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09-104380
CITY OF �- Federal Way February 23, 2010 Brigid Dean WashingtazI State Department of Transportation 40I 2"d Avenue South, Suite 400 Seattle, WA 98104 CITY HALL I=iLE 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98083-9718 (253) 835-700Q www. citYoffederalway.. com Einad to eleeinb@wsdot.lva.gov i1055 a aoi, canr RE: File #09-104380-00-UP; WSDOT T RLGLEInterstate 5/State Route IS/State Rouute 161 Interchange, T,Fz�`�REVIE ��'LETTER#2 Federal Way Dear Ms. Dean: The city's Development Review Committee (DRC) is currently reviewing the Process Use application for the proposed WSDOT Triangle project. Site improvements include grading activities associated with construcfion of Interstate S'te'mhan e i IV Master Land Way city limits. CYitical area ' clearing and impacts include stream relocation, stream culverts.,vevstream buffer intrusion, within Federal wetland buffer intrusion, and offsite wetland compensatory mitigation. The application complete December 17, 2009. was deemed TEcmMCAL COnu IEN-rs Unless otherwise noted, the addressed prior to schedulinfollowing comments provided by DRC staff reviewin our g a public hearing. Please direct questions regarding g Y an of the must be comments to the appropriate staff representative. Y he technical Matthew Herrera, Planning Division, 253-835-2638 and matt.he� rera rQci offeder E"ironnie"tal Review —,Me following items from the city's Critical Areas Ordinance be located in the Draft Stream Mitigation Plan or Draft Wetland Miti tY alAO) com BergerlAbazn elated Februaryprepared by could not 2009. Please provide a response to each item below. repared by 1 Stream relocation criteria requires the creation of a south or west bank. Page 33 of the stream mitigation plan mentions it, but provides no other narrow subchannel, where feasible, against the Please provide a drawing and/or location of the subchannel. details. 2• Stream relocation criteria requires a proposed phasing plan specifying time of ear f phases. Please provide a response. Y or all project 3. Stream relocation criteria states the amount of flow and velocity of the stream nna n or decreased as the stream enters or leaves the subject property. Please provide a response. y of be increased 4• The culvert must be designed and installed to allow passage of fish inhabitingor using Although fish do not currently inhabit the stream, would this culvert be fish passable for lsmg the stream, re. 5• The culvert must be large enough to accommodate a 100-year storm Provide ion that tshy culverts and extensions will accommodate a 100- documentation that year storm. Ms. Dean February 23, 2010 Page 2 free of ebris d sediment licant shall, at all times, keep all culverts on the subject Do s property have rdeguiar amain maintenance 6. The app hcable, fish. so as to allow free passage of water and, if app crews in charge of keeping culverts clear? lain how the culvert 7. Stream culverting requires that no signifi ant saw at f cant habitat areas.area will be oyed. -lain extensions and new culvert will not harm y g. When (month/year) will the wetland mitigation construction begin? coon easements for Constriection Easements — Please provide the city with copies of temporary constru liTnits. proposed stream and wetland activities on private Property within city copies of the above- ase P the with two additional P Examiner Additional Mitigati°n Plan Copies 1aPneand draftiwetland mitigation plan for the city's Hearing referenced draft stream mitigation p and City Clerk. Dower, Development Services Division, ease find the enclosed plan 2732 and review comments provided by Ann lease fin rn addition to Ms. DoWers en ufa e �Vater Management Division. the Public Works Dep grading, erosion 1. Plans and Supporting calculations and/or analysis are required for any clearing, control, or drainage revisions outside W SDOT right -of --way. d maintain sedimentation basins on both the north and south t sidescatch basins ediately 2. Provide an east of SR161/16'h Avenue South, upstream of existing westernmost the Ecology Embankment ditch along the south side of SR18, near the westerly terminus 3. Verify that ows. These flows would originate with SR161, is designed to accommodate upstrea eftof SR18, east of the EB SR S-to-SBI 5t tile existing dg}itlined drainage along the south shawl onramp. the parcel Either provide a copy of the recorded drainage easement aOmo de outfalll into the er texisting storm Eith westerly terminus with SR161, or revise the ditch design P without an easement are not system. Note that concentration of flows and outfall to private property allowed 5. Provide a copy of WSDOT maintenance requirements for Media Filter Drain (EE Ditch). APPLICATION STATUS lotions, city departments and the F W RC development reguu ectively, on the Process IV Pursuant to Fe[Ieral hay Revised Code ( } Hearing Examiner are allotted 120 days to review and Provide a decision, r P provide additional period in which the applicant has been requested to correct plans or application. Any P eriod , As of today, the review period h information is excluded as stopped with AQ days from the 1 n0-day p requested/corrected- used. used. The review period will begin within l4 days of a resdEbnytt� of items req CLOSING lease rovide four copies of any reports and six copies of any When resubmitting requested information, p P ply, in addition to the resubmittal form Doc I D 51w1 09-I04390 Ms. Dean February 23, 2010 Page 3 Pursuant to PWRC I9.I5.050, if an applicant faits to provide additional information to the Ci witlri I Sd days of being notified that such informm nation is requested, the application shall be deemed null and void and the City shall have no duty to process, review, or issue any decisions with respect to srrch an application. If you have any quwions regarding this letter or your development project, lease contact meat 253-835- 2638, or matt.herrera@cityoffederalway.con p Sincerely, Matthew Herrera Associate Planner enc: ResuhmitW Information Form SWM GIs Map c. Fedway Marketplace EaSf, LLC> c/o Michael 1013n Klein, 5743 Ann Dower, Seluor Engineering Plans Reviewer Corsa Avenue, Suite 216, Westlake Village, CA 91362 Jeff WoI1 S WiN4 Engineer 09-104380 Doc. 1 D. 53042 CITY OF Federal December 17, 2009 F I I F: CITY HALL a� 33325 8th Avenue South � Y Mailing Address: PO Box 9718 Federal Way, WA 98063_971 g (253) 835-70Do www.cityoffederalway.com Brigid Dean Washington State Department Transportation Email to deanb@wsdot.wa.gov 401 2"d Avenue South,Suite 400 Seattle, WA 98104 RE: File #09-104380-00-Up; WSDOT TRIANGLE PROTECT Interstate 5/State Route 18/State Route 161 Interchange, Federal Way Dear Ms. Dean: The City of Federal Way's Department of Community Development Services is in receipt of the above - referenced Process N Master Land Use application. d Proposeconstruction includes clearing and grading activities associated with construction of Interstate 5 Proposedinterchange i limits. Critical area impacts include stream relocation, stream lvea�-tsrs Cream buffer. intrust n, wetland ements within Federal Way city buffer intrusion, and a n re wetland compensatory mitigation. Pursuant to Federal Way Revised Code (FWRC) 19.15.45, upon receipt of an application, the city has 28 days to determine whether all information and documentation required for a complete application has been submitted. NOTICE OF COMPLETE APPLICATION Please consider this correspondence as a Letter of Complete Application. The application is deemed complete as of December 17, 2009, based on a review of your submittal relative to those requirements as t. The city has 120 days front the date that an set out in the Development Requirements checklist application is deemed complete to take action on the application. However, the 120d stopped at any tithe that the City requests additional information. you will be inforay time line can be med of the status of the 120-day time line when you are notified in writing that additional information is needed. Pursuant to FWRC guidelines, a Notice of Application will be published in the Federal Way Mirror on Saturday, December 19, 2009, and other public notice will be given based on city procedures. The department has the responsibility to notify other agencies that may have jurisdiction over your development project or an interest in it. The public will be notified of the complete application pursuant to the procedural requirements of FWRC 19:70.060. The a licant is res ansible for installation of two on -site notice boards; one in the vicini of the 1-5 Interchan a ro'ect area and one on the wetland mitt ation site at 933 South 364h Street. These signs roust be installed on or before December 31, 2009. The city will prepare the four -foot by four -foot notice boards, which will be available for pickup by 4.00 PM, Tuesday, December 22, 2009. An $80.00 fee is due at the time the notice boards are picked the applicant as required to sign and return to the City�. Following installation of the notice boards, (enclosed). Please refer to the enclosed public notice olt handon five ut for inys a stallation instructions. cote The applicant is responsible for removal of the Public Notice Board, which shall occur within seven calendar days following the Hearing Examiner's final decision. r; Ms. Dean December 17, 2009 Page 2 CLOSING you have any Please provide five copies of requested plaswith project, please contact Me t 253-935-2639, or questions regarding this letter or your development roatt.herrera@cityoffederalway. c om. • Matthew Herrera Associate Planner enc. Resubmittal Information Sip Installation Handout Ann Dower, Senior Engineering Plans Exam'ner Doc. I D. 52397 o9-104380 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT COnECOVED� BY P�iMl;�1t1'� DEUEl.C1Fr�E{,r I I7i�f�pR� DEC 2 8' 2009 DEC 1 6 200 Federal Way WETLANDS CONSULTANT AUTHORIZATION FORM Date: December.7, 2009 Department: Community Development Services 33325 8`h Avenue South Federal Way, WA 98063-9718 Consultant: Liazie Zemke, ESA Adolfson 5309 Shilshole avenue NW, Suite 200 Seattle, WA 98107 Project: Triangle Project File No.: 09-104380-00-UP Project Proponent: WSDOT, Brigid Dean 401 2" Ave S_, Suite 300, Seattle, WA 98104 Staff Contact: Matthew Herrera, Associate Planner, 253-835-2638 Documents Provided: Wetland Mitigation Plan Feb. 2009 Stream Mitigation Plan Feb. 2009 Wetland Biology Report Oct. 2006 Task Scope: Review of environmental documents to determine whether analysis and Proposed action is adequate to meet minimum critical areas regulation Prescribed in Fede,-al Way Revised Code. Review includes delineations, impacts assessment and proposed Mitigation. • Two hours of document review • 1.5 days of onsite field work w/ two biologists • 10 hours for written response Task Cost: Not to exceed 3 500.00 without a prior written amendment to this Task Authorization. Project Applicant i 2'Lt � Date J21Q M Date Doc. I.D. 52318 CITY OF 1A Federal Way ELBy COMMUNITY DEVELOPMENT DEPART'MEIa DEC 16 2009 WETLANDS CONSULTANT AUTHORIZATION FORM Date: December 7, 2009 Department: Community Development Services 33325 8`h Avenue South Federal Way, WA 98063-9718 Consultant: Lizzie Zemke, ESA Adolfson 5309 Shilsbole Avenue NW, Suite 200 Seattle, WA 99107 Project: Triangle Project File No.: 09-104380-00-UP Project Proponent: WSDOT, Brigid Dean 401 2"d Ave S., Suite 300, Seattle, WA 98104 Staff Contact: Matthew Herrera, Associate Planner, 253-835-2638 Documents Provided: Wetland Mitigation Plan Feb. 2009 Stream Mitigation Plan Feb. 2009 Wetland Biology Report Oct. 2006 Task Scope: Review of environmental documents to determine whether analysis and proposed action is adequate to meet minimum critical areas regulation prescribed in Federal Way Revised Code. Review includes delineations, impacts assessment and proposed mitigation. • Two hours of document review • 1.5 days of onsite field work wI two biologists • 10 hours for written response Task Cost: w _ Not to exceed 3 500.00 without a prior written amendment to this Task Authorization. Wetlands Consultant Prnia,t -0.,.,7 2" I i 2"P-o Date Date �� ��V)I 11 M Date Doc. I.D. 52318 CITY OF FEDERAL WAY NOTICE OF MASTER LAND USE APPLICATION. Project Name: Washington State Department of ,Transportation (WSDOT) Triangle Project Project Description: Clearing, grading, and mitigation of stream and wetland impacts associated with WSDOTs replacement of the 1-5 and SR 18 interchange cloverleaf ramps and new direct connection from westbound SR 18 to SR 161 in the vicinity of South 3591h Sheet. Wetland Compensatory mitigation site is located at 933 South 364th Street. Applicant: Brigid Dean, WSDOT, 401 2nd Avenue South, Suite 300, Seattle, WA 98104 Project Zonation: Interstate 5 and State Rou le 18 Interchange. Compensatory wetland mitigation site is located at 933 South 364th Street, Date Application Received: December 1, 2009 Date Determined Complete: December 17 2009 Date of Notice of Application: December 19, 2009 Requested Decision and Other Permits Included with this Application: Applicant requests a Process IV 'Hearing Examiner' decision (File #09-104380-UP) land use decision pursuant to Federat Way Revised Code (FWRC) Chapter 19.70, WSDOT issued an Environmental I Determination of Nonsignificance (DNS) I pursuant to State EnWonmental taolicy Act procedures May 11. 20OZ Existing Environmental Documents; Environmental Checklist; DNS; Wetland Mitigation Plan; Stream Mitigation Plan; Wetland Biology Report; and Welland Summary Report. Development Regulations to Be Used for Project Review Known at this Time: FWRC Title 14, 'Environmental Policy'; Title 16, 'Surface Water Management; and Tale 19, 'Zoning and Development Code' Public Comments: The initial notice period ends January 4, 2010, but any person may submit written comments to the Hearing Examiner by delivering these comments to the Department of Community Development Services prior to the public hearing date or by giving these directly, to the Hearing Examiner at the public hearing. Only those persons who submit written comments to the Hearing Examiner, or specifically request a copy of the decision, may appeal the Process IV, Hearing Examiner's Decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availabiiityof Fileand Environmental Documents: The official project file and referenced environmental documents are available for public review during normal business hours at the Department of Community Development Services, 33325 81h Avenue South, Federal Way, WA 98063-9718, Staff Contact: - Matthew Herrera, Associate Planner, 253-835-2638 FW 1622 Date of Publication: December 19, 2009. FEDERAL WAY -- OR ,)J IR� A SOUND PUBLISEIING NEWSPAPER Affidavit of Publication Rudi Alcott, being first duly sworn on oath, anedeposes s apes That sad newspaper is that he is the spubl shed in ublisher of The Federal Way Mirror, a semi -weekly p Kin the English language continually as a semi -weekly newspaper to Federal Way, g County, Washington, and is now and during all of said time has been printed in are office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way — Community Development Department newspaper as it was published in regular of issues one consecutive week(s), commencing on the once each week fora p the 19 h day es of December 2009 ,and endt ibutedntaits readers d uintg allof inclusive, and that such newspaper as regularly said period. That the full amount of the fee charged for the foregoing publication is the sum of $136.99, which amount has been paid in frill, or billed at the legal rate according to RCW 65.16.090. Subscribed to and sworn before me this 291h day of_December, 2009. Notary Public in and for the State of Washington, Residing at Federal Way NOTARY PUBLIC STATE OF WASHINGTON TERYL A. HELLER My Appointment Expires Sept. 04, 2012 1414 S. 324th STHIT, SUITE B210, F[HRAL WAY, WA 98003 ■ 253-925-5565 ■ f A X: 253-925-5750 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DATE: December 9, 2009 TO: Ann Dower, Senior Engineering Plans Examiner • Development Services • Traffic Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM: Matt Herrera FOR DRCMTG. ON. December 17, 2009 —internal Completeness FILE NUMBER(s): ............................................ 09-104380-00-UP RELATED FILE NOS.: None PROJECTNAME: WSDOT TRIANGLE PROJECT PROJECTADDRESS: 35100 ENCHANTED PKWY S ZONING DISTRICT.- CE PROJECTDESCRIPTION: Critical area review for a proposed road improvement project. LAND USE PERMITS: Process IV Hearing Examiner Decision PROJECT CONTACT. WASHINGTON STATE DOT 401 SECONDAVENWSuite400 MATERIALS SUBMITTED: L MLU 2. Narrative 3. Assessor Map 4. Aerial Photo 5. Vicinity Map 6. Title Reports 7. Wetland Mitigation Plan 8. Wetland/BioIogy Report 9. Stream Mitigation Plan 10. Wetland Summary Report 11. ROW and outside ROW plan set 12. SEPA checklist w/ DNS 13. Mailing envelopes w/ list of addresses to all property owners within 300-feet AM, CPosh1r9gton Sfatf? Alaskan Way Viaduct & Seawall aepar trnen# of Transportation Replacement Program Paula J. Hammond, P.E. a e ® 999 Third Avenue, #2424, MS NB82-230 Secretary of TranRECE flipsportation Seattle, WA 98104-4019 206-267-6840 / Fax 206-382-5291 November 25, 2009 DEC 01 2009 TTY: 1-800-833-6388 wwwmsdot.wa.gov CITY OF FEDERAL WAY Joanne Long -Woods, Senior Planner C®S City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 RE: Folder #09-10077 1 -00-AD; Request for Critical Areas Review for WSDOT's Triangle Project (I-5 — SR 161/SR 18 Interchange Improvements) Dear Ms. Long -Woods, Attached is the complete application for Process IV review for the Triangle Project. Per your Ietter dated April 27, 2009 and our subsequent email and phone correspondence regarding submittal requirements, the following materials are included with this application: 1. Master Land Use application (8 copies) 2. Application fee of $3941.50 submitted previously under separate cover 3.. Project narrative 4. King County assessor's parcel map, identifying the properties within 300 feet of the boundary of the proposed project (I copy) 5. Vicinity map (8 copies) 6. Two copies of Right of Way (ROW) plans and 2 copies of title reports for work outside WSDOT ROW 7. Drawings: 6 copies of blown up drawings of work area outside WSDOT ROW, and 6 complete sets of JARPA drawings 8. Aerial photograph of project area 9. 8 copies signed and dated SEPA checklist and DNS 10. List of addresses of all property owners within 300 feet of the boundary of the proposed project 11. Two sets of stamped envelopes addressed to all property owners within 300 feet of the boundary of the proposed project, with City of Federal Way return address If you have any questions, please contact Brigid Dean at (206)716-1137 or deanb@wsdot.wa.gov. Sincerely, M/A A V�A Y r-i;V Allison Hanson Director of Environmental Services for Mega -Projects, WSDOT Ly— uj 4tAE C E I V E D MASTER LAND USE APPLICATION LIGATION DEPARTMENT OF COMARIMW DEVELOP%1mTSr1tV1(%S CITY OF DEC 01 2009 33325 8"' Avenue South FederalWa 'ITY GF FEDERAL WAY PO9718 Fedcrtl Way WA 480(?63G3-971$ CDS 253-835-2607: Fax 253-835-2609 C J" ! , �C� ' �'� www.rit fted4ralK'a .com APPLICATION NO(s) Date TfEWR Project Name I-5/SR 16IICR lit F-do- Property Address/Location Vicinit of intersection of 1-5 and SR 18. Parcel Number(s) WSDOT ROW Project Description: This project will rebuild the 1-5 & SR 18 interchange by eastbound to northbound cloverleaf ramps with replacing the westbound to southbound and eastbound to southbound ramps, and will include "flyover" ramps. The project will also rebuild the westbound to northbound and a southbound 1-5 collector -distributor connecting to SR 161 at S. 356th St. and S. 359th St. The project will modify the storm drainage system to provide treatment to the new paved surfaces. The project will construct two noise walls along 1-5 near SR 161. The project will mitigate for stream and wetland impacts associated with the Project. The project will replace all sign bridge structures on 1-5 and SR 18 within the project limits. In addition, a new weigh -in - motion (W IM) scale will be installed on the westbound to southbound flyover ramp to supplement the existing southbound 1- WIM scale. This project will install ramp meters at the onramps from eastbound SR 18 to 1-5 northbound and southbound. 11 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 I1 I'Site Plan Review) Process III (Project Approval) CAO _X— 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 : WSDOT ROW. Adjacent City of Federal Way zoning includes: Commercial Enterprise (CE). Corporate Part: 1 &2 (CP I, CP2), and Office Park 1&2 (OP1, Op2). The Corrington mitigation site is zoned RS 35 (residential-35,000 sf). Trans ortation Comprehensive Plan Designation Value of Existing Irnpro►�ements $240 000.000. Value of Proposed Improvements Imentationcrl BIriletilIg Code IIBC): Occupancy Type Construeiion Type Applicant Name: WSDOT/ Attention: Allison Hanson Address: 401 Second Avenue S.. Suite 300 City/Stale: Seattle WA Zip: 98104 Phone: (206) 382-5279 Fax: (206) 716-1101 Email: haa@y,s wa.gov Signature:m s n ," A ,t { 1 , Agent (if different than Applicant) Name: Project CONTACT Brigid Dean Address: 401 Second Avenue S., Suite 300 City/State: Seattle WA Zip: 98104 Phone: (206) 716-1137 Fax: (206) 716-1101 Email: deanb@wsdot.wa.gov Signature: contact person only Owner Name: WSDOT - same as Applicant above Address: City/State: Zip: Phone: Fax: Email: Signature: Page I of 1 k*Wandout-iWaster Land Use Application Adft W. Washington State department of Transportation Paula Hammond Secretary of Transportation January 25, 2010 Mr. Mathew Herrera, Associate Planner City of Federal Way, City Hall P.O. Box 9718 Federal Way, WA 98063-9718 ?