLC WINCQ NGMNBS INC. may +ba.v t; mu enoea.Fr w. r-ma rLwa lI NpRR/r RANGE 4 CAST. W,M. iPA! WAY- ICING LOLwill WA.gf0m., LOT A - REVISED DESCRIPTION OF! P/Mr n.Irrr•r w ¢.,� yqpA.fer �,. racuLxi� .fie r�nnd0.'a mw � www m ru r✓10 car —.Si rrw[e P r� t .+•' 1pl Y]ra i1 .R atar p¢ o�'ri rs m.lb +i+1 rrte .i+w 1CPwrft wAiv (rnp'u•!C ti4t61•rr. w �• i.+r . rw ram• sy�.,�rraavp�.p�r�ria�a nr• r�aw•r � I..iN.fAK LOT B+8 REVISED DESCRIPTION uer.v. t 4vrhrt An•y wr,er nrcxv l/rppGrr.e.ocr, Ea�f.Mren'�e a .�r+.u�c S,�t nrreerEr ��aqp�{••ow-W AkftWNp,w yu 11 =usl' .'u.rrmc 1Z i.al0•le.efs v,r. LOT D - REVISED DESCRIPTION f}1N r�ur1pr�f'y'o Aml.Y•u y�r cm �^rz.,u T�c'a4vla'O �pi���F r ynO. rnn w iifn�ryrxv°�.r 1pra�nvc /xWR�rx w-.5;-.n�k�x�rgrlN�ai'zir r�rrc w'ww: oi�un YagrL'e�:,vr,: VICINITY L.f iP LARSON smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.net/smaitbind/?Orderpocument GUID=b307a2d6-5016-4512-bf64-6456a9806ef7 [9/8/2016 2:38:45 PM] -4 20090219001770.003 RIGHT OF EN EXHIBIT "A" (4 1'5920'-07 1 C) .. .................... -3- EXHIBIT A PARCEL NO. 416920-0710 RIGHT OF ENTRY PARCEL: 415920-0710 200902190N a70.002 .11,�aIAo STATE OF Wx4SHtNrT1 ss. COUNTY OF VQII AJOr I certify that I know or have satisfactory evidence that Steven Goddard is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath, stated that he was authorized to execute the instrument and acknowledged it as the Chief Executive Officer of Winco Holdin Inc, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this � day of 2008 KU YResiding at SOT AR r My appointment expires _ 7 8 r�+ h r� or. ►° -2- PARCEL: 415920-0710 20090219001770.001 Return Address: City of Federal Way Attn: John Mulkey, Street Systems Project Engineer 33325 8th Avenue South P. O. Box 9718 Federal Way, WA 98063-9718 RIGHT OF ENTRY 44.00 003 Grantor: WINCO HOLDINGS, INC., an Idaho corporation Grantee: CITY OF FEDERAL WAY, a Washington municipal corporation PACTM NORTHWEST T l'L6 Legal Description (abbreviated): Ptn. NE %4 SE'/4 19-21-04� Assessor's Tax Parcel ID#: 415920-0710 RECITALS A. WINCO HOLDINGS, INC., an Idaho corporation, (Grantor) is the owner of certain real property (the "Property") located in Federal Way, Washington, and legally described as follows: Lot A, City of Federal Way Binding Site Plan No. BSP 97-0001, recorded under Recording Number 20001120900005, being a portion of the northeast quarter of the southeast quarter of Section 19, Township 21 North, Range 4 East, W.M., in King County, Washington. B. The City of Federal Way, a Washington municipal corporation (Grantee), desires to construct improvements to South 3481s Street at 1" Ave South intersection, and requires entry onto a portion of the Property in which to locate the improvements. C. The undersigned ("Grantor") having an interest in that certain real property located at 160 SW Campus Drive in Federal Way, Washington and depicted on Exhibit "A" attached hereto and incorporated by this reference, Grantor does hereby grant to the City of Federal Way, a Washington municipal corporation ("Grantee"), and to its agents, the right of entry onto the Property for the purpose of construction of the driveways, slope restoration, drainage, utilities, irrigation, and property restoration. Said right of entry shall commence at such time as the City of Federal Way issues NOTICE TO PROCEED to the prime contractor for construction of the South 348 h Street at 0 Avenue South Improvements Project and shall terminate at the completion of the project. DATED THIS 1 04`�' GRANTOR WINCO HOLDINGS, INC. By: Steven Goddard day of �f� 6i.I'�_ 2008. Its: Chief Executive Officer -1- PARCEL: 415920-0710 smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=57614c7a-3d8c-4f3b-9c26-764b87579400 [9/8/2016 2:38:42 PM] cc 0 C, Ln c-1 LAKEHAVEN UTILITY DISTRICT CERTIFICATE OF COMPLETION / RELEASE OF LIEN The undersigned, the appointed member of LAKEHAVEN UTILITY DISTRICT, King County, Washington, hereby certifies that all work required to be performed pursuant to Developer Extension Agreement No 0 0- 4 7 3 dated 0 9/ 2 2/ 0 0 and recorded under King County Auditor's File No. 2000122700280.9 _ _ for the Development of wznco Watpr Main Relocation has been satisfactorily completed. The Developer winco Foods. Inc. has fully complied with all of the Developer's obligations pursuant to said agreement, and without waiving the bond indemnity provision or other requirements in said agreements, the District has accepted the facilities referred to therein for maintenance and operation The lien created by Paragraph 23 of said agreement is hereby satisfied and released, PROVIDED, however, connection fees as described in said agreement may be payable on the realty described therein and no sanitary sewer and/or water service will be provided by the District until such fees have been paid in full Dated this Z d day of March , 2001 LAKEHAVEN UTILITY DISTRICT King County, Washington Bertram L. Ross STATE OF WASK NGTON ) ) ss: County of _Kind__ — ) Engineering Manager I certify that I know or have satisfactory evidence that Bertram L. Ross signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Engineering Manager of LAKEHAVEN UTILITY DISTRICT to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED LUD 201 D 19 (07120100) (1 Record Number) Appointment expires CCT cm 0 0 rLM 0 CV Return Address: Lakehaven Utility District "11110 IkEn P O Box 4249 20010504 - - - - 15 LAKEHAVEN UTIL RL 9 ae Federal Way, WA 98063-4249 PACE eal of sax KING�COUNTY,$MA2 COVER SHEET Document Title: Certificate of Completion/Release of Lien Reference Number(s): 20001227002809 Grantor(s): Lakehaven Utility District Grantee(s): Winco Foods, Inc Legal Description: Por E 1/2 Section 19, T21N, ME, WM, King County, Washington. Additional legal description is on Exhibit "A" of Agreement (20001227002809) Assessor's Property Tax Parcel/Account Number: 415920-0710 smal-tVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument_GUID=d560e6l4-6cl4-4dl9-9a2e-b0afl27b96eb [9/8/2016 2:38:17 PM] C.t N THENCE contiunmg along said northerly margin N 88°5225" W 83 03 feet to the beginning of a curve concave to the Northeast having a radius of 358 00 feet, THENCE westerly, northwesterly and northerly 513 92 feet along said curve and said northerly margin through a central angle of 82°1TOO ", THENCE N 06°37'25" W 386 46 feet to the beginning of a curve concave to the Southwest having a radius of 702.00 feet; THENCE northerly, northwesterly and westerly 920 47 feet along said curve and said northerly margin through a central angle of 75°07'35" to the TRUE POINT OF BEGINNING, BEING KNOWN AS that portion of Lots 3, 4 and 5, Block 5, Lakewood, according to the plat thereof recorded in Volume 16 of Plats, Page 35, records of King County, Washington, lying northeasterly of the northwesterly margin of Southwest Campus Drive, AND that portion of Blocks 6, 12, 18 and 24 of said plat of Lakewood and streets between said blocks vacated by King County Ordinance No 3465, recorded under Auditor's File No 7711070558. records of King County, Washington, and as vacated by King County Ordinance No 7692, approved July 18, 1986, lying northerly, northeasterly and easterly of the West margin of Southwest Campus Drive, and westerly of the West Margin of 1st Avenue South Situate in the County of King, State of Washington Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION (Per Title Company) That portion of the East half of Section 19, Township 21 North, Range 4 East, W M , in King County, Washington, more particularly described as follows COMMENCING at the East one -quarter of said Section 19, THENCE N 87058'05" W 1166 05 feet to a point on the northerly margin of the lands described in deed recorded under Auditor's File No 8501170665, records of King County, Washington, and the TRUE POINT OF BEGINNING, THENCE S 81045'00" E 1052 64 feet to the beginning of a curve concave to the Northwest having a radius of 30 00 feet, THENCE easterly, northeasterly and northerly 44 67 feet along said curve through a central angle of 85'18'25" to a point of cusp with the westerly margin of First Way South (First Avenue South) as described in deed recorded under Auditor's File No 7306070524, records of King County, Washington, said point of cusp being the beginning of a non -tangent curve concave to the East having a radius of 850 00 feet (a radial line through said beginning bears' N 77°03'25"W), o THENCE southerly 110 67 feet along said curve and said westerly margin through a central � angle of 07°27'35" to a radial line of said curve which bears N 849 V00" W, - THENCE continuing along said westerly margin along said radial line S 84031'00" E 8 00 feet to the beginning of a non -tangent curve concave to the East having a radius of 842 00 feet, cli THENCE southerly and southeasterly 227 54 feet along said curve and said westerly margin o through a central angle of 15°29'00", a THENCE continuing S 10000'00" E 115 00 feet to the beginning of a curve concave to the west having a radius of 958 00 feet, THENCE southerly 186 42 feet along said curve through a central angle of 11'08'58", THENCE continuing S 01°08'58" W 528 03 feet to said northerly margin and the beginning of a curve concave to the Northwest having a radius of 25 00 feet, THENCE southerly, southwesterly and westerly 39 26 feet along said curve through a central angle of 89°58'37", Page 1 of 2 cr, n 1=1 C t•_ CV Cyr G d O CV STATE OF 24 ) ) ss: County of I certify that I know or have satisfactory evidence that _ P 'eu t I M .n0N p signed this instrument, on oath stated that I,i was authonzed to execute the instrument and acknowledged it as the V p RA&j D,,J. of WINCO FOODS, INC , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED .0,2 /Li 2occ7 OFFICIAL et3AL PEOOY JO MAYB Stan Public NOTARY PUBUC< Q0N OpR11s#SSION NO 3MU7 T)de i s M-Am a a My appointment expires ILA Page 5 N CV G O G N 16. Upon completion of construction, Developer shall submit, for acceptance and approval of the District, a statement of monies and/or other accounting of monies expended to perform construction described herein, together with such other engineering records and data as may be required by the District 17. In the event Developer requests and the District provides water meters for the realty described herein, prior to District's acceptance of work, Developer agrees to be solely responsible for any loss or damage to such water meters or their installation, which occurs prior to said acceptance of work by the District 18. Work and construction performed under this Agreement shall not be connected to the District's water system until all provisions and requirements of this Agreement and District Resolutions, on the part of the Developer, have been fully complied with 19. The District and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent or partner of Lakehaven Utility District 20. Developer shall not assign this contract without the wntten consent of the District 21. The District shall provide water service following the District's acceptance of the water distribution system for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No 99-904 Said connection charges shall consist of the Capital Facilities Charge (CFC), Meter Installation Charge and any other such charges levied in accordance with said District Resolution No 99-904 or amendments thereto or any other applicable District Resolution at time service is requested 22. Partial waiver or waiver by acquiescence by the Distract of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement 23. Tlus Agreement shall constitute an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Developer This Agreement shall constitute an equitable lien against property described herein and in the event of nonperformance by Developer, as stated herein, the District may foreclose said lien in the manner authorized by law 24. Tlus writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing 25. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provision or provisions of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its actual attorney's fees and costs, including those incurred on appeal WITNESS our hands and seals WINCO FOODS, INC By Its V7*1- _AYCWf4fe A.1 Date Page 4 LAKEHAVEN UTILITY DISTRICT King County, Washington �� - 2 �� Water Operations & Engineenng Manager Dated 2 Z 01 11. By execution of this Agreement, the District does not guarantee water service will be provided to realty described herem In the event that any District facilities, such as storage tanks, wells, and water transmission mains, become utilized beyond their design or approved capacity or become inoperable for any cause, the District reserves the right to refuse any connections which would use such facility until remedial action has been completed, and the District shall not be liable for any direct or consequential damages which occur to Developer ansing out of such District refusal to connect or time delay necessary to take remedial action 12. The Developer and its agents agree to indemnify and hold the District harmless from any and all claims which may be assessed against the District as a result of the construction or maintenance of the work described in this Agreement prior to acceptance by the District The Developer shall maintain in full force and effect during the construction period, the following insurance Commercial General Liability Insurance with bodily injury and property damage limits of not less than $1,000,000 00 Each Occurrence $2,000,000 00 General Aggregate $2,000,000 00 Products -Completed Operations Aggregate Limit b Business Auto Liability coverage for all owned, non -owned, and hired autos with bodily injury and property damage limits of not less than $1,000,000 00 Each Accident A certificate of insurance and a copy of an endorsement to the Developer's Commercial General Liability Insurance policy, showing the District as additional insured as respects the work to be N performed under this Agreement, shall be provided prior to the preconstruction conference Thirty d (30) days written notice shall be given to the District for cancellation or expiration of this insurance C7 13. Developer shall notify the District the date work and construction described in this N Agreement will commence, and said noticc shall be given not less than 72 hours (not including Saturday, Sunday, or national holidays) prior to such date No water facility shall be covered prior o to acspecuon After work is commenced, it shall vigorously, consistently, and in a First-class Nworkmanlike manner bery carried to completion Developer shall maintain at the construction area at all tunes during construction, a representative: to whom District notices may be given regarding construction Said representative shall be designated in writing by the Developer before start of work Developer may request inspections during construction upon two (2) days notice to the District 14. Testing of water facilities shall be performed as required by the District and only after satisfactory tests have been completed and witnessed by the District's designated agent, will the work be accepted Developer agrees that at such time as the District has performed inspection of the water connections and has delivered itemized punch lists to Developer and/or Developer's contractor, that the project will be pursued to final completion, including the performance of all necessary site restoration 15. Upon completion of construction, Developer or contractor shall deliver to the District a bond in the amount of ten percent (10%) of construction costs or $5,000 00, whichever is greater, that a reliable contractor will make and pay for repairs necessary within one (1) year from the date of +��r of said construction, arising from faulty labor or material Form of bond is to be approved by attorney for the District Developer shall also deliver a Bill of Sale for water mains and appurtenances installed and constructed pursuant to this Agreement, together with permanent easements for their location in a form acceptable to the District Page 3 C.n ca N f> 0 0 0 N 5. In the event work and construction described herein is not commenced within six (6) months from the date plans and specifications have been approved, this Agreement shall he void and of no force or effect whatsoever In the event that work has commenced within the time period specified herein, construction shall be completed on or before September 30, 2001 If construction is not completed by such date, this Agreement shall be void and of no force or effect whatsoever 6. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement 7. The District's engineers shall review final plans and specifications for water main construction to be performed by the Developer under this Agreement If preliminary plans are not deemed acceptable by the District, Developer shall be obligated to revise the plans and specifications in accordance with design standards deemed acceptable by the District After Developer has been notified in writing by the District that final plans and specifications have been approved, Developer and Developer's contractor shall meet with District representatives for a preconstruction conference before construction is commenced The Developer shall submit mylar originals and duplicate reproducible mylar originals prior to the preconstmetion conference 8. Developer agrees that it shall be responsible for providing to the District accurate and reliable information concerning the actual location of the facilities constructed In furtherance of this obligation, Developer shall procure from its design engineer, Bar hausen Consulting Engineers, Inc , or such other licensed engineer or surveyor that will be consulting on the construction phase of the project, a written statement, which shall be submitted to the District prior to the preconstruction conference, stating that accurate data will be collected during construction of the facilities to enable the engineer to submit actual and reliable "as -built" locations to the District, based upon the information available to the engineer during construction and also by field survey of the constructed facilities that are accessible at the ground surface Developer shall cause such engineer to submit to the District, prior to the preconstruction conference, a certificate of insurance for the engineer's Errors and Omissions policy Developer shall also cause such engineer to submit to the District, prior to the preconstruction conference, a certificate of insurance and a copy of an endorsement to the engineer's General Liability policy, naming the District as an additional insured as respects the obligations set forth in this section The limits for Errors and Omissions and General Liability Insurance shall not be less than S1,000,000.00 for each claim, $1,000,00000 aggregate At the conclusion of construction and prior to and as a condition of acceptance, the engineer shall deliver to the District its certification that it has made periodic field investigations and measurements during construction and that the "as -built" drawings submitted to the District, which drawings shall be provided on diskette in AutoCAD format and on original or fixed -line photo mylar, are accurate and reliable In addition, the engineer shall be required to stamp and sign the Department of Ecology's "Declaration of Construction of Water Pollution Control Facilities " The District shall have the right to approve any change in the consulting engineer or surveyor during the project and Developer agrees that the District may refuse any change in the consulting engineer or surveyor or may condition the same on resubmittal of the certification of location described above No approval of any new engineer or surveyor shall be unreasonably withheld by the District 9. In the event an easement is requved over realty other than realty described in Paragraph No 1 herein, such easement, in form acceptable to the District, together with title report or other sufficient proof of ownership of such realty, shall be delivered to the District prior to the preconstruction conference Developer shall be obligated to obtain a written release from any property owner across whose property construction is performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement is satisfactory and complete 10. Construction shall be performed in accordance with Distract