08-102558CITY OF
�- Federal
July 11, 2008
John Troupe
Emerald Properties
10005 24`h Street East
Edgewood, WA 98372
�1FILE
CITY HALL
Wa33325
y
8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www. cityoffederal way. com
RE: FILE #08-102558-00-AD; RESPONSE TO INQUIRY
Roesch Short Plat NGPE Encroachment, King County Parcel 332204-9212, Federal Way
Dear Mr. Troupe:
The City's Department of Community Development Services is in receipt of your request to encroach into
a Native Growth Protection Easement (NGPE) established in the abutting Imperial Manor subdivision. In
your inquiry, you have stated the encroachment is needed for a utility easement that will serve the
proposed Roesch Military Short Plat, which is currently undergoing technical evaluation by the City's
Development Review Committee (DRC). According to King County Assessor's records, a utility
easement, 10 feet in width, has been recorded with the King County Division of Elections and Records.
This 10-foot utility easement has been established in Lot 8 of Imperial Manor and is within an NGPE
area.
The Imperial Manor subdivision was originally reviewed and subsequently approved under the
jurisdiction of King County on January 21, 1987. Specific language on the recorded plat document states:
No structures, filling, grading or obstructions (including but not limited to decks, patios,
outbuilding or overhangs) shall be permitted beyond the building setback line or within the
drainage and/or Native Growth Protection Easements (N.G.P.E) thus determined, unless
otherwise approved by King County Dept. of Public Works (P. W.) and B.A.L.D. [Building
and Land Use Department]. In addition construction of fencing shall not be permitted within
the drainage and/or N.G.P.E nor shall clearing or removal of trees or vegetation be permitted
herein, unless trees or vegetation represent(s) a threat to life or property due to decay or other
natural causes, or unless otherwise approved by King County B.A.L.D. and P.W.
As the City of Federal Way has since incorporated, the City takes all jurisdictional authority concerning
the Imperial Manor subdivision and the NGPE area. Your request implies that the utility easement
encroachment into the NGPE area is the only viable option to connect to Lakehaven Utility District's
facilities. A facilities map provided by Lakehaven Utility District during the preapplication process
verifies this to be the case.
The applicant's request to encroach into the NGPE area can be approved as part of the preliminary short
plat approval process subject to the conditions noted below.
Mr. Troupe
July 11, 2008
Page 2
CONDITIONS
Slopes on the Roesch property and Lot 8 of Imperial Manor are in excess of 15 percent and may
constitute a landslide hazard area. Prior to short plat approval, a geotechnical report prepared by a
qualified professional engineer licensed in the state shall determine whether Lot 8 and portions of
the Roesch property meet the criteria of landslide hazard area as defined in FWCC 22-1
Geologically hazardous area (2) Landslide hazard areas. The geotechnical report must contain
items listed in the enclosed FWCC 22-1286(c)(1) soils report requirements.
2. In addition to existing vegetation on the Roesch property, the landscape plan to be submitted with
the short plat application shall detail vegetation on Lot 8 of Imperial Manor.
3. All expected grading, filling, and vegetation removal for utility installation shall be shown on the
landscape plan.
4. All vegetation removed for utility improvements shall be replaced in accordance with the easement
#20080107000995 as recorded by the King County Division of Election and Records and in
accordance with all applicable sections of Federal Way City Code, including but not limited to,
Section 22-1568 `Significant Trees.'
If you have any questions regarding this letter or your development project, please contact Associate
Planner Matthew Herrera at 253-835-2638 or matt.herrera@cityoffederalway.com.
Sincerely,
,Z& ��
Greg Fewins, Director
Department of Community Development Services
enc_ FWCC 22-1 'Geologically Hazardous Areas'
FWCC 22-1286 'Geologically Hazardous Areas Development'
c: Kevin Peterson, Engineering Plans Reviewer
Michael Roesch, 12321 27`h Street East, Edgewood, WA 98372
Ben Smith, Sadler/Barnard & Associates, 717 West Stewart, Puyallup, WA 98371
Reza Golampor, 7702 36`h Avenue NE, Seattle, WA 98115
08-102558 Doc f D 46044
RECEIVED
May 21, 2008 MAY 2 2 ZOOS
CITY OF FEDERAL ►NAy
Dear Mr. Fewins CDS
I am writing this letter on behalf of my client Michael Reosch, regarding the Notice of
Native Growth Protection Easement (NGPE) on the Imperial Manor subdivision,
Recording # 8701210964.