�orthwW Washington mision ESO MegaprojLcjs (AWV, SR 520) M Third Avenue, Suite 2424. MS N882-230 Seattle, WA 98104-4019 206-267-6840I fax 206-3a2-s291 T7Y: 1-8DO-833-6388 www.wsdot.wa.gov RESUBMITTED JAN 2 6 2010 CITY OF FEDERAL WAY BUILDING DEPT. RE: File #09-104380-00-UP; WSDOT response to Federal Way Technical Comment Letter dat 01/08/10. Triangle Project (I-5 — SR 161/SR 18 Interchange Improvements) ed Dear Mr. Herrera: Enclosed are the clearing and grading materials requested in your letter dated 01/08/10: I. Grading plan, Plan Sheets GR I -GR 13, showing: identification of existing slope. 2. Grading plan, Plan Sheets GR 1-GR 13, showing: identification of proposed grades. 3. Site Preparation plan, Plan Sheets SPI-SP16, showing: designation of aII wetlands and streams that are within 200 feet of any area to be disturbed by the proposed clearing and/or grading action 4. TESC Plan, Plan Sheets, EC 1, ECA 1-ECA 12, ECB 1-ECB 16, ECC 1-ECC5, ECD 1-ECD6 showing location and description of proposed erosion — control devices and structures We have addressed Ann Dower's comments below: Ann Dower commented; "The city's SWM division has had to perform routine maintenance of WSDOT drainage facilities within limited access ROW to reduce the excessive amount sediment entering our SR161 system. This is due to a combination of the fallowing. of a. Inadequate sweeping of roadway debris and winter sand along SR18 east of SR161; b. A lack of drainage system maintenance on SR18 (inadequate CB sump vectoring and/or ditch cleaning); and c. A lack of adequate sedimentation facilities upstrea and south sides of SRI8 m of the autfalls to SR161 on the north and sedimentation Staf,�'is concerned that both temporary and permanent erosion Staff be adequately maintained.,, WSDOT response: Thank you for bringing to our attention these City of Federal Way SWM concerns regarding routine maintenance of WSDOT drainage facilities within limited access ROW. We have shared your concerns with the WSDOT Maintenance Office and they will maintain the area with attention to the problems that you raised. Furthermore, if the city notices Problems in this area in the future they should contact our Maintenance staff directly: Jerry Althauser, 253-372-3901. y 2. Ann Dower commented: "The proposed Ecology Embankment (WQ Ditch) along the south side of SR-18 is located on a steep side hill with high potential for unwanted infiltration andlor overflow into the adjacent commercial developments. In one area, an existing retaining wall down slope of the ditch could be compromised. Eased on existing clogged ditches and i es i the vicinity, staff is concerned that future WSDQT maintenance of this drainage system right not be adequate, thereby increasing the potential of Overflow onto the adjacent ditch should be piped in this area to eliminate impact on neighboring commercial property. The properties." WSDQT response (see also attached plan sheets: Drainage Plan D9, X-Sections, and TDA Basin 0: The media filter drain, formerly called ecology embankment, was proposed along the south side of SR 18 and WS_01 shoulder because the grades and right-of-way allowed the use of this BMP. The current design (100% submittal design) of the media filter drain along the SR 18 and WS-0l shoulder is to allow runoff to sheet flow down the media filter drain just like existing conditions, see attached plan sheets (Drainage Platt D9 and X-Sections). As shown on the plans, there is a ditch in some areas that conveys any excess runoff that doesn't infiltrate through the media filter drain. This ditch currently ends at WS-01 29+06.9 and the stormwater would disperse at the end of the ditch. The Triangle project improvements will add 5,145 square feet (0.1 19 acres) of net -new impervious surface that drains towards the SR 161 /SR 18 intersection, see attached plan sheet (TDA Basin 1). The WSDQT Highway Runoff Manual and the Washington State Department of Ecology (DOE) state that if the flows within a TDA increase less than 0.I efs then no flow control is required. WSDOT and DOE have set an area threshold of 10,000 square feet or less where flows will not surpass the 0.1 cfs increase. Therefore, if any TDA in the project is less than i 0,000 square feet, no flow control is required within that specific TDA. The Triangle project will add 5,145 square feet of new impervious to TDA I; which is below the 10,000 square foot threshold. Therefore no flow control is required within this TDA, as the limited flow increase shouldn't affect the existin drainage patterns or limit the capacity of the existing systems. g In the letter, the City of Federal Way mentions that they have observed clogged ditches and pipes in the vicinity along with Iow infiltration with the surrounding hillside. Please see response to comment 1 above. 3. All work for the project is in permanent WSDQT ROW or is covered by a construction easement as temporary ROW for the duration of the project. Per the City of Federal Way standards for resubmittal, we have included four copies of all reports and six copies of all plan sheets, in addition to the resubmittal form. If you have any questions, please contact Brigid Dean at (206)716-1137 or deanb@wsdot.wa.gov. Sincerely, Allison Hanson Director of Environmental Services for Mega -Projects, WSDOT Attachments: resubmittal form, six copies plan sheet package Electronic cc: Allison Hanson Brigid Dean George Ritchotte Bruce Nebbitt Brian Glas Jason Turck Jerry Althauser Federal Way NOTICE OF PUBLIC LAND USE HEARING WSDOT Triangle Project File No. 09-104380-00-UP Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p•m, or soon thereafter on 'Wednesday, April 7, 2010, in the Federal Way City Council Chambers, 33325 8` Avenue South, Federal Way, WA. Requested Decision and Project Description: The applicant is requesting Examiner" decision pursuant to Federal Way Revised Code Chapter 19.70 The Process IV `Hearing grading activities, wetland mitigation, permanent and t project includes clearing and culverting/relocating associated with the replacement of Interstate 5t d SR 8 intuffer erchange stream ramps and new direct connection from westbound SR 18 to SR 161 in the vicinity of South 359'h Street. Project Location: WSDOT right-of-way in and around Interstateth and State Route 18 Interchange. Compensatory wetland mitigation site is located at 933 South 364 Street. Applicant: Brigid Dean, WSDOT, 401 2nd Avenue South, Suite 300, Seattle, WA 98104 Date Application Received: December 1, 2009 Date Determined Complete: December 17, 2009 Date of Notice of Application: December 19, 2009 Permits Required by this Application: Process IV `Hearing Examiner' (File 09-104380-UP) The following environmental documents were submitted in conjunction with the Process lV application: Environmental Checklist- DNS; Wetland Mitigation Plan; Stream Mitigation Plan; Wetland Biology Report; and Wetland Sunnnary Report. eF , Any Peron may submit written comments to the Hearing Examiner and appear at the public heating to Provide verbal comments. Persons submitting written comments may deliver these comments to the Department of Community Development Services any time prior to thelivertor b the Hearing Examiner at the hearing _ pn1hearing y giving them directly to Examiner or specifically request a apy of the written who appeal writt the H aring Examiner's a to the Hearing Any person may request a copy of the decision. The application far the proposal is to be reviewed sundersion. applicable codes, regulations, and policies of the City of Federal Way. The official file is available for review ding business hours (Monday through Friday, 8:00 a.m. to 5:00 P-m.) in the Department of Community Development Services, 33325 8�` Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera, Associate Planner 33325 8"Avenue South Federal Way, WA 98063 Phone - (253) 835-2638 Published in the Federal Way Mirror on March 20, 2010. Doc. I D 53301 c R C L N C fu N @ V R� N C a3 m co 0- 7 mro o- d o � 8 CL o Y.� mF' N ❑ V O � N ro C m 401) C N r i (76 ail = CITY OF CITY HALL FederalWay 33325 8th Avenue South Maifing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.citYoffederalway.com April 14, 2010 Mr. Bio F. Park Ogden, Murphy, Wallace PLLC 1601 5"' Avenue, Suite 2100 Seattle, WA 98101 RE: File #09-104380-00-UP; RESPONSE TO WSDOT EXFxpTION TO STAFF REPORT CONDITION #5 Triangle Project, Interstate-5/State Route 18/State Route 161, Federal Way Dear Honorable Park: Thank you for the opportunity to respond to the Washington State Department of Transportation's (WSDOT) position dated April 9, 2010, that it is exempt from complying with the City of Federal Way's Condition #5 of the March 31, 2010, StaffRepor7 to during the April 7, 2010, public hearing, the City intthe Ferlerad Way Hearing Exrilniner. As clarified ends engineering review to be limited to WSDOT's work on the Corrington wetland compensatory site and those areas outside of WSDOT' right -of --way along Interstate S where stream culvert ing and relocation activities will take place. Condition #5 consists Of- (1) City staff review of the Temporary Erosion and Sedimentation (TESC) plan; ty staff review (2) Ci of the haul route; (3) City staff inspections; and (4) no more than $5,000 for inspection cost recovery. AUTHORITY To REVIEW The City's authority to require engineering review is pursuant to Federal Way Revised Code (FWRC) 19.120.020(2), which states: No person shall remove any trees, make changes or cause changes to be made in the siuface of any land by clearing, grading, filling, or drainage alteration in the city of Federal Way without first grading, approval of a clearing and grading plan by the director; except for those activities that are exempt as described in FWRC 19.120.030. As the proposed work does not meet any of the 14 exemptions listed in the aforementioned FWRC 19.120.030, notice to proceed is required pursuant to FWRC 19.120.060(2), which states: Approval and notice to proceed shall be required prior to undertaking any clearing, grading, and/or tree and vegetation removal actions pursuant to the requirements of this section_ Approval and notice to proceed shall not be issued until the applicant can demonstrate readiness to proceed with the site development work and the ability to complete such work in a timely manner. RESPONSE TO WSDOT Pursuant to the Growth Management Act (GMA), WSDOT is required to comply with the City's development code. The Reviser! Code of Washington (RCW) 36.70A.103 states: VIr. Park April 14, 2010 Page 2 State a encies shall com iv with the local com rehensive cans and develo ment re u� iatiQns and amendments thereto adopted pursuant to this chapter except as otherwise provided in RCW 71.09.250 (1) through (3), 71.09.342, and 72.09.333. (Emphasis added.) The provisions of chapter 12, Laws of 2001 2nd sp. sess. do not affect the state's authority to site airy other essential public facility under RCW 36.70A.200 in conformance with local comprehensive plans and development regulations adopted pursuant to chapter 36.70A RCW. The statutory authority and case law cited by WSDOT predate the GMA and RCW WSDOT 03 dnave no bearing on the issue of whether the City can condition the project. Furthermore, showing that its NPDES permit precludes the City's review. instead, WSDOT's own Stormwater Management Plan 1.5 specifically states that, "in most instances, local stormwater management standards will not override the requirements in the Highway Runoff Manual. ... absent express 1 islative direction WSDOT is not subject tol ordinances State agencies, s wisub OWSDOTi are ("Emphasis added.} In this instance, the legislaturespoken, required to comply with local development regulations. nsatory To the extent that WSDOT claims that the work done nthe lnterstate 5gton wetland where stream c�eerting and to and those areas outside of WSDOT right-of-way adjacent to °,the City is still not precluded from relocation activities will take place are "essential public facilities," p 23,34 o (199) c this Port Of See Ci of esMoines v. P L et Sound o f the 5 a-T• c airport, an essential public facility, still had to {1999} The Port of Seattle's expansion comply wiffi Des Moines' reasonable permitting� of Seattle from this obligation.) and Wmitigation requirements. The fact thatAS 365- g6e made the project more costly did not relieve t Po 550(5)(d), ("If an essential public facility does not present siting difficulties and can be permitted through the normal development review process, project review should be through the normal development process otherwise applicable to facilities of its type. ). Consistent with the GMA and we law, the City is not preventing WSDOT from proceeding with its project or being unreasonable in imposing Condition #5. ather, the City is Rd propose options, if � d Oting tto mitigate those review the project for potential environmental and public concerns a concerns. CLOSING ned in The review of TES plans, haul routes, city vinsp nn the Citys, and land WSDOT has mad no axg enthat #5 are standard processes of construction review with it is unable to comply with these requirements. Condition natural5is necessary to environment, such asde a localized level the Hylebos Creek of review that maintains and protects the quality ofks forward to the watershed, which will be impacted bylirV`SDOT'll Fa improvements. level of service oresidentsof Federal Way. City completion of the Triangle Project as staff has already expedited review of WSDOT-s Process IV application and will do the same as it pertains to Condition #5. Doc. LD. 53619 09-104380 Mr. Park April 14, 2010 Page If you ha-+e any questions regarding this response, please contact me at 253-835-2638 or ma.tt.h=era rr cityoffederalway.com Matthew Herrera Associate Planner °• Allison Hanson, WSDOT, Director of Environmental Services, ESO Mega Projects, 999 31dAvenue, Suite 2424, Se,tttle, WA 98104 Greg Fe►'vins, Director of Community Development Services Cary Rae, Director ofPARCS and Public works Ken Miller, Deputy Director Of Public Works Isaac Conlen, Planning Manager Peter Beckwith, Assistant City Attorney Ann Dower, Senior Engineering Plans Reviewer Deb Barker, Senior Planner 09-104380 Doc 11) 53619 CITY OF Na'.' Federal Way May 27, 2010 Allison Hanson, Director of Environmental Services Washington State Department of Transportation 999 Yd Avenue, Suite 2424 Seattle, WA 98104 CITY HALL FILE 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: FILE #09-1043$0-00-Up; NOTICE OF APPEAL AND PUBLIC HEARING TRANSCRIPTS WSDOT Triangle Project, Federal Way Dear Ms. Hanson: PIease find the enclosed Notice of Appeal and public hearing transcripts regarding the Process IV land use decision for the Triangle project. Pursuant to Ferde►'aI Way RDepartmen evisecd Code 19.70.1$0, the t of Community the Services is required to distn`hute the notice at least 10 calendar days prior to the City Council hearing. The applicant will also receive a copy of the staff report to City Council at Ieast seven days prior to the hearing, If you have questions regarding the enclosures or the appeal process, please contact me at 253-835-2638 or matt.herrera u@cityoffederalway.com Sincerel., l Matthew Herrera Associate Planner enc: Notice of Appeal Transcript of April 7, 2010 public hearing Doc. I.D. 54254 1=1LE cfl,rY Federal Way NOTICE OF APPEAL LAND USE PROCESS IV `HEARING EXAMINER' DECISION Triangle Project File No. 09-104380-00-UP Notice is hereby given that Federal Way City Council will hold a public hearing at 5:30 p.m. or soon thereafter on Tuesday, June 15, 2010, in the Federal Way City Council Chambers, 33325 8`h South, Federal Way, WA. Avenue Project Description: The applicant (WSDOT) is appealing a process IV `Hearing Examiner' decision pursuant to Feder(" Way )?eviser! Cade Chapter 19.70. The project includes clearing and grading site compensatory wetland mitigation, Permanent/tenriporary wetland buffer stream culverting/relocating associated with the replacement of Interstate 5 and SR 1$ interchange and cloverleaf ramps and new direct connection from westbound SR 18 to SR 161 in the vicinity of South 359`h Street. Scope of Appeal: The appellant has alleged an error in the Hearing Examiner's decision with regard to Conclusion of Law #21, Finding of Fact #5, and Finding of Fact #6 as they relate to Condition #5 of the Staff Report to the Federal Way Hearing Examiner, The condition requires the applicant to obtain engineering approval prior to construction for areas outside the WSDOT right-of-way from the Public Works Department. The appellant contends the condition " (..] violates the plenary authority over state highways vested in WSDOT by state statute, particularly RCW 47,01.260." Applicant: Allison Hanson, Washington State Department of Transportation, 401 2nd Avenue South, Suite 300, Seattle, WA 98104 Appeal Procedure: The applicant, the city, and persons who submitted written or verbal comments to the Hearing Examiner or specifically requested a copy of the written decision may appeal the Hearing Examiner's decision. A written notice of appeal must be delivered to the department within 14 calendar days following issuance of the land use decision. Persons entitled to appeal the decision may participate by submitting written comments to the Department of Community Development Services prior to the hearing; and/or by appearing in person ar through a representative at the hearing to provide verbal comments directly to the city council. Staff Contact: Matthew Herrera, Associate Planner, 253-835-2638 Doc. I D 53864 CITY OF � Federal Way Ms. Allison Hanson. Director of Environmental Services Washington State Department of Transportation 999 3"' Avenue, Suite 2424 Seattle, WA 98104 CITY HALL 33325 8th Avenue south Mailing Address. AO BQx 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. crtyaffederal way corn July 9, 2010 FiLE Re: File #09-104380-00-UP; PROCESS IV LAND USE DECISION — STATUS OF CONDITION #5 WSDOT Triangle Project, Interstate-5/State Route IS Interchange, Federal Way Dear Ms. Hanson: The Department of Community Development Services provides this letter to the Washington State Department of Transportation (WSDOT) for specific clarification of the requirements set forth in Condition 45 of the Process IV land use decision approved by the Federal Way He�u ing 8xaminer on April 28, 2010. The following items satisfy Conclusion of Law #21 as it imposes Condition #5 of the Process IV decision: i. Carrington site Temporary Erosion Control and Sedimentation (TESC) plan has been reviewed and approved by the Public Works Department. However, any change to the plan that results from a reportable non-compliance condition must be provided to the City; 2. Carrington site haul route has been reviewed and approved by the Public Works Department; 3. The City will provide notification to WSDOT prior to entering Carrington property to monitor water discharge from the site; and 4- WSDOT will provide payment up to $2,000.00 for review of the TESC plan that has been submitted and for changes to the plan resulting from reportable non -compliant conditions. The City will invoice WSDOT for payment. The City looks forward to the start of construction as it will provide an increased Ievel of service to the citizens and visitors of Federal Way. If you have any questions regarding this letter, please contact Associate Planner Matthew Herrera at 253-835-2638, or matt.herrera r@cityoffederalway.com Sincerely, Greg Fewins, Director Community Development Services c; Bi ian Wilson, ['ity .