approved plans and specifications and only under the supervision of workers or craftsmen experienced in the installation of water mains and the related work Page 2 C" c m N C=:3 0 0 N WINCO WATER MAIN RELOCATION Agreement No 00-473 AGREEMENT THIS AGREEMENT, entered into in duplicate between the LAKEHAVEN UTHATY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as the "District" and WINCO FOODS, INC., P.O. BOX 400, WOODBURN, OR 97071-0400, hereinafter referred to as "Developer" WITNESSETH: WHEREAS, the District operates and maintains a water distribution system within its boundaries which can serve property of Developer, and WHEREAS, Developer desires to construct certain water mains and appurtenances at its own cost to serve Developer's property, for delivery to and operation by the District, NOW, THEREFORE, IT IS HEREBY AGREED that 1. The land for which domestic water service is requested and to which this Agreement applies, is realty in King County, Washington, legally described in Exhibit "A", attached hereto and by this reference incorporated herein By executing this Agreement, Developer represents and warrants that it is the owner of record of the above -described property If such representation of ownership is invalid, this Agreement shall be void Developer agrees that the District may require Developer to furnish a title report for the property at Developer's expense 2. All legal descriptions shall be furnished by the Developer and shall be stamped and signed by a professional engineer or professional land surveyor licensed in the State of Waslungton Each description shall be accompanied by a drawing that graphically depicts the legal description 3. The Developer has paid the required deposit as set forth in Resolution No 99-904, or any subsequent amendment thereto Said deposit shall be held against actual expenses, including all bacteriological testing and sampling The District shall determine, on a regular basis, its actual costs associated with the project and shall submit to Developer, if and at such time as its expenses exceed the deposit herein, an invoice to repay the District for actual costs in excess of the amount previously collected Payment shall be due upon receipt of said invoice Prior to project acceptance, the District shall estimate its expenses through the one-year maintenance guarantee period and shall issue an invoice to cover such anticipated expenditures, including contingency in the amount of $500 00 Payment of said invoice shall be a condition of final project acceptance In the event that the deposit exceeds the District's actual expenses, the District shall issue to the Developer, at project closing, a refund of such unused amounts 4. In the event this Agreement is not executed and returned, along with the above - referenced charges, within six (6) months from the date of transmittal of same to the Developer, which date of transmittal is August 9, 2000 , the Agreement shall be void and a new Developer Extension Application, along with application fee, will be required Page 1 cs CM N O G N 0 0 0 cv Return Address: Lakehaven Utility District P O Box 4249 Federal Way, WA 98063-4249 COVER SHEET Document Title: Agreement Reference Number(s): Grantor(s): Winco Foods, Inc Grantee(s): L.akehaven Utility District Legal Description: Por E 1/2 Section 19, T21N, ME, WK King County, WA Additional legal descnption is on Exhibit "A" of document Assessor's Property Tax Parcel/Account Number: 415920-0710 DISTRICT USE ONLY BELOW THIS LINE Account Number: 1 245 100 2000 000 Project Number: 6100023 Fund: WATT~ SEWER / JOINT Amount: $15 00 smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=a0625aff-550a-4b81-b57e-a9ac6lf5d458 [9/8/2016 2:38:02 PM] EXHIBIT "D" COVENANTS AND RESTRICTIONS USE RESTRICTIfl S FOR THE RESTRICTED PR0PERTY DILLY No portion of the Restricted Property may be used or leased, or permitted, suffered or allowed to be used or leased, directly or indirectly, for any full service, full menu, moderately priced restaurant ("family restaurant") that would compete with an International House of Pancakes restaurant, such as, but not limited to, The Village Inn, Bob's Big Boy, Shoney's, Denny's, Denny's Diner, Perkins', Waffle House, Baker's Square, Coco's, JB's, Allie's, Cracker Barrel, Marie Callender's, Friendly's or Bob Evans' Farms Notwithstanding anything to the contrary in the preceding sentence, Seller may use or lease, or permit or allow any tenant to use or lease any portion of the Restricted Property for the following (1) dinner houses or seafood restaurants, (2) Oriental, French, Mexican, Italian, or other ethnic restaurants, (3) any so-called "fast food" operation, such as, without limitation, McDonald's, Burger King, Wendy's, Taco Bueno, Taco Bell, or Whataburger, (4) any so-called "casual dining" restaurant such as Chili's or Black -Eyed Pea, or (5) any food speciality shops such as, without limitation, ice cream, yogurt, submarine sandwich, pizza or similar single item shops CV C-) C_ ) Cv c� C� ra C-.:. c- + rn cv EXHIBIT "C" LEGAL DESCRIPTION OF THE RESTRICTED PROPERTY LOT A, LOT B, and LOT D of Binding Site Plan No BSP 97-0001 PORTION of TAX LOT No 415920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land conveyed to Waremart, Inc , as described in deed recorded under King County Recording No 9806240947, excepting only Lot C of BSP 97-0001 as described in Exhibit A to this Statutory Bargain and Sell Deed, in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows Commencing at the East Quarter corner of said Section 19, Thence, North 871158'05" West 1 166 05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly Right -of -Way line of S W Campus Drive as described in Deed to King County recorded under King County Recording 8501170665, Thence, along the Northerly line of said Waremart Parcel, South 81 °45'00" East 666 94 feet, to the TRUE POINT OF BEGINNING of the herein -described parcel of land, THENCE, leaving said Northerly line, along the line common to proposed "Lot A" and proposed "Tract E" (Park Dedication Area) of City of Federal Way Binding Site Plan No BSP 97-0001, the following courses 11 South 31053'59" West 84 56 feet, 2) South 87°05'00" West 28 95 feet, 3) South 02°55'00" East 150 75 feet, 4) South 00°00'00" West 151 25 feet, and, 5) South 89°59'48" West 17 82 feet, to a point on the proposed Easterly Right -of -Way line of S W Campus Drive, THENCE, along said Easterly Right -of -Way line, the following courses 1) Southeasterly 139 38 feet, along the arc of a 660 00-foot radius curve, concave Southwesterly and having a radial bearing of South 71016'37" West, through a central angle of 12105'58", 21 South 06137'25" East 219 19 feet, 3) South 13026'56" East 88 35 feet, 4) South 06137'25" East 88 40 feet, 5) Southeasterly 424 05 feet, along the arc of a 340 00-foot radius curve, concave Northeasterly, through a central angle of 71°27'36", 6) South 78°05'01" East 107 80 feet, 7) South 88052'25" East 36 94 feet, and, 8) Northeasterly 39 26 feet, along the arc of a 25 00-foot radius curve, concave Northwesterly, through a central angle of 89158'37", THENCE, along the Westerly Right -of -Way line of 1" Avenue South as described in Deed recorded under King County Recording No 7303070524, the following courses 1) North 01°08'58" East 526 51 feet, 2) Northerly 186 42 feet, along the arc of a 958 00-foot radius curve, concave Westerly, through a central angle of 11008'58", 3) North 10100'00" West 115 01 feet, 4) Northerly 227 54 feet, along the arc of a 842 00-foot radius curve, concave Easterly, through a central angle of 15029'00", 5) North 84031'00" West 8 00 feet, and, 6) Northerly 110 67 feet, along the arc of a 850 00-foot radius curve, concave Easterly, through a central angle of 07027'35", to the Northeast corner of said Waremart Parcel, THENCE, along the Northerly line of said Waremart Parcel, Southwesterly 44 67 feet, along the arc of a 30 00-foot radius curve, concave Northwesterly and having a radial bearing of North 77103'25" West, through an central angle of 85°18'25", THENCE, North 81,45'00" West 385 70 feet, to the True Point of Beginning EXHIBIT "B" (PAGE 3) EASEMENT AND THE TERMS AND -CONDITIONS THEREOF: Grantee- Puget. Sound Energy, Inc., a Washington corporation Purpose: One or more utility systems for purposes of transmission, distribution and sale of gas and electricity Area Affected: A 10 foot strip along Southwest Campus Drive Recorded: April 10, 2000 Recording No.: 20000410000311 DECLARATION OF EASEMENTS AND CONDITIONS, AND THE TERMS AND CONDITIONS THEREOF:. Recorded: April 24, 2000 Recording No.: 20000424000088 EASEMENTS AND COVENANTS, AND THE TERMS AND CONDITIONS THEREOF:. Recorded: May 10, 2000 Recording No.: 20000510000678 ALL COVENANTS. CONDITIONS, EASEMENTS AND OTHER SERVITUDES, disclosed by Federal way Binding Site Plan No. BSP 97-0001 .cs recorded under Recording No. 20001120900005, in King County, Washington: as shown on the survey done by vary Cleave and c Associates, dated September 7, 2D00, Job No. 00-862 0 m N First Amendment to Declaration of Easements and d Cflnditx ns recorded under King County Recording No. 0 JZ c-3 n EXHIBIT "B" (PAGE 2) EASEMENT AND THE TERMS AND,CONDITIONS THEREOF: Grantee: icing Caunty, Washington Purpose. Slope, drainage and utility easement Area Affected: 10 feet abutting S.W. Campus Drive Recorded: August 11, 1989 Recording No.: 8908110283 EASEMENT AND THE TERMS AND CONDITIONS THEREOF - Grantee: Puget Sound Power & Light Company Purposes Underground electric system Area Affected: A potion of said premises Recorded: Oc:oaer 30, 1989 Recording No.: 8910300931 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: Recorded: Recording No.: Regarding: March 26, 1991 9103260634 Concomitant zoning TERMS, COVENANTS, CONDITIONS AND/OP PROVISIONS CONTAINED IN A DRAINAGE FACILITIES FOR STORM WATER DISCHARGE EASEMENT SERVING SAID PREMISES imposed by instrument recorded on August 16, 1992, under Recording No. 9206180718. COVENANTS, CONDITIONS, RESTRICTIONS AND OTHER EASEMENTS IN DECLARATION imposed by instrument recorded on February 13, 1996, under Recording No. 9602130591. As modified by instrument. Recorded: July 15, 1999 Recording No.: 19990715001476 DECLARATION OF COVENANT imposed by instrument recorded on June 9, 1999, under Recording No. 9906090758. LICENSE TO ENTER UPON SAID PREMISES FOR INSPECTION PURPOSES imposed by instrument recorded on August 11, 1999, under Recording No. 19990811001952. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: Recorded: Recording No Regarding: December 22, 1999 19991222001602 Sanitary sewer and water system Modification of said instrument by "Agreement for Connection of Water and Sewer Facilities as Substantially Complete" recorded under Recording No. 20000523001110. N 0 0 rn N EXHIBIT "B" (PAGE 1) Right to make necessary slopes for cuts or fills upon the land herein described as ggranted to King County by deed recorded under Recording No(s). 7402270419. Said Deed is a correction of King County Recording No 7306070524. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: Puget Sound Power & Light Company, a Washington corporation Purpose: To construct, maintain, repair, replace and enlarge guy wires and anchors Area Affected: A portion of the south 30 feet of vacated Lot 5, Block 24, Lakewood Addition Recorded: July 16, 1984 Recording No.: 8407160431 The above Easement is a re-record of Easement. Recorded: April 27, 1983 and June 24, 1983 Recording No.: 8304270433 and 8306240524 Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No(s). 8501170665. 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: 10 feet parallel with and adjoining the exterior margins of S.W. Campus Drive (S.W. 336th Street), as described and recorded under King County Recording No. 6501170665) Recorded: April 2, 1986 Recording No.: 8604020489 TERMS, COVENANTS, CONDITIONS AND/OR PROVISIONS CONTAINED IN A DRAINAGE AND DETENTION/RETENTION POND EASEMENT SERVING SAID PREMISES imposed by instrument recorded on October 6, 1988, under Recording No. 8810061437. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: Pacific Northwest Bell Telephone Company Purpose: Underground communication lines, manho}es and above ground telephone equippment and cabinets Area Affected: Said easement being the westerly and southerly 10 feet of the above described property abutting S.w. Campus Drive Recorded: January 12, 1989 Recording No.: 8901121250 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: Recorded, July 7, 1989 Recording No.: 8907070527 Regarding: To construct certain water mains and sewer mains and appurtenances Supplemental Agreement recorded under King County Recording No. 8912180338. 20090219001768.001 AFTER RECORDING RETURN TO: TAMMY A. ZOKAN 20090219001768 WINCO FOODSODS PACIFIC NW TIT R 52.08 650 N ARMSTRONG PL. PRGEee1 OF ill BOISE, IDAHO 83704 xiNG CouNTY, UP Document type: RELEASE OF DECLARATION OF EASEMENTS AND CONDITIONS Reference numbers of related documents: 20D )0q-1'41)-D bots Additional reference numbers on page of document Grantor(s): 1, WINCO HOLDINGS, INC. 2, WB EQUITIES IV, LLC 3. 4. etc. additional names on page Trustee: Grantee(s): 1. CITY OF FEDERAL WAY 2. 3. 4 etc. additional names on page FILED BY PNWT (.0 1 � 93 � - of document of document Legal description: Abbreviated form: PTN NE 1/4, SE 1/4, 19-21-04 Assessor's parcel number(s): 415920-0725, 415920-0720 200902190n1 ?68.002 AFTER RECORDING MAIL TO: Tammy A. Zokan WinCo Foods 650 N. Armstrong P1. Boise, Idaho 83704 RELEASE OF DECLARATION OF EASEMENTS AND CONDITIONS A. By virtue of that certain Declaration of Easements and Conditions recorded on April 24, 2000 as Instrument No. 20000424000088 in the real property records of Icing, County, Washington, by WinCo Foods, Inc., and as further amended by that certain First Amendment to Declaration of Easements and Conditions recorded on November 29, 2000 as Instrument No. 200001129000245 (collectively, the "Declaration"), certain restrictive covenants (the "Restrictive Covenants") were placed on certain real property located in King County, Washington, as further described on Exhibit A attached hereto (the "Shopping Center"), and specifically including that certain real property legally described on Exhibit B attached hereto (the "Declaration Area"). B. The Declaration Area is currently owned in part by WinCo Holdings, Inc., an Idaho corporation flkla WinCo Foods, Inc. ("WinCo"), and in part by WB Equities IV, LLC, a California limited liability company ("WB Equities"). C. The undersigned are all of the current owners of the property contained within the Shopping Center. Each of the undersigned warrants that it is the owner of the parcel described below the undersigned's signature. D. WinCo desires to convey to the City of Federal Way (the "City"), and the City desires to obtain from WinCo, a portion of the Declaration Area, for the purposes of expanding a public right of way located adjacent to the Declaration Area. E. WR Equities desires to convey to the City, and the City desires to obtain from WB Equities, the remainder of the Declaration Area, for the purposes of expanding a public right of way located adjacent to the Declaration Area. F. The City desires to have the Declaration Area released from the Restrictive Covenants. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned parties, being the owners of the Shopping Center, herby agree as follows:. 1. Release of Restrictive Covenants. The Declaration Area is hereby released from the Restrictive Covenants, and the undersigned further declare that the Restrictive Covenants in the Declaration shall be null, void and of no further force or effect as to the Declaration Area. 2, Governing Law. It is agreed that this Release shall be governed by, construed and enforced in accordance with the laws of the State of Washington., 20090219001768.003 3. Recordation. This Release shall be recorded in the real property records of King County, Washington. [Remainder of page intentionally left blank. Signature blocks to follow.1 4429396_5.DOC 2 — .004 L_. WINCO FOODS, LLC, By:- Na e: Gary R. Piva Its: CFO [Owner of Parcel 41 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) 4-- RpruR� On this 10 day of +mrr*y, 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary R. Piva, to me personally known or proven to me to be the person described in and who executed the foregoing instrument, who, being by me first duly sworn, stated that he is the CFO of WinCo Foods, LLC and that he executed such instrument on behalf of said company by authority of its members and/or managers, and said person acknowledged to me that he executed such instrument as the act and deed of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last alcove written. Notary Public: Printed Name: My Commission Expires: 7-d, .�� KUpp�a . 40TA JQp . ,.k �'USL`►C �� rrrrrrrr �O [Signatures continue on following page.] n 2009021900'Y7 --005 WB EQUITIES IV LLC [Owner of Parcel C] /lle�- 1:) STATE OF ) / // ) ss. COUNTY OF 4/PJTc4i,pJT/ ) On this 6` day of Ja� 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared J,r.rs f &-f-'- to me personally known or proven to me to be the person described in and who executed the foregoing instrument, who, being by me first duly sworn, stated that he is the &/N. of WB EQUITIES IV LLC and that he executed such instrument on behalf of said company by authority of its members and/or managers, and said person acknowledged to me that he executed such instrument as the act and deed of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public: Printed Name: My Commission Expires: /a-.1/-/o ANDREW G. SPIROS NOTARY PUBLIC STATE of NEW YORK Ito.02SP4757704 " OUALIFEIS IN WESTCHESTER COUNTY Commission Expires 10-31-M /v -—_-200902190►I1768.006 EXHIBIT "A" LEGAL DESCRIPTION LOT A, LOT B, LOT C, and LOT D of Binding Site Plan No. BSP 97-0001 PORTION of TAX LOT No. 416920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land conveyed to Waremart, Inc., as described in deed recorded under King County Recording No. 9806240947, in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows: Commencing at the East Quarter corner of said Section 19; Thence, North 87058'05" West 1166.05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly Right -of -Way line of S.W. Campus Drive as described in Deed to King County recorded under King County Recording 8501170665; Thence, along the Northerly line of said Waremart Parcel, South 81045'00" East 666.94 feet, to the TRUE POINT OF BEGINNING of the herein -described parcel of land; THENCE, leaving said Northerly line, along the line common to proposed "Lot A" and proposed "Tract E" (Park Dedication Area) of City of Federal Way Binding Site Plan No. BSP 97-0001, the following courses: 1) South 31053'59" West 84.56 feet; 2) South 87005'00" West 28.95 feet; 3) South 02055'00" East 150.75 feet; 4) South 00000'00" West 151.25 feet; and, 5) South 89059'48" West 17.82 feet, to a point on the proposed Easterly Right -of - Way line of S.W. Campus Drive; THENCE, along said Easterly Right -of -Way line, the following courses: 1) Southeasterly 139.38 feet, along the are of a 660.00=foot radius curve, concave Southwesterly and having a radial bearing of South 71016'37" West, through a central angle of 12005'58"; 2) South 06037'25" East 219.19 feet; 3) South 13026'56" East 88.35 feet; 4) South 06037'25" East 88.40 feet; 5) Southeasterly 424.05 feet, along the arc of a 340.00-foot radius curve, concave Northeasterly, through a central angle of 71027'36"; 6) South 78°05'01" East 107.80 feet; 7) South 88052'25" East 36.94 feet; and, 8) Northeasterly 39.26 feet, along the arc of a 25.00-foot radius curve, concave Northwesterly, through a central angle of 89058'37"; THENCE, along the Westerly Right -of -Way line of 1st Avenue South as described in Deed recorded under King County Recording No. 7303070524, the following courses: 1) North 01 °08'58" East 526.51 feet; 2) Northerly 186.42 feet, along the arc of a 958.00-foot radius curve, concave Westerly, through a central angle of 11008'58"; 3) North 10°00'00" West 115.01 feet; 4) Northerly 227.54 feet, along the arc of a 842.00-foot radius curve, concave Easterly, through a central angle of 15029'00"; 5) North 84031'00" West 8.00 feet; and, 6) Northerly 110.67 feet, along the arc of a 850.00-foot radius curve, concave Easterly, through a central angle of 07027'35", to the Northeast corner of said Waremart Parcel; ----20090219001768.0 THENCE, along the Northerly line of said Waremart Parcel, Southwesterly 44.67 feet, along the arc of a 30.00-foot radius curve, concave Northwesterly and having a radial bearing of North 771103'25" West, through an central angle of 85018'25'; THENCE, North 81 °45'00" West 385.70 feet, to the True Point of Beginning. The above -described parcel of land contains approximately 12.0191 Acres, more or less. End of Description Prepared by: Barghausen Consulting Engineers, Inc. 20090219/)0.1768.008 EXH7$z' B LEGAL DESCRIPTION OF THE DECLARATION AREA RIGHT-OF-WAY ' � ' DESQRIPTION FOR PAfiiCEL 415920-0725 . THAT PORTION OF LOT D, FEDERAL WAY I31W.D1N b SITE FLAN NO.8SP 97.0001, RECORDED UNDER RECORDING NO. 20001120900005, BEING A PORTION Of THE NORTHEAST QUARTEH• QF THr SOUTHEAST 00AI i T ER OF SECTION 19, TOWNSH!P 21 NJ07RTH, RANGI= 4 EAST, W..M., L3ESORIBED AS FOLLOWS: . COMMENCINC AT -THE EAST QUARTER 00I9NER OF E$`AID SECTIO14 19; . THENCE ALONG THE EAST LIME OFTHE SOUTHEAST" QUARTER OF -SAID SECTION! 