Mr. Roesch is in the process of a Short Plat File # 08-100243-00-EN
Mr. Roesch is requesting an Administrative Decision (AD) to allow utilities to be
connected the Lakehaven Utility District within the Imperial Manor subdivision.
A 10 foot Utility easement has been recorded for the utilities under recording
# 20080107000995.
This Utility Easement is the only viable access that would make this Short Plat feasible.
The NGPE that appears on the Imperial Manor plat is maintained by the property
owner Mr. Charles Brown and the entire area is grass and does not appear to have any Native
growth, also the NGPE is not a separate parcel (attached tax record).
We hope the above information will allow you to make an AD in our favor so the
utilities can be installed as indicated on the Short Plat drawings.
If you have any further questions or comments please feel free to call me at 253-332-
5600 or E-mail at johntroupe@msn.com.
Best Re �ds
/me6rald
ZTroup
P p4erties
20
return Address:
20080107000995
j SALDL-EMARNARD EAS 48.00
PAG1601 OP 005
0110G7/2Ua OS %4:15
KIN CO Nry, WA
'RECORDER'S Cover Sheet
Please rio tI or tyjis informs log nLAS)IJIINGTON�SWE, fPCW 65.W
Document Tioqs) (0r*SOaor�t';Ontiiived thCrOn).-(311.;9zas applicable to your document must be filled in)
3.
-'W A.
Reference Number(s) of Docul�ents.-`Rssijned G.r released:
Additional reference Ws on page j of daciimene
7:
7
Grautar(s�,`(Last name, first name, initials)
§
I. L . . . . . . . . . . . . . . . . . . ................................... . . . ..
..........
2. v
Additiopa names `dot page, of document. w.
7'
Graktee(4) (Last name first then first name and initials)
ie t4
2.
Additional names ozi poge of document.
Legal d&Wlptioj (abiievi a('ed. f.c. .1164 block,''p!at or section, township, range)
—17 L•
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Additional legal is on page :Lj
Assessor's Property Tax Par6tMccoqjit Num er :F ❑ Assessor Tax # not yet
assigned
X
The Auditor/Recorder will rely on the infarnvit—ion�ovicf��don the 7form. �..The s('W wjAnot read the document to
verify the accuracy or completeness of the indexing infbninatioti , pr&idedbereh . i.
I am requesting an emergency nonstandard recording FO'i additiouii fqe--- -6 vided in 1Zcw-
36.18.010. 1 understand that the recording processing rcquire:Mnts'may cover Up. of--.qoerOise
e 0
some art of the text of the original document.
Signature of Ri4iU
eft'
9
X
.s'
Whea recorded return to: � r
Sad,lei r/Rirtiard fad l sso�-` hC. ti •> y " :'
711 west s'te%"rt
PuyaT-1tsp. kiVA.` $371
r` ti
1"
r
UTILIR'T?Y EA5E VIENT
For valuable ort$iderat'i
on. -tile Feceji t PIMilch is here"y' cknowledged. Charles
and .Ivan Brown as owner of.i_:ot t�. Plat at°lra�perial Manor as,Z.
recorded in Volume 136 of
plats. Pages 22 and 23. records of thiKii g � oun(y �udaor, (Qrantor) does hereby grant
and convey to the Grantee. MiAae}-`Roesck as;Pwrie'r- f"the fol#¢wing; described property:
THAT PORTION OF THE SOUTHWFS7'.