\qunagcr/nnljw C ltiel' Pal Richard.ou, ( I I y Attorney Cary Roe, Director ofPtIblic %Vork--/PARCS Ken Miller, Deputy l]irector ul'Public Wt)rl s Isaac Conies, 1'Ixnning Matu9ger Peter Beck" ith, Assistant City Attorney -Malthew HelTwu, Associate Plantler Doc I D 54438 Rob McKenna ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division PO Box 40113 • Olympia WA 98504-0113 • (360) 753-6126 June 14, 2010 Yia Email: carol, cneill cit offederalwa .com And US. Mail Carol McNeilly, City Clerk P.O. Box 9718 Federal Way, WA 98063 Re: Withdrawal of Appeal; WSDOT Triangle Project 09-104380-00-UP Dear Ms. McNeilly: . Enclosed for filing is WSDOT's Withdrawal of Appeal. We are filing electronically and by mail. This matter was scheduled for a hearing before the Federal Way City Council at 5:30 p.m., Tuesday, June 15, 2010. The hearing will no longer be necessary,' Thank you for your assistance. Sincerely, -�5,vt' 7 STEPHEN KLASINSKI Assistant Attorney General (360) 7534051 ste henk at .wa. ov SRK:lms Enclosures I 2 3 n 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORI; THE CITY COUNCIL THE CITY OF FEDERAL WAY WSDOT Tliangle Project 09-104380-00-UP 0-I Based on the clarification of the requirements set forth in Condition #5 of the Process IV land use decision approved by the Federal Way Hearing Examiner on April 28, 2010, as set out in the attached letter dated June 9, 2010, from Greg Fewins to Ms. Allison Hanson, the Washington State Department of Transportation hereby withdraws its appeal in this matter. DATED this 10 day of June, 2010. NOTICE OF APPEAL Respectfully submitted, ROBERT M. MCKENNA Attorney General STEPHEN R. KLASINSKI, WSBA# 11419 Assistant Attorney General Attorneys for Appellant WASHINGTON STATE DEPARTMENT OF TRANSPORTATION t ATTOitNEr GENERAL Or WASIT NOTON Transparm%lon & Public [ DnStrUGli0R Division 71,11 Clean —ter Drive SW PO BOX 40113 Olympia, WA 9850"113 (360) 753-6126 Facsimile- (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROOF OF SERVICE I certify that I served a copy of this document on all parties or their counsel of record on the date below as follows: NUS Mail Postage Prepaid via Consolidated Mail Service NElectronic Mail DABC/Legal Messenger ❑State Campus Delivery Hand delivered by I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. DATED this 141h day of June, 2010, at Tumwater, WA. LISA M. SAVOIA Legal Assistant to STEPHEN R. KLASINSKI Assistant Attorney General NOTICE OF APPEAL 2 ATTORNEY GENERAL OF WAS111INUrON Transporlaliun & Public Construction ❑ivision 7141 Cleanwater Qrin SR' PO BOY 40113 Olympia, WA 98504.0113 (360) 753-6126 Fat;simile: (360) 586-6847 cry HALL CITY OF 33325 t3th Avenue South Federal Way 98 Mailing Address: Box 9718 Federal Way, WA 98063-97i B A= --- [253] 835-7000 www. cflyolledluralwaycvn•L Ms. Allison Hanson, Director of Environmental Services Juune 9, 2010* Washington Statc Department of Transportation 999 3"' Avenue, Suite 2424 Seattle, WA 98104 ISION —STATUS OF Re: File SDOT1Triangle projecctiocFss IV Interstate-5/State Roue C18 Interchange, Federal Ways #5 Dear Ms. Hanson: The Departmrr ent of CoMUT1ity Development Services provides this letter to the Washington State Department of Transportation (WSDOT) for speck clarification of tlxe requirements set fardl in Condition #5 of the Process IV land use decision approved by the Federal Way Hearing Examiner on April 29, 2010. The following items satisfy Conclusion of Law #21 as it imposes Condition #5 of the Process IV decision: 1. Corrington site Temporary Erosion control and Sedirnentation (TESC) planhas been reviewed and approved by the Public Works Department. However, any change to the plan that results from a reportable non-compliance condition nmst be provided to the City; 2. Corti gton site haul route has been reviewed and approved by the Public Works Departuaeixt; 3. I -he City will provide notification to WSDOT prior to entering Corrington property to monitor water discharge from the site; and Plan that has been 4. WSDOT will provide payment lip to $2,00.4.00 for review of the TESC submitted and for changes to t1le Finn resirkting from 1,eportable non -compliant conditions. The City will invoice WSDOT for payment. The City looks forward to the start of constraction as it will provide ail increased level of service to the citizens and visitors of Federal Way. If you have any questions regarding this letter, please contact Associate Planner NattheIN Herrera at 253-835-263M, or mat t.laetrera c[�,cityoffederalway'cam' Sincerely, l Greg ewins, Director Conarnu.tnity Development Services c: Brian Wilson, CityManagel;Police Chief Pat Itieltarcls��lr, City Attorney Cnry Roe. fDiructor O(PuW'tc WOFf!:'PARCS Kt!n Miller, Depuly.Directar of Public Works Isaac Conlen, Plaluling Manager Peter Beckwith, Assistant City Attorney Matthew Herrera, Associate Plamier °Replaces Jill 9, 2()1(), 1"Iter. Dole col-rected trom July 9, 2010, to June 9, 2010. No other changes/corrections made. DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER WSDOT Triangle Project Process IV `Hearing Examiner's I]ecision' Federal Way File No. 09-104380-00-UP PUBLIC HEARING Wednesday, April 7, 2010, 2:00 p.m City Council Chambers Federal Way City HMI — 33325 81h Avenue South Report Prepared by: Associate Planner Matthew Herrera Report Date: March 31, 2010 Table of Contents ............ ............ ........... PROJECT INFORMATION AND BACKGROUND ...................................................... PROCESS IV ADMINISTRATION............................................................. ENVIRONMENTAL REVIEW .............................. *"'*--"*"*** ........ IV. ........................*............................ COMMENTS RECEIVED ON MASTER LAND USE APPLICATION ...................................................... V. KEY ELEMENTS OF THE ENVIRONMENTAL LvfPACTS/MITIGATION ......................... -* ........... 2 VI. GENERAL CHARACTERISTICS OF SITE AND VICINITY ................................ * ....... * ... * ........ Vii. DESCRIPTION OF IMPACTED CRITICAL AREAS ................................................ ........... ... Vill. DESCRIPTION OF PROCESS IV REQUEST ....................... IX. FINDINGS & CONCLUSIONS OF PROPOSED STREAM RELOCATION ................ 4 X. FINDINGS & CONCLUSIONS OF PROPOSED STREAM CULVERT ......................... X1. ...***,** *"**"*'*'*'*'*"**** FINDINGS & CONCLUSIONS OF PROPOSED STREAM BUFFER INTRUSION ....................................... 8 FINDINGS & CONCLUSIONS OF PROPOSED IMPROVEMENTS WITHIN REGULATED WETLANDS ....... 9 Xii. FINDINGS & CONCLUSIONS OF PROPOSED IMPROVEMENTS WITHIN WETLAND BUFFERS .......... 14 xiii. XIV. PROCESS IV HEARING EXAMINER DECISIONAL CRITERIA ..............................................15 16 XV. RECOMMENDED CONDITIONS OF APPROVAL .......................... ............................. 17 LIST OF EXHIBITS ......................... I• PROJECT INFORMATION AND BACKGROUND Name of Project: Washington State Department of Transportation (WSDOT) Triangle Project City File No: 09-104380-00-UP Requested Decision: Applicant requests a Process IV 'Hearing Examiner' decision pursuant to Federal Way Revised Carle (FWRC) Chapter 19.70. WSDOT issued an Environmental Determination of NonsigniBcance (DNS) pursuant to State E'llvirofrrraentcrl Policy Act (SEPA) procedures on May 11, 2007. Staff Recommendation: Approval with Conditions Summary of Proposal: CIearing and grading activities, wetland mitigation; permanent and temporary wetland buffer intrusions; and stream culverting/relocating associated with the replacement of Interstate-5 and SR 18 interchange cloverleaf ramps and new direct connection from westbound SR 18 to SR 161 in the vicinity of South 359`" Street (Exhibit A). Site Location: WSDOT right-of-way within the Federal Way city limits as shown on the vicinity map (Exhibit B). Portions of site work will take place on several private parcels (Exhibit Q. Wetland compensatory mitigation site is proposed at a WSDOT single-family zoned parcel located at 933 South 364 Street (Exhibit D). Applicant: Allison Hansom, Director of Environmental Services, ESO Mega Projects WSDOT, 999 P Avenue, Suite 2424, Seattle, WA 98104 Owner: WSDOT Comprehensive Plan & Zoning Designations: WSDOT right of way, WSDOT owned and privately held parcels zoned Commercial Enterprise (CE). Compensatory mitigation site is located within a single-family medium density residential RS35.0 zoning district. Key Dates: Master Land Use application submitted December 1, 2009 Application determined complete December 17, 2009 Notice of application, December 19, 2009 (Exhibit E) Notice of public hearing, March 20, 2010 (Exhibit F) Staff Representative: Associate Planner Matthew Herrera, 253-835-2638 WSDOT Triangle Project Hearing Examiner Staff Report File #09-104380-00-UP / Doc ID 52650 Page 1 of 17 II, PROCESS IV ADMINISTRATION The Master Land Use (MLU) application contains multiple components. The FWRC requires the following review process for the applicant's requested activities: 1. Stream Relocation — Process IV Hearing Examiner Decision 2. Culverts — Process III Project Approval 3. Intrusion into Stream Setback (Essential Public Facility) -- Director Approval 4. Improvements within Regulated W etland — Process IV Hearing Examiner Decision 5. Improvements within Regulated Wetland Buffer (Essential Public Facility) — Director Approval Pursuant to FWRC 19.70.010, if a Process IV request also includes activities which require multiple review processes, the entire proposal will be decided upon using Process IV if it is determined that it will result in more efficient decision making. As analysis for each component can be combined into one document, staff finds separate permitting for each of the five above - referenced activities would provide no benefit to the city or the applicant; therefore, the entire proposal shall be decided upon using Process IV Hearing Examiner Decision. ENVIRONMENTAL REVIEW The proposed improvements and activities are not categorically exempt from the threshold determination process pursuant to the State EnvirownentaI Policy Act (SEPA) Rules as identified in Washington Administrative Code (WAC) Chapter 197-11. WSDOT, acting as Lead Agency, issued a Determination ofNo �ignid1Staff finds the analysis fromay 11, the 2007 iDNS Nand fornthets or appeals on the DNS were sub current proposal. IV. COAEgENTS RECEIVED ON MASTER LAND USE APPLICATION No comments on the Process IV application have been received as of the date of this staff report. Process IV administration rules allow any person to submit written comments anytime up to the date of the public hearing and allow any person to provide verbal comments during the hearing. V. KEY ELEMENTS OF THE ENVIRONMENTAL LVRACTS/MITIGATION As context for the Process IV request, the following is an outline of the key elements of the environmental impacts and mitigation as a result of the roadway improvements 1. Abandonment and filling of 495 lineal feet of a designated minor stream and relocation of the stream; 651ineal 2. Three culvert extensions totaling 195 lineal feet and one new box culvert measuring feet; 3. Temporary intrusions of 1.29 acres into stream setback areas for construction activities associated with the roadway project; 4. Permanent intrusions of 4.64 acres into stream setback for new roadway and appurtenances; 5. Temporary intrusions of 0.6 acres into wetland buffer areas for construction activities associated with the roadway project; 6. Permanent intrusions of 1.05 acres into wetland buffer areas for new roadway and appurtenances; 7. Permanent intrusions of 0.23 acres into regulated wetlands; and at ilicludes wetland creation/ 8. enhancement, compensatory buffert'on site of 3.37 enhancement, and ce atioxi/enhancement of streamhabitat. enhancement, we#landb File 409-104390-00-UP /Doc ID 52650 WSDOT Triangle Project Page 2 of 17 Hearing Examiner Staff Report VI. GENERAL CHARACTERISTICS OF SITE AND VICINITY The subject area is within the WSDOT right-of-way interstate-5 corridor between South 336`n Street and State Route 161; WSDOT right-of-way within State Route 18 between Weyerhaeuser Way and the Interstate 5 clover Ieaf; two parcels commercial zoned properties owned by WSDOT; and three private parcels (Exhibit C) abutting the WSDOT right-of-way. Areas abutting the WSDOT right-of-way where the proposed construction activities will take place contain Multi -Family, Comlrlercial Enterprise, and Corporate Park comprehensive plan/ zoning designations. Current uses abutting the project area include retail, office, church, vacant private parcels, and vacant parcels owned by WSDOT. VII. DESCRIPTION OF IMPACTED CRITICAL AREAS As shown in the applicant's wetland mitigation plan (Exhibit H, Page 18) and stream mitigation plan (Exhibit I, Page 9), the following critical areas will be impacted due the Triangle Project improvements. L East Branch Hylebos Creek (as identified by the city's critical areas inventory): Tributary 0016- Impacted areas are located east of the interstate 5/State Route 18 clover leaf. The city has identified the tributary a major stream; although, fish do not currently inhabit the impacted reach due to man-made blockages downstream. The tributary remains a major stream (fish bearing) as it does not contain natural fish barriers. Tributary ooi6,4 - Impacted areas are adjacent to interstate-5 between South 336 h Street and South 360t' Street. The city's critical areas inventory has identified the tributary a major stream. The applicant hats provided analysis (Exhibit K) that a permanent natural blockage exists in the form of inadequate flows; therefore, the city has reclassified the watercourse within the construction area as a minor stream (non -fish beming). 2. Wetlands (as identified by the applicant's wetland report): Wetland M- Located east of the Interstate-5. clover Ieaf and abutting the State Route 18 westbound Iane. Wetland M is an approximately 1.16 acre scrub/shrub and forested wetland. The city's wetland rating is Category lI with a I00-foot buffer. Wetland N- Located east of the Interstate-5 clover leaf and abutting the State Route 18 westbound lane. Wetland N is an approximately 0.20 acre scrub/shrub wetland. The city's wetland rating is Category III with a 25-foot buffer. Wetland AB -Located east of southbound Interstate-5 near South 360`a Street. Wetland AB is an approximately 0.42 acre ernergent and scrub/shrub wetland. The city's wetland rating is Category III with a 100-foot buffer. Wetland K- Located north of the State Route IS on -ramp near- Weyerhaeuser Way South. Wetland K is an approximately 0.13 acre scrub/shrub wetland. The city's wetland rating is Category Ili with a 25-foot buffer. 1 Staff disagrees with the applicant's rating of Wetland AB ati FWRC 19.175.o2o(1)(b) states wetlands containing two or more wetland classes (scrub/shrub and emergent) and do not exhibit characteristics of a Category I wetland are classified as Category II. WSDOT Triangle Project Hearing Examiner Staff Report File #09-104380-00-UP / Doc ID 52650 Page 3 of 17 0athbound Interstate-5 near Wetirencl 1' — Located west of s ecrublshrub wetland. South The city's Street, �t and ratinga P is an approximately 1.91 acre emergent and s Category I with a 100-foot buffer. Wetland U — Located within the southwest clover leaf. 'Wetland U is an approximately 0.13 acre scrub/shrub wetland. The city's wetland rating is Category III with a 25-foot buffer. VIE. DESCRIPTION OF PROCESS IV REQUEST The Triangle Project will rebuild the Interstate-5 and State Route 18 interchange by replacing two of the cloverleaf ramps with a westbound State Route 18 to southbottnd Interstate-5 ilyoVer ramp and eastbound State Route 18 to northbound flyoverramp. Ro�iEteT61 pnghe vicinity of rject will also build a new direct connection from westbound State Route 18 to South 3591h Street. Several wetlands and two tributaries to the East Branch Hylebos Creek will be affected due to roadway expansions and widening associated with the Triangle roj of Strethe a ml elocct.To mitigate culverting, and wetland encroachment will be a necessary comp p the environmental impacts of the project, the applicant has purchased a parcel within the same drainage basin to perform wetland and stream habitat mitigation. Nate — Staff has partitioned each of the applicant's requests and provided separate analysis (findings) and decisional criteria (conclusions) for each item. Conclusions are based on individual decisional criteria provided in the city's Critical Areas Ordinance (CAO) and codified in FVIRC Title 19. The overall Process IV decisional criteria (conclusions) are located in Section XVI of this report. IX. ANALYSIS OF STREAM RELOCATION REQUEST AND DECISIONAL CRITERIA PURSUANT TO FWRC 19.165.0241 require Improvements for the proposed State Route 18 to State Route 161 16A direct e applicant is pTil the abandonment and filling of 495 lineal feet of Tributary oposing to relocate the stream section west of the existing channel. Findings & Conclusions The following analysis and decisional criteria is provided in accordance to the relocation section of the city's CAO as codified in FWRC 19.165.020. FWRC 19.165.020(3)(a) — The creation of a natural meander pattern. As shown in Exhibit ], the proposed relocation of Tributary 0016A will result in an approximately 5804ineal foot channel meandering in a southwesterly direction prior to entering a culvert beneath the newly created roadway section. FWRC 19.1 b5.020(3)(b) — The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the installation of erosion control features for stream side slopes. 214:1 V side slopes are provided as shown on the right and left meander cross -sections (Exhibit .). it will be necessary to clear existing vegetation on both sides of the newly created chamtel to accommodate the 2:1 side slopes. File #09-104330-00-UP / Doc ID 52650 WSDOT Triangle Project Page 4 of 17 Hearing Examiner Staff Report Erosion controls for the stream side slopes include amended soil and coir matting. Construction of the new channel and installation of the erosion control materials will occur prior to any water being diverted. FWRC 19.165.020(3)(c) — The creation of a narrow subchannel, where feasible, against the south or west bank. As the existing stream does not contain a subchannel and is bound by native vegetation as well as a future roadway, the creation of a narrow subchannei is not feasible with the current proposal. FWRC 19.165.020(3)(d) — The utilization of natural materials, wherever possible Large woody debris (LWD), coir matting, and, new landscaping is proposed within the relocated corridor. As shown on the relocation plait (Exhibit ]) and detailed in the stream mitigation plan (Exhibit L Page 36), LWD with and without root boles will be placed along glide and meander locations along the channel to increase habitat diversity. Coir matting derived from coconut husks will provide erosion control for the stream banks. Native trees and shrubs will be planted in the relocated stream buffer area providing support to existing wildlife in the project area. FWRC 19.165.O20(3)(e) — The use of vegetation normally associated with streams, including Primarily native riparian vegetation. The proposed vegetation enhancement of the riparian area will use native trees and shrubs including, but not limited to: bulrushes; sedges and rushes; red alder, black cottonwood; and big leaf maple, Douglas fir, and western hemlock. The planting of the above -referenced vegetation will occur in the fallowing four zones, respectively: emergent bottom zone; riparian emergent zone; riparian forest/scrub-shrub zone; and upland riparian forest zone. FWRC 19.165.020(3)(1)— The creation of spawning and nesting areas, wherever appropriate. The applicant proposes the construction of habitat improvement structures including brush piles, snags, and bat boxes. The structures will provide cover from predators, assist thermal regulation, and provide nesting areas. Such enhancements are intended to increase stream riparian and wildlife functions. FWRC 19.165.020(3)(g) — The re-establishment of the fish population, wherever feasible. Areas within the projected scope of work do not support fish populations. The existing fish blockage is downstream and outside the scope of this project. FWRC 19.165.O2O(3)(h) -- The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible. The restoration of water flow characteristics colrtpatible with fish habitat areas is not feasible due to the following: Iack of perennial headwater source; high proportions of impervious surfaces in the immediate area that result in flashy flow conditions during rainfall; and zero flow periods during the summer months. WSDOT Triangle Project Hearing Examiner Staff Report File #09-104380-00-UP / Doc ID 52650 Page 5 of 17 FWRC 19.165.020(3)(i) — The filling and re -vegetation of the prior channel. A majority of the filled channel will used for the new roadway section. The northern portion of the prior channel will be tilled and planted with upland riparian forest vegetation as shown on the relocation site plan (Exhibit J). FWRC 19.165.020(3)6) — A proposed phasing plan specifying time of year for all project phases. t yet been determined, a plana contractor asnotor tl e stream onditionon work has of approval, s staff recommend the applicant ;ng plan was not provided. submit a phasing plan upon selection of a contractor. Stream Relocation Decisional Criteria am to be relocated only if water quality, habitat, FWRC 19.165.020(4) —The city will allow a streftcantly and stormwater retention capability of the streams will be siglriimproved by the be relocation. Convenience to the applicant in order- to facilitate general site design y considered. The stream relocation will improve water quality, habitat, and stormwater retention capabilities via the following improvements: • Water Quality — Below the Ordinary High Water Mark (OH"), bulrush and bur -reed plugs will