19, SOUTH 01 °08'15" VEST 1249.64 FEET, TO A POINT ON THE CENTERLINE OF ls" AV1wNUE SOUTH, (SAID POINT BEING NORTH 01-0915" EAST 08:50 FEET FROM THE LNTERSECTION OF layAVENUESOUTH AND SOUTHWEST CAMPUS DRIVE); : . THENCE NORTH 88`50'45" WEST 42,00 FEET, TO THE WESTERLY RLGHT--OF-WAY LINEOF IST AVENUE SOUTH; THENCE ALONG; SAID WESTERLY RIGHT-OF-WAY. LINE, PARALLEL if4{ITH AND 4Z00 FEET WESTERLY FROM THE CE~ TERLINE OF 1"T AVENUE SOUTH, NORTH 01"09'15" EAST,150.18% I=L~ -- , TO THE SOUTHEAST CORNER OI= SAID LOT D..BEIIgG THE TRUE POINT OF BEC3fIIHIhIC,; . THENCE NORTH 01*09' :5"' EAST, ALONG TH6 EAST LINE QF SAID LOT D, 1287O Fle I'; TH1;14CE L-EAV114G SAID EAST LINE, SOUTH 14°3WD9 WEST, 32.14 FEmT; 71-1E14M SOUTH 07 00915" WEST, 95_60 FEET TOTHE SOUTH LIME OF SAID L.OVD; THENCE.SOUT.F139°5P5B" CAST, ALONG SAID SOUTH LINE, 7.50 FEET TO THE POINT OF. I3EG1NNlNG. - . CON T AINING 834 SQUARE FEET, MORE OR LESS. THE ABOVE DE50RIBED PAROEL ALSO BE1N.G. A FART OF THE FOLLOWING: COMMENCING AT THE EAST QUARTER. COMER OF SAID SECTION-19, THFI`1CI= ALONG THE EAST LINE OF THE SCOUTHEAS'T QUARTER OF SAID SECTION 19, SOU t H 01 °OB'58" WEST. 1249,.54 FEET, TO A POINT ON THE G NTER-1-ME OF 1' AVENUE SOL.3 T H, (SAID POINT. BEING FORTH 011108'58' EAST 66.50 FEET FROM THE INTERSEc Tim OF 1'�T AVENUE SOUTH AND -SOUTHWEST CAMPUS ?RIVE);, THENCE NORTH 8B°52'25" WEST 42.00 FEET, TO' THE WESTERLY r'l aRT-OF-WAY LIKE OF 1"T AVCNUE SOUTH; THi-NCE ALONG -SAID WESTERLY R1i9K'T-OF-N1AY LINE, PAMUEL. WITH AND 42.00 FIST WESTERLY FROM THE CENTERLIKE OF 1$' AVENUE SOUTH, N09TH Oi°OB'SBn.LAST,160.15 . FEET, TO THE SOUTHEAST bORNER OF SAID LOT D, BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAjL) WESTFAI.Y q.IrjHT-QF 1rVAY LINE, SOUTJ 19 *00 00" WEST, 8815 FEET;, THENCE NORTH 00°00'00" EAST, 25.72 -FEET; THENCE SOUTH.90000,00" WEST, 136.00 FEET; THENCE NORTH 00000'00" WEST., 117.13 FEET; THENCE NORTH 90°00'W' EAST. 39,00 FEET; . THENCE NORTH OVOO'00" WEST, 92.53 FEET; 20090219001768.009 Cone-EXHiBI'T A THENCE NORTH 90 OW00" EAST, 189.89 FEET TO THE WH8TERLY RIGHT -Or -WAY LINE OF 1 � AVENUE SOUTH; � THENCE SOUTH 01 °0815$" WEST, 235.43 FEET, TO THE TFtUE'F4INT OF BEGINNING. f f Y -4- PARCEL: 415920-0725 20090219001768:010 DESCRIRTION FOR PARCEL 415920.0120 t HAT PORTION OF COT 0, FEDERAL WAY ENDING SITE PLANE NO. BSP 97-wol, RECOftOED UNDER RECORDING N(1: 20001120900005, FIECORDS OF KING COUNTY, WAS HINGTON. . BEING A PORTION OF TFIE NORTHCAST OUAFiTER Oi=THE SOUTHEAST QUARTER OF SECTION 19; TOWNSHIP21 NORTH, MANGE A EAST, W.M., DSSCRiBEC AS FOLLOWS: COMMENCING AT THE EAST OUARTER CORNEA OP SAJD SECTION 14; THENCE Al-bw TAE EAST LINE OF T•HE SOUTREAS T OUA? ITEk OF SAID SECTION 19, . SOUTH 01°49'15" WEST)249.64 FEET, TO A P0114T ON THE CENTERLINE- OF 111r AVENUE , SOU Fri, SAIL] POINT BEING NORTH of °09'15" EAS'r 68-50FEFTFTiOM TRE• INTERSECTION OF 1'qTAVENUE SOUTH AND SOUTMIEST CAMPUS DARE; THENCE NORTH 88"52'08° WEST 42,00 FEET, TO T HE WESTERL`{ R1Gt-IT-OF ►1dAY L114E OF 1BT AVE'NUte SOUTI-I. BEING THE TRUE POiMi' OF BEGINNING; THENCE ALONG.. SAID WESTERLY RIGHT-OF-WAY LINE, PARALLEL WrrH AND 42.00 FE& wr-s 'ERLY FROM THE CENTERI-INE OF, I' AVENUE SOUTH, NOFITI-I 01°09'16" l-A:'r, 95U.S6 FEI~T', TO.Tfi 4F NORTHEAST ooFiNr.R OF 5AI?) LO7- (;; THENCE LEAVING.SAID. WESTERLY -RIGHT -OF WAY:LINE, ALONG THE NORTH LINE OF SAID LOT O, NORTH 89°57',,"'WEST, 7.50'FEET; . THENCE .',SOUTi-I 01 "09'15" WEST, F[kT;. . T'jI--,NCE SOUTH 46° 1033" WEST; 91,97 FV-ET; T� IENCE SOUTH 00100'00'. WEST. 20.00 FEETTO.THF SOU•1-14 LINE OF SAID LO'I'CAND THE NOR-HF. ALY RIGHT-OF-WAY LINE OF SW CAMPUS DRIVE;' THENCE ALONG THE SOUTH L1149 OF SAID LOT C, 86UTII 0$.'52'0B" i`A$T, �i.74 Fiwi 71 Cl A TANGENT CURVE, CONCAVE. TO THE NORTHWE T, $AIC) CURVE HAM1G A RADIUS OF 25.00 Fes' THENCE ALONG SAID CU8VE,.THROU0H A..CENTR;AL ANGLE OF 8 %B'37". A DISTANCE OF 29,26 FEETTO THE POINT Or-13E0I14NING. CONTAINING 1,883 S UARE r-M— `, MORE OR LESS. THE ABOVE IoESCRIBE0 PARCEL ALSO'6EING XPART OF THE FOLLOWING! CONAM[=NG:IN[I AT 7HE EAST OUARTER COINER OF SAIL? SEC;TiON 19; THENCE ALONGTHE EAST LINE OF TIME SOUTHEAS•f GUARTER OF SAID SECTION 1U.. SOUTH 01 °0658" WEST 1249.64 FEET, TO A POINT ON THE CENTFF UNIZ OF 1"AVENUE SOUTH, (SAID POINT BEING NORTH 01 "O.B'S8" BAST 60.69 FEET FROM THE INTERSECTION OF P! AVENUE SOUTH AND SOUTHwE s7 CAMPUS DRIVE); THENCE NC31 TI 18£3°52'25" WEST 42A0 E:CET, TO THE WESTERLY rllGtl C-0or-WRY LINE OF 1 AVENUE SOUTH, BEING THE TRUE POINT OF BEGINNING; - ;t THENCE ALONG SAID %NESTERI_Y RIGHT-OF-WAY LIME, PARALLEL 'Nil H AND 42.00 FEET WESTERLY FROM THE CENTERLINE OF 1" AV1=,,iUE SOIJTH. NORTH 01°08'56" EAST, 150.16 FEET, TO 7HE NORTHEAST CORNER OF SAID LOT C; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, ALONG THE NORTH LINE OF SAID LOT C THE FOLLOWiNQ COURSES: THENCE SOUTH 80°0600"►NEST, ov5 FEET; . . • ' THENCE NORTH 04°00'00" EAST, 25.72 FEET; (continued on,next page) 20090219001768.011 THENCE SOUTH 90900t(r W EST, 209,14 ft1z . TO, THE NORTHWEST OORNER OF LOT C THENCE SOUTH 51°di'28'WEST. 89AS FEET. TO THE NORTHEASTERLY R{GHT-0F�WAY LINE OF SOUTMVEST CAMP IS DRIVE' ; THENCE ALONG SAID NaFITNEASTEFILY FiIGHTOF-WAY LINE TO. THE FOLLOWING COURSES; TI IENCE WUTHEASTERLY, 236.03 FEET; AL0NG.THE= ARC OF A 340:00 FOOT RADIUS f CURVE. CONCAVE NORTHEASTERLY AND HAVING A RADIAL. BEARING OF NORTH 51 WIWI EAST, THROUGH A CENTRAL ANGLE OF 39°4329 ; �. THENCC SOUTH 78105'01" eAST,107.80 FEET: .THENCE SOUTH 08152'25" EAST, 38.94 FEET; . THENCE NORTHEASTERLY 39.20i FEC-T: ALONG THE AAC OF A 25.00 FOOT HADiUS CURVE, CONCAVE NORTHNV ESTERLY,1149OUGH A GEtJTnAL ANGLE Or 89°68'87", TO. THE TRUE POINT OF BEGINNING, 0242• smartVIEW Online Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=06496730-702c-4896-ba7d-775c4e0b345a [9/8/2016 2:36:58 PM] 20001129000 45 COMMONYEALTk L EAS it 0E TV CE3 OF a04 KING COUNTY. WAa! Return Address Larry E Prince, Esq Holland & Hart LLP PO Box 2527 Boise, ID 83702 .■u..rra.r.rr.ra...ra....ra■■sa.as■rraa..rasasar.aa.r....a■s.er....aa� Docment Titles) (or transactions contain erein) 1 First Amendment to Declaration o(Tvents and Condition'&SEAM #AQ WU 3 REF:///p�` 4 �y}�/..r~ mansaa.aa.man aa■OEM some ar.aa..a..a.aa.OEM .asa as MW,&1.ii'i. a,........ Reference Number(s) of documents 2000051500678 a:.a..sa.■ararasaa a.sraaar.rrrrarrrars.r..a..asaarrasa.a.a.aa..ssa.a.i �+ Grantor(s) � 0 1 Winco Foods, Inc , an Idaho corporation 0 2 0 3 rn 4 N Additional names on page of document ■aa.rrrr..rraM.rrrrw.raaa.■era....ads..■■a...aa...aaa...�'a.asa.a...s.� Grantees(s) c� 1 N 2 Additional names on page of document ■■w.■■as...■..■■.a.rasa.a.■.■ar.waaaa■.arr....wr..aw...a...r.a.w.rr. Legal description (abbreviated i e lot, block, plat or section, township, range) Additional legal is on pages of document rraarrr.rrwrrarr.carrrrrwarrrr■.r.a.■as■■aa.raaaaraar..aa..arr.arrrra. Assessor's Property Tax Parcel/Account Number Additional parcels are on page of document ■.raa.•aaa..arrraarraaaaraaaa.aaa...■ragsrar..s..r..r.w....r.a.arraa.: The Auditor/Recorder will rely on the information provided on the form The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein asra..■a..ra.r..■aa..■a....■aa.■�.r.■aarr■rrarsaearr..aaaa.aa.e...r.a Washington State County Auditor/Recorder's Indexing Form (Cover Sheet) t;)tC11,)E fAx NOT FIFE. i- , L) Ki p 1 Cords Dies„- 8y Deputy C3 m C , Filed for Record at the Request of WmCo Foods, Inc P O Box 5756 Boise, Idaho 83705 AFTER RECORDING MAIL TO Larry E Prince, Esq Holland & hart LLP P O Box 2527 Boise, Idaho 83702 Space for Recorder's Use Federal Way, WAshiny-ton FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND CONDITIONS THIS FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND CONDITIONS (the "Amendment") is made and entered into as of the X'' day of June, 2000 by WINCO FOODS, INC., an Idaho corporation which was formerly known as Waremart, Inc ("WinCo") RECITALS This Amendment is made with reference to the following facts and objectives A WmCo has caused a Declaration of Easements and Conditions to be recorded in the real property records of King County, Washington on or about May 10, 2000, as document number 20000510000678 (the "DEC") B WmCo is the owner of the real property described in the DEC C WmCo desires to amend the DEC in the manner set forth in this Amendment AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows 1. Amendment to Section 3.3(e) Section 3 3(e) is hereby deleted in its entirety and replaced with the following (e) No building or other structure (exclusive of any light poles, free standing signs referred to in 5 3 or flag poles referred to in 5 3(a)) shall exceed the following size and height restrictions %, w C'W c1 cn c.1 cv TRACT HEIGHT ALLOWABLE FLOOR AREA On the WinCo Tract 40 feet 85,000 square feet On Pad B 25 feet 3,200 square feet On Pad C 28 feet 4,100 square feet On Pad D 30 feet 11,500 square feet The height of any building shall be measured perpendicular from the finished floor elevation to the top of the roof structure, including any screening, parapet, penthouse, mechanical equipment or similar appurtenance located on the roof of such building PROVIDED, HOWEVER, the height of each building pad shall be subject to the prior written approval of the Approving Party Any Party shall have the right to install, maintain, repair, replace and remove Communica- tions Equipment on the top of the building on its Tract so long as it does not extend above the height limits established above, provided, however, such Communication Equipment shall be screened so that it is not visible by customers As used herein, the phrase "Communications Equipment" means such things as satellite and microwave dishes, antennas and laser heads, together with associated equipment and cable 2. Amendment to Section 4.2(e) Section 4 2(e) is hereby deleted in its entirety and replaced with the following Each owner of Pads B, C, and D shall, at its sole cost and expense, maintain, repair, and/or replace the Common Area on its Tract in accordance with the requirements of 4 2(a) above It is recognized and acknowledged that certain maintenance items within the Common Area of the entire Shopping Center benefit Pads B, C, and D, and cannot be practically segregated from or allocated to Pads B, C, and D These items are the maintenance, repair, and/or replacement of the accesses to and the main driveways in the Shopping Center, the landscaping and irrigation of areas on the exterior boundary of the Shopping Center, the off -site landscaping and irrigation and the Common Utility Lines Each owner of Pads B, C, and D shall, in addition to maintaining, repairing, and/or replacing the Common Area on its Tract, pay the Operator, or if there is not an Operator, the Party which has or will be paying for same, the following (i) the annual amount of $ 75 per square foot of Floor Area located on the particular Tract payable in advance on the earlier of (A) the substantial completion of a building on the Tract, or (B) the opening of a business on the Tract and continuing each year on January 1 each year thereafter, and (n) the amounts payable as provided in 4 2(a)(vi) for maintaining, cleaning, replacing, and repairing any and all Common Utility Lines The annual payment set forth in (e)(i) above shall be adjusted each year to reflect increases in the Consumer Price Index in accordance with Exhibit I hereof Each owner of Pad B, C, and D agrees to defend, indemnify, and hold each other Party ("Indemnitee") from and against all claims, costs, losses, expenses, and liability (including reasonable attorney fees and costs of suit) arising from or directly or indirectly relating to the maintenance, use or operation of the Common Areas located on its Tract, except for claims caused by the negligence or willful act Ln U C1 C" C�1 o-- r- or omission of such Indemnitees 3. Restatement of DEC The DEC, as modified by this Amendment shall remain in full and effect according to its terms IN WITNESS WHEREOF, WinCo has caused this DEC to be executed effective as of the day and year first above written WINCO FOODS, INC, an Idaho corporation F By 1. ARY R PIVA, Chief Financial Officer STATE OF IDAHO, ) ss County of Ada ) On this �k day of June, 2000, before me, a Notary Public, personally appeared GARY R PIVA, known to me to be the Chief Financial Officer of WINCO FOODS, INC , an Idaho corporation, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said corporation IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written C-) C-3 - c NN N U v NK ' * �ryy TE <<.•. 2675599 1 DOC �0984161111,�� Notary Pv6lic Residing at �azo c My Commission expires .2 smart -VIEW OnLine Fame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument GUID=620d6b38-4d00-4663-8fl7-7450fc45e3c7 [9/8/2016 2:37:13 PM] Return Address: Lakehaven Utility District P. O. Box 4249 Federal Way, WA 98063-4249 200009200 1481XING COUNTY, up CASH COVERSHEET Document Title: Easement for Sewer Facilities Reference Number(s): N/A Grantor(s): WmCo Foods, Inc Grantee(s): Lakehaven Utility District Legal Description: Por SE 1/4 of Section 19, T21N, ME, WM, King County, Washington Additional legal description is on Exhibit "A" of document. Assessor's Property Tax Parcel/Account Number: 415920-0710 DISTRICT USE ONLY BELOW MIS LINE Account Number: Hand -Carried By Developer Project Number: N/A Fund: (circle one WATER '/,,�WE�JOINT Amount: $12.00 .. EASEMENT FOR SEWER FACILITIES THIS AGREEMENT by and between Lakehaven Utility District, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and WINCO FOODS INC. hereinafter termed "Grantor" WITNESSETH: That Grantor, foi and in consideration of one Dollar of other valuable consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee, A perpetual, non-exclusive easement and right-of-way for sewer facilities and all appurtenances related thereto, through, over and across the following described real property SEE EXHIBIT "A" & "B" Grantee and its agents, designees or assigns shall have the right, without prior institution of any suit or proceeding at law and without prior notice to Grantor, at such time as Grantee deems necessary, to enter upon said property, by foot or vehicle, for the installation, repair, reconstruction or maintenance of sewei facilities and appurtenances without incurring any legal obligation or liability thetef'oie, provided that such shall be accomplished in a nlannei that existing private inipiovements shall not be disturbed or destioyed or in the event that they are distuibed o1 destioyed, they will be replaced or repaired, as nearly as is practicable, to as good a condition as they were iminediately before the property was entered upon by the Grantee Waremart Easement No Agreement #98-400 i.UU 201 E 11 (10/27/97) Grantor hereby agrees that no building, wall, fence, rockery, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said easement area No excavation shall be made within three feet of said sewer service facilities and the surface Ievel of the ground within the easement area shall be maintained at the elevation as currently existing In the event that this provision is violated, the Grantee shall have the right to require removal of any such structure and same shall be accomplished within a reasonable period of time and at Grantor's expense Failure of Grantee to so exercise its right to require removal shall not constitute waivei of this right Grantor additionally grants to the Grantee, its agents, designees of assigns, the use of such additional area immediately adjacent to said easement area as shall be required for the construction, reconstruction, maintenance and operation of said sewer service facilities The use of such additional area shall be held to a reasonable minimum and be returned to the condition existing immediately before (lie property was entered upon by Grantee or its agents This Agreement and each of the terms, provisions, conditions and covenants herein shall be binding upon and apply to the benefit of the parties hereto and their respective successors and assigns DATED this _ 6th day of July 2000 WINCO F S, I 133, BY Gary . Piva STATE OF ) IDAHO ss, County of 44g Ada } I certify that I know or have satisfactory evidence that ,yr , r/4 and- f signed this instrument, of path Vatcd that tly v+r�*e authorized to execute the instrument and acknowledged it as the secretary Xna of winCo Foods, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Notary PubhL T Title My appointment expires I ' Z 4 Z_V V A= LUD 201 L 11 (10/27197) EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR SANITARY SEWER PORTION of TAX LOT No 415920-0710 r-4 30 All that certain real property situate in the City of Federal Way, King County, State of Washington, j1 bung a portion of that certain parcel of land conveyed to Waremart, Inc , as described in deed recorded under King County Recording No 91306240947 in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows A Utility EASEMENT for Sewer lines and facilities, appurtenances thereto and maintenance thereof, in, on, over, under, through, and across a uniform strip -of -land 15 00 feet in width, 10 00 feet on Z the Easterly side, and 5 00 feet on the Westerly side of the centerlines described as follows Commencing at the East Quarter corner of said Section 19, Thence, North 87°58'05" West 1166 05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly 7 Right -of -Way line of SW Campus Drive as described in Deed to King County recorded under King County Recording No 8501170665, Thence, along the North line of said Waremart Parcel, South 81°45'00" East 622 00 feet, to the TRUE POINT OF BEGINNING of the centerline of the herein described strip -of -land, THENCE, along the following courses 11 South 08103'23" West 208 12 feet, 2) South 00100'00" East 175 98 feet, 3) South 30045'32" East 359 86 feet, 4) South 00143'23" East 339 93 feet, 51 South 02136'59" East 90 45 feet, 6) South 22043'06" West 29 68 feet, to the proposed Northerly Right -of -Way line of SW Campus Drive The Easterly and Westerly sidelines are to be lengthened or shortened to terminate at the North line of said Waremart parcel and the proposed Northerly Right -of -Way line of SW Campus Drive The above -described Easement strip -of -land contains approximately 18,075 square feet, more or less End of Description Prepared by Barghausen Consulting Engineers, Inc r M.■ � i r % ly.