QUA R'1'FR,:OFGOV�;I��ME7+iT LE�T 2
LAYING WEISTERLY OF INTERSTATE"RIGIiV�i1Y 5.4", s -,-"'f 3 , Tpi]VI``iSHIP
22 NORTH, RANGE 4 EAST. W.M. IN KING 60" LlN" TY.
F XC EPT.TNAT PORTION TFlERI OI• CO NV .YED-.T' TkE::S"Ii�rE 0`F
%I ASHINGTON BY DEED RECORDER UNDER RFC0I�DINt3`F ULJMBI^R 4486688
AI&-D I<XCFPT T0A'I- PORTION TI IERE 0 F C, ON. VEYE6T--,0..X-ING COUNTY BY
JFFI.) RE OROEI,),-1r1.-N_DER P,EC ORDING NLJMNBF.R 850509A97`
his successor
IS a#id a�.signs. the right. privilt:ge and authority to improve, rep air and
rnaititain pr4at� uti ilic,' actc)ssover. under and upon that portion of land described in
Exhihit A.
The Gralator(s);frail hake fi v use of tlfe land occupied by said Easement except
that no building (� ruler s€rucllIres sliail tke coiistro'e4ed over said Easement.
'The Grantee shall liave fulIrbnre-strktc:d:bse,,6f the 'tand for any and a1I Utilities
After any construction. improa•'etneitt and:'iepairs.have be�Rmpde by the
Grantec(s). the Grantee1, —
s) shall bear the c ofr� storin#"thyground su.ffacc to its original
condition.
Page I of Roesch Fasemeiii
i
s'
ti
I 14FNESS WHEREOF, the said Grantor has executed this instrui-nent this
:day of ,2006
- .trharies Brown an Brown
"Grantor: r' 'raptor
" Z-1
i c ael Rde h
Grantee
STATE OF WASHING #'ON r _
COUNTY OF
On this day of n 00hefote r'e persohally appehr!pd
Charki IR n to me known to be the ind'. ideal di clriheci`in a d,yrhe executec'tFc '
withiiY'and foregoing instrument. and acknowl -ed that hi sigl7td;•t•he..sam0 as.;-IlisAree and
voluntary -act anddeed. for the uses and purposes th eJ'ntnq%on
GIVEN >E D- ER_n��• hand and Official seal this �� 7
NOTARY PU ,IC, in an -fp the State ofLIE
STATE OF W�
COUNTY OF
On this /# " day Qk..
.loan )grown to pie known t0
and foregoing instrument. and
voluntary act and deed. for the
GIVEN UNDER my hand an
2006.
t Washington, residing at ec
My Commission expires
;e
d
2.0'0$K b6R)re me personally appeared
e tfKe individd l.'deseribed iri nd` rho executed the within
acknoiyledge Atha#:'site sigrae�l the sne.,as her free and
uses aiid purposed thereii mc' tioned.
Official scai. the =�- day* of ' �
i�►� �+ }=' = NOTARY PC�`BL C f
• o Nt,"'' :�� ► k , i and �'or"t}ie Sty# of
'" Washington, residl- t '
,• !': My Commission expires I• =.r�-
K.
Page 2 of 4
F W11g
�n
EXHIBIT A
IN WIDTH THE FASTLINE OF WHICH IS
A"STRIP. OF LAND 10 FEE]
Br--D AS FOLLOWS,
1BEGINNING AT THE NORTHWESTERN CORNER OF LOT 7 OF THE PLAT OF
I NVEMA U'MANOR AS RECORDED IN VOLUME 136 OF PLATS. PAGES 22 AND
R,8CO`k0S OF Tfl--E KING"MYNTY AUDITOR; THENCE NORTH 01 "36'29"
EAST, 0'2"6 FFFT TO TIFF NOR-ri I LINE OF LOT 8 OF SAID PLAT AND THE
TEKMI-Ne S OF 1-fi Is.,LIN E.
j
A,
Page 4 of 4 Roesch Easement
I
.STATE OF WASHtNGTON
600
-9F
day of A"" 200Z, before me personally appeared
Nfichiel Roe to h tc known .1a,bq the individual described in and who executed the
Mthi-h and --florepwg irTsirt4pi6il. aw acknowledged that he signed the same as his free and
.:Vol taDict did iiie uQ*% and..
Un ed?: ptu.poses thereipmentiIoned.
GIVEN UNIYEK4nyfiaM and 4tficl SI'Ns Z �ew 9,�O 07
day of
0 % -NOTARY PI
IC. in and for the Scx: at t to of
in, ..
asR at
S ezft W" on. residin
§
My
1.
Page 3 :1 M'4 Roesch Easemem
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