be planted. Above the OHWM in seasonally and occasionally inundated areas, slough sedge and various rush species will be planted New plantings, the imported stream substrate, and coir matting erosion control features will improve the water quality of the tributary. ■ Habitat — Large woody debris, native plantings, brush piles, snags, and bat boxes placed within the relocation corridor will provide improved habitat for existing and new wildlife in the project area. Stormwater Retention — Newly planted vegetation within the riparian corridor will provide improved opportunities for stormwater containment by capturing and storing rainfall in the canopy and releasing water into the atmosphere through evaporation. In addition, tree roots and leaf litter create soil conditions that promote the infiltration of rainwater into the soil. ■ Convenience to Site Design — Several alternatives were developed and analyzed during the design process. The proposed plan was selected for its top scores in minimizing environmental impacts. FWRC 19.165.020(6) — The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves the subject property. There are no sources of runoff entering or leaving Tributary 0016A within the realigned stream segment resulting in zero increase or decrease in flows or velocities as the stream enters or leaves the subject property. File #09-104380-00-UP / Doc ID 52650 WSDOT Triangle Project Page 6 of 17 Hearing Examiner Staff Report X. ANALYSIS OF CULVERT REQUEST AND DECISIONAL CRITERIA PURSUANT TO FWRC 19.165.040 The proposed road improvements will require the applicant to extend three culverts for a total of 185-lineal feet and install one new culvert measuring 65-lineal feet. As shown on page 9 of the stream mitigation plan (Exhibit 1) the culverting request includes: 1) One 50-foot extension will be placed beneath the new southbound off ramp from Interstate-5 to South 348u' Street; 2) One 50-foot extension will be placed beneath the new southbound onramp to Interstate-5 from South 3481' Street; 3) One 85-foot extension2 will be placed beneath Interstate-5 south of the proposed South 356`h Street off rarnp; and 4) One new 65-foot culvert will be placed beneath the proposed South 356"` Street off ramp. Findings & Conclusions The following analysis and decisional criteria is provided in accordance to the culvert sections of the city's CAO as codified in FWRC 19.165,040. FWRC 19.165.Q40(4) — The culvert must be designed and installed to allow passage of fish inhabiting or using the stream The culvert must be large enough to accommodate a I QQ-.year storm Although the eity's critical areas inventory, currently classifies the watercourse a Major Sh►cram (fish -bearing) analysis provided by the applicant concludes the stretch within the construction zone would constitute a Minor Stream (non -fish bearing) due to natural permanent blockage. FWRC 19.05.130 defines a major stream as: any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports, resident or rrngratory fish. If there exists a natural permanent blockage on the stream course which precludes the upstream movement of anadromolas salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage shall be regulated as a major stream. Within the construction area, Tributary 0016A does contain a natural permanent blockage in the form of intermittent and flashy flows which do not support or under normal circumstances support resident or migratory fish. As detailed in the applicant's analysis (Exhibit K), fish are not capable of inhabiting the portion of the stream within the construction boundaries due to inadequate flows. Staff finds the stretch of watercourse within the construction zone would constitute a minor stream' as defined by FWRC 19.03.130 due to natural permanent blockage; therefore, fish passable culverts are not required. One -Hundred Year Storm — The estimated 100-year floor for the new culvert beneath South 356"' Street and Interstate 5 is 32 cfs. Based on the channel and culvert grade, the culvert extensions have the capacity to pass a maximum flow of 120 cfs and I30 cfs, respectively. 2 The 35-foot callout on page 23 Figure 6 is incorrect. The extension as concluded in the analysis on page 9 of the report states the extension is 85-feet. WSDOT Triangle Project Hearing Examiner Staff Report File #09-104330-00-UP / Doc ID 52650 Page 7 of 17 FWRC 19.165.040(5) - The applicant shall, at all tunes, keep all culverts on the subject property ty free of debris and sediment so as to allow free passage of water and, if applicable, fish. T he d shall require a bond under Chapter 19.25 FWRC to ensure maintenance of the culvert approved tinder this section. The WSDOT Maintenance and Operation Division `Maintenance Manual' requires inspection and cleaning a minimum of two tithes per year. Additional inspections may occur due to heavy precipitation and flooding. Pursuant to the Revised Code of Washington (RCW) 35.21.470, bonding of government agencies is not permitted. Staff finds the department's maintenance procedures adequate to provide continuous flow through the proposed culverts. Culvert Approval Criteria FWRC 19.165.040(3)(a) -The city will allow a stream to be put in a culvert only if no significant habitat area will be destroyed. No significant habitat areas will be destroyed as the culverts are within areas that are currently inhospitable to typical wildlife habitat as it is adjacent to major interstate and commercially zoned properties. The applicant proposes to provide native plantings in areas that will be impacted and provide off -site mitigation to a separate tributary to the Hylebos Creek. FWRC 19.165.040(3)(b) - The city will allow a stream to be put in a culvert only if it is necessary for some reasonable use of the subject property. Convenience to the applicant in order to facilitate t demonstrate, general site design will howin a the stream in an opeidered. The n condition, that no otherreasonab a siite design y Submitting alternative site plans s g exists. Several alternatives were developed and analyzed during the design process. The proposed plan was selected for its top scores in minimizing environmental impacts. The new roadway sections require extensions to existing culverts and one new culvert. Staff did not find it necessary for the applicant to submit alternative plans as the existing roadway sections and the proposed expansions did not make it possible for the stream to flow in an open condition. XI. ANALYSIS OF STREAM BUFFER INTRUSION PURSUANT TO FWRC 19.165.070 Essential Public Facilities, Public Utilities and Other Public Improvements - The director of community development may permit the placement of an essential public facility, public utility, or other public improvements in a setback from a stream if he or she determines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. Findings & Conclusions The following analysis and decisional criteria is provided in accordance to the intrusion into setbacks with regard to essential public facilities section of the city's CAO as codified in FWRC 19.165.070. File #09-104380-00-UP / Doc ID 52650 WSDOT Triangle Project Page 8 of 17 Healing Examiner Staff Report Due to roadway sections expansions and construction ❑f new stormwater retentionlwater quality facilities, approximately 4.64 acres of stream buffer arca will be permanently impacted. Construction activities associated with the proposed improvements will temporarily impact approximately 1.28 acres of buffer area. As mentioned previously, several alternatives were developed and analyzed during the design process. The proposed plan was selected for its top scores in minimizing environmental impacts. Staff finds the proposed roadway improvements minimize buffer impacts to the extent possible. While not required by FWRC, the applicant has proposed offsite mitigation on the Corrington site that would provide buffer habitat to the North Fork of West Branch of Hylebos Creek. X11. ANALYSIS OF STRUCTURES, IMPROVEMENTS, AND LAND SURFACE MODIFICATIONS WITHIN REGULATED WETLANDS PURSUANT TO FWRC 19.175.030 A proposed retaining wall and grading activities to support roadway expansion along State Route 18 wilI result in the loss of Wetland M and Wetland N (Exhibit H, Pages 19 & 20). Total improvements and surface modifications to the wetlands total 0.23 acres, which the applicant proposes to mitigate at a WSDOT owned 3.37 acre parcel (Corrington site) containing existing in -kind wetlands and the North Fork of HyIebos Creek. The applicant has chosen off -site mitigation opposed to onsite mitigation as it will provide a greater increase of wetland and wildlife habitat values for the overall Hylebos Creek watershed. Onsite mitigation is not a practical approach due to the adjacent high use of automobile traffic and resulting in limited potential for wildlife habitat. Findings & Conclusions The following analysis and decisional criteria is provided in accordance to the structures, improvements, and land surface modifications within regulated wetlands section of the city's CAO as codified in FWRC 19.175.030. FWRC 19.175.030(5)(a), Mitigation Plan Elements i) Environmental Goals and Objectives The goal of the proposed mitigation is to ensure that no net loss of wetland functions and values occurs as a result of the proposed wetland and buffer impacts. The plan proposes to reach the goal by achieving these objectives: • Creation of 0.32 acres of new wetland. • Enhancement of 1.37 acres of existing emergent wetland • Enhancement of 1.09 acres of wetland and riparian buffer. • Improve water quality, hydrologic, and habitat functions of wetlands by increasing flood storage capacity and adding additional vegetation classes. ii) Performance Standards Performance standards provide benchmarks for measuring achievement of the goals and objectives of the Corrington site within a specified period Hydrologic — Years 1, 2, and 3 — The soils will be saturated to within six inches of the surface, or standing water will present within 12-inches of the surface for at least four consecutive weeks of the growing season in years when rainfall meets or exceeds the 30-year average. WSDOT Triangle Project Hearing Examiner Staff Report File #09-104380-00-UP / Doc ID 52650 Page 9 of 17 Year 10 — The Corrington wetland area will be delineated using current methods to assure that the mitigation site contains a minimum of 0.32 acres of created wetland. Wetland and Buffer Vegetation — ecies will achieve an average density of Years 1 and 3 — Native wetland woody sp at least four plants per 100 square feet in scrub -shrub and forested communities. Year 3 — Aerial cover of native herbaceous species will be at least 30 percent in emergent areas. Year 5 — Aerial cover of native scrub -shrub and forested communities will be at least 35 percent. Year 7 — Aerial cover of scrub -shrub and forested communities will be at least 50 percent. Years 1, 3, 5, and 7 — Class -A noxious weeds and invasive species will not exceed 25 percent of aerial cover. Year 10 — Aerial cover of native scrub -shrub and forested communities will be at least 60 percent. Wildlife Structures — Year l — Ensure the following structures have been planted within the wetland and buffer areas and meet the specific size requirements within the mitigation plan. • Ten large woody debris items • Four snags • Five habitat brush piles iii) Detailed Construction Plans The following plans (Exhibit M) prepared by B erger/Abam provide a comprehensive overview of construction activity: • General notes &legend • Site prep, Temporary Erosions and Sedimentation Control (TESC), and staging ■ Grading • Cross sections • Planting, details, and data sheet iv) Timing Following installation of erosion control items, grading of the offsite mitigation site will begin during the spring/siunmer And will last approximately three weeks. The site will be prepared and soil rernediated in the northern portion of the property after grading has been completed. The installation of the proposed wildlife habitat enhancement features will follow grading. File #09-104330-00-UP / Doc ID 52650 WSDOT Triangle Project Page 10 of 17 Hearing Examiner Staff Report All bane ground will be covered with a four -inch layer of mulch and hydroseed. Woody vegetation and aquatic plugs will be planted between December I" and March 31a'. v) Nfotnitoring Pi-ogr'arn., for• rr Milliirllip�1 of Five Years WSDOT has proposed a monitoring program of the Carrington site for 10-years following installation of the mitigation items. If perfonnance standards are achieved in less than 10 years, WSDOT will terminate the monitoring, The city's Critical Areas Ordinance does require a minimum of five years of monitoring with no option of early termination. Monitoring will be designed to determine if the performance measure/standards have been met. Quantitative and qualitative monitoring will be completed and documented in the I"', 2"d, P, 51", 7u, and I0"' years following mitigation construction. Monitoring reports will be submitted to the city for review and comment. vi) Contingency Plan Hy"urology — Contingency measures will be implemented based on observed conditions or monitoring data. Steps to address insufficient or excessive hydrology are: • Clearly identify the source of the problem • Consult with the mitigation design team to determine an appropriate course of action. • Adjust elevation or install water management structures to achieve appropriate hydrologic conditions. Vegetation — Contingencies for plant mortality and poor plant cover include: • Plant replacement • Weed control • Herbivore control • Fence installation and sensitive area signage Wildlife Structures — Replace or repair missing or damaged structures. FWRC 19.175.030(5)(b), Mitigation Applicants are permitted to choose creation, restoration, or enhancement as a means to adequately mitigate permanent impacts to regulated wetlands. To mitigate the permanent impacts to the 0.03 acre Category 11 Wetland M and 0.20 Category III Wetland N, the applicant proposes offsite compensatory mitigation that includes creation and enhancement. Project site mitigation was not chosen as the Corrington site would provide a higher functioning wetland and habitat value to the drainage basin than providing mitigation adjacent to roadways. The Corrington mitigation site contains a Category I wetland and is within the same drainage basin (Hylebos Creek) as the two wetlands that will be permanently impacted. The site was chosen for its high potential for success and relatively low development that surround the area. As shown in the tables below, and presented in the mitigation plan (Exhibit H), the proposed mitigation will result in no net loss of wetland area and exceeds in -kind requirements. Minimum acreage mitigation ratios pursuant to FWRC 19.I75.030(5)(c) are satisfied. WSDOT Triangle Project Hearing Examiner Staff Report File #09-104380-00-UP / Doc ID 52650 Page 11 of 17 FWRC 19.175.030(5)(c), Minimum Acreage Mitigation Ratio Minimum Mitigation — The following mitigation ratios apply to each of the following permanently affected wetlands. Wetland Creation/ Enhancement Required Acreage of In -Kind Mitigation Rating/Size Restoration 0.06 creation/restoration, or 0.12 Wetland M 4:1 enhancement Category II 2:1 0.03 acres 0.30 creation/restoration; or 0.60 Wetland N Category III 1.5:1 3:1 enhancement 0.20 acres 0.36 creation/restoration; or 0.72 Total enhancement 0.23 acres Proposed Mitigation — The applicant proposes to mitigate each affected wetland on the Carrington site using a combination of creation and enhancement. While the creation ration is short 0.04 acres of the minimum, the enhancement component exceeds the 0.72 minimum Staff finds the ratios provide adequate mitigation as it provides a near 7:1 acre ratio of mitigation and no net loss of wetlands within the Hylebos Creek basin. Enhancement Total Acreage of Wetland Creation In -kind Mitigation Rating Carrington Site 0.32 acres 1.37 acres 1.69 acres Category I FWRC 19.175.030(5)(d), Tinning The applicant proposes off -site mitigation work to begin concurrently with construction of the Triangle Project. State law prohibits the city to require WSDOT to provide a performance and maintenance bond for the mitigation construction. FWRC 19.175.030(5)(e), Inspections As a code based condition, the applicant will be required to submit monitoring reports, conducted by a professional approved by the city, for a minimtun of five Years following completion of the mitigation project. Wetland Mitigation Approval Criteria a) It will not adversely affect water quality - The off -site mitigation site will not adversely affect water quality as it will create an additional Category I wetland and enhance the existing wetlandbuffer. Such improvements provide a natural detention and filtration process that prevent pollutants from traveling downstream. Therefore, the proposed wetland mitigation will not adversely affect water quality. b) It will not adversely cIect the existing g1tality of the wetland's or buffer's wildlife habitat. The mitigation plan will have habitat features that include large woody debris, snags; and wildlife habitat brush piles. Habitat features and native wetland vegetation File 909-104390-00-UP / Doc ID 52650 WSDOT Triangle Project Page 12 of 17 Hearing Examiner Staff Report plating will provide a significant improvement to the existing site conditions as it has lost plant diversity due to invasive species becoming established on most of the property. `therefore, the proposed wetland mitigation will not adversely affect the existing quality of wetland or buffer wildlife habitat. c) It will not adversely affect drainage or stor"I vater retention capabilities. The net increase in wetlands, coupled with the enhancement of existing wetlands, will provide a larger more improved functioning area to store and treat stormwater before it is naturally released downstream Therefore, the proposed wetland mitigation will not adversely affect drainage or stormwater retention capabilities. d) It will not lead to unstable earth conditions nor create erosion hazards. Typical erosion and sedimentation practices such as silt fencing, covering exposed soils, and berms will provide adequate erosion control. Grading activities will take place during the summer construction window. Proposed contours and native vegetative planting will provide erosion control and stabilization following construction. Therefore, the proposed wetland mitigation will not lead to unstable earth conditions or create erosion hazards. e) It will not be materially detrimental to any other propel-ty, in the area of the subject property, mar to the city as a whole, including the loss of open space. Much of the surrounding area is designated open space and lower density residential owned by the city or state. Wetland and riparian enhancement activities on the Corrington site will improve the Hylebos Creek watershed by increasing habitat and hydrological functions. Therefore, the proposed wetland mitigation will not be materially detrimental to any other property in the area, the city as a whole, or result in the loss of open space. fJ It will result in no net loss of wetland area, function, or value. Off site wetland mitigation will provide approximately 7:1 ratio of in -kind mitigation via creation and enhancement. Although 0.23 acres of wetlands will be permanently impacted, 0.32 acres of wetland will be created and 1.37 acres will be enhanced. Functions and values of the mitigated area include flood flow attenuation; sediment removal; toxicant and nutrient uptake; habitat for amphibians and aquatic invertebrates; and general fish habitat. Therefore, the improvements will result in no net loss of wetland area, fimction or value. g) The project is in the best interest of the public health, safety, or welfare. The Triangle Project will improve safety, relieve congestion, and improve mobilityfor the citizens of Federal Way. The proposed mitigation will result increased habitat and hydrological functions that will ultimately improve the Hylebos Creek watershed. Therefore, the proposal is in the best interest of the public health, safety, or welfare. h) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. The applicant has provided a wetland mitigation plan prepared by wetland scientists contracted by Berger/ABAM with consultation provided by the Army Corp of Engineers. The site will be monitored for a minimum of five years with status updates provided to the city, Washington State Department of Ecology, and Army Corp of Engineers. Therefore, the applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. WSDOT Triangle Project Hearing Examiner Staff Report File #09-104380-00-UP / Doc ID 52650 Page 13 of 17 rollitoring the project and to staking corrections if the project i) The applicant is committed to rr frcils to ineet the projected goals. Ian, which the The city's Critical Areas Ordinance requires a five year monitoring p applicant has extended to ten -years. Contingency plans have been provided for failures associated with hydrology, vegetation, and wildlife structures. Therefore, the city finds the applicant is committed to monitoring the project and to making corrections if the project fails to meet projected goals. XIII. ANALYSIS OF STRUCTURES, IMPROVEMENTS, AND LAND SURFACE MODIFICATIONS WITHIN WETLAND BUFFERS PURSUANT TO FWRC 19.175.040 Essential Public Facilities, Public Utilities, and Other Public Improvements — The director of community development may permit the placement of an essential public facility, public utility, or other public improvements in a regulated wetland buffer if he or she determines that the line or improvement must traverse the buffer because no feasible or alternative location exists, based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the buffer must constitute the minimtun necessary encroachment to meet the requirements of the public facility or utility. Findings & Conclusions The following analysis and decisional criteria is provided in accordance to the structures, improvements and land surface modifications within regulated wetland buffers with regard to essential public facilities section of the city's CAO as codified in FWRC 19.175.0400. Temporary Encroachments — Construction activities associated with the proposed road improvements will require temporary wetland buffer intrusions totaling 0.60 acres. As shown in the wetland mitigation plan (Exhibit H, Pages 22-25), the temporarily affected wetland bufferss are M, K, P, U, and AB. The lcant or nat�ehrubltes to mi'ee plantings tigate the where pppt construction imp by re -vegetation via hydro -seeding Permanent Encroachments — Wetland buffer intrusions to accommodate new structures and improvements total 1.05 wetland d buffers are M, P, U,atio-n plan a d ,g sheets (Exhibit H, Pages 22-25), the permanently affected 1. Wetland M — Permanent impacts to wetland buffer M, totaling 0.56 acres, are required due to gradelfill, expansion of the roadway. and the installation of a retaining wall. 2. Wetland P — permanent impacts to wetlandbuf£er P, totaling 0.12 acres, are required due to grade/fill and expansion of the roadway. 