• i fell y SANITARY SEWER EASEMENT 5,280 t sq ft Tax Lot No 19PI04-9004 1= eclercjJ WcjY Ncitioncd Utt1e Ledyue - - - - - - - - - - - - _ - - - - _ N87'59'05 1 1166 05' (Tie to 114 Cr) S81-45 0Q ,E. �i 873 p0' 15 76' Park Dedlcstlon Tract E00 jar br 0 llig 1 Lot A N ail i g WNW" co 5-1 CD Q� 'ivCD y+ SANITARY SEWER W8 y 49 �1� 15' EASEMENT 18,075 f sq ft o vi S � g co I•iw Cn Scale 1-200' • Lot a ill a i, IW Lot D a it I Y � a L m Lot C 4 FVd-d-Way i' i„ EXHIBIT "B' °°`* °" S2z' 'O6"W � 29 68' Binding Site Plan - BSP 97-0001 �• PORTIONS of the N.E.1/4 of the S.E.1/4 & NB852z5 am 4W I W 2 W a the S.E.1/4 of the N.E.1/4 of SECTION 19, Township 21 North, Range 4 East, Willamette Meridian City of FEDERAL WAY KING County State of WASHINGTON srr.AVIEW Online ,Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument_GUID=74164eda-4199-4a94-9cOb-d22f8l5b294a [9/8/2016 2:37:16 PM] Return Address: Lakehaven Utility District P O Box 4249 Federal Way, WA 98063-4249 PACE 001 OF 095 eg K COUNTY. WA COVER SHEET Document Title: Easement for Water Facilities Reference Number(s): N/A Grantor(s): WinCo Foods, Inc Grantee(s): Lakehaven Utility District Legal Description: Por SE 1/4 of Section 19, T21N, R4E, WM, King County, Washington Additional legal description is on Exhibit "A" of document Assessor's Property Tax Parcel/Account Number: 415920-0710 DLSTMCT USE ONLY BELOW THIS LINE Acconpt Number: Hand -Carried By Developer Project Number: N/A Fund: . ATE SEWER / JOINT Amount: $12.00 EASEMENT FOR WATER FACILITIES THIS AGREEMENT by and between Lakehaven Utility District, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and WINCO FOODS INC. hereinafter termed "Grantor" WITNESSETH: That Grantoi, for and to consideration of one Dollar of other valuable consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee, A perpetual, non-exclusive easement and right-of-way for water facilities and all appurtenances related thereto, through, over and across the following described real property SEE EXHIBIT "A" & "B" Grantee and its agents, designees or assigns shall have the right, without prior institution of any suit or proceeding at law and without prior notice to Grantor, at such time as Grantee deems necessary, to enter upon said property, by foot or vehicle, for the installation, repair, reconstiuction or maintenance of watei facilities and appurtenances without incurring any legal obligation or liability therefore, piovided that such shall be accomplished in a mannei that existing private improvements shall not be disturbed or destroyed or in the event that they are distuibed or destroyed, they will be replaced or repaired, as nearly as is practicable, to as good a condition a5 they were immediately before the property was entered upon by the Grantee Wareniart Agreement #98-400 L UT) 201 r 03 (10127197) Easement No H12. 771 Grantor hereby agrees that no building, wall, fence, rockery, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said easement area No excavation shall be made within three feet of said water service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing In the event that this provision is violated, the Grantee shall have the right to require removal of any such structure and same shall be accomplished within a reasonable period of time and at Grantor's expense Failure of Grantee to so exercise its right to require removal shall not constitute waiver of this right Grantor additionally grants to the Grantee, its agents, designees of assigns, the use of such additional area immediately adjacent to said easement area as shall be required for the construction, reconstruction, maintenance and operation of said water service facilities The use of such additional area shall be held to a reasonable minimum and be returned to the condition existing immediately before the property was entered upon by Grantee or its agents This Agreement and each of the terms, provisions, conditions and covenants herein shall be binding upon and apply to the benefit of the parties hereto and their respective successors and assigns DATED this 6th day of Tuly Xb9 2000 WINCO Ds, NC By By GA-R. P1Va STATE OF } IDAxo ss: County of 1Q;lg Ada } I certify that I know or have satisfactory evidence that signed this instrument, on oaths d that were authorized to execute the instrument and acknowledged it as the secretary of winco Foods. Inc. _ to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED Notary Public Title My appointment expires LUD 201 r 03 (1U27197) EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR WATER LINES PORTION of TAX LOT No 415920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain Parcel of land described in deed recorded under King County Recording No 9806240947, in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows A Utility EASEMENT for Water lines and facilities, appurtenances thereto and maintenance thereof, in, on, over, under, through, and across strips -of -land 15 00 feet in width, 10 00 feet on the Westerly and Southerly sides, and 5 00 feet on the Easterly and Northerly sides of the centerlines described as follows Commencing at the East Quarter corner of said Section 19, Thence, North 87058'05" West 1166 05 feet, to the Northwest corner of said Parcel, being a point on the Northeasterly Right -of -Way line of S W Campus Drive as described in Deed to King County recorded under King County Recording No 8501 170665, Thence, along the North line of said Waremart Parcel, South 81°45'00" East 622 00 feet, Thence, leaving said North line, South 00100'00" West, 12 12 feet, to the North line of the Waterline Easement described in King County Recording No 8501030343, said point bung the TRUE POINT OF BEGINNING of the centerline of the herein described strip -of -land, THENCE, along the following courses 11 South 00100'00" West 233 01 feet, to Point "A", 2) South 00°00'00" West 180 52 feet, 3) South 381135'21 " East 90 16 feet, 4) North 90000'00" East 77 00 feet, to Point "B",aF w` 5) North 90°00'00" East 123 32 feet, to Point "C", 6) South 00000'00" West 257 02 feet, to Point "D", 7) South 00°00'00" West 61 50 feet, to Point "E", 8) South 00100'00" West 202 00 feet, to Point "F", l 9) South 00°00'00" West 34 26 feet, ,p 0582 10) South 60149'36" East 83 52 feet, +'�•�"f?-�L 4y'J 1 1) South 00100'00" West 91 00 feet,�[v'`s�''-f 12) South 63°49'46" East 41 62 feet, + k](PiRF'8 8Yaar9Z 13) South 00000'00" West 22 17 feet, to the proposed Northerly Y Right -of -Way fine of SW Campus Drive ALSO, Beginning at Point "C" described above, Thence, North 90100'00" East 124 00 feet, to Point "G", ALSO, uniform strips -of -land 15 00 feet in width, 7 50 feet on both sides of the centerlines described as follows Beginning at Point "A" described above, Thence, North 90100'00" West 21 45 feet Beginning at Point "B" described above, Thence, North 00000'00" West 52 00 feet Beginning at Point "D" described above, Thence, North 90000'00" West 100 00 feet Beginning at Point "E" described above, Thence, North 90000'00" East 30 00 feet Beginning at Point "F" described above, Thence, North 90600'00" East 27 00 feet Beginning at Point "G" described above, Thence, North 00100'00" West 44 00 feet ALSO, a uniform strip -of -land 20 00 feet in width, 10 00 feet on both sides of the centerline described as follows Commencing at the True Point of Beginning described above, Thence, along the Northerly fine of the Easement described in Recording No 8501030343, South 81000'00" East 260 00 feet, to the Beginning of the centerline of the following described strip -of -land, Thence, South 08015'00" West 40 00 feet, The above -described Easement strips -of -land contains approximately 28,545 square feet, more or less. End of Description Prepared by Barghausen Consulting Engineers, Inc P lsdskproj161271doc16127WTR1 doc Mike Hotes Page 1 911100 A FederriJ Wcjy NcAjohul Little League Tax Lot No 192104-9004 - ----_------------_-_-07.58105VE 660' __ {iJ6 to 114 Cor) 91A - t - -- -- - - — — — - - - _ - &C IT' sr- 20 SB1-45IIt WATERUE EASEMENT 10,526 Rec No 85=3= 'ark Dedication� 26o00• Tract E is g 20' X 40' EASEMENT 800 t sq ft II f 2145 1 Pt 'A' X Y5 Lot A N n <3rT 149000'001 Q 7 i o SHAG gp'--i2332` ;�, T24D''r Pt'G' P1 'R' 71 o W tf g - Ej 5W WATERCD EASEMENT Lo I; ul n 21,145 4 sq ft j g D 15 '�� W 1 1000611 PI 'D' > C N90170'00*w co, Pt •E' iJ S 63 Lot B Scale 1 "=200' lC=11 Lot D N I 7 O Ln R �� 27' � L C3 C►1 34 26' F%N-of-YYBy \ s6p o g i pp tot soo• W Z i 2217' \ S63'48'46-E - — -- — — 4152 si EXHIBIT "B" Binding Site Plan - BSP 97-0001 PORTIONS of the N.E.1/4 of the S.E.1/4 & the S. E.1/4 of the N. E.1/4 of SECTION 19, Township 21 North, Range 4 East, Willamette Meridian City of FEDERAL WAY KING County State of WASHINGTON smattViEW OnLine rrame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=415c8ca4-bb27-4251-abcb-922e6e261578 [9/8/2016 2:37:20 PM] RETURN ADDRESS Larry E. Prince Holland & Hart LLP P.O. Box 2527 Boise, ID 83701-2527 Please print neatly or type information Document Title(s) 10000678 Easements and Covenants Reference Numbers(s) of related documents N/A 00 Additional Reference #'s on page 1 `- Grantor(s) (last, First and Abddlo Initial) eo WinCo Foods, Inc. City of Federal Way, Washington O � - O Additional grantors on page +:7 Grantee(s) (List, First and Middle Iaitlal) O O City of Federal Way, Washington. O WznCo Foods, Inc. Additional grantees on page Legal Description(abbreviated form i e Iot, block, plat or section, township, range, quarteriquarter) SECTION 19 TOWNSHIP ER NE QUARTER Additional legal is on page _IQ-16 Assessor's Property Tax Parcel/Account Number 415920-0710 Additional parcel # s on page _ The Auditor/Recorder will rely on the information provided on this form The staff will not read the document to verify the accuracy or completeness of the inde ang mformation provided herein EXCISE TAX NOT REQUIRED W119 Co Flowa Wdoan eypury EASEMENTS AND COVENANTS THIS EASEMENTS AND COVENANTS (the "Agreement") is made and entered into as of this % V day of 2?�� 2000, by and between the CITY OF FEDERAL WAY, WASHINCTON, a non -charter optional municipal code city incorporated under the laws of the State of Washington, ("Federal Way") and WINCO FOODS, INC., an Idaho corporation (formerly known as Waremart, Inc "Waremart") RECITALS This Agreement is made with reference to the following facts and objectives 00 A Quadrant Corporation ("Quadrant") and Federal Way entered into a Concomitant Zoning Agreement (the "Zoning Agreement") dated July 24, 1990 which governs the CD development of certain property owned by Quadrant located in Federal Way 0 B Quadrant conveyed the property governed by the Zoning Agreement to Waremart O 0 C Section 2 F of the Zoning Agreement provides, among other things, that *-4 Waremart, as the owner of the conveyed property, shall grant Federal Way an easement over approximately two acres of the property, and that Federal Way would develop and maintain the O easement as a public park O CD D Federal Way and Waremart have identified the property to be used as a pubhc park and have agreed that instead of Waremart granting Federal Way an easement over tins property, Waremart would instead convey to Federal Way fee title to the property E Contemporaneous with the recordation of this Agreement, Waremart has conveyed to Federal Way, and Federal Way is the owner of, that certain property described in Exhibit A attached hereto which is, by this reference, incorporated herein as if set forth in full (the "Park Property") F The Park Property was donated by Waremart to Federal Way in order to satisfy Waremart's obligations under the Zoning Agreement to provide land for a public park and to enable Federal Way to use the Park Property as a public park G Waremart owns the property described in Exhibit B attached hereto which is, by this reference, incorporated herein as if set forth in full (the "Waremart Property") Waremart intends to develop the Waremart Property as a commercial shopping center H Waremart has subdivided the Waremart Property into four parcels One parcel of the Waremart Property is located immediately adjacent to the Park Property and is described in Exhibit C attached hereto which is, by this reference, incorporated herein as if set forth in full (the "Lot A Property") I Since Waremart has conveyed title to the Park Property to Federal Way instead of granting it an easement, Federal Way and Waremart desire to address certain matters resulting from the Park Property being conveyed to Federal Way, including restnctmg the use of the Park Property to a public park and to provide (i) an access easement for the benefit of the Park Property over a portion of the Lot A Property, (ii) for the use, on a nonexclusive basis, of twenty parking stalls located on the Lot A Property by those using the Park Property as a public park, (iii) a slope and landscape easement in favor of the owner of the Lot A Property over a portion of the Park Property, (iv) for the maintenance of the Park Property, and (v) for certain construction easements over the Park Property NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of wluch is hereby acknowledged, and in consideration of the mutual promises and grants of 00 easement set forth herein, the parties agrees as follows 1N �p 1 Recitals The foregoing Recitals are part of this Agreement, not mere recitals 0 O 2 Park Property O p 2 1 Use Restriction The Park Property shall be used exclusively as a Passive Public ,..� Park (defined below) for the benefit of the general public Federal Way shall not permit the Park u:� Property to be used for any other use The use and enjoyment of the Park Property shall at all p times be free of charge to the public and no money or other consideration shall be demanded or CMreceived by Federal Way in respect of any use or enjoyment of the Park Property by any person, O provided, however, that nothing in this Section 2 1 shall be construed as prohibiting Federal O Way from requiring or accepting payments in lieu of dedications of property for park purposes fai as a condition of subdivision approval for property other than the Waremart Property, where residents of other such subdivisions will use the Passive Public Park Except as otherwise expressly provided herein, the use and enjoyment of the Park Property shall be subject to the rules and regulations established by Federal Way PROVIDED, HOWEVER, the park located on the Park Property shall not be open to the public between the hours of 12 00 midnight and 6 00 a in , and Federal Way shall not permit overnight camping on or use of the Park Property The use restriction provided in this Section 2 1 is for the benefit of the owner of the Lot A Property and may be waived or modified solely by such owner in writing by an instrument recorded in the real property records of King County, Washington As used in this Agreement, the term "Passive Public Park" shall mean a park available for use by the general public which contains recreational facilities limited to picnic tables, benches, barbecue grills, lights and playground equipment designed for use by children and which is not powered by a motor, engine or similar device 22 Slope and Maintenance Easement 2 2 1 Federal Way hereby grants Waremart, its agents and employees, for the benefit of the owner of the Lot A Property, a perpetual non-exclusive appurtenant easement over, across, through and under that portion of the Park Property described in Exhibit D (the "Slope and Maintenance Easement") which is, by this reference, incorporated herein as if set forth in full, for the purpose of, as applicable, constructing, installing, reconstructing, replacing, repairing, maintaining and operating (a) all slopes necessary for cuts, fills and grading on the Lot A Property, provided such slopes are not inconsistent with or do not unreasonably interfere with the public's use of the Park Property, and (b) landscaping on the Slope and Maintenance Easement, including the installation, reconstruction, replacing, repairing, maintenance and operation of an irrigation system to provide irrigation to the landscaping, provided that such landscaping shall not be inconsistent with or do not unreasonably interfere with the public's use of the Park Property Waremart shall cause the slopes and landscaping on the Slope and Maintenance Easement to be maintained, without cost or expense to Federal Way, in an attractive and thriving condition, trimmed and weed -free, according to a minimum standard of maintenance that shall be not less than the standard of minimum maintenance followed in other first-class retail shopping centers of comparable size in the greater O O Puget Sound region O 2 2 2 The City reserves the right to use the Slope and Maintenance Easement area for any purposes not inconsistent with the slope and maintenance easement rights granted herein 1!� O 2 2 3 In the event the owner of the Lot A Property fails to maintain the Slope C and Maintenance Easement in accordance with requirements of this Section 2 2, Federal Way may send written notice of such failure to the owner of the Lot A Property This notice shall contain an itemized statement of the specific deficiencies (hereinafter referred to as the "Deficiencies") in the owner of the Lot A Property's performance of its obligations under this Section 2 2 The owner of the Lot A Property shall have ten (10) days after receipt of the notice in which to correct the Deficiencies or within which to commence to correct the Deficiencies if the Deficiencies cannot be corrected within the ten-day period, and thereafter to proceed diligently to complete the correction of the Deficiencies In the event the owner of the Lot A Property shall fall or refuse to timely correct or to begin to correct the Deficiencies and proceed to diligently complete the same, as the case may be, Federal Way may, at its option, correct the Deficiencies In the event Federal Way shall exercise its option to correct the Deficiencies, the owner of the Lot A Property small, within ten (10) days from receipt from Federal Way of an itemized invoice for the costs incurred by Federal Way in correcting the Deficiencies, pay such costs to Federal Way, plus an administration fee in the amount of ten percent (10%) of the costs If the invoice is not paid within the ten-day period, interest on the amount due under the invoice from the date of the invoice shall be paid by the owner of the Lot A Property to Federal Way at U S Bank National Association's prime rate of interest (or if it no longer exists, a comparable regional national bank located in Washington), plus two percent (2%) per annum until paid 2 3 Construction Easement Federal Way hereby grants Waremart, its agents and employees a temporary construction easement over, across, through and under the Park Property for the purpose of completing the Park Improvements (defined in Section 2 4 1) and all work on the Park Property which Waremart is required to perform pursuant to any condition of approval for Waremart's subdivision of, or the construction of a retail shopping center on, the Waremart Property It is anticipated that the conditions of approval will include, but will not necessarily be limited to, grading portions of the Park Property, removing certain trees on the Park Property and the installation of storm water conveyance facilities on a portion of the Park Property This construction easement shall terminate upon Waremart's completion of each such conditions of approval and the Park Improvements 24 Imgrovements to and Maintenance of Park Property 2 4 1 Section 2 G and H of the Zoning Agreement provides for Waremart's payment of $70,000 00 to Federal Way and that Federal Way's first priority use of this payment shall be the installation of improvements on the Park Property Waremart has paid Federal Way the $70,000 00 Waremart shall, at its cost and expense, construct the improvements to the Park Property (the "Park Improvements") as shown in Exhibit H attached hereto which is, by this reference, incorporated herein as if set forth in full At such tune as the Park Improvements are 40 substantially completed, Federal Way shall immediately return to Waremart the $70,000 00 tl' The Park Improvements shall be completed prior to the tune a final occupancy permit is issued for the first building to be constructed on the Waremart Property Provided, however, not withstanding anything herein to the contrary, the parties hereby covenant and agree that they anticipate that the Park Improvements (including the design thereof) will not exceed a total of $80,500 00, exclusive of engineering expenses, and Waremart shall not be obligated to pay for the costs of any Park Improvements which exceed the total of $80,500 00, exclusive of engineering expenses 2 4 2 Except for the Slope and Maintenance Easement, Federal Way shall, without cost or expense to any owner of the Waremart Property, maintain the Park Property in O an attractive and thriving condition, trimmed and weed -free, according to a minimum standard of maintenance that shall be not less than the standard of maintenance followed by Federal Way at comparable public parks owned or maintained by it In the event Federal Way fails to maintain the Park Property in accordance with the requirements of this Section 2 4, the owner of the Lot A Property (herein referred to as the "Nondefaulting Party") may send written notice of such failure to Federal Way This notice shall contain an itemized statement of the specific deficiencies (hereinafter referred to as the "Deficiencies") in Federal Way's performance of its obligations under this Section 2 4 Federal Way shall have ten (10) days after receipt of the notice in which to correct the Deficiencies or within which to commence to correct the Deficiencies if the Deficiencies cannot be corrected within the ten-day period, and thereafter to proceed diligently to complete the correction of the Deficiencies In the event Federal Way shall fail or refuse to timely correct or to begin to correct the Deficiencies and proceed to diligently complete the same, as the case may be, the Nondefaulting Party may, at its option, correct the Deficiencies In the event the Nondefaulting Party shall exercise its option to correct the Deficiencies, Federal Way shall, within ten (10) days from receipt from the Nondefaulting Party of an itemized invoice for the costs incurred by the Nondefaulting Party in correcting the Deficiencies, pay such costs to the Nondefaulting Party, plus an administration fee in the amount of ten percent (10%) of the costs If the invoice is not paid within the ten-day period, interest on the amount due under the invoice from the date of the invoice shall be paid by Federal Way to the Nondefaulting Party at U S Bank National Association's prime rate of interest (or if it no longer exists, a comparable regional national bank located in Washington), plus two per- cent (2%) per annum until paid Waremart Property 3 1 Access Easement Waremart hereby grants Federal Way, as the owner of the Park Property, a nonexclusive perpetual appurtenant access easement over and across that portion of the Lot A Property described in Exhibit E and Exhibit F (collectively the "Access Easement Property") which is, by this reference, incorporated herein as if set forth in full, for the purpose of the general public's ingress and egress to the Park Property and the Parking Stalls (defined in Section 3 2) Waremart, for itself and its successors and assigns of the Lot A Property, reserves the right to 3 1 1 Use the Access Easement Property at any time, in any manner and for any purpose not inconsistent with the access easement granted herein, and CO 3 1 2 At any time to relocate the Access Easement Property, PROVIDED that O any such location (i) shall be performed at the owner of the Lot A Property's sole cost and 0 expense, (n) shall not reduce or impair the usefulness or function of the easement granted herein, 0 (111) shall be completed using materials and design standards which equal or exceed those O originally used, and (iv) shall not unreasonably interfere with or diminish the right to access provided herein O 3 2 Parking Stalls Waremart hereby grants Federal Way, as the owner of the Park 0 Property, a perpetual nonexclusive irrevocable easement for the public to, when construction of O the parking stalls is completed, use twenty (20) vehicular parking stalls (the "Parking Stalls") O located in the area designated "20 parking spaces" on the Site Plan attached hereto as Exhibit G Ce which is, by this reference, incorporated herein as if set forth in full The owner of the Lot A Property reserves the right to 3 2 1 Use the Parking Stalls at any time, for parking for itself, its tenants, its customers and/or the tenants and customers of owners of the remaining portions of the Waremart Property 3 2 2 At any time to relocate the Parking Stalls, PROVIDED that any such relocation (1) shall be performed at the owner of the Lot A Property's sole cost and expense, (n) shall not reduce or Impair the usefulness or function of the easement granted herein, (iu) shall be completed using material and design standards which equal or exceed those originally used, and (iv) shall not unreasonably interfere with or diminish the right granted herein of the public to use the twenty Parking Stalls adjacent to the Park Property 3 3 Maintenance The owner of the Lot A Property shall, without cost or expense to Federal Way, cause 3 3 1 The Access Easement Property and the Parking Stalls to be constructed prior to the time an occupancy permit is issued for the first building to be constructed on the Waremart Property, and 3 3 2 The Access Easement Property and the Parking Stalls to be maintained in a state of good repair, with the minimum standard of maintenance of the Access Easement Property and the Parking Stalls to be not less than the standard of minimum maintenance followed in other first-class retail shopping centers of comparable size in the Federal Way, Washington area 3 3 3 In the event the owner of the Lot A Property fails to maintain the Access Easement Property and the Parking Stalls in accordance with requirements of this Section 3 3, Federal Way may send written notice of such failure to the owner of the Lot A Property This notice shall contain an itemized statement of the specific deficiencies (hereinafter referred to as the "Deficiencies") in the owner of the Lot A Property's performance of its obligations under this Section 3 3 The owner of the Lot A Property shall have ten (10) days after receipt of the notice in which to correct the Deficiencies or within which to commence to correct the Deficiencies if the Deficiencies cannot be corrected within the ten-day period, and thereafter to proceed diligently to complete the correction of the Deficiencies In the event the owner of the Lot A Property shall fail or refuse to timely correct or to begin to correct the Deficiencies and O proceed to diligently complete the same, as the case may be, Federal Way may, at its option, O correct the Deficiencies In the event Federal Way shall exercise its option to correct the O Deficiencies, the owner of the Lot A Property shall, within ten (10) days from receipt from C Federal Way of an itemized invoice for the costs incurred by Federal Way in correcting the Deficiencies, pay such costs to Federal Way, plus an administration fee in the amount of ten percent (10%) of the costs If the invoice is not paid within the ten-day period, interest on the amount due under the invoice from the date of the invoice shall be paid by the owner of the Lot A Property to Federal Way at U S Bank National Association's prune rate of interest (or if it no longer exists, a comparable regional national bank located in Washington), plus two percent 01 (2%) per annum until paid 4 Miscellaneous 4 1 Easements to Run With Land The use restriction set forth in Section 2 1, the Slope and Maintenance Easement set forth in Section 2 2, the construction easement set forth in Section 2 3 and the improvement and maintenance covenants set forth in Section 2 4 shall be a burden on the Park Property and shall be appurtenant to and for the benefit of the Lot A Property and shall run with the land The access easement set forth in Section 3 1, the easement for the Parking Stalls set forth in Section 3 2 and the maintenance covenant set forth in Section 3 3 shall be a burden on the Lot A Property and shall be appurtenant to and for the benefit of the Park Property and shall run with the land 42 Term This Agreement shall be effective as of the date it is recorded in the real property records of King County, Washington and continue in full force and effect until 11 59 p in on December 31, 2075, unless extended upon the mutual written agreement of Federal Way and the owner of the Lot A Property, which agreement must be recorded in the real property records of King County, Washington prior to 11 59 p m on December 31, 2075, PROVIDED, HOWEVER, that the easements referred to in this Agreement as being perpetual or continuing beyond the term of this Agreement shall continue in full force and effect as provided herein Upon termination of this Agreement, all rights and privileges derived from, and all duties and obligations created and imposed by, the provisions of this Agreement, except as related to the perpetual easements mentioned above, shall terminate and have no further force or effect PROVIDED FURTHER that the termination of this Agreement shall not limit or effect any remedy at law or in equity that a party may have against the other with respect to any liability or obligation arising or to be performed under this Agreement prior to the date of such termination 43 Imunctive Relief In the event of any violation or threatened violation by any person of any of the covenants and easements contained in this Agreement, any or all of the owners of the benefited property shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction The right of injunction shall be in addition to all other remedies set forth in this Agreement or provided by law 44 Breach Shall Not Permit Termination No breach of this Agreement shall entitle any party to terminate this Agreement, but such limitation shall not affect in any manner any Cfl other rights or remedies that any party may have hereunder by reason of any breach of this 0 O Agreement 45 Waiver The failure of a person to insist upon strict performance of any of the C covenants contained herein shall not be deemed a waiver of any rights or remedies that said '~ person may have, and shall not be deemed a waiver of any subsequent breach or default in the O performance of any of the covenants contained herein by the same or any other person 46 Attornev's Fees If any person initiates or defends any legal action or proceeding O to interpret or enforce any of the terms of this Agreement, the prevailing party in any such action a or proceeding shall be entitled to recover from the losing party in any such action or proceeding its reasonable costs and attorney's fees, including the same with respect to an appeal 47 Modification of Agreement Any modification of this Agreement or additional obligation assumed by any party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or by an authorized representative of each party 48 Conflict To the extent the provisions of this Agreement conflict with the terms of the Zoning Agreement, this Agreement shall control 49 Governing Law It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington 4 10 Not a Partnership The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership or any other similar relationship between the parties 4 11 Cautions and Headings The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein 4 12 Construction In construing the provisions of this Agreement and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular 4 13 Recordation This Agreement shall be recorded in the real property records of King County, Washington IN WITNESSES WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written GO I~ c0 0 0 0 0 0 0 0 0 WINCO FOODS, INC Bye Its CITY OF FEDERAL WAY STATE OF IDAHO, ) )ss County of Ada ) ted On this £�► day of Ajk 2000, before me_A&LAq Cr lr h a Notary Public, personally appeared Ga rc, R. f syc. _ f known or proved to me to be the GPo of WINCO FOODS, INC, an Idaho corporation, the person whose name is subscribed to the foregoing instrument, and �. acknowledged to me that he executed the same on behalf of said corporation CO O IN WITlP° WIIrEOF, I have hereunto set my hand and affixed my official seal the p day and year yt`�sYr,�ie,;tirst above written O f �pT ACE r Notary Zdblic o •�: Residing at 3a5c: O �j f ''•*' `.•` Comm ExpiresV iA0 ua71Z Of C9 STATE OF WASHINGTON,) )ss County of King ) Qn this �_ day of 2000, before me, fy- Gi I a NotWy Public, personall appeared bL /J 7q . nAtz2A_!A, known or proved to me to be the of the CITY OF FEDERqL WAY, WASHINGTON the person whose n e is subsiribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said non -charter optional municipal code city IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written EILEEN ROBINSON STATE OF WASHINGTON Notary Public NOTARY ••�•• PU8LIC Residing at Comm Expires 1 �°l -p'L VY COUMISSIOd EXPIRES 1-29-02 2571974_5 EXHIBIT "A" LEGAL DESCRIPTION TRACT "E" of BINDING SITE PLAN No BSP 97-0001 PARK DEDICATION AREA TO CITY OF FEDERAL WAY PORTION of TAX LOT No 415920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land conveyed to Waremart, inc , as described in deed recorded under King County Recording No 9806240947, in the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows. Commencing at the East Quarter corner of said Section 19; Thence, North 87°58'05" West O 1166.05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly Right -of -Way line of S W. Campus Drive as described in Deed to King County recorded under King County Recording No. 8501170665, and being the TRUE POiNT OF BEGINNING of the herein -described parcel of land, THENCE, along the Northerly line of said Waremart Parcel, South 81 °45'00" East 666.94 feet, O THENCE, leaving said Northerly line, along the line common to proposed "Lot A" and proposed O "Tract E" (Park Dedication Area) of City of Federal Way Binding Site Plan No. BSP 97-001, O the following courses' C4 11 South 31°53'59" West 84 56 feet, ilk 2) South 87105'00" West 28 95 feet, 3) South 02°55'00" East 150 75 feet; 4) South 00000'00'West 151.25 feet, and, 5) South 89059'48" West 17 82 feet, to a point on the proposed Northeasterly Right -of -Way line of S W Campus Drive, THENCE, along said Northeasterly Right -of -Way line, Northwesterly 373 87 feet, along the arc of a 660.00-foot radius curve, concave to the Southwest and having a radial bearing of South 71016'37" West, through a central angle of 32°27'24"; THENCE, North 51010'47" West 32.88 feet, to a point on the Northeasterly Right -of -Way line of S W. Campus Drive, as described in Deed recorded under King County Recording No 8501170665; THENCE, along said Right -of -Way line, Northwesterly 374.65 feet, along the are of 702.00 foot radius curve, concave to the Southwest and having a radial bearing of South 38149'13" West, through a central angle of 30'34'13", to the True Point of Beginning. The above -described parcel of land contains approximately 1 6001 Acres, more or less End of Description Prepared by Barghausen Consulting Engineers, Inc \1ATLANTIS1PROJECTS\sdskproi\6127\doc\6127[g[E doc Mike Hotes Page 1 04/13/99 EXHIBIT "B" LEGAL DESCRIPTION LOT A, LOT B, LOT C, and LOT D of Binding Site Plan No BSP 97-0001 PORTION of TAX LOT No 415920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land conveyed to Waremart, Inc , as described in deed recorded under King County Recording No 9806240947, in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows Commencing at the East Quarter corner of said Section 19, Thence, North 87158'05" West 1166 05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly Right -of -Way line of S W Campus Drive as described in Deed to King County recorded under King County Recording 8501170665, Thence, along the Northerly line of said Waremart Parcel, South 81 °45'00" East 666 94 feet, O to the TRUE POINT OF BEGINNING of the herein -described parcel of land, O THENCE, leaving said Northerly line, along the line common to proposed "Lot A" and proposed "Tract E" (Park Dedication Area) of City of Federal Way Binding Site Plan No BSP 97-0001, the following courses O 1) South 31 °53'59" West 84 56 feet; 2) South 87005'00" West 28 95 feet, *'I 3) South 02°55'00" East 150 75 feet, 115 4) South 00100'00" West 151 25 feet, and, p 5) South 89159'48" West 17 82 feet, to a point on the proposed C Easterly Right -of -Way line of S W Campus Drive, O THENCE, along said Easterly Right -of -Way line, the following courses 1) Southeasterly 139 38 feet, along the arc of a 660 00-foot radius curve, concave Southwesterly and having a radial bearing of South 71'16'37" West, through a central angle of 12°05'58", 2) South 06137'25" East 219.19 feet, 3) South 13126'56" East 88 35 feet, 4) South 06037'25" East 88 40 feet, 5) Southeasterly 424 05 feet, along the arc of a 340 00-foot radius curve, concave Northeasterly, through a central angle of 71°27'36", 61 South 78°05'01" East 107 80 feet, 7) South 88052'25" East 36 94 feet, and, 8) Northeasterly 39 26 feet, along the are of a 25 00-foot radius curve, concave Northwesterly, through a central angle of 89158'37", THENCE, along the Westerly Right -of -Way line of 1" Avenue South as described in Deed recorded under King County Recording No 7303070524, the following courses 1) North 01108'58" East 526 51 feet, 2) Northerly 186 42 feet, along the arc of a 958 00-foot radius curve, concave Westerly, through a central angle of 11'08'58", 3) North 10*00'00" West 115 01 feet, 4) Northerly 227 54 feet, along the arc of a 842 00-foot radius curve, concave Easterly, through a central angle of 15029'00", 5) North 84°31'00" West 8 00 feet, and, 6) Northerly 110 67 feet, along the arc of a 850 00-foot radius curve, concave Easterly, through a central angle of 07127'35", to the Northeast corner of said Waremart Parcel, THENCE, along the Northerly line of said Waremart Parcel, Southwesterly 44 67 fleet, along the arc of a 30 00-foot radius curve, concave Northwesterly and having a radial bearing of North 771,03'25" West, through an central angle of 85118'25", THENCE, North 81045'00" West 385 70 feet, to the True Point of Beginning The above -described parcel of land contains approximately 12 0191 Acres, more or less End of Description Prepared by Sarghausen Consulting Engineers, Inc 1\ATLANTIS\PROJECTS\sdskproj%61271doc\61271g11 doc Mike Hotes Page 1 04113/99 EXHIBIT "C" LEGAL DESCRIPTION LOT "A" of BINDING SITE PLAN No BSP 97-0001 PORTION of TAX LOT No 415920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land conveyed to Waremart, Inc., as described in deed recorded under King County Recording No 9806240947, in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows Commencing at the East Quarter corner of said Section 19, Thence, North 87158'05" West 1166 05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly Right -of -Way line of S W Campus Drive as described in Deed to King County recorded under King County Recording 8501170665, Thence, along the Northerly line of said Waremart Parcel, South 81'45'00" East 666 94 feet, to the ;v TRUE POINT OF BEGINNING of the herein -described parcel of land, THENCE, along the Northerly line of said Waremart Parcel, South 81°45'00" East 666 94 feet, O THENCE, leaving said Northerly line, along the line common to proposed "Lot A" and proposed "Tract E" O {Park Dedication Area) of City of Federal Way Binding Site Plan No BSP 97-0001, the following courses 1) South 31053'59" West 84 56 feet; O 2) South 87105'00" West 28 95 feet; O 3) South 02055'00" East 150 75 feet, 4) South 00°00'00'West 151 25 feet, and, 5) South 89059'48" West 17 82 feet, to a point on the proposed O Northeasterly Right -of -Way line of S W Campus Drive, THENCE, along said Northeasterly Right -of -Way line, the following courses 1) Southeasterly 139 38 feet, along the arc of a 660 00-foot radius curve, Q concave Southwesterly and having a radial bearing of South 71°16'37" West, 0 through a central angle of 12°05'58", 2) South 06037'25" East 219.19 feet, and, 3) South 13026'56" East 66 36 feet, to the Northwest corner of proposed "Lot B" of Binding Site Plan No BSP 97-0001, THENCE, along the line common to proposed "Lot B" and proposed "Lot A', Nbrth 89159'58' East 154 59 feet, and, South 00100'00" East 225 36 feet, THENCE, along the line common to proposed "Lot A" and proposed "Lot C" of BSP 97-0001, North 90000'00' East 75 00 feet, to the Southwest corner of proposed "Lot D" of BSP 97-0001; THENCZ, along the line common to proposed "Lot D" and proposed "Lot A', North 00°00'00" West 216 36 feet, and, North 90°00'00" East 229 01 feet, to the Westerly Right -of -Way line of 11, Avenue South, as described in Deed recorded under King County Recording No 7303070524, THENCE, along said Westerly Right -of -Way line, the following courses 11 North 01008'58" East 134 28 feet; 2) Northerly 186 42 feet, along the arc of a 958 00-foot radius curve, concave Westerly, through a central angle of 11008'58", 3) North 10000'00' West 115 01 feet, 41 Northerly 227 54 feet, along the arc of a 842 00-foot radius curve, concave Easterly, through a central angle of 15*29'00", 5) North 84031'00" West 8 00 feet, 6) Northerly 110 67 feet, along the arc of a 850 00-foot radius curve, concave Easterly, through a central angle of 07°27'35", to the Northeast corner of said Waremart Parcel, THENCE, along the Northerly line of said Waremart Parcel, Southwesterly 44 67 