3 Wetland U — Permanent impacts to wetland buffer U, totaling 0.14 acres, are required due to grade/fill activities associated with roadway replacement. 4. Wetland AB — Permanent impacts to buffer AB, totaling 0.23 acres, are required due to grade/fill activities, stormwater facility improvements, retaining wall, and expansion of the roadway. The applicant proposes approximately 1-03 acres of wetland buffer enhancement at the Corrington compensatory site to offset permanent buffer impacts within the project area. Enhancements File #09-104390-00-UP/Doc ID 52650 WSDOT Triangle Project Page 14 of 17 Hearing Examiner Staff Report include native plantings, large woody debris, and habitat brush piles. Such mitigation. is not a requirement for wetland buffer encroachments associated with essential public facilities. In order to avoid and minimize buffer impacts, the applicant chose the current design from l I total alternatives. The current option was chosen, in part, due to its minimized impact to the environment. Total avoidance of the wetland buffer was not possible due to existing roadway segments and constraints associated with safety and design guidelines. Staff finds the proposal constitutes the millimum necessary encroachment. XIV. PROCESS IV HEARING EXAMINER DECISIONAL CRITERIA AS LISTED WITHIN FWRC 19.70.150(3) a) It is consistent with the cwrapr pensive plan. The proposed environmental mitigation is consistent with thi,- following goals and policies of the Federal Way Comprehensive Plan (FWCP). NEP4 — The City should work in concert with internal departments, state, and regional agencies, as well as with neighboring jurisdictions and tribes, to protect sensitive areas and the ity's natural environment. NEGS — Protect, restore, and enhance the City's lakes and streams. NEP37 — Erosion control measures shall be used for any work in or adjacent to stream or lake buffers. NEP39 — Essential public facilities and utilities may cross lakes or streams where no other feasible alternative exists. The amount of intrusion shall be the minimum necessary to complete the project. NEG7 — Protect and enhance the functions and values of the City's wetlands. NEP43 — The City will protect its wetlands with an objective of no overall net -loss Of functions or values. NEP44 — The City shall, as a minimum standard, use the methodology in the March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology Publication #9.6-94) as set forth in WAC 173-22-080, as it exists as of November 1, 1999, or as subsequently amended for identification and delineations of wetlands within the City. NEP49 — Mitigation sites should replace or augment the wetland values to be lost as a result of a development proposal. Sites should be chosen that would contribute to an existing wetland system or, if feasible, restore an area that was historically a wetland In addition to the goals and policies mentioned above, the Triangle Project is specifically included as the ciy's highest priority project on Interstate-5 on FWCP page 111-38. The proposal is consistent with the following goals and policies from the transportation element of the comprehensive plan: WSDOT Triangle Project Hearing Examiner Staff Report File #09-1043,90-00-UP / Doc ID 52650 Page 15 of 17 XV TG2 — Provide a safe, efficient, convenient and financially sustainable transportation system with sufficient capacity to move people, goods and services at an acceptable level of service. TG9 — Improve movement of freight and goods throughout the region and within the city, while maintaining quality of life, realizing the vision of our comprehensive plan, and minimizing undue impacts to city infrastructure. TPI 1 — Coordinate street and roadway improvement programs with appropriate state, regional and local agencies. b) It is consistent with all applicable provisions of this title and all other applicable laws. The application has been reviewed under the FWCP and FWRC Title 19 `Zoning and with sion V applicical Areas.' The Develant nt act dCas lead agency de'�and issued a DNSal attention to Ionn May 11,t2007, pursuant to appllcant acted SEPA. The applicant has also submitted a Joint Aquatic Resources Permit Application (JARPA) form (Exhibit N). c) It is consistent with the public health, safety, and welfare. The Triangle Project will improve safety, relieve congestion, and improve mobillty for the citizens of Federal Way. Offsite mitigation will provide additional wetlands and improved function and value to the Hylebos Creek drainage basin. d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal. The Triangle Project will alleviate congestion and safety problems within the State Route 161, State Route 18, and Interstate 5 corridors. e) The proposed access to the subject property is at the optimal location and configuration. Not applicable. The Triangle Project is an improvement to existing state and interstate roadways. fl Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. estion, increase As mentioned previously, the Triangle Project will reduce traffic cong vehicle and freight mobility, and address safety issues as a result of additional automobile use in the corridor. RECOMMENDED CONDITIONS OF APPROVAL 1. As required by FWRC 19.165.47-0(5), prior to diverting water into the new channel, a qualified professional approved by the city shall inspect the new channel following its completion and issue a written rep ort to the director of community development stating that the channel complies with the requirements of this section. 2. As required by FWRC 19.165.020(3)0), the applicant shall submit a phasing plan upon selection of a chosen contractor for stream relocation activities. 3. As required by FWRC 19.175.030(5)(v), the applicant shall monitor the Corrington wetland compensatory inipgation site for a minimum of five years. File #09-104380-00-UP ( Doc ID 52650 WSDOT Triangle Project Page 16 of 17 Hearing Examiner Staff Report 4. As required by FWRC 19.175.030(e), the applicant shall submit monitoring reports, per scheduling provided in the wetland mitigation plan, for a minimum of five years following completion of the mitigation project. Any third party review fees incurred by the city shall be reimbursed by the applicant. 5- The applicant shall obtain an engineering permit for grading activities on the Corrington, stream relocation and stream culverting areas. LIST OF EXHwrrs Note: Copies of the exhibits listed below are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. Copies of exhibits may be obtained upon request at the City of Federal Way's Department of Community Development Services. Exhibit A — I-5 - SR161/SR 18 Triangle Improvements Project Description Prepared by WSDOT Exhibit B — Project Area Vicinity Map Prepared by WSDOT Exhibit C — Temporary Construction Easements and Vicinity Map Exhibit D — Compensatory Mitigation Site Vicinity Map Exhibit E — Notice of Application Exhibit F — Notice of Public Hearing Exhibit G— Determination of Nonsignificance (DNS) Issued by WSDOT, May 11, 2007 Exhibit H — Draft Wetland Mitigation Plan Prepared by Berger/ABAM, February 2009 Exhibit I — Draft Stream Mitigation Plan Prepared by Berger/ABAM, February 2009 Exhibit J — Stream Relocation Plan Exhibit K — Hylebos Creek Tributary 16A Habitat Assessment Exhibit L — Withdrawn Exhibit M — Corrington Site Construction Plans Exhibit N — Joint Aquatic Resources Permit Completed by WSDOT, October 22, 2008 TAANsAa1 Tw To THE PARTIES LISTED HEREAFTER: Hearing Examiner— Phil Olbrechts, Ogden Murphy Wallace, 1601 5ei Avenue, Suite 2100, Seattle, WA 93101 Project Applicant — Allison Hanson, Director of Environmental Services, ESO Mega Projects, WSDOT, 999 P Avenue, Suite 2424, Seattle, WA 98104 Federal Way Staff— Associate Planner Matthew Herrera and Senior Engineering Plan Reviewer Ann Dower WSDOT Triangle Project File #09-104380-00-UP / Doc ID 52650 Hearing Examiner Staff Report Page 17 of 17 CITY OF Federal illl'ay NOTICE OF APPEAL LAND USE PROCESS IV `HEARING EXAMINER' DECISION Triangle Project File No. 09-104380-00-UP Notice is hereby given that Federal Way City Council will hold a public hearing at 5:30 p.m. or soon thereafter on Tuesday, .Tune 15, 2010, in the Federal Way City Council Chambers, 33325 8"' Avenue South, Federal Way, WA. Project Description: The applicant {WSDOT} is appealing a Proce:;s IV `Hearing Examiner' decision pursuant to Federal Tray Revised Code Chapter 19.70. The project includes clearing and grading activities, affsite compensatory wetland mitigation, permanent/temporary wetland buffer intrusions, and stream culverting/relocating associated with the replacement of Interstate 5 and SR l8 interchange cloverleaf ramps and new direct connection from westbound SR 18 to SR 161 in the vicinity of South 359" Street. Scope of Appeal: The appellant has alleged an error in the Hearing Examiner's decision with regard to Conclusion of Law #21, Finding of Fact #5, and Finding of Fact #6 as they relate to Condition #5 of the Staff Report to the Federal Way Hearing Examiner. The condition requires the applicant to obtain engineering approval prior to construction for areas outside the WSDOT right-of-way from the Public Works Department. The appellant contends the condition " [..] violates the plenary authority over state highways vested in WSDOT by state statute, particularly RCW 47.01.260." Applicant: Allison Hanson, Washington State Department of Transportation, 401 2"d Avenue South, Suite 300, Seattle, WA 98104 Appeal Procedure: The applicant, the city, and persons who submitted written or verbal comments to the Hearing Examiner or specifically requested a copy of the written decision may appeal the Hearing Examiner's decision. A written notice of appeal must be delivered to the department within 14 calendar days following issuance of the land use decision. Persons entitled to appeal the decision may participate by submitting written comments to the Department of Community Development Services prior to the hearing; and/or by appearing in person or through a representative at the hearing to provide verbal comments directly to the city council. Staff Contact: Matthew Herrera, Associate Planner, 253-835-2638 PAGE Doc. L D 53864 CITY OF L Federal Way January 26, 2010 Brigid Dean Washington State Department of Transportation 401 2nd Avenue South, Saute 400 Seattle, WA 98104 CITY HALL FILE 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Email to: deanb@wsdot.wa.gov jlo55@aol.com RE: FILE #09-104380-00-UP; THIRD PARTY WETLAND REVIEW WSDOT Triangle Project, I-5/SR18/SR 161 Interchange, Federal Way Dear Ms. Dean: The city's wetland consultant has completed their review of the Triangle Proj ect's wetland analysis prepared by Berger/ABAM and CH2M Hill. Prior to scheduling a public hearing, items requested in the "Recommendation" portion of the Adolfson analysis shall be provided. Those items include: 1. Further investigation of Wetland M to determine if data plot (DP-M-3) contains wetland hydrology. 2. Reevaluate Tributary 16b to determine whether it is a stream or wetland; assign appropriate buffer and address impacts. 3. Assign appropriate city wetland categories for Wetlands AB, U and E. 4. Wetland creation ratios shall meet the city's Critical Areas Ordinance requirements. 5. Plan revision and impacts calculation based upon updated wetland/stream categories and buffer widths. If you have any questions regarding the requested information or general questions regarding your land use application, please contact me at 253-835-2638 or matt.herrera@cityoffederalway.com. Sincerely, Matthew Herrera Associate Planner enc: ESA Adoltson Memorandum c: Fedway Marketplace East, LLC, c/o Michael John Klein, 5743 Corsa Avenue, Suite 216, Westlake Village, CA 91362 Ann Dower, Senior Engineering Plans Reviewer Doc. I.D. 52751 4 streams. The Draft Dream Mitigation Plan (February 2009) identifies ies se are described 10-0016a and 1Tributaries 1 are 0016, 10-0016a, 10-0016b, and 10-0006. In the mitigation pan, Tributar assigned 100-foot buffers. Tributary 10-0016b was not assigned a buffer. The mitigation plan does not describe how 100-foot buffer widths were determined, and the City of Federal Way stream classification system was not mentioned in the plan document. According to the Draft Stream Mitigation Plan the Triangle Project will permanently impact 4.44 acres and temporarily impact 1.28 acres of Tributary 10-0016a riparian buffer. The plat' also proposes 0.20 acre of temporary riparian buffer impacts to Tributary 10-0016 (refer to Figure 6 of Draft Stream Mitigation Plan). The mitigation plan proposes to offset impacts with 1.09 acres of riparian enhancement, 0.05 acre of off -channel stream creation and 0.14 acre of stream enhancement.. Refer to submitted JARPA and Draft Stream Mitigation Plan (Figure 11) for additional details about stream impacts and proposed stream mitigation. According to the bos Draft Stream Mitigation Plan, the proposed mitigation area includes one major stream (North The � Fork and West H gleams Creek) and one minor stream (flowing east to west) across the Carrington property. each receive 100-foot and 50-foot buffers, respectively. Wetlands The Final Wetlands Discipline Report (October 2006) describes 13 wetlands that were delineated within the project area in 2005. A previous 2002 delineation (Wetland U-1) is included in the 0e � study ahea for tot l e Delineation of Wetland N Memorandum (October 21, 200&) added an additional wetland (N) within of 15 wetlands. According to the Final Wetland/Biology Report (October 2006) and D, neatiorr of Wetland NMenrorundum (October 2008), the study area wetlands are categorized as follows, based upon FWRC Chapter 19.175: e ion Area WetlandsLikely III Likely II I It should be noted here that one of the non -wetland data plots (DP-M-3) recorded during the delineation of Wetland M actually represented wetland conditions, DP-M-3 contained hydric soils and hydrophytic vegetation including an obligate species. No hydrology was recorder at this Iocation in 2005; however, the delineation was performed in June. According to the Dr uft f*tlurrd Mitigation Plan (February 2009), a total of 0.23 acres of permanent wetland impacts (Wetlands M and N) and a total of 1.05 acres of permanent wetland buffer impacts are proposed. A total of 2.78 acres of oft -site wetland and buffer mitigation are proposed, including 0.32 acre of wetland creation, 1.37 acres of wetland enhancement, 0.06 acme of upland preservation, and 1.03 acres of buffer enhancement. Field Investigation ESA biologists Adam Merrill and Rosemary Baker conducted site visits on December 29 and 30, 2009 to verify wetland and stream boundaries and their categorization in accordance with FWRC. Streams Two unnamed tributaries (10-0016 and 10-00I6a) were observed within the study area during the field investigations. Ordinary High Watermark (OHWM) flags were still present along Tributary 0016 and Tributary 00I6a at the time of our visit and all still appeared correct. No flowing water, stream channel, or OHWM flags for Tributary 10-0016b were observed; however, an area of shallowly ponded water within uneven ground was observed to the north and upslope of Tributary 16b. A fourth delineated stream (10-0006) occurs outside the impact study area and was not investigated during this review. Wetlands Many wetland boundary flags had deteriorated or were missing since the 2002 and 2005 delineations but enough remained to ascertain that original boundaries were generally correct. In general, Wetlands AB, D, E, F, G, H, JIKIL, N, O, P, Q, T, U, and U-i contained wetland hydrology, hydric soils and vegetation, and appeared to have nd hydrol been properly delineated within the study area. Wetlands AB, O, P, Q, T, U, and U-I are riparian wetlands th associated with Tributary 16a, a headwater of West Hylebos Creek. Wetland E appeared to extend further to e south beyond the project boundaries based upon vegetation and a continuous opening in the canopy. Wetland E is located close to and within the same forested tract as Wetland G and according to the wetlands report both E and G extend to the south beyond the study area. National Wetlands Inventory (NWI) mapping indicates these wetlands are portions of a larger contiguous palustrine forested (PFO) wetland. ring our visit; however, the original boundary Wetland M boundary flags were not observed ducould be ascertained based upon existing vegetation, topography, and an aerial image from Exhibit I of The Delineation of R'etlarzd MMemnrcrrrdurra. In general, the buffer of Wetland M and the area containing Tributary 16b within the WSDOT right -of --way is disturbed due to maintenance activities and the original construction of SR-1 R. ESA found an area outside of the original Wetland M delineation that appeared to meet wetland criteria. This area was located east of Wetland M and north of Tributary l6b along the WeyerhaeuserlWSDaTOroperty line, The area is vegetated by a stand of quaking aspen (Populus tremuloides), Douglas spirea (/W SDa dnuopert ), soft rush {Jrrrrccrs e,�irsru) and bentgrass (Agroslis sp.). Soils were very wet to saturated during our December 2009 site visit and were a dark grayish brown 2.5 Y 4/2 with distinct and common, grayish brown 10YR 516 redoximorphic features. Additionally, shallow surface water was observed amongst hummocky uneven ground in this area, north of Tributary 16b, that appears to meet wetland criteria. Discussion Under FWRC 19.165.070 public improvements can be located within stream setbacks to streams if no feasible alternative location exists. Based upon our on -site observations it appears that the locations of the proposed roadway improvements minimize stream buffer impacts to the extent possible and that proposed mitigation measures satisfy the intent of the FWRC. ESA agrees with the boundaries of Wetlands AB, D, E, F, G, H, 3l", N, O, P, Q, T, U, and U-1 based upon field indicators of hydrology, soils, vegetation, and topography observed during our December 2009 site visits. The 2005 delineation of Wetland M includes an upland plot (DP-M-3) in the area that appeared to be wetland during ESA's 2009 visit. DP-M-3 contained hydric soils and hydric vegetation including an obligate species. No hydrology was observed at this location in 2005; however, the delineation was performed in June. It ems likely that wetland hydrology exists in this area during the early growing season (March through May) longenough meet wetland criteria in accordance with Army Corps of Engineers (US COE) guidance. ESA disagrees with the categories assigned to Wetlands AB, U, and E based on the FWRC wetland categorization scheme. Wetlands AB and U are riparian wetlands associated with Tributary 16a, a headwater of West Hylebos Creek. Other wetlands in this study (Wetlands O, P, T, and U-1) associated with Tributary 16a were assigned Federal Way Category II status. According to FWRC 19.175.020, "wetlands contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent. - II status considered ace dance wt withFWRCIds by the 5 42fl ity. We believe that Wetlands AB and U should receive Category Wetland E received a Category Il rating in the Final WeilandslBiology Report. It is located close to and within the same forested tract as Wetland G which received a Category I rating. According to the wetlands report both E and G extend to the south beyond the study area. National Wetlands Inventory (NWI) mapping indicates these wetlands are portions of a larger contiguous palustrine forested (PFO) wetland. Based upon NW1 data and observations made by ESA in thWfi�i��we believe that RC 19.175 D20` unlessthe applicant rececan demonstrate that they ve a Category I wetland are rttiatus �d a 200-foot buffer in accordance connected to the larger wetland. Miti ation Ratios 2:1 creation for Federal Way requires a ratio of 3:1 creation for impacts to Category II forested wetlands, Category 11 scrub -shrub wetlands, and 1.5:1 creation for impacts to Category III scrub -shrub wetlands ds reguegvry II lated by the City. For wetland enhancement the City requires 6:1 for Category II forested wetlands, scrub -shrub wetlands, and 4:1 for Category III forested wetlands. The FWRC is not specific on replacement ratios for wetland buffers. The Wetland Mitigation Report states that impacts to the Federal Way Category III wetland (Wetland N) is 0.20 acres and therefore proposes 0.19 acres of wetland creation (less than 1:1) and 0.77 acres of wetland enhancement (8:1). The minimum allowable ratio for wetland replacement is not satisfied by this proposed amount according to FWRC 19.175.030 (iv). While the mitigation concept appears sound, the applicant will need to provide justification for not satisfying the wetland mitigation ratio specified in the FWRC. Recommendations Based upon our review of the above submitted materials and observations made during the site visits, we recommend the following: • The area east of Wetland M and north of Tributary 16b should be re -investigated during the early part of the growing season to ascertain whether the Wetland M should be extended to the east toward Wetland N. ■ Tributary 16b should be re-evaluated to determine whether it is stream or wetland; if it is stream, boundary pin flags should be placed in the field for City of Federal Way review. IfTributaryl6b is stream, it should be assigned a Federal Waycategory and buffer. Stream buffer impacts to Tributary 16b, if any, should be addressed. City of Federal Way wetland categories should be updated for Wetlands AB, U, and E to Category II, II, and 1, respectively, or sufficient justification for their original categories should be given. 