feet, along the arc of a 30 00-foot radius curve, concave Northwesterly and having a radial bearing of North 77003'25" West, through an central angle of 85'18'25", and, North 81'45'00" West 385 70 feet, to the True Point of Beginning The above -described parcel of land contains approximately 8 8237 Acres, more or less End of Description Prepared by Barghausen Consulting Engineers, Inc tIATLANTISIPROJECTSisdskproll6127ldoc161271g1A doc Mike Hotes Page 1 04113/99 EXHIBIT "D" LEGAL DESCRIPTION EASEMENT FOR SLOPES & MAINTENANCE PORTION of TAX LOT No 415920-0710 All that certain real property situate to the City of Federal Way, Icing County, State of Washington, being a portion of that certain parcel of land conveyed to Waremart, Inc , as described in deed and recorded under King County Recording No. 9806240947 in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows An EASEMENT for embankment slopes, appurtenances thereto and maintenance thereof, in, on, over, under, through, and across an area of land, the perimeter boundaries of which CO are described as follows Commencing at the East Quarter corner of said Section 19, Thence, North 87058'05" West 1 166 05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly O Right -of -Way line of S.W. Campus Drive as described in Deed to King County recorded under O King County Recording No. 8501170665; Thence, along the Northerly Irne of said Waremart Parcel, P-1 South 81045'00" East 571 91 feet, to the TRUE POINT OF BEGINNING of the in herein described parcel of land; CD THENCE, continuing along said Northerly line of the Waremart Parcel, C South 81045'00" East 95.03 feet; O THENCE, leaving said Northerly line, along the Irne common to proposed "Lot A" and proposed Q "Tract E" (Park Dedication Area) of City of Federal Way Binding Site Plan No BSP 97-0001, cm along the following courses 1) South 31'53'59" West 84.56 feet; 2) South 87°05'00" West 28 95 feet; 3) South 02°55'00" East 150 75 feet, 4) 'South 00°00'00" West 151.25 feet, and, 5) South 89°59'48" West 17.82 feet, to a point on the proposed Northeasterly Right -of -Way line of S W. Campus Drive, THENCE, along said proposed Right -of -Way line, Northwesterly 72.73 feet, along the are of a 660 00-foot radius curve, concave to the Southwest and having a radial bearing of South 71°16'37" West, through a central angle of 03042'35; THENCE, leaving said proposed Right -of -Way line, North 89059'59" East 16 84 feet, THENCE, parallel with and 16.00 feet Westerly from course 4) and 3) described above; North 00000'00" East 110.84 feet; and, North 02"55'00" West 238 17 feet, to the True Point of Beginning. The above -described Easement area contains approximately 10,843 square feet, more or less. End of Description Prepared by. Barghausen Consulting Engineers, Inc P lsdskproj161271doc16127ESMS doc Mike Hotes Page 1 04/13/99 It- I*Alliikl -:w LEGAL DESCRIPTION EASEMENT FOR ACCESS & PARKING PORTION of TAX LOT No 415920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land conveyed to Waremart, Inc , as described in deed recorded under King County Recording No. 9806240947 in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows OQ An EASEMENT for Access (Ingress & Egress) and Parking purposes, appurtenances thereto and maintenance thereof, in, on, over, under, through, and across an area of land, the perimeter boundaries of which are described as follows co Commencing at the East Quarter corner of said Section 19, Thence, North 87058'05" West 0 1166 05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly O Right -of -Way line of S W Campus Drive as described in Deed to King County recorded under J King County Recording No 8501170665, Thence, along the Northerly line of said Waremart Parcel, O South 81145'00" East 666 94 feet, to the TRUE POINT OF BEGINNING of the herein described parcel of land; THENCE, continuing along said Northerly line of the Waremart Parcel, South 81°45'00" East 385.70 feet, THENCE, continuing along said Northerly line, Northeasterly 44 67 feet, along the arc of a O 30.00-foot radius curve, concave to the Northwest, through a central angle of 85°18'25", O THENCE, along the Westerly Right -of -Way line of 1" Avenue South, as described in deed recorded CD under King County Recording No. 7303070524, the following courses 1) Southerly 110 67 feet, along the arc of a 850 00-foot radius curve, concave to the East and having a radial bearing of South 77003'25" East, through a central angle of 07127'35", 2) South 84031'00" East 8 00 feet; and, 3) Southerly 27.31 feet, along the are of a 842 00-foot radius curve, concave to the East, and having a radial bearing of South SV31'00" East through a central angle of 01 °51'29"; THENCE, leaving said Westerly Right -of -Way line, Northwesterly 55 88 feet, along the are of a 40 00-foot radius curve, concave Southwesterly and having a radial bearing of North 86122'29" West, through a central angle of 80002'51 ", THENCE, along the following courses 1) North 76025'20" West 113 23 feet, 2) North 63040'23" West 50.84 feet, 3) North 81045'00" West 55 39 feet, 4) North 78014'47" West 65.47 feet, 5) North 81045'00" West 60 32 feet; 6) Southwesterly 85 74 feet, along the arc of a 50 00400t radius tangent curve, concave Southeasterly, through a central angle of 98*15100", 7) South 00000'00" West 172.04 feet, 8) North 90°00'00" West 47 33 feet; THENCE, along the line common to proposed "Lot A" and proposed "Tract E" (Park Dedication Area) of City of Federal Way Binding Site Plan No BSP 97-001, the following courses 1) North 00000'00" East 46 75 feet, 2) North 02055'00" West 150 75 feet, 3) North 87005'00" East 28 95 feet, and, 4) North 31153'59" East 84 56 feet, to the True Point of Beginning The above -described Easement area contains approximately 34,301 square feet, more or less End of Description Prepared by Barghausen Consulting Engineers, Inc P Isdskproj161271doc16127pkac doc Mike Hotes Page 1 02/10/00 EXHIBIT "F" LEGAL DESCRIPTION EASEMENT FOR ACCESS (Ingress & Egress) PORTION of TAX LOT No 416920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land conveyed to Waremart, Inc., as described in deed recorded under King County Recording No 9806240947 in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows Go r, An EASEMENT for Access (Ingress & Egress) , appurtenances thereto and maintenance thereof, in, on, over, under, through, and across a Strip -of -land, 30.00 feet in width, 0 15.00 on both sides of the centerline described as follows G Commencing at the East Quarter corner of said Section 19, Thence, North 87°58'05" West G 1166 05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly O Right -of -Way line of S.W. Campus Drive as described in Deed to King County recorded under King County Recording No. 8501170665; Thence, along the Northerly line of said Waremart Parcel, South 81 °45'00" East 666.94 feet, to the Corner common to "Lot A" and "Tract E", of City of Federal Way Binding Site Plan No. 97-0001, Thence, along the property line common to said "Lot A" and said "Tract E", the following courses 1) South 31 °53'59" West 84.56 feet; O 2) South 87005'00" West 28 95 feet, 3) South 02°05'00" East 150.75 feet, and, © 4) S 00000'00" East 46 75 feet; Thence, North 90°00'00" East 32 33 feet, to the CD TRUE POINT OF BEGINNING of the centerline of the herein described strip -of -land, 02 Thence, along said centerline the following courses 1) South 00°00'00" West 122.80, 2) Southeasterly 15 96 feet, along the arc of a 25 00 foot radius curve, concave Northeasterly, through a central angle of 36°34'40", 3l South 36034'40" East 43 34 feet, 4) Southeasterly 15 96 feet, along the arc of a 25 00 foot radius curve, concave Southwesterly, through a central angle of 36°34'40", 5) South 00100'00" West 185 24 feet, 6) Southeasterly 21 57 feet, along the are of a 25 00 foot radius curve, concave Northeasterly, through a central angle of 49125'37", 7) South 49025'37" East 49 36 feet, 8) Southeasterly 17 70 feet, along the arc of a 25 00 foot radius curve, concave Northeasterly, through a central angle of 40134'23", 9) North 00°00'00" East 58 85 feet, 10) Easterly and Southerly 39 27 feet, along the are of a 25.00-foot radius curve, concave Southwesterly, through a central angle of 90000'00", 11) South 00100'00" West 7 75 feet, 12) Southerly and Westerly 62 83 feet, along the arc of a 40 00-foot radius curve, concave Northwesterly, through a central angle of 89°59'58", 13) South 89059158" West 125 72 feet, to the Westerly line of said Lot A, being a point on the proposed Easterly Right -of -Way line of S W Campus Drive The above -described Easement area contains approximately 22,991 square feet, more or less The sidelines of said Easement area are to be lengthened or shortened to terminate at the proposed Easterly Right -of -Way line of S W Campus Drive End of Description Prepared by Barghausen Consulting Engineers, Inc IIATLANTISIPROJECTSIsdskproj161271doc16127ESMa doc Mike Hates Page 1 12/07/99 I ____________ N875805"W 116605' E1/4 Sec P s a4 94, Sal '45, E Parking &-Access ~- „ f7• Tract E EASEMENT 34.301 t sq ft Park Dedication n 7n '/0- 6 1 6001t acres N 7 7� llm ._ EASEMENT 10843 t sq ft SW59'46w 1782' Scale 1 "=200' R=Eww' L=13937' ;, 2895' t&JF 11* L=2 7 54' sww'o9T . A=1 '29'00 15f25' R=8 2 00' Lot A -WINCo' ' 8 824 acres o r 30' ACCESS (Ingreas & Egrea0 ze EASEMENT 22,9911 sq ft 42 53 L=186 42' o=110656' 0 41 R=958 W' 42'w SIX26'Do E. 6636' 2199, N06'37'25'# 88 40' . rr Qr Right -of -Way Dedloation 19,536 t sq ft N90G1400T 22901' Lot B N 01679 acres ` g Lot D .. 1 1789 acres N =af R=310[d 75 Ld' a 00, N90'00'00 236 03' Lot C z, -3946,29' 1 2486 acres RaJFO [k7 i EXHIBIT MAP Binding Site Plan - BSP 97-0001 PORTIONS of the N. E.1/4 of the S. E.1/4 & the S. E.1/4 of the N. E.1/4 of SECTION 19, Township 21 North, Range 4 East, Willamette Meridian City of FEDERAL WAY KING County State of WASHINGTON EXHIBIT G o C 00r� Cp 4� l � � 9 "I 3 9i a9e i : :j agi x. of 99i 9@ . T t ° Jill g '9 iM Ns is xt i is 1 • �!� p i S.TC Rwn - /•nlK P�M^lt NCO SHOPPING CENTER MULVFrn ny PffRTnERSH I P _ A t C II 1 I I L I S Ilk CAMPUS ORIVE Q FIRST AVE S A••,T Dann u. • wu•n.0 a .•,iln •�pn•1• L Y•t•ee FEDERAL WAY, WA i"023 lla7o mm�c vew •eea eomMn Wn Ve6� N�WeP7ai FAkH7376i?9ri .... Document below minimum digital Iwasing qwft { F •,srnductio ay n be legib moved: c: 2y 1 Ul 4y: 0 m m _ SHEET Li MATCHLINESHEETL1 LAVDba. g MA WINCO SHOPPING CENTER S-W CAMPUS DRIVE t rJRST AVE. S FEDERAL h'AT, WA 96023 Xqm 1: A: t2a po !ep , �--!o 01 N 'm L Zl� IM OD 0 UM Q Q Q Q I R 9 I -i SITU PLAN - PAR 76GIGA'ICN OPPINC CENTER DRIVE R FIRST AVE S WAY. WA 98023 smartVIEW Online Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=346841cl-59e4-4fd3-9b4a-02dlb3245cOf [9/8/2016 2:37:39 PM] 111111 a Jill , 1i11111 20001012001095 QW T CORP EAS 12.00 pA 001 F 445 10/12/240S 14.13 KING COUNTY, WA Return to: QWEST Corporation Christine Price 14808 SE 161h Street Bellevue, WA 98007 Document Title: Easement Reference # : WA000237 Grantor WINCO FOODS INC Grantee: QWEST Corporation. Legal Description: SE 1/4 Sec 19 T21 N R4 E Parcel# : 4159200710 RECORDING INFORMATION ABOVE RNV # WA Doe ,z,3-7 EASEMENT Fhe undersigned Grantor(s) for and inconsideration of MUTUAL BENEFITS Dollars "0" ) and other good and valuable consideration, the C receipt whereof is hereby acknowledged, do hereby granr and convey unto Qwest Corporation, a ,..� Colorado Corporation, hereafter referred to as "Grantee", whose address is 1801 Califomia St , Suite C : 100, Denver, CO 80202, its successors, assigns, lessees, licensees, and agents a perpetual easement to E construct, reconstruct, modify, change, add to, operate, maintain, and remove such C telecommunications facilities, electrical facilities and gas facilities, and appurtenances, from time to '' ime, as Grantee may require upon, over, under and across the following described land situated in the C C ounn of KING , State ~ of WASHTNQ'rQ•_, which the Grantor owns or in which the Grantor has any interest, to wit C c SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Grantor further conveys to Grantee the following incidental rights -re eanSIFUe109. AelPlIerserett, reme al upan a s'rip of laA + feet%vid -ei�- f (2) The right of ingress and egress over and across the lands of Grantor to and from the above -described property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted Grantee shall have no responsibility for pre-existing environmental contamination or liabilities Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted Grantor covenants that he/she/they is/are the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on said easement area and no change will be made by grading or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area The rights, conditions and provisions of this easement shall Inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto RECORDING INFORMATION ABOVE Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof The arbitration shall be conducted in the county where the property is located Dated this Grantor Grantor Grantor Grantor 11th _day (Individual Acknowledgment) STATE OF WASHINGTON � ]ss COUNTY OF i The foregoing instrument was acknowledged before me this day of , 20_, by [SEAL] Notary Public My commission expires. of October , 2000 WINCO FOODS INC {Official name of company or Corporation} By Gary R. Piva Its Vice Presiden (Corporate Acknowledgment) STATE OF WA1&KMdfdQl2V } IDAHO In COUNTY OF ADA } The foregoing instrument was acknowledged before me thisllth day of October , 20 oo , by GARY R. PIVA of WINCO FOODS, INC. an Idaho Corporation, on behalf of the corporation [SEAL] vtary Public �r My commission expires /-3,v-zx6J- R/Wr; W40001A-1 Job# 02WT597 Exchange W26927 County KING _ 1,. Section SE Section 19 Township 21N Range 4E W M Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION BINDING SITE PLAN No. BSP 97-0001 EASEMENT FOR UTILITIES PORTION of TAX LOT No. 416920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land described in deed recorded under Kino County Recording No. 9806240947, in the Northeast Cuarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 19. Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows_ 3'2 An EASEMENT for Utility purposes, appurtenances thereto and maintenance thereof, in, on, over, under. C through and across a uniform strip -of -land 10 00 feet in width. the Southerly and Westerly sidelines of which are described as follows, C Commencing at the intersection of S W. Campus Drive and 1" Avenue SE said point being the South Sixteenth © corner common to said Section 19 and Section 20, Thence, alone the East Una of the Southeast Quarter of C\i Section 19, North 01°08'58" west 43.60 feat; Thence, North SirSI'02" West 58.46. feet to a point on the proposed Westerly Right -of -Way line of 101 Avenue South, said point being the TRUE POINT OF BEGINNING of the Southerly and Westerly sidelines of the heroin -described rarip-of-land; THENCE along the following courses- 1) North 136052'25' West 45.47 fasL parallel with and 43 50 feet *-� North from the centerline of S.W Campus Drive; © 21 North 78005,011 West 107.110 feet; 3) Westerly and Northerly 424-06 feet, along the arc of a 340.00-foot tangent curve, concave Northeasterly, through a central angle of 71 °27'36"; 41 North 06°37'25" West 88.40 feet; 51 North 13°26'56" West 88.3S feet; 6) North 06.37111' Weat 219.19 feet, parallel with and 53.00 feet East from the centerline of S.W Campus Drive; 7) Northerly and Westerly S13.25 feet, along The arc of a e130.00-foot tangent eurva, concave Southwesterly, through a central angle of 44033'32"; 81 North 91.10'47" West 32.88 fact, to a point on the Northeasterly Right•of-Way line Of S.W. Campus Drive, THENCE, along said Northeasterly Right -of -Way line, parallel with and 42.00 feet from the centeflina of S-W. Campus Drive, Northwesterly 374.55 Teen, along the are of a 702.00-foot radius curve, concave Southwesterly, through a central angle of 30°34' 13', to the Northwest corner of the parcel described to Recording No. 9806240947, and being the terminus of the Southerly and Westwly sidelines of the herein described strip -of -land. The Northerly and Easterly sideliner of the above described strip -of -land are to be lengthened or shortened to terminate at the boundaries of the parcel described in King County Recording No. aMM240947. The above described strip -of -land contains approximately 18.190 square feet, more or loss. SEE ALSQ�"Exhibit Map", attached hereto and by -this reference made a part hereof, for a graphic representation of the herein described Easement strip -of -land. End of Description Prepared by; earghousen Consulting Fnglneem, Inc. Sl'?E E){HIBIi'" B" P:%xdskpro)161271doc16127U'TL1.doe Mika Hates Pagel a111100 EXHIBIT "B" - N87"58'051Y 1166 05' E 1/4 .1-.4145 1 19 s o� 666 94' S81 45 00r Tract E Park Dedication 54 385 ?a ✓v 160011 acres 5871?$07x"i=TSpp6T' Fi. • d 7E' cn 2195' ❑= OT77J5• R-50' Rm Li7' W a 400 a c �h N L=2 7 54' MCI 00 L x 15125' R=8 2 00' Y G1101(,& R-66000' i=37J87' I Lot A 58959'48 W •WI�C�• • + �-3T2724 N 7781 8 824 acres r 42' 6 �� L=186 47' o I =110856, 0 R=958 00' S�•' 42' to ' Scale 1'--200' cGn a S1r16561E WM' r54ss b N9�o0no7 129a1' 1106.3715W ry t2 'Q N 8840, Lot B N • 0 7679 acres 8 Lot D �? 1 1789 acres aWDSt Corpr21tion Easement � o N $ Cv Y CS N 18,194 1 sq 1t R=34000 75cn' g o i H90 00'00')= t=41405 Lot C o A-7127J6• 1 2486 acres T P 0 B 42 Pdd Donal Righl-o(fW� Dedreatrvn� � �] 1 r 4.35 l 1 1/16 A= 15 00 EXHIBIT MAP - Binding Site Plan No. BSP 97-0001 `-'37¢ n- 89'$i137 UTILITY EASEMENT for Puget Sound Energy PORTIONS of the N.E 1/4 of the S E 1/4 & the S E 1/4 of the N E 1/4 of SECTION 19, Township 21 North, Range 4 East, Willamette Meridian City of FEDERAL WAY KING County State of WASHINGTON smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument_GUID=50882885-5c7d-4716-8a0d-723bbl6a4al4 [9/8/2016 2:37:43 PM] e= C= M 0 C> C7 m 0 CM CD f'7 C J RETURN ADDRESS City of Federal Way P O Box 9718 Federal Way, WA 98063-9718 20001109000600 Please print neatly or type information Document Title(s) Easements for Surface Water Drainage Facilities Reference Number(s) of related documents N/A Grantor(s) (La%t, First and Middle Initial) WinCo Foods, Inc Grantee(s) (Last, First and Middle Initial) Citv of Federal Way, Washington Additional reference #s on page _ Additional grdntor% on page _ Additional grantee~ on page _ Legal Description (abbreviated form i e , lot, block, plat or tiection, township, range, quarter) Portion of NE i/4 of the SE '/A and the SE 1A of the NE'/4 of Section 19 Township 321 North Range 4 East _ Additional legal is on page Assessor's Property Tax Parcel/Account Number 415920-0710 _ Additional parcel #s on page ___ The Auditor/Recorder will rely on the information provided on thi-, Lorin I lie %tail will not read the document to verify the accuracy or completeness of the indexing information provided herein "no r• I.r� rrr tii: A-, t c= CD CM 0 cm Cn 0 r-+ C7 CJ N Recording Requested By Wmco Foods, Inc When Recorded Mail To Bob C Sterbank, Deputy City Attorney CITY OF FEDERAL WAY P O Box 9718 FEDERAL WAY, WA 98063-9718 EASEMENTS FOR SURFACE WATER DRAINAGE FACILITIES Grantor (s) WINCO FOODS, INC Grantee (s) CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated) Portion of the East 1/2 of Section 19, Township 21 North, Range 4 East, W M , King County, WA, as described in deed recorded under King county Recording No 9906240947, Complete Legal Description attached as Exhibit C ("Servient Property") Easement Legal Description See attached Exhibits A, B, and C Assessors Tax Parcel ID#(s) 415920-0710 (Portion) WINCO FOODS, INC, is the owner of that certain real property (the "Servient Property") located in Federal Way, Washington, legally described in Exhibit C attached hereto and incorporated by reference For valuable consideration, including but not limited to City of Federal Way approval of BSP 97-0001, UP397- 0010 and BLD 99-0006, the receipt of which is hereby acknowledged, Grantor hereby grants, conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation, and its successors and assigns ("Grantee") for the purposes hereinafter set forth three perpetual easements ("Easements A, B and C") for the purposes set forth in Paragraphs 1, 2 and 3 respectively below, in, through, under, across and over portions of the Servient Property, as legally described