4 • Justification for not satisfying the FWRC wetland creation requirements will need to be provided. ■ Revise project plans and impact calculations based upon updated wetland and stream categories and buffer widths and resubmit for City of Federal Way review. Limitations Within the limitations of schedule, budget, and scope -of -work, we warrant that this study was conducted in accordance with generally accepted environmental science practices, including the technical guidelines and criteria in effect at the time this study was performed. The results and conclusions of this report represent the authors' best professional judgment, based upon information provided by the project proponent in addition to that obtained during the course of this study. No other warranty, expressed or implied, is made. Thank you for the opportunity to prepare this letter for you. If you have any questions, please call me at (206) 789-9658. If I am not available, you may also speak with Lizzie Zemke at the same number. Sincerely, ESA Adolfson zmku,� Rosemary Baker Associate Scientist Cc: Lizzie Zemke, Senior Scientist 1�kCITY OF Federal Way January 8, 2010 CITY HALL FiLE 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Brigid Dean Email to: deanb@wsdot.wa.gov Washington State Department of Transportation jlo55@aol.com 401 2nd Avenue South, Suite 400 Seattle, WA 98104 RE: FILE #09-104380-00-UP; TECHNICAL COMMENT LETTER WSDOT Triangle Project, I-5/SR18/SR 161 Interchange, Federal Way Dear Ms. Dean: The city's Development Review Committee (DRC) is currently reviewing the Process IV Master Land Use application for the proposed WSDOT Triangle Project. Site improvements include clearing and grading activities associated with construction of Interstate 5 interchange improvements within Federal Way city limits. Critical area impacts include stream relocation, stream culverts, stream buffer intrusion, wetland buffer intrusion, and offsite wetland compensatory mitigation. The application was deemed complete December 17, 2009. TECHPIICAL COMMENTS Unless otherwise noted, the following comments provided by DRC staff reviewing your project must be addressed prior to scheduling a public hearing. Please direct questions regarding any of the technical comments to the appropriate staff representative. Matthew Herrera, Planning Division, 253-835-2638 and matt.herrera@cityoffederalway.com 1. Clearing and Grading — Although the road improvements are within WSDOT right-of-way, they are not exempt from the city 's. clearing and grading regulations due to the expansion of the road surface. As a component of Process IV application, clearing and grading approval will be required pursuant to Federal Way Revised Code (FWRC) 19.120.020. Please submit a clearing and grading plan prepared by a licensed engineer that includes the following information: a. Identification of existing slope depicting: areas with zero percent to 15 percent slope; areas with 15 percent to 40 percent slope; and areas of 40 percent or greater slope; b. Proposed grades; C. Designation of all wetlands and streams that are on or within 200 feet of any area to be disturbed by the proposed clearing and/or grading action; and d. Location and description of proposed erosion -control devices and structures. 2. Third Party Review Fees — The city has not received the $3,500.00 payment for third party wetland and stream review. Please remit payment to the department's permit center. Ms. Dean January 8,2010 Page 2 3. WetlandlStrearn Review — As of the date of this letter, ESA Adolfson is in the process of reviewing the submitted environmental documents. I will forward their comments as soon as they are completed with the review. Ann Dower, Development Services Division, 253-835-2732 and ann.dower@cityoffederalway.com 1. The city's SWM division has had to perform routine maintenance of WSDOT drainage facilities within limited access ROW to reduce the excessive amount of sediment entering our SR161 system. This is due to a combination of the following: a. Inadequate sweeping of roadway debris and winter sand along SR18 east of SR161; b. A lack of drainage system maintenance on SR18 (inadequate CB sump vactoring and/or ditch cleaning); and C. A lack of adequate sedimentation facilities upstream of the outfalls to SR161 on the north and south sides of SR18. Staff is concerned that both temporary and permanent erosion and sedimentation control be adequately maintained. 2. The proposed Ecology Embankment (WQ Ditch) along the south side of SR18 is located on a steep side hill with high potential for unwanted infiltration and/or overflow into the adjacent commercial developments. In one area, an existing retaining wall down slope of the ditch could be compromised. Based on existing clogged ditches and pipes in the vicinity, staff is concerned that future WSDOT maintenance of this drainage system might not be adequate, thereby increasing the potential of overflow onto the adjacent property. The ditch should be piped in this area to eliminate impact on neighboring commercial properties. 3. Plans and supporting calculations and/or analysis are required for any clearing, grading, erosion control, or drainage revisions outside WSDOT right-of-way. 4. Engineering approval, which is a separate permit from Process IV approval, may be required depending on the scope of work proposed on private property within the city limits. Engineering approval is typically issued following the associated land use approval. If it is determined that engineering approval will be required, you may submit an application prior to the land use decision. APPLICATION STATUS Pursuant to Federal Way Revised Code development regulations, city departments are allotted 120 days to review and endeavor a decision on the Process IV application. Any period in which the applicant has been requested to correct plans or provide additional information is excluded from the 120-day period. As of today, the review period has stopped with 22 days used. The review period will begin within 14 days of a resubmittal of items requested/corrected. CLOSING When resubmitting requested information, please provide four copies of any reports and six copies of any plans, in addition to the resubmittal form. 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 null and 09-104380 Doc. ID. 52575 Ms. Dean January 8, 2010 Page 3 void and the City shall have no duty to process, review, or issue any decisions with respect to such an application. If you have any questions regarding this letter or your development project, please contact me at 253-835- 2638, or matt.herrera c@cityoffederalway.com. Matthew Herrera Associate Planner enc: Resubmittal Information Form c: Fedway Marketplace East, LLC, c/o Michael John. Klein, 5743 Corsa Avenue, Suite 216, Westlake Village, CA 913,62 Ann Dower, Senior Engineering Plans Reviewer 09-103380 Doc. I.D. 52575 Washington State Dew of Transportation Secretary rya of Transportation RESUBMITTED MAR 0 3 2010 March 2, 2010 CITY OF FEDERAL WAY BUILDING DEPT. Mr. Mathew Herrera, Associate Planner City of Federal Way, City Hall P.O. Box 9718 Federal Way, WA 98063-9718 ESO Mega Projects 999 Third Avenue, Suite 2424, MS NB82-230 Seattle, WA 98104-4019 206-267-68401 fax 20&382-5291 TTY: 1-800-833-6388 www_wsdot.wa_gov RE: File #09-104380-00-UP; WSDOT TRIANGLE PROJECT TECHNICAL REVIEW LETTER #2 Interstate 5/State Route 18/State Route 161 Interchange, Federal Way Dear Mr. Herrera: WSDOT has responded to your technical letter dated February 23 below. WSDOT responses are in italics. I. Comments from Matthew Herrera, Planning Division Environmental Review — The following items from the city's Critical Areas Ordinance (CAO) could not be located in the Draft Stream Mitigation Plan or Draft Wetland Mitigation Plan prepared by Berger/Abam dated February 2009. Please provide a response to each item below. Stream relocation criteria requires the creation of a narrow subchannel, where feasible, against the south or west bank. Page 33 of the stream mitigation plan mentions it, but provides no other details. Please provide a drawing and/or location of the subchannel. WSDOT response: Page 33 of the Stream Mitigation plan stated that a narrow subchannel would be provided if feasible. The new realigned stream segment was carefully meandered through a narrow area that -is bound to the west by existing native growth vegetation that was deemed to be valuable and to the south by the future off ramp to South 356"' street. Therefore a subchannel was not provided due to the limited area as well as the fact that the existing stream does not have a subchannel. 2. Stream relocation criteria requires a proposed phasing plan specifying time of year for all project phases. Please provide a response. WSDOT response: Contractor will develop phasing plan (Contractor yet to be determined). 3. Stream relocation criteria states the amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves the subject property. Please provide a response. WSDOT response: There are no sources of runoff entering or leaving the stream 16a within the realigned stream segment. Therefore, there will be no increase or decrease inflows or velocities as the stream enters or leaves the subject property. 4.- The culvert must be designed and installed to allow passage of fish inhabiting or using the stream. Although fish do not currently inhabit the stream, would this culvert be fish passable for future fish? ,,WSDOT response: The culvert will follow Stream Simulation design criteria and will be made f ish passable. 5. The culvert must be large enough to accommodate a 100-year storm. Provide documentation that culverts and extensions will accommodate a 100-year storm. WSDOT response: The new culvert was designed to pass 100-year peak discharge using the �.( USGS regression equations for Washington State. Sheet SD5 and JARPA sheet 22 show the plans and specifications for the new culvert. Further information is provided in the attached 1 �Y n design process memorandum and calculations. �1/j ��5 Per USGS Fact Sheet 016-01 (March 2001), the estimated 100-year flood flow for the South VIII 356th Street culvert (NW-03 Box Culvert) and 48-inch culvert extension is 32 cfs (see attached). The design methodology for the new culvert followed the stream simulation process outlined in the WDFW manual which is based on the width and slope of the stream channel. As shown in the plans, the proposed NW-03 Box Culvert is a 6' by 10' bottomless box with a flow area of 3' by 10'. Based on the channel and culvert grade, the culvert has the capacity to pass a maximum flow of 120 cfs. Therefore, the NW-03 Box culvert has sufficient capacity to accommodate a 100-year storm. Based on the existing size and grade of the culvert under I-5, this structure along with the proposed 48-inch diameter extension is capable of handling 130 cfs. Therefore, the proposed extension is providing enough capacity to accommodate a 100-year storm under I-5. 6. The applicant shall, at all times, keep all culverts on the subject property free of debris and sediment so as to allow free passage of water and, if applicable, fish. Does WSDOT have regular maintenance crews in charge of keeping culverts clear? WSDOT response: WSDOT maintenance crews routinely inspect culverts to ensure they are clear of debris and functioning properly. Refer to p. 4-3 and 4-4 of the 2008 WSDOT Maintenance Manual (attached). Source manual is available online at: htt ://wwvv. wsdot. wa. ovI uUlications/niaizuaLs ulltextIM51-011Maintenance. d . If the City of Federal Way notices problems in this area, they should contact our Maintenance staff directly: Jerry Althauser, (253)372-3901. 7. Stream culverting requires that no significant habitat area will be destroyed. Explain how the culvert extensions and new culvert will not harm any significant habitat areas. WSDOT response: No significant habitat areas will be destroyed by the project. Culvert extensions will have minor impacts to stream and stream habitat. These impacts will be mitigated by creating new stream channel, removing existing culverts, and creating and enhancing stream buffers. 8. When (month/year) will the wetland mitigation construction begin? WSDOT response: Construction is estimated to begin in July 2010, actual phasing and construction schedule are at the discretion of the contractor (contraction is yet to be determined). Construction Easements — Please provide the city with copies of temporary construction easements for proposed stream and wetland activities on private property within city limits. • WSDOT response: 4 copies attached Additional Mitigation Plan Copies — Please provide the city with two additional copies of the above -referenced draft stream mitigation plan and draft wetland mitigation plan for the city's Hearing Examiner and City Clerk. • WSDOT response: 2 copies each attached 11. Comments from Ann Dower, Development Services Division 1. Plans and supporting calculations and/or analysis are required for any clearing, grading, erosion control, or drainage revisions outside WSDOT right-of-way. WSDOT response: All work for the project is in permanent WSDOT ROW or is covered by a construction easement as temporary ROW for the duration of the project. 2. Provide and maintain sedimentation basins on both the north and south sides of SR18, immediately east of SR161/161h Avenue South, upstream of existing westernmost city catch basins. WSDOT response: WSDOT has changed the grading at these two locations to better utilize the existing drainage system in addition to hand placing quarry spalls to create a flat surface. Please see attached plan sheets DD9 and D9. Verify that the Ecology Embankment ditch along the south side of SR18, near the westerly terminus with SR161, is designed to accommodate upstream flows. These flows would • • originate from the existing tightlined drainage along the south shoulder of SR18, east of the EB SR18-to-SB 1-5 onramp. , WSDOT response: WSDOT response: the purpose of the ecology embankment is not to collect upstream flows; the purpose of the ecology embankment is to collect sheet flow runoff from the adjacent roadway. Upstream flows cross under the WS-01 ramp and flow into a ditch that is routed to a drainage structure near Station WE-01 11 +20. Both the ditch and the drainage structure are designed to accommodate upstream flows. See attached sheets D9 and DP5 . 4. Either provide a copy of the recorded drainage easement from the parcel owner south of SR18 near westerly terminus with SR161, or revise the ditch design to provide outfall into the existing storm system. Note that concentration of flows and outfall to private property without an easement are not allowed. WSDOT response: Ditch design revised. The proposed ditch has been extended to the existing grate inlet in the southeast corner of the S. 348th Street and SR 161 intersection. The capacity of the ditch was checked and it can handle both the existing and proposed runoff from SR 18 and the realigned WS-01 ramp. Please see plan sheet D9 (attached). 5. Provide a copy of WSDOT maintenance requirements for Media Filter Drain (EE Ditch). WSDOT response: The existing media filtration drains that are in our system currently are visually inspected on a yearly basis. Since they are fairly new to our system we have not had to do any jet rodding or vactoring, no signs of accumulation of material. The only maintenance done has been to reestablish the top layer when an errant vehicle damages the surface or gravel media. If the City of Federal Way notices problems in this area, they should contact our Maintenance staff directly: Jerry Althauser, (253)372-3901. III. Other comments provided by the Public Works Department Surface Water Management Division on Map enclosed with Technical Review Letter #2. As requested, WSDOT has noted these comments below although they appear nearly identical to Ann Dower's comments in H above. 1. "Request that sedimentation basin be constructed and regularly maintained at this location." WSDOT response: see answer to #2 above. 2. "Request that sedimentation basin be constructed and regularly maintained at this location." WSDOT response: see answer to #2 above. 3. "Verify that design for EE Ditch accounts for upstream catchment area added by this Flow Diversion. WSDOT response: see answer to #3 above. �• 4. "Either provide copy of recorded drainage easement from parcel owner allowing concentration of flows and outfall into their system or revise design to outfall into existing WSDOT storm line below ditch." WSDOT response: see answer to #4 above. 5. "Forward copy of ongoing Maintenance requirements for Media Filter Drain (EE Ditch)." WSDOT response: see answer to #S above. Per the City of Federal Way standards for resubmittal, we have included four copies of all reports and six copies of all plan sheets, in addition to the resubmittal form (#2). If you have any questions, please contact Brigid Dean at (206)267-6504 or deanb@wsdot.wa.gov. Sincerely, Allison Hanson Director of Environmental Services for Mega -Projects, WSDOT Attachments: • resubmittal form (#2) 2 copies wetland mitigation plan ® 2 copies stream mitigation plan. • 6 copies of plan sheets: SD5 (262), JARPA sheet 22, D9 (475), DD9 (496), SP5 (328), SP10 (333), • 4 copies 3(count) easements • 4 copies culvert design memo • 4 copies JARPA calculation sheets ■ 4 copies of pages 4-3 and 4-4 of WSDOT Maintenance Manual Electronic copies: Allison Hanson Brigid Dean George Ritchotte Bruce Nebbitt Brian Glas Jason Turck Jerry Althausers DATE February 22, 2010 T0' Matt gerrera FROM= Ann Dower 00-UP) GrL£ PROSCT - �09-104380� U83ECT: WSDaT TRIG 35100 ENcWNTED P G KWY S S fallowing ' wed. Please forward the ed on lanuaiy 26, 2010 have been reviewed- The plans 'Provided clearing, grading, comments to the applicant: uired for any dear analyses are Tea htrof way- aeting calculations an OT rig 1. Puns and supP a revisions outs1de WSD sides of SF or drainag north and south catch erosion control, on both the 2. Provide and maintain s edimentateon baSens Cream of existing westernmost city ediately east of SR161116th Ave S ups imm ear to basins- the south side of SR fiawsTl1ese flows Emb�ment ditch along odate upstream i that the Ecology 61 is designed to accomrn the south shoulder of SR1Sy 3. Vex nuswith SRi a along westerly termi the existIn g tightlined drainag would originate from onramp South Of e easement from the parcel Owner east of the ES SRl g to-SB ed drainage to rovide outfall Of the record of flows and outfall to private r rovide a copy with SR161, or revise the ditch design 4. SRI P westerly terminus centratian SR1� near stoxm system Not that con into the existing easement are not allowed ain (EE Ditcfi} ,Top` ty without an easerr' eats for media Filter Dr g Provide a copy of WS]7D-maintenance aintenance revirem CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL Resubmittai DATE: January 27, 2010 TO: Ann Dower FROM: Matthew Herrera FILE NUMBER(s): ......................................... 