in Exhibits A and B attached hereto and incorporated by reference (the Easement C legal description is the same as that for the Servient Property) Exhibits A, B and C are generally depicted in the Easement Plan attached hereto as Exhibit D and incorporated by reference 1. Easement A — Purpose and Use. Grantee and its agents, designees and/or assigns shall have the right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to discharge storm water flows from the detention basin located adjacent to the north of the Servient Property and owned and operated by Grantee, over, under, and/or through the catch basins, underground conveyance pipes, and other facilities (Easement A Facilities") constructed by Grantor for said purpose within the property described in Exhibit A ("Easement A") Grantee and its agents, designees and/or assigns shall further have the right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Servient Property and Easement A to inspect, construct, reconstruct, operate, maintain, repair, replace, remove and/or enlarge (so long as it does not unreasonably interfere with Grantor's use and operation of the Servient Property) the Easement A Facilities including, but not limited to, underground Imes, pipes, facilities and/or systems upon and under Easement A, together with all necessary or convenient appurtenances thereto, including without limitation, pipes, catch basins, retention and detention facilities, ponds, biofiltration swales, ditches, water quality treatment facilities vaults, and semi -buried or ground mounted facilities ("Other Easement A Facilities") Following initial construction of the Easement A Facilities, Grantee may from time to time construct such Other Easement A Facilities as it may require within Easement A so long as any such construction does not unreasonably interfere with Grantor's use and operation of the Servient Property Grantee shall be responsible at its sole cost for maintenance of the Easement A Facilities and any Other Easement A Facilities constructed in or on Easement A 2. Easement B — Purpose and Use Grantee and its agents, designees and/or assigns shall have the right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to discharge storm water flows from the surface of 1" Way South over, under, and/or through the catch basins, underground conveyance pipes, water quality treatment vault and other facilities ("Easement B Facilities") constructed by Grantor for said purpose within the property described in Exhibit B ("Easement 137), provided that Grantor shall have no responsibility to accommodate any increase in storm drainage created by any modifications to I I Way South, Grantor covenants and agrees to maintain the Easement B Facilities, at Grantor's sole cost, as necessary to ensure compliance with the requirements of Chapter 21 of the Federal Way City Code Grantee and its agents, designees and/or assigns shall further have the nght, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter Easement B to inspect the Easement B Facilities to determine Grantor's compliance with the maintenance requirements set forth herein In the event the Grantee determines that additional maintenance is necessary for the proper operation of the Easement B Facilities, Grantor covenants and agrees that, in addition to any other remedies allowed by law, Grantee may require Grantor to undertake specific remedial or maintenance actions which, if not performed by Grantor within the time reasonably specified in writing by Grantee, may be performed by Grantee with the costs incurred in such action to be paid by Grantor within thirty (30) days or become a lien against the Lot A m the Binding Site Plan contained in Grantee's File No BSP00-0001 ("Lot A") 3. Easement C — Purpose and Use. Grantors acknowledge that Panther Lake has historically discharged stormwater onto and across the Servient Property, and hereby grants to Grantee and its agents, designees and/or assigns an easement for the discharge of stormwater from Panther Lake over and across the Servient Property Grantee's rights herein may be exercised without prior notice to Grantor, except that Grantee shall provide reasonable prior notice to Grantor of any intentional discharges, to the extent practicable, and shall have no obligation to provide such notice if delays in doing so will jeopardize the public health, safety or welfare 4. Access. Grantor grants to Grantee the right to use such additional area immediately adjacent to Easement A as o shall be reasonably required for the Grantee's exercise and full enjoyment of the easement rights granted co hereunder Grantee shall, to the extent reasonably practicable, return such additional area to the condition existing o immediately prior to Grantee's use of such additional area Grantor further grants to Grantee the right of access 0 over and across the Servient Property as reasonably necessary to allow Grantee to exercise its rights to inspect the Easement B Facilities as provided in Paragraph 2 above 0 5. Obstructions; Landscaping. Grantee may from time to time remove vegetation, trees, or other obstructions within Easement A, and may level, excavate and/or grade the Easement to the extent reasonably necessary to carry c= out the purposes set forth in paragraph l hereof, provided, that following any such work, Grantee shall, to the o extent reasonably practicable, restore Easement A to a condition as existed immediately prior to the performance r" of such work 6. Grantor's Use of Easements A and B. Easements A and B shall be exclusive as between Grantee and any other third party (other than Grantor and any party to whom Grantor may transfer the Servient Property, or portion thereof and any subsequent transferee thereof) Grantor reserves, however, for itself and its successors and assigns, the right to use Easements A and B and the Easement A and B Facilities at any time, in any manner, for any purpose not inconsistent with Grantee's full use and enjoyment of the rights provided herein (including but not limited to paving the surface of Easements A and B), except that Grantor shall not (a) construct or maintain any buildings or other structures on Easements A and B, (b) perform digging, tunnelmg or other form of construction activity on the Servient Property which would disturb the compaction or unearth the Facilities on or in Easements A and B or endanger the lateral support to the Facilities, (c) blast within fifteen (15) feet of Easements A and B, or (d) place trees, plants, or other improvements on or m Easements A and B (other than landscaping required by conditions of City Code or City Bindmg Site Plan or permit approval) which would be unreasonably expensive or 0A unpractical for Grantee to remove and/or restore Grantor, for itself and its successor and assigns, further reserves the right to relocate Easement B and the Easement B Facilities, provided that any such location (a) shall be performed at Grantor's sole cost and expense, (b) shall not reduce or impair the usefulness or function for which Easement B and the Easement B Facilities were granted herein, and (c) shall be completed using materials and design standards which equal or exceed those originally used Any such relocation shall be subject to the reasonable approval of the Grantee, based upon compliance with the aforementioned relocation criteria PROVIDED, HOWEVER, nothing contained herein shall prevent Grantor from causing the roof drains for the building located on Lot A to discharge into the Easement A Facilities and for the Easement B Facilities to discharge into the Easement A Facilities 7. Release. Grantor acknowledges that stormwater from publicly owned systems and bodies of water, including the V Way South right-of-way, Panther Lake and the detention basin located immediately adjacent to the north of the Servient Property, will discharge into and flow across and sometimes over Easements A and B and the rest of the Servient Property, and Grantor releases any and all claims against Grantee for personal or property injury, loss, damage, costs, and/or liability resulting from any injury to any person or from any loss or damage to property related to or arising out of the operation, alleged failure to operate, design and construction or alleged improper design or construction of the Easement A and Easement B Facilities constructed by Grantor, or any Panther Lake Facilities or the discharge of stormwater from public stormwater systems or Panther Lake upon the Servient Property or into the Easement A or Easement B Facilities 8. Indemnification — Easement A To the full extent permitted by law, Grantor agrees to indemnify, defend and hold Grantee, 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 the design, operation, improper design, initial construction or improper initial construction of the Easement A Facilities, and/or the maintenance (or failure to maintain) the Easement A c7 Facilities, to the extent such maintenance (or failure thereof) is performed by or is the responsibility of Grantor c� This covenant to indemnify, hold harmless and defend shall not be enforceable by the Grantee to the extent of any o negligence or intentional misconduct of the Grantee or its employees, agents, or contractors with respect to their c maintenance or operation of the Facilities CD Cn 9. Indemnification — Easement B. To the full extent permitted by law, Grantor hereby agrees to indemnify, defend and hold Grantee, its elected officials, officers, employees, agents, and volunteers harmless from any and r-- 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 the design, improper desi n construction or improper construction of the Q g � g,g, C' Easement B Facilities, and/or its operation and/or maintenance (or failure to operate/maintam) of the Easement B Facilities This covenant to indemnify, hold harmless and defend shall not be enforceable by the Grantee to the extent of any negligence or intentional misconduct of the Grantee or its employees, agents, or contractors with respect to their maintenance or operation of the Facilities 10 Successors and Assigns. The rights and obligations of the parties set forth herein shall be covenants running with the land, and shall inure to the benefit of and be binding upon the parties' respective successors, heirs and assigns, provided, however, that in the event that WINCO sells or otherwise transfers title to Lot A, the obligations set forth herein shall be borne by the owner of Lot A and WINCO shall have no further obligations hereunder [The remainder or this page is intentionally left blank. Signature and acknowledgment are on the next page.l DATED THIS 25th lay of October 2000 GRANTOR W1NC[] FOODS.IN Bv ' (signature) Gary R. Piva (name) CFO (title) c= ca� c,c cn 0 C- x ==(FAM +,4. �re ov 27249462 DOC [Corporate Notary] STATE OF IDAHO ) )ss COUNTY OF ADA ) On this day personally appeared before me r e to me known to be the cam, of Fvo o s an S.DA14 o corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seat affixed, if any, is the corporate seal of said corporation GIVEN my hand and official seal this .�S day of(A 7o&c , 20aej (typ pnnted name of notary) Notary Public to and for the State oPW-d5MF1g1M Zl frm My comttusston expires d Iso /3ca 4 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR STORM DRAINAGE PORTION of TAX LOT No 415920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land described in deed recorded under King County Recording No 9806240947 in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows An EASEMENT for Underground Storm Drainage Facilities, appurtenances thereto and maintenance thereof, in, on, under, through, and across an area of land, the perimeter boundaries of which are described as follows Commencing at the East Quarter corner of said Section 19, Thence, North 87058'05" West 1 166 05 feet, to the Northwest corner of said Waremart Parcel, being a point on the Northeasterly Right -of -Way line of S W Campus Drive as described in Deed to King County recorded under King County Recording No 8501170665, Thence, along the Northerly line of said Waremart Parcel, South 81°45'00" East 462 00 feet, to the TRUE POINT OF BEGINNING of the herein described parcel of land, THENCE, continuing along said Northerly line of the Waremart Parcel, South 81 145'00" East 260 00 feet, THENCE, leaving said Northerly line, along the following courses 1) South 28°13'39" West 170 02 feet, 2) South 00000'00" West 241 75 feet, 3) South 36018'57" East 48 51 feet, 4) South 00°00'00" West 451 23 feet, to a point 65 00 feet Northeasterly from the centerline of SW Campus Drive, 5) South 15°28'44" East 98 20 feet, 6) South 35°00'27" East 59 07 feet, 7) South 22'33'31 " West 18 73 feet, to the proposed Northeasterly Right -of -Way line of SW Campus Drive, THENCE, along said proposed Northeasterly Right -of -Way line, along the following courses 1) Northwesterly 157 99 feet, along the arc of a 340 00-foot radius curve, concave Northeasterly and having a radial bearing of North 56045'11 " East, through a central angle of 26°37'24", 2) North 06°37'25" West 88 40 feet, 3) North 13126'56" West 42 15 feet, THENCE, leaving said proposed Right -of -Way line, along the following courses 1) North 00°00'00" East 328 87 feet, parallel with and 20 00 feet West from course number 4 described above, 2) North 36°18'57" West 48 51 feet, 3) North 00°00'00" East 266 21 feet, 4) North 15023'28" West 137 21 feet, 5) North 70°59'06" West 99 98 feet, 6) North 90°00'00" West 25 96 feet, 7) North 00°00'00" East 69 00 feet, to the True Point of Beginning The r above -described Easement area contains approximately 33,430 square feet, more or less d 1-'_ -, P 1S-d✓;Tcp p Mike Hotes Page 1 9/28/00 End of Description Prepared by Barghausen Consulting Engineers, Inc cm cza cn C= C=) a Cn C=3 C= 0 c.� EXHIBIT "B" LEGAL DESCRIPTION STORM DRAINAGE EASEMENTS PORTION of TAX LOT No 415920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land described in deed recorded under King County Recording No 9806240947 in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows A Non-exclusive EASEMENT for Storm Drainage Facilities, appurtenances thereto and maintenance thereof, in, on, under, through and across an area of land, the perimeter boundaries of which are described as follows Commencing at the intersection of the centerline of 111 Avenue South and SW Campus Drive, Thence, along the centerline of 1' Avenue South North 01008'58" East 194 42 feet, Thence, North 88051'02" West 42 00 feet to the Westerly Right -of -Way line of I" Avenue South, being the TRUE POINT OF BEGINNING of the herein easement area, Thence, along the following courses 1) North 80°34'59" West 40 83 feet, 2) North 00111'09" West 208 13 feet, 3) North 89°50'39" West 291 27 feet, 4) South 00'00'00" West 6 00 feet, eco.�'.. r} 5) North 90°00'00" West 25 00 feet, Qg w~` l+v� f i 6) South 00*00'00" West 124,96 feet, 7) South 22°33'31" West 52,26 feet, 8) North 35013'15" West 58 93 feet, 9) North 15045'54' West 98 20 feet, to a point 65 00 feet Northeasterly from the centerline of SW Campus Drive,' 30582 IVO r 'r 10) North 00°00'00" East 88 20 feet; '�i•/�" 1 1) South 90*00'00" East 73 61 feet, . 12) South 00000'00" West 36 54 feet, 13) South 89050'39" East 368.94 feet, to the Westerly Right -of -Way line of 1' Avenue South, 14) South 01°08'58" West 15 00, along said Westerly Right -of -Way line, 15) North 89°50'39 West 30 27 feet, 16) South 00°1 1'09" East 195 36 feet, 17) South 80034'59" East 25 98 feet, to the Westerly Right -of -Way line of 151 Avenue South, 18) South 01 008'58" West 15 16 feet, along said Westerly Right -of -Way line, to the True Point of Beginning The above described easement area contains approximately 23,630 square feet, more or less P \sdskprol\6127\doc\6127stm2 doc Mike Hotes Page 1 9128/00 End of Description Prepared by Barghausen Consulting Engineers, Inc c7 C=3 , c C;, 0 rn c� c Cm c. MIRIT C EXISTING LOT LEGAL DESCRIPTION DEED REFERENCE King County Recording No 9806240947 THAT PORTION OF THE EAST ONE—HALF OF SECTION 19. TOWNSHIP 21 NORTH, RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON. MORE PARTICULARLY DESCRIBED AS FOLLOWS Commencing at the East Quarter corner of sold Section 19, THENCE, North BT58'05" West 1166 05 feet, to a point on the Northerly Right —of —Way line of S.W. Campus Drive, as described in Deed and recorded recorded under King County Recording No 8501170665. and being the TRUE POINT OF BEGINNING, THENCE SOUTH 81'45'00' EAST 1052.64 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30 00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44 67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85'18'25' TO A POINT OF CUSP WITH THE WESTERLY MARGIN OF FIRST WAY SOUTH (FIRST AVENUE SOUTH) AS DESCRIBED IN DEED RECORDED UNDER RECORDING NO 7306070524, RECORDS OF SAID COUNTY, SAID POINT OF CUSP BEING THE BEGINNING OF A NON —TANGENT CURVE CONCAVE TO THE FAST HAVING A RADIUS OF 850 DO FEET (A RADIAL LANE THROUGH SAID BEGINNING SEARS NORTH 77'03'25' WEST, THENCE SOUTHERLY 110 67 FEET ALONG SAID CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF OT27'35" TO A RADIAL LANE OF SAID CURVE WHICH BEARS NORTH 84'31'00' WEST, THENCE CONTINUING ALONG SAID WESTERLY MARGIN ALONG SAID RADIAL LINE SOUTH 84731'00' EAST 8 00 FEET TO THE BEGINNING OF A NON —TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 842 00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY 227 54 FEET ALONG SAID CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 1929'00" THENCE CONTINUING SOUTH 1(700'00' EAST 11500 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 958 00 FEET, THENCE SOUTHERLY 186 42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'08'58*, THENCE CONTINUING SOUTH 01'08'58' WEST 528 03 FEET TO SAID NORTHERLY MARGIN AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25 00 FEET; THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY 39 26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8T58'37'; THENCE CONTINUING ALONG SAID NORTHERLY MARGIN NORTH 88'52'25' WEST 83 03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 358 00 FEET, THENCE WESTERLY, NORTHWESTEr-Y ANC NORTHERLY 513 92 FEET ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 82'15'00", THENCE NORTH 06'37'25' WEST 38646 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 70200 FEET, THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY 920 47 FEET ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL ANGLE OF 7607'35' TO THE TRUE POINT OF BEGINNING, BEING KNOWN AS THAT PORTION OF LOTS 3, 4 AND 5, BLOCK 5, LAKEWOOD, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS, PAGE 35. RECORDS OF KING COUNTY, WASHINGTON, LYING NORTHEASTERLY OF THE NORTHWESTERLY MARGIN OF SW CAMPUS DRIVE, AND THAT PORTION OF BLOCKS 6, 12, 18 AND 24 OF SAID PLAT OF LAKEWOOD AND STREETS BETWEEN SAID BLOCK VACATED BY KING COUNTY ORDINANCE NO. 3465. RECORDED UNDER RECORDING NO 7711070558 AND AS VACATED BY KING COUNTY ORDINANCE NO 7692, APPROVED JULY 18.1986, LYING NORTHERLY, NORTHEASTERLY AND EASTERLY OF THE WEST MARGIN OF SOUTHWEST CAMPUS DRIVE, AND WESTERLY OF THE WEST MARGIN OF 1ST AVENUE S W EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY FOR RIGHT OF WAY PURPOSES. Federal 1Ndy Ncitlondl 1-1-We Ladd, ue Tdx Lai No 192104-9004 _ _ _ _ _ _ _ _ _ _ _ _ _ . - - - - - _ N87'S8'05 "W 1186 05' ffe to 1/4 Cor i 4620 S91'45p0E ---- -- ---- - N 6 S P 0 B �2601? 