09-104380-00-UP RELATED FILE NOS.: None PROJECT NAME: WSDOT TRIANGLE PROJECT PROJECTADDRESS: Interstate ROW ZONING DISTRICT- CE PROJECT DESCRIPTION: Critical area review for a proposed road improvement project. LAND USE PERMITS: Process IV PROJECT CONTACT. WASHINGTON STATE DOT 401 SECONDAVENWSuite400 MATERIALS SUBMITTED: Plan Set as referenced in enclosed resubmittal form I DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES RESUBMITTED 33325 8`h Avenue South PO Box 9718 CITY OF Federal Way WA 98063-9718 Federa I Way JAN 2 6 2010 253-835-2607; Fax 253-835-2609 �4'tYw.cit offederalwa .co CITY �F FEDERAL WAY BUILDING DEPT. 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: 09 - 104380 - 00 -UP Project Name: WSDCT Triangle Project, 1-5/SR 181/SR 161 Interchange, Federal Way Project Address: Vicinity area of intersection of 1-5 with SR 18 Project Contact: Brigid Dean Phone: (206 716-1137 RESUBMITTED ITEMS: # of Copies ** Detailed Description of Item 6 copies Plan sheets: Drainage Plan D9, X-Sections, TDA Basin 1 6 copies Plan sheets: Grading Plans GR1-GR13 (showing existing grades) 6 copies Plan sheets: Grading Plans GR1-GR13 (showing proposedgrades) 6 copies Plan sheets: Site Preparation SP1-SP16 (designating wetlands and streams 6 copies Plan sheets: TESC Plans EC1, ECA1-ECA12, ECB1- ECB16, ECC1-ECC5, ECD1-ECD6 (showing erosion control devices) Always submit the same number of copies as required for your initial application.' Resubmittal Requested by: Matt Herrera Letter Dated: 01/08/2010 (Staff Member) OFFICE USE ON4 Y _ Date: 10 RESUB A- I Distribution Dept/Div Name # Description Building Bulletin #129 — April 21, 2009 Page 1 of 1 k:\Handouts\Resubmittal Information Planning PW Fire Other Bulletin #129 — April 21, 2009 Page 2 of 1 k:\Handouts\Resubmittal Information MEMORANDUM Public Works Department A :.iMfi: DATE: 12/21/09 TO: Matt Herrera FROM: Ann Dowerl D SUBJECT: WSDOT TRIANGLE - (09-104380-00-UP) 35100 ENCHANTED PKWY S The information provided on December 1, 2009 has been reviewed. Public Works has the following comments: 1. The city SWM division has had to perform routine maintenance of WSDOT drainage facilities within limited access ROW to reduce the excessive amount of sediment entering our SR161 system. This is due to a combination of the following: a) Inadequate sweeping of roadway debris and winter sand along SR18 east of SR161, b) a lack of drainage system maintenance on SR18 (inadequate CB sump vactoring and/or ditch cleaning), and, c)lack of adequate sedimentation facilities upstream of the outfalls to SR161 on the north and south sides of SR18. Staff is concerned that both temporary and permanent erosion and sedimentation control be adequately maintained. 2. The proposed Ecology Embankment (WQ Ditch) along the south side of SR18 is located on a steep side hill with high potential for unwanted infiltration and/or overflow into the adjacent commercial developments. In one area, an existing retaining wall down slope of the ditch could be compromised. Based on existing clogged ditches and pipes in the vicinity, staff is concerned that future WSDOT maintenance of this drainage system might not be adequate, thereby increasing the potential of overflow onto the adjacent property. The ditch should be piped in this area to eliminate impact on neighboring commercial properties. 3. Plans and supporting calculations and/or analysis are required for any clearing, grading, erosion control, or drainage revisions outside WSDOT right-of-way. Matt Herrera From: Glas, Brian [GlasB@wsdot.wa.gov] Sent: Friday, April 09, 2010 10:57 AM To: Matt Herrera Cc: Hanson, Allison; Nebbitt, Bruce; Turck, Jason; Ritchotte, George; Dean, Brigid Subject: WSDOT's Response to Hearing Examiner on Condition of Approval #5 Matt, Please forward on WSDOT's response to the hearing examiner's request for additional justification on why WSDOT believes it is exempt from condition #5. You did a great job at the hearing providing background on the scope of the project. Thanks for all of your efforts in working with us on the critical area ordinance. Glad we could come to agreement on all of the other conditions of approval. Thanks, Brian Glas WSDOT Triangle Design 999 3rd Ave. #2424 Seattle, WA 98104 ="MS NB82-230 W (206) 357-6278 email: mailto:ralasb(q-)wsdot,wa.gov Thank you for reviewing and considering WSDOT's position that it is exempt from obtaining City of Federal Way's engineering permit. At the April 7, 2010 meeting with the hearing examiner, City of Federal Way staff stated that they believed that Federal Way had the authority to inspect WSDOT erosion control measures at the Corrington mitigation site to ensure compliance with the City's code. Clearing and grading activities, including erosion control measures, on WSDOT projects are already regulated by the Washington State Department of Ecology through the issuance of the National Pollutant Discharge Elimination System (NPDES) permit dated February 4, 2009. This permit ensures compliance with the Federal Clean Water Act. The Department of Ecology was granted the authority to administer the Federal Clean Water act by RCW 90.48.260. WSDOT believes sections 1.1 and 1.5 of the Stormwater Management Program Plan of this permit are relevant to this issue: 1.1 Introduction On February 4, 2009, the Washington State Department of Ecology issued a National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater and State Waste Discharge Permit to the Washington State Department of Transportation (WSDOT) to regulate discharges from municipal separate storm sewers on WSDOT highways and facilities. This Permit addresses all WSDOT highways and related facilities within the applicable areas requiring permit coverage by Ecology. 1.5 Local/Area Specific Requirements In most instances, local stormwater management standards will not override the requirements in the HighivayRunoffManual. The Revise Code of Washington (RCW) 47.01.260(1) grants WSDOT plenary power in planning, locating, designing, constructing, improving, repairing, operating, and maintaining state highways, including drainage facilities and channel changes necessary for the protection of such highways. This grant of authority means that, absent express legislative direction, WSDOT is not subject to local ordinances in areas within WSDOT's purview. The following are major local/area specific requirements that WSDOT will comply with through coordination with this SWMP. "XHIBIT PAGE_ OF� WSDOT believes this permit supersedes the City of Federal Way's code. Below is some information from Deborah Cade of the Washington State Attorney General's office that sites specific state statues and court decisions WSDOT believes are also relevant to this issue. There is a statute -- RCW 47.01.260 -- that says that WSDOT shall "exercise all the powers and perform all the duties necessary, convenient, or incidental to the planning, locating, designing, constructing, improving, repairing, operating, and maintaining state highways, including bridges and other structures, culverts, and drainage facilities and channel changes necessary for the protection of state highways". The Washington Supreme Court has held that that based on this language, local agencies do not have regulatory authority over state highways. In Deaconess Hosp. v. Highway Comm'n, 66 Wn.2d 378, 393, 403 P.2d 54 (1965), the court recognized that the Highway Commission (now Department of Transportation) through its state officers was the only agency authorized to carry out the state's sovereign power to build and maintain a state highway system. It stated: "We know of no other agency or public officers having this power or duty. See RCW, title 47. The state has thus, for the time being, vested in the Highway Commission, the director and officers, its sovereign authority to build and maintain highways.... And, it is the state which will become the owner and wield exclusive jurisdiction over the right of way against everyone except the United States." Id. In 1977, and the legislature enacted RCW 47.01.031, creating the state department of transportation (WSDOT) as the successor agency to the Department of Highways and the State Highway Commission, and vesting in that state agency: All powers, duties, and functions vested by law in the department of highways, the state highway commission, the director of highways, the Washington toll bridge authority, the aeronautics commission, the director of aeronautics, and the canal commission, planning and community affairs agency, are transferred to the jurisdiction of the department, except those powers, duties, and functions which are expressly directed elsewhere in this or in any other act of the 1977 legislature. RCW 47.01.031 (emphasis added). Unless power to regulate state highways has been expressly granted to another entity by an act of the Legislature, the WSDOT has jurisdiction over state highways. The key word here is "expressly;" regulatory authority cannot be simply implied. The Washington Supreme Court also held in Seattle Bldg. and Const. Trades Council v. City of Seattle that the WSDOT has plenary control over the design of a limited access highway, and a city has only the rights set out in the limited access statute. 94 Wash.2d 740, 620 P.2d 82 (1980). The limited access statute sets out the only process under 7 which the local agency can participate in the design process. The court noted that the City has no authority to legislate regarding the location and construction of state limited access facilities. "The City cannot ban the construction of such facilities, nor can it rightly refuse to cooperate with the State in such construction, once a plan has been adopted." The City of Federal Way is attempting to interpret its building code in a manner that would allow the city to refuse to allow the siting of part of the highway project. Nothing in state law gives it that authority. Nor does the City have authority to direct WSDOT's compliance with WSDOT's own design standards and standard specifications, or to interfere with WSDOT's management of its own construction contracts. RCW 47.01.260 gives WSDOT sole authority over the highway design and construction. This statutory language cannot be harmonized with City authority to interpret State design standards and State standard specifications, and it therefore pre-empts any attempt by the City to assert that authority. Thank you again for considering and reviewing our justification. WSDOT looks forward to hearing your decision. CirY OF FEDERAL WAY NCMCE OF PUBLIC LAND USE HEARING WSDOT Triangle Projed File Na.09-1DU80-SUP Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at2 :00 p.m. or soon thereafter on Wednesday. April in the Federal Way City Council Chambers, 33325 8th Avenue South, Federal Way, WA - Requested Decision arid Project Description: The applicant is requesting a Process IV 'liearing Examinee" derision pursuant to Federal WaY Revised Code Chapter 19.70. The project includes: blearing and cgmding actn+i6es, wetland mitigation, permanent and temporary wetland buFer fnt LmOns, and slivam cutvertingkelocating assodaied with UV replacement of Interstate 5 and SR 18 Inta hange doverieaf ramps aril row direct corxrection from westtxsund SIR 18 to SR 161 in the vidntty cf South Wth street. Project Location: WSDOT right-of-way in and around Interstate 5 and State Route 181nterchange. Compensatory wetland mitigation site is located at 933 South 364th Street, Applicant Brigid Dean, WSDOT, 401 2nd Avenue South, Suite 300, Seattle, WA 98104 Date Application Received: December 1, 2009 Date Determined Complete: December 17 2009 Date of Notice of Application: December 19, 2009 Permits Required by this Application: Process IV `Hearing Examiner (File 09-104380-UP) The following environmental documents were submitted in conjunction with the Process IV apptication: Ernnronmental Checklist, DNS: Weiland Mrpgation Plan; Stream Miligabon Plan; Wetland Biology Report; and Wetland Summary Report - Any person may submft written comments to the Hearing Examiner and appear at the public hearing to provide verbal comments. Persons submitting written comments may deliver these comments to the Department of Community De&Wn-1enl Seni�ies any time prior to the hearing or by giving them directly to the Hearing Examiner at the hearing. Only persons who submitwritien or verbal comments to the Hearing Examiner or specifrcall request a copy of the written deci on may appeal the Hearing Examiner's decision. Any person may request a copy of the decision. The application for the proposal is to be reviewed under applicable codes, regulations, and policies of the City of Federal Way. The official file is available for review during business hours (Monday through Fnday. 8:00 a.m. to 5:00 p.m.) in the Department of Community DeMlopmerit Semces, 33325 8th Avenue South, Federal Way WA 98063-9718. Staff Contact: Matthew Herrera, Associate Planner 33325 8th Avenue South Federal Way, WA 98063 Phone - (253) 835-2638 FWM1651 Date Published: March 20, 2010. Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a semi -weekly newspaper. That said newspaper is published in the English language continually as a semi -weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by The City of Federal Way — Department of Community Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive week(s), commencing on the 20th day of March 20I0 , and ending on the 20th day of March 2010 both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $129.78, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090. Subscribed to and sworn before me this 24th day of March, 2010. Notary Public in and for the State of Washington, Residing at Federal Way 0U I'SE "��� G' f DEC 'P -� ear 18 :fir ' 203 •.•��WASN. \ r� iutiti Matt Herrera From: Glas, Brian [GlasB@wsdot.wa.gov] Sent: Tuesday, April 06, 2010 11:13 AM To: Matt Herrera Cc: Nebbitt, Bruce; Hanson, Allison; Ritchotte, George; Turck, Jason; Dean, Brigid Subject: RE: Responses to Federal Way's Conditions of Approval Matt, Here are WSDOT's responses to Federal Way's conditions of approval. 1. WSDOT agrees to forward to the City of Federal Way written confirmation that the new channel was constructed in accordance with the plan, specifications, and permits. 2. WSDOT agrees to forward to the City of Federal Way the Contractor's plan approved by WSDOT that details methods, materials, and phasing of the stream relocation. 3. WSDOT agrees to monitor the Corrington wetland mitigation site for five years. 4. WSDOT agrees to forward monitoring reports of the Corrington wetland mitigation site for five years. If WSDOT significantly redesigns the mitigation site, it will negotiate third party review fees incurred by the City of Federal Way. 5. WSDOT does not agree with Federal Way's determination that WSDOT is required to apply to the City for an engineering permit for grading activities at the Corrington mitigation site and the stream culverting areas. WSDOT believes that RCW 47.01.260 preempts City codes for grading activities on WSDOT right-of-way. The mitigation site is owned by WSDOT in perpetuity and is directly associated with the construction of an essential public facility. The stream culverting area takes place on land that WSDOT is in possession and control of during the construction of the project and is also directly associated with the construction of an essential public facility. All of these facilities will be constructed in accordance with the Plans and WSDOT's standard specifications which govern grading activities. The WSDOT Design Manual defines right-of-way as "A general term denoting land or interest therein, acquired for or designated lands that have been dedicated for public transportation purposes or land in which WSDOT owns the fee simple title, has an easement devoted to or required for use as a public road/street and appurtenant facilities or has ownership by prescriptive right." So, according to our definition of right of way, easements are considered right of way. Also, right of way is designated lands that are required for use of appurtenant facilities, i. e. wetland mitigation sites. Brian Glas WSDOT Triangle Design 999 3rd Ave. #2424 Seattle, WA 98104 -'' MS NB82-230 W (206) 357-6273 email: maiito;glasb@wsdot.wa.gov RESUBMITTED �. MAR 0 3 2010 CITY OFCITY OF FEDERAL WAY Federal WCIS�UILDING DEPT. DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-2607;Fax 253-835-2609 www.citvoffederal,iN,ay.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. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: 09 - 104380 - 00 - U P Project Name: WSDOT Triangle Project I-5/SR 181/SR 161 Interchange, Federal Wa Project Address: Vicinity area of intersection of 1-5 with SR 18 Project Contact: Briaid Dean Phone: (206)267-6504 email: deanb@wsdot.wa.gov RESUBMITTED ITEMS: # of Copies ** Detailed Description of Item 2 copies Wetland Mitigation Plan 2 copies Stream Mitigation Plan Construction Easements 3 easements Maintenance Manual, pages 4-3, 4-4 4 copies 4 copies 4 copies Calculation sheets 6 copies Plan sheets: SD5 (262), JARPA drawing W-22, D9 (475), DD9 (49j, SP5 (328), SP10 (333) ** Always submit the same number of copies as required for your initial application.** Resubmittal Requested by: Matt Herrera Letter Dated: 01/08/2010 (Staff Member) OFFICE USE OK Y RESUB A- Distribution Date: 3 - 3 - (0 By.' �'a Dept/Div Name # Description Building Plannin /' u 5 PW Fire Other Bulletin #129 — April 21, 2009 Page 1 of 1 k:\Ilandouts\Resubmittal Information CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: TO: FROM: COMMENTS: FILE NUMBER(s): RELATED FILE NOS.: PROJECT NAME: PROJECT ADDRESS ZONING DISTRICT. - March 3, 2010 Ann Dower, Senior Engineering Plans Reviewer Matt Herrera Please provide comments as soon as possible as WSDOT would like to schedule a public hearing prior to advertising the project in April 09-104380-00-UP None WSDOT TRIANGLE PROJECT 35100 ENCHANTED PKWY S CE PROJECT DESCRIPTION: Critical area review for a proposed road improvement project. LAND USE PERMITS: Process IV "Hearing Examiner Decision" PROJECT CONTACT: WASHINGTON STATE DOT 401 SECONDAVENWSuite400 MATERIALS SUBM17TED: 1. Easements 2. Site prep and drainage plans 3. Portion of WSDOT maintenance manual Ken Miller Subject: FW: Federal CAO - WSDOT Response to #4 & 5 Location: Conf call: 206-440-4005/360-709-8068 Pin# 1087707 Start: Tue 4/6/2010 3:00 PM End: Tue 4/6/2010 4:00 PM Recurrence: (none) Meeting Status: Accepted Organizer: Glas, Brian Required Attendees: Greg Fewins; Deb Barker; Isaac Conlen; Ken Miller When: Tuesday, April 06, 2010 3:00 PM-4:00 PM (GMT-08:00) Pacific Time (US & Canada). Where: Conf call: 206-440-4005/360-709-8068 Pin# 1087707 -----Original Appointment ----- From: Glas, Brian Sent: Tuesday, April 06, 2010 12:16 PM To: Glas, Brian; Hanson, Allison; Nebbitt, Bruce; Turck, Jason; Ritchotte, George; Matt Herrera Subject:Federal CAO - WSDOT Response to #4 & 5 When: Tuesday, April 06, 2010 3:00 PM-4:00 PM (GMT-08:00) Pacific Time (US & Canada). Where: Conf call: 206-440-4005/360-709-8068 Pin# 1087707 City of Federal Way wants to discuss our response to #4 & 5. 1 setup a conference call today at 3:00 to discuss. Bruce, Jason, and I will call from his office. Alison, I left you a phone message. Hopefully you are able to call in, but if not I can fill you in after the meeting. 4. WSDOT agrees to forward monitoring reports of the Corrington wetland mitigation site for five years. If WSDOT significantly redesigns the mitigation site, it will negotiate third party review fees incurred by the City of Federal Way. 5. WSDOT does not agree with Federal Way's determination that WSDOT is required to apply to the City for an engineering permit for grading activities at the Corrington mitigation site and the stream culverting areas. WSDOT believes that RCW 47.01.260 preempts City codes for grading activities on WSDOT right-of-way. The mitigation site is owned by WSDOT in perpetuity and is directly associated with the construction of an essential public facility. The stream culverting area takes place on land that WSDOT is in possession and control of during the construction of the project and is also directly associated with the construction of an essential public facility. All of these facilities will be constructed in accordance with the Plans and WSDOT's standard specifications which govern grading activities. The WSDOT Design Manual defines right-of-way as A general term denoting land or interest therein, acquired for or designated lands that have been dedicated for public transportation purposes or land in which WSDOT owns the fee simple title, has an easement devoted to or required for use as a public road/street and appurtenant facilities or has ownership by prescriptive right." So, according to our definition of right of way, easements are considered right of way. Also, right of way is designated lands that are required for use of appurtenant facilities, i. e. wetland mitigation sites. Thanks, Brian Glas WSDOT Triangle Design 999 3rd Ave. #2424 Seattle, WA 98104 + MS NB82-230 ( (206) 357-6278 email: mailto: lash wsdoLwa. ov 167 Ann Dower From: Jeff Wolf Sent: Monday, March 15, 2010 2:17 PM To: Ann Dower Cc: Matt Herrera; William Appleton Subject: RE: WSDOT Triangle Project- SWM Review Comments for WSDOT March 1 Response Ann, As we discussed; please forward the comments that I forwarded to Matt Herrera for transmittal to WSDOT. A brief Partial summary of my comments are listed below. 