1052 64 ti CITY PARK^� Tract E 1 N \ � f0 \ g X � Lot A ,fir I 'WINCO' N v N TRACT B Campus H4Wdr,4 Div 3 Vol 150, Plats, Pgs 67-11 DRAH" EASEMENT Rn No 9208180118 tD K a `1 0 i o_ \ STORM DRAINAGE I EASEMENT 'A' F- 33,430 t sq ft ' 0 Y Ija II4 C1- h STORM DRAINAGE 1 1 EASEMENT W C 23.630 t sq ft N b3 G5 �g 1 27' Ljt B Lot D I �I \ 1 Lot C TP0B� 0 EXHIBIT MAP - EASEMENT PLAN ' Binding Site Plan - BSP 00-0001 PORTIONS of the S.E.1/4 of the N.E.1/4 of SECTION 19, Township 21 North, Range 4 East, Willamette Meridian City of FEDERAL WAY KING County State of WASHINGTON smartVIEW Online Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument GUID=bb4fe9a3-9baf-4000-87cc-eaf9472c7427 [9/8/2016 2:37:48 PM] 0 cs, e� C:j r: a 4'"7 C1J RETURN ADDRESS Cav of Federal Way _ Attn Law Department P O Box 9718 Federal WAY. WA 98063-97I S Please print neatly or type information Document Title(s) Covenant and Agreement to Maintain Traffic Signal Facilities I j f 20001109000601 US BANK cov 14 00 PAGE 001 OF 007 11/09/2000 10.31 KING COUNTY, MR Reference Number(s) of related documents N/ Grantor(s) (Last, First and Middle Initial) WinCo Foods, Inc Grantee(s) (Last, First and Middle Initial) Clty of Federal Wa Washln ton Additional reference #s on page ___ Additional grantors on page ___ Additional grantees on page _^ Legal Description (abbreviated form i e , lot, bloi-k, plat or section, township, range, quarter) SECTION 19 TOWNSHIP 2 1 N RANGE 4E NE QUARTER.0F SE Q UARTER AND SE QUARTER OF NE QUARTER Additional legal is on page 5 Assessor's Property Tax Parcel/Account Number 415920-0710 Portion Additional pdrLel #s on page The Audi tor/Re c,order will rely on the information provided on this loan The stalt will not read the doLument to verify the aLcur icy or completeness of the indexing information provided herein 2713739_1 DOC Recording Requested By Winco Foods, Inc When Recorded Mail To City of Federal Way Attn Law Department P O Box 9718 Federal Way, WA 98063-9718 COVENANT AND AGREEMENT TO MAINTAIN TRAFFIC SIGNAL FACILITIES Grantor (s) WINCO FOODS, INC Grantee (s) CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated) Portion of NE '/. of the SE '/4 & the SE % of the NE % of Section 19, Township 321 North, Range 4 East, W M , King County, WA, as described in deed recorded under King county Recording No 9806240947, Complete Legal Description indicated below Affected Property Legal Description See attached Exhibit A Assessor's Tax Parcel ID#(s) 415920-0710 RECITALS `-= A WINCO FOODS, INC ("WINCO"), is the owner of that certain real property (the "Property") located in Federal Way, Washington, legally described in the deed recorded under King county Recording No 9806250947 r� r-- - B WINCO wishes to provide traffic signals at two locations ("Traffic Signals'), to control access to the Property from public streets Because the two proposed signal locations are not located at intersections of two or more public streets, the Traffic Signals will serve only the Property's access rather than the general public !" 1 C The Traffic Signals will increase delay for the general public using the public streets For this reason, at this time the City has no other traffic signals located at the intersection of a public street and a private access D As a condition of permitting WINCO to install the Traffic Signals, the City included as a condition of the SEPA Mitigated Determination of Nonsignificance ("MDNS") the requirement that WINCO "execute a maintenance and operation agreement for these two signals at an estimated annual cost of $4,000 each prior to the issuance of Certificate of Occupation, to be adjusted for inflation as needed " WINCO did not appeal or otherwise challenge this condition Accordingly, for valuable consideration (receipt of which is hereby acknowledged), including but not limited to satisfaction of the conditions of the MDNS, City of Federal Way approval of BSP 97-0001, UP397-0010 and BLD 99-00006, and the mutual covenants contained herein, WINCO and the City hereby covenant and agree as follows 1 COVENANT AND AGREEMENT 1. OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS The City will own, operate, and maintain the Traffic Signals The level of maintenance will be consistent with the level of maintenance for all other traffic signals operated and maintained by the City The City will update and maintain the two signals, and the coordination of their timing with respect to other signals, consistent with the City's policies concerning signals and signal timing 2. WINCO TO PAY OPERATION AND MAINTENANCE COSTS. All costs of the traffic signal operation and maintenance described in Paragraph 1 above will be at WINCO's sole cost, including without limitation costs incurred in preventative maintenance, relamping, response to complaints, repair of signal equipment, periodic upgrades of signal equipment consistent with City policies for replacement of same, replacement of equipment damaged by the public to the extent not paid by the party damaging the equipment, electncal service, locating signal conduits and detection loops in response to requests by contractors and utilities to avoid damage by said contractors to the extent not paid by the contractor or utility, and the hke Notwithstanding the foregoing, WINCO shall not be obligated to bear the costs of any improvements to the Traffic Signals or equipment appurtenant thereto, where such improvements are necessitated by relocation or realignment of driveways, streets or access roads to serve properties other than the Property or lots within the Binding Site Plan contained in City of Federal Way File No BSP00-0001 ("Binding Site Plan") Further, the City will maintain at the City's sole expense all signal coordination interconnect cable, and junction boxes containing only interconnect cable, but the cost of maintaining any junction boxes containing other facilities in addition to interconnnect cable shall be borne solely by WINCO, in the same manner as other operation and maintenance costs described herein 3. PROCEDURE FOR PAYMENT OF OPERATION AND MAINTENANCE COSTS The City will bill o WINCO for those costs reimbursable under Paragraph 2 above on a monthly basis WINCO shall pay the City within 30 days of the date of the bill Any costs not paid within thirty (30) days of the date of `'1 billing shall accrue interest at the maximum rate allowed by law cr> 4. INDEMNIFICATION. WINCO covenants and agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, r— 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 C; from, resulting from, or connected with WINCO's design of the Traffic Signals and their placement and/or installation at the Property access locations The City agrees to hold harmless, indemnify and defend c� WINCO 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 the City's operation and maintenance of the Traffic Signals 5 SUCCESSORS AND ASSIGNS. The rights and obligations of the parties set forth herein shall be covenants running with Lot A to the Binding Site Plan ("Lot A"), and shall inure to the benefit of and be binding upon the parties' respective successors, heirs and assigns, provided, however, that in the event that WINCO sells or otherwise transfers title to the Lot A, the obligations set forth herein shall be borne by the owner of Lot A and WINCO shall have no further obligations hereunder 6 ATTORNEYS' FEES AND COSTS. Attorneys' Fees In the event that this Agreement is placed in the hands of an attorney in order to enforce in order to enforce compliance with any of its terms and conditions, the substantially prevailing party shall be entitled to reimbursement for all costs and attorneys' fees incurred, regardless of whether any formal legal proceeding is initiated by either party Reimbursement shall include costs and fees incurred on appeal 2 J� DATED THIS 25th day of October WINCO FOODS. INC CITY (signat e) Gary R. Piva (name) CFO (title) David H Moseley City Manager STATE OF WASHINGTON COUNTY OF KING )ss } 2000 On this day personally appeared before me DAVID H MOSELEY, to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that heleie was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation GIVEN my hand and official seal this e27 day of Ocfobey— .2000 _ ,C I cC h 7ZO " h a r> (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires .�- J,? oo?- NOTARY----- PUBLIC MY COMMISSION EXPIRES h29-02 K( pubworkwncosignmaintdoe 2713714_1 41 QT AR >r •: # � Q0fPU stic �v 4 rE OV ."0. 4 [Corporate Notary] STATE OF IDAHO ) )ss COUNTY OF ADA ) On this day personally appeared before me r,/taY R PrVk , to me known to be the cPC� of �n Qs- - - , ak art to corporation that executed the foregoing Instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said Instrument and that the seal affixed, if any, is the corporate seal of said corporation GIVEN my hand and official seal this Zsr++ day of : a 20 on (typed/printed name of notary) Notary Public in and for the State of Idaho My commission expires lal>lzaae a r- EXHIBIT" r " LEGAL DESCRIPTION PROPOSED LOT A of Binding Site Plan No BSP 97-0001 PORTION of TAX LOT No 415920-0710 All that certain real property situate in the City of Federal Way, King County, State of Washington, being a portion of that certain parcel of land described in deed recorded under King County Recording No 9806240947, (hereinafter referred to as "Winco Parcel'), in the Northeast Quarter of the Southeast Quarter of Section 19, Township 21 North, Range 4 East, Willamette Meridian, and being more particularly described as follows Commencing at the East Quarter corner of said Section 19, Thence, North 87°58'05" West 1166 05 feet, to the Northwest corner of said "Winco Parcel", being a point on the Northeasterly Right -of -Way line of S W Campus Drive as described in Deed to King County recorded under King County Recording 8501 170665, Thence, along the Northerly line of said "Winco Parcel", South 81'45'00" East 666 94 feet, to the TRUE POINT OF BEGINNING of the herein-descnbed parcel of land, THENCE, leaving said Northerly line, along the line common to proposed "Lot A" and proposed "Tract E" (Park Dedication Area) of City of Federal Way Binding Site Plan No BSP 97-0001, the following courses 11 South 31°53'59" West 84 56 feet, 2) South 87°05'00" West 28 95 feet, 3) South 02°55'00" East 150 75 feet, 4) South 00°00'00" West 151 25 feet, and, 5) South 89°59'48' West 17 82 feet, to a point on the proposed Easterly Right -of -Way line of S W Campus Drive, THENCE, along said Easterly Right -of -Way line, the following courses 11 Southeasterly 139 38 feet, along the arc of a 660 00-foot radius curve, concave Southwesterly and having a radial bearing of South 71'16'37' West, through a central angle of 12"05'58", 2) South 06°37'25" East 219 19 feet, 3) South 13°26'56" East 88 35 feet, 4) South 06°37'25' East 88 40 feet, 5) Southeasterly 188 02 feet, along the are of a 340 00-foot radius curve, concave Northeasterly, through a central angle of 31°41'07", THENCE, leaving said Easterly Right -of -Way line of S W Campus Drive, along the Northwesterly tines of proposed Lot C of said Binding Site Plan No 97-0001, the following courses 1) North 51 °41'28" East 89 46 feet, 2) North 90°00'00" East 73 14 feet, to the Southwest corner of proposed Lot D of said Binding Site Plan No 97-0001, THENCE, along the Westerly and Northerly lines of proposed Lot D, the following courses 1) North 00000'00" West 117 13 feet, 2) North 90100'00" East 39 00 feet, 3) North 00°00'00" West 92 53 feet, to Point "A", being the Northwest corner of proposed Lot D, 4) North 90100'00" East 189 88 feet, to the Westerly Right -of -Way line of i" Avenue South, as described in Deed recorded under King County Recording No 7303070524, THENCE, along said Westerly Right -of -Way line, parallel with and 42 00 feet from the centerline of 1 n Avenue South, the following courses 1) North 01 °08' 58" East 140 92 feet, 2) Northerly 186 42 feet, along the arc of a 958 00-foot radius curve, concave Westerly, through a central angle of 11*08'58", 3) North 10'00'00" West 115 01 feet, 4) Northerly 227 54 feet, along the arc of a 842 00-foot radius curve, concave Easterly, through a central angle of 15029'00", THENCE, North 84031'00" West 8 00 feet, THENCE, parallel with and 50 00 feet from the centerline of 1" Avenue South, Northerly 110 67 feet, along the arc of a 850 00-foot radius curve, concave Easterly, through a central angle of 07°27'35", to the Northerly line of said Winco Parcel, (Legal Description of Proposed Lot A continued next page) c::) r C C4 (Legal Description of Proposed Lot A of Binding Site Plan No BSP 97-0001 continued from previous page) THENCE, leaving said Westerly Right -of -Way line of 1" Avenue South, along the North line of said "Winco Parcel", North 81°45'00" West 385 70 feet, to the True Point of Beginning EXCEPTING THEREFROM, the following described Parcel of land Proposed Lot B of Binding Site Plan No BSP 97-0001 Commencing at Point "A" described above, Thence, North 90000'00" West 128 56 feet, to the TRUE POINT OF BEGINNING of Proposed Lot B, Thence, along the boundaries of said Lot B, the following courses 11 North 90100'00" West 87 00 feet, to the Northwest corner of Proposed Lot D, 2) South 00000'00" West 140.01 feet, 31 Southeasterly 91 79 feet, parallel with and 28 00 feet Northeaste►fy from the Southwesterly line of Proposed Lot A and along the arc of a 312 00-foot radius curve, concave Northeasterly and having a radial bearing of North 74"03'56" East, through a central angle of 16151'24", to the Southwest corner of Proposed Lot B, 4) North 51041'28" East 85 73 feet, to the Southeast corner of Proposed Lot B, 5) North 00100'00" West 157 18 feet, 6) North 90000'00" West 18 00 feet, 7) North 00000'00" West 13 00 feet, to the True Point of Beginning The above -described proposed Lot A contains approximately 9 250 Acres, more or less SUBJECT TO and TOGETHER WITH Easements for Roadway access and Utility services, appurtenant to said Proposed Lot A, Lot B, Lot C, & Lot D of Binding Site Plan No BSP-97-0001 P Isdskprol161271doc161271ga2 doc Mike Hotes Page 2 8/25/00 End of Description Prepared by Barghausen Consulting Engineers, Inc smartVIEW OnLine Frame contained PDF file, click here to view http://www.smartviewonline.netlsmartbind/?Orderpocument GUID=afc7c5aa-758e-41fc-9099-4b2e3688a59c [9/8/2016 2:37:52 PM] 7 � 1 f �k. ryg9 y5:gg. oi 3 —41 Q_J RINj ipg`s o�y�Y s a iy� i ; a 3Y t LU cZ o w rn iL � h '�•� ui � rn ¢ a - fn N 3 d U t t t CO O N O LLJ Lu N og a 3 z Z� 0 r t W Z x co o ch J in z Cf) IL 0l 6 o ,v_ W o Wo E- OUm"x co o E o anre0Av -- �B� - ° Z m v m m uj m E Y WI o ` z U / +I LL r z 1 fJ+ W L IA----------------- . J6� � � 0 J N �W CAM? ' & r 3 a Q :gym 3no CLLRO N z J IL as w i zA --- w Q ' �•y =N m wo Z ob9 +cam w � o_ 4r -j w smartVIEW Online Frame contained PDF file, click here to view http://www.smartviewonline.net/smartbind/?Orderpocument GUID=8ecb5109-479f-4401-b55c-d322475a9a9b [918/2016 2:37:58 PM] CN 0 0 C3 C71 car t— RETURN ADDRESS IHOP Realty Cory Attention Jess E Loma or Es 525 N Brand Blvd , Third Floor Glendale CA 91203-1903 Statutory Bargain and Sell Deed 20001129000246 $(ING COUNTY, WA E1789065 11/29/20H 09'23 KING COUNTY, WA SALE $500,000 00 PAGE 001 OF 002 /�r Reference Number(s) of related documents COM OWMWN LAND MU'' REF. VIA Grantor(s) (Last, First and Middle Initial) WInCo Foods Inc Grantee(s) (Last, First and Middle Initial) 1HOP Realty Corp .7 Additional reference #s on page ___ Additional grantors on page _ Additional grantees on page Legal Description (abbreviated form i e , lot, block, plat or section, township, range, quarter) Lot C'. of BSP 97-0001. bong a portion of NE/4 SEJ4 Section 19- R 21 N . R 4 E W M Assessor's Property Tax Parcel/Account Number 415920-0710 ortion Additional legal is on page 4 & 5 Additional parcel #s on page The Auditor/Recorder will rely on the information provided on this form The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein 2732397 1 DOC AFTER RECORDING RETURN TO IHOP Realty Corp Attention Jess E Sotomayor, Esq 525 N Brand Blvd , Third Floor Glendale, CA 91203-1903 Reference Number of Related Documents N/A Grantor(s) WINCO FOODS, INC, formerly known as Waremart, Inc Grantee(s) IHOP REALTY CORP Abbreviated Legal Description Lot C of BSP 97-0001, being a portion of NEA SE/4 Section 19, R 21 N , R 4 E,WM Additional Legal Description is on pages 4 and 5 of the Document Assessor's Property Tax Parcel or Account No 415920- 0710 (portion) Above Space RLscrved ror Recorder's Use OrOy STATUTORY BARGAIN AND SELL DEED THIS STATUTORY BARGAIN AND SELL DEED (this "Deed") is from WinCo Foods, Inc , an Idaho corporation formerly known as Waremart, Inc., ("Grantor"), whose LM address is 650 North Armstrong Place, Boise, Idaho 83704, to IHOP Realty Corp , a N Delaware corporation ("Grantee"), whose address is 525 North Brand Boulevard, Third Floor, Glendale, California 91203-1903 NOW THEREFORE, for Ten Dollars ($10) and other good and valuable ' consideration, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor hereby GRANTS, DELIVERS AND CONVEYS to Grantee all of the real property described on Exhibit "A" attached hereto, together with all of Grantor's rights, title and interest in and to all improvements thereon and all rights, privileges, hereditaments and appurtenances related or pertaining thereto (collectively, the "IHOP Property") TO HAVE AND TO HOLD the IHOP Property unto Grantee, its successors and assigns, in fee simple forever, and, subject to the provisions of this Deed, Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND the IHOP Property unto Grantee, its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof Grantor hereby covenants with Grantee that Grantor is lawfully seized in fee of the IHOP Property, that Grantor has a good right to sell and convey the same, and that the IHOP Property is unencumbered, except for the matters set forth on Exhibit "B" a 0 o-► attached hereto insofar and only to the extent the same are valid, subsisting and enforceable and apply to and cover the IHOP Property Grantor also owns, and is not hereby conveying, that certain real property described on Exhibit "C" attached hereto (the "Restricted Property") In consideration for the purchase and sale of the IHOP Property to Grantee, and the mutual agreements and covenants entered into in connection therewith, the Restricted Property shall be subject to the covenants and restrictions (collectively, the "Restrictions") set forth on Exhibit "D" attached hereto The Restrictions shall be covenants running with the land as of the recording of this Deed and shall be binding upon Grantor and all of its successors, assigns and any and all owners or users of any portion of the Restricted Property This Deed shall be binding upon and shall inure to the benefit of Grantor and Grantee and their respective successors, heirs, legal representatives and assigns EXECUTED TO BE EFFECTIVE as of the _ day of November, 2000 WINCO FOODS, INC, an Idaho corporation By Gary R va, Secretary STATE OF IDAHO ) )ss County of Ada ) On this 17rj4 day of /1.bycAWR , 2000, before the undersigned, a Notary Public, personally appeared GARY R PIVA, known or proved to me to be the Secretary of WINCO FOODS, INC , an Idaho corporation, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said corporation IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written .��fHuf4llf�� �.+�`,►.C+«A+.Noy'•.� Notary Pqblic 4�,r' aT AR '� Residing at Aez,'^r JD,0%%(-1 Comm Expires u 401 pL27323531 DQ 0 EXHIBIT "A" Lot C of City of Federal Way Binding Site plan No. 8SP 97-0001, recorded under Recording No. 20001120900005, being a portion of the northeast quarter of the southeast quarter of Section 19, Township 21 North, Mange 4 Fast, W.M., in King County, Washington, being more particularly described as follows; Commencing at the east quarter corner of said Section 19; thence along the east line of the southeast quarter of said Section 19, south 01008,581, west 1249.64 feet, to a point on the centerline of 1st Avenue South,isaid point being north 01008158" east 68.50 feet from the intersection of 1st Avenue South and Southwest Campus Drive); thence north 8805212511 west 42.00 feet, to the westerly right-of-way line of 1st Avenue South, being the True Point of Beginning; thence, along said westerly right-of-way line, parallel with and 42.00 feet westerly from the centerline of 1st Avenue South, north 0100815811 east 150.16 feet, to the northeast corner of said Lot C; thence leaving said westerly right-of-way line, along the north lime of said Lot C the following courses; thence south 90000,001, west 88.15 feet; thence north 00000100" east 25.72 feet; thence south 90°d00100" west 209.14 feet, to the northwest corner of Lot C; thence south 51041'28" west 89.46 feet, to the northeasterly right-of-way line of Southwest Campus Drive; thence along said northeasterly right-of-way line to following courses; thence southeasterly 236.03 feet, along the arc of a 340.00-foot radius curve, concave northeaster) and having a radial bearing of north 51114112811 east, through a central angle of 39046`29"; thence south 78005/011/ east 107.80 feet; thence south 88052125" east 38.94 feet; thence northeasterly 39.26 feet, along the arc of a 25.00 foot radius curve, concave northwesterly, through a central angle of 8905813711, to the True Point of Beginning. a C7 hl