1. Based on their response; WSDOT evidently misunderstood Matt's previous request for a cross section to depict a "Low Flow Notch" for the new stream channel thinking that he was referring to something like a RIVER MEANDER BELT. He will need to re -word his comment so they understand that the city wants a small notch to ensure that the stream is not 10' wide and 1/2" deep at lower flow conditions. 2. Sheet DP5 was not provided as noted in WSDOT's response. At this point I don't need to see this particular sheet. 3. Mention to WSDOT that they will need to consider how the proposed ditch located on the south side of SR18 east of SR151 will get past the existing sign bridge footing lo9cated on a side slope. I don't need a response from them but hopefully this will get theta thinking before construction starts. 4. Tell WSDOT thank you for adding the sedimentation structures along SR18. Thanks, Jeff Wolf 0 IA ro o w n 5 �y m W r0 0 0 -n �m 0 r ©m rn o � 0 6bmm 09 EAR u caO m pr z Zi 1 Z im Z m� O N o _ ;p CD °D c A m �o v� v N ^^2 YI =a �r a N �w �m c0 o� O �+ O Zo C C. rp JJ-1 2 X m CA O r a ---------- m ' r A 0]LC' A— Q}ylw _ I NISVS - MEMORANDUM Public Works Department DATE: 12/21/09 TO: Matt Herrera FROM: Ann Doweq) SUBJECT: WSDOT TRIANGLE - (09-104380-00-UP) 35100 ENCHANTED PKWY S The information provided on December 1, 2009 has been reviewed. Public Works has the following comments: 1. The city SWM division has had to perform routine maintenance of WSDOT drainage facilities within limited access ROW to reduce the excessive amount of sediment entering our SR161 system. This is due to a combination of the following: a) Inadequate sweeping of roadway debris and winter sand along SR18 east of SR161, b) a lack of drainage system maintenance on SR18 (inadequate CB sump vactoring and/or ditch cleaning), and, c)lack of adequate sedimentation facilities upstream of the outfalls to SR161 on the north and south sides of SR18. Staff is concerned that both temporary and permanent erosion and sedimentation control be adequately maintained. 2. The proposed Ecology Embankment (WQ Ditch) along the south side of SR18 is located on a steep side hill with high potential for unwanted infiltration and/or overflow into the adjacent commercial developments. In one area, an existing retaining wall down slope of the ditch could be compromised. Based on existing clogged ditches and pipes in the vicinity, staff is concerned that future WSDOT maintenance of this drainage system might not be adequate, thereby increasing the potential of overflow onto the adjacent property. The ditch should be piped in this area to eliminate impact on neighboring commercial properties. 3. Plans and supporting calculations and/or analysis are required for any clearing, grading, erosion control, or drainage revisions outside WSDOT right-of-way. DETERMINATION OF NON -SIGNIFICANCE Description of Proposal: The project will improve safety and traffic circulation (which will reduce congestion) for freight and people in the vicinity of the 1-5-SR 18/SR 161 interchange, in Federal Way. The improvements would occur primarily at the interchange, along 1-5, AM add two new access ramps to SR 161-at S. 356'fi St. and S. 359u` St. Two loop ramps in the interchange would be reconstructed to provide direct access from SR 18 to 1-5. Widening of 1-5 in both directions to construct auxiliary lanes will provide more storage for vehicles entering and exiting the freeway. Seven new bridges will be constructed. Two new exit ramps would provide access to SR 161 in Federal Way, one at S. 356" St. and one at S. 359°i St. Existing drainage features will be enlarged and new ponds will be constructed. Some culverts will be extended, some removed (daylighting a branch of Hylebos Creek) and several new culverts will be installed. Proponent: Washington State Department of Transportation Location of Proposal, including street address, If any: The project is located within Sections 20, 21,28 and 29 of T 21 N, R 4 E in Federal Way. The general vicinity is the interchange of Interstate 5 with State Route 18. Lead Agency: Washington State Department of Transportation The lead agency for this project has determined that it does not have a probable significant adverse impact on the environment. An Environmenta€ Impact Statement (EIS) is not required under RCW 43.21 C.030 (2)(c). This decision was made after a review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date of signature by the responsible official. Comments must be submitted by May 29, 2007. Comments may be sent to Ben Brown at the address below. Responsible Offici�i: Martin Palmer - - -- �. T PosMon/T1tle: Environmental Program Manager Phone: (206) 440-4548 Address: WSDOT, NW Region MS 138 PO Box 330310 Seattle WA 98133-9710 Date Signature — zz DEC 01 7009 CITY OF FEDERAL WAY CDS ENVIRONMENTAL CHECKLIST The State Environmental Policy Act (SEPA), Chapter 43.21C requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. The purpose of this checklist is to provide the information to help you and the agency identify impacts for your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an Environmental Impact Statement is required, The checklist questions apply to all parts of the proposal, even if they are planned over a period of time. Attach any additional information that will help describe the proposal or its environmental effects. Be prepared to explain answers or provide additional information reasonably related to determining if there may be significant adverse'impacts. A. BACKGROUND 1. Name of proposed project, if applicable: I-5-SR 161/SR 18 Triangle Improvements 2. Name of proponent: Washington State"Department of Transportation (WSDOT) 3. Address and phone number of proponent and contact person: Benjamin Brown, MS 138 Washington State Department of Transportation 15700 Dayton Avenue North P. O. Box 330310 Seattle, WA 98133-9710 Contact person: Christina Olson Phone: (206) 440-4524 4. Date checklist prepared: May 10, 2007 5. Agency requesting checklist: Washington State Department of Transportation - - 6. Proposed tinting or schedule (include phasing, if applicable): Project construction of the first phase would begin in the spring of 2010 and be complete in the first quarter of 2013. The project will likely be constructed in phases as funding becomes available. The details of the phased construction have not been finalized. Are there any plans for future additions, expansions, or further activity related to or connected with this proposal? If yes, explain. No additions or expansions are planned at this time. 1-5-SR 161/SR 18 Triangle Improvements 1 WSDOT 8. List any environmental information you know about that has been, or will be prepared, directly related to this proposal. Discipline studies were completed to analyze effects to the natural and human environment They were finalized in November, 2006. Traffic and Transportation Analysis Air Quality Analysis Noise Analysis Geotechnical Analysis Fish, Vegetation and Wildlife Report Critical Areas Analysis Visual Quality Analysis Socioeconomics Analysis Environmental Justice Analysis Land Use Analysis Hazardous Materials Report Cultural and Historical Resources Report Water Resources Analysis Public Parks Report Wetland Report Biological Assessment (July 2006) Future plaits include: Hydraulic Report Stormwater Site Plan with Temporary Erosion and Sediment Control plan Spill Prevention, Control and Countermeasures Plan (by Contractor) Wetland Mitigation Report Stream Mitigation Report 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by the proposal? If yes, explain. There are no known applications for government approvals for other proposals. 10. List any government approvals or permits that will be needed for the proposal, if known. Sec. 404 Permit (Nationwide) from U.S. Army, Corps of Engineers Hydraulic Project Approval (HPA) frofil-W9.,bing#on-Department. of Fish and Wildlife National Pollution Discharge EIimination System (YPDES) Baseline General Permit for Construction from Department of Ecology Noise Variance from city of Federal Way if night work is required Section 401 WQ/CZM Letter of Verification from Department of Ecology Clearing Permit in Sensitive Areas from city of Federal Way 11. Give brief, complete description .of the project including (but not limited to) its size, general design elements, and other factors that will give an accurate understanding of its scope and nature. There are several questions in this checklist that ask you to describe certain aspects of the proposal. You do not need to repeat those answers on this page. The project will improve safety and traffic circulation (which will reduce congestion) for Freight and people in the vicinity of the 1-5-SR 18/SR 161 interchange in Federal Way. 1-5-SR 161/SR 18 Triangle Improvements 2 WSDOT The improvements would occur RIrimarily at the interchange, along I-5, and two new access ramps to SR 161 at S. 356 ' St. and S. 359"' St. The existing I-5/SR 18 interchange is a full cloverleaf design. Reconstruction would eliminate the northwest and southeast loop ramps with new direct access ramps providing movements from eastbound SR 18 to northbound I-5 and westbound SR 18 to southbound I-5. Improvements to 1.5 include widening both northbound and southbound roadways to construct auxiliary lanes that will provide more storage for vehicles entering and exiting the freeway. The project will provide a new southbound exit off I-5 that would provide direct connection westbound to SR 161 in the vicinity of S. 356'h St. and southbound to SR 161 near S. 359'h St. Seven new bridges would be built for the project, five would be in the immediate area of the interchange, one would be at the SR 18/Weyerhaeuser Way interchange, and the other would replace. the existing SR 161 overcrossing of I-5. Because of the changes in the road network, drainage features will be revised. Existing detention and water quality treatment ponds will be enlarged and additional ponds constructed. Ecology embankments and a new vault would also provide stormwater detention and treatment. Some existing culverts would be extended, some would be removed (daylighting the stream) and new culverts would be installed. Loop ramps replaced by direct access ramps would be regraded and planted. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of the proposed project, including a street address, if any, and section, township and range, if known. If the proposal would occur over a range of area, provide the range boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. The project is located within Sections 20, 21, 28, and.29 of T 21 N, R 4 E in Federal Way, King County. The general vicinity is the interchange of Interstate 5 with State Route 18. (maps attached) B. ENVIRONMENTAL ELEMENTS Earth a. General description of the site: (flat, rolling hills, steep slopes, mountainous, other). The project site is generally flat and trends slightly downward to the southwest. 1-5-SR 161/SR 18 Triangle Improvements 3 WSDOT b. What is the steepest slope on the site (approximate percent of slope)? Roadway embankment slopes are up to 50%. Undeveloped slopes within the project limits are typically less than 10 % Generally there is less than 200 feet of relief in the general area of the project. C. What general types of soils are found on the site (e.g., clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Typical native soils in the project area are dense to very dense natural glacial soils including glacial till (silty gravelly sand to silty, sandy gravel), advance outwash sand and gravel (slightly gravelly, slightly silty to silty sand and silty gravel). The highways were constructed on fill at some locations. This till is loose to dense gravelly silty sand to sandy gravels. Fill thickness ranges from one to 30 feet~ No prime farmland ei sts in the project's immediate vicinity. d. Are there any indications of a history of unstable soils in the immediate vicinity? If so, describe. There are no indications of a history of slope instability in the project area. Natural slopes are low grades. Constructed slopes of the highways have been engineered to prevent instability. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. The source of fill would be from a state approved source, likely a commercial gravel. pit. f. Could erosion occur as a result of clearing, construction, or land use? if so, generally describe. The disturbance of existing ground cover and placing and grading of earth materials could result in wind and water erosion of soils. g. About what percent of the site would be covered with impervious surfaces after project construction (e.g., asphalt; buildings)? The project would increase the percentage of impervious surface within the project limits from 37% to 43%. The new impervious surfaces would be asphalt and concrete roadways. i h. Proposed measures to reduce or control erosion, or other impacts to.the earth, if any: The contractor will be required to adhere to a Temporary Erosion and Sediment Control (TESL) Plan developed by WSDOT. Best Management Practices as described in the Highway Runoff Manual will be applied to this project. Permanent erosion control measures will include mulching, planting and seeding for soil cover. 1-5-SR 161/SR 18 Trlahgle Improvements 4 WSDOT 2. Air a What types of emissions to the air would result from the proposal (e.g., dust, automobile, odors, industrial, wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities, if known. Construction activities may result in a temporary increase of exhaust fumes and dust particles from the use of heavy equipment to clear and grade the project site along with other construction activities. These emission levels will return to pre -construction levels upon completion of the project. Quantities are unknown. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so; generally describe. There are no off site sources of emissions that may affect the proposal. Proposed measures to reduce or control emissions or other impacts to the air, if any: The contractor will be required to adhere to all applicable federal, state, and local air quality regulations. These regulations cover temporary construction conditions such as dust, smoke and emissions. 3. Water a. Surface 1) Is there any surface water body on, or in, the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The project will occur in the immediate vicinity'of wetlands and two streams which are unnamed tributaries of East Hylebos Creek (WRIA 10). The tributary on the west side of I-5 is known as 0016A and is an intermittent stream, while the one on the east side, also intermittent, is known as 0016. The tributaries' waters drain to East-Hylebos Creek-, which-fl6ws via the Hylebos Waterway into Commencement Bay of Puget Sound. 2) Will the project require work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes. The project will require work over, in and adjacent to wetlands and two streams. The work is necessary for roadway widening, construction of new ramps and the construction of water duality detention ponds and other features to convey and treat storm►vater runoff. (Air photos attached) Approximately 420 feet of existing stream channel would be culverted to accommodate the new freeway ramps, new stormwater detention ponds and the new direct access ramp from westbound SR 18 to southbound 1.5 and SR 161 along S. 356"' St. 1-5-SR 1611SR 18 Tflangle Improvements 5 WSDOT 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface waters or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. One wetland (Class H) will be impacted by the placement of 0.1 acres of fill for the construction of a new ramp from westbound SR 18 to soutbbound I-5. The till would come from a state approved contractor provided source, typically a commercial gravel pit. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose and approximate quantities, if known. Water diversions will be necessary during the construction of proposed bridge columns and foundations. The diversions will consist of a temporary dam upstream of the channel construction work. Water will be collected behind the dam, diverted into a temporary pipe that passes through the construction zone, then discharged back into the channel downstream of the construction activities. The bypass systems, will be (Jesigned to accommodate a maximum anticipated flow rate of 10 cis. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. This project does not lie within a 100-year floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No waste materials will be discharged to surface water. b. Ground 1) Will ground water be withdrawn, or will water be discharged to groundwater? Give general description, purpose and approximate quantities, if known. No groundwater will be withdrawn and no water will be discharged, to groumilwater. 2) Describe waste material that will be discharged into the ground from. septic tanks or other sources, if any (e.g., domestic sewage; industrial, containing the following chemicals; agricultural; etc.). Describe the general sire of the system, the number of such systems, the number of houses served (if applicable) or the number of animals or humans the system(s) are expected to serve. No waste material will be discharged into the, ground. WSDOT 1-5-SR I SI/SR 18 Triangle lmprovements 6 C. Water Runoff (including storm water) 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The only source of runoff is stormwater from the roadways and bridges. This runoff will be detained and treated in a combined wet/detention ponds and treated in ecology embankments where feasible. In some locations the runoff will be captured and conveyed via underground closed drainage systems. Water will be detained in underground vaults near the intersection of SR 161 and S 35e St. and SR 161 and S. 348th St. Stormwater will be treated for quality and quantity according to the 2006 WSDOT \.3 Highway Runoff Manual, and then allowed to flow into the existing waterways and receiving bodies. 2) Could waste material enter ground or surface water? If so, generally describe. In the event of a spill, petroleum products from equipment used during construction or fuel spilled at an accident site could conceivably enter ground or surface water. d. Proposed measures to reduce or control surface, ground and runoff water impacts, if any: During construction the contractor will be required to comply with an approved Temporary Erosion and Sediment Control (TESL) plan, part of a Storoawater Site Plan designed in accordance with the 2006 WSDOT Highway Runoff Manual and approved by WSDOT. As permanent measures, stormwater will be collected in a combination of ditches, ponds, vaults and an enclosed drainage system. It will be treated for quality and quantity according to the Highway Runoff Manual, and then allowed to flow into the existing waterways and receiving bodies. The contractor will also be required to follow an approved Spill Prevention plan for potential hazardous material spills. 4. Plants a. Types of vegetation found on the site. Typical roadside vegetation includes native second and third growth mixed deciduous (red alder, cottonwood, Oregon ash, vine maple) and coniferous (Douglas fir, western hemlock, western red cedar) trees, shrubs (including Himalayan blackberry and Scots broom) and grasses (dominated by reed canary grass) as well as ornamental vegetation associated with residences. Vegetation found along the streams includes second growth coniferous and deciduous trees (Douglas fir, western red cedar Oregon ash, red alder, black cottonwood), shrubs 1-5-SR 161/SR 18 Triangle Improvements 7 WSDOT (Douglas spires, salmonberry and willow) and ferns, slough sedge, reed canary grass, creeping buttercup and water parsley. b. What kind and amount of vegetation will be removed or altered? Approximately 103 acres of vegetation would be disturbed to construct the project (this includes permanent and temporary disturbance). 13 acres of developed or previously cleared land. 44 acres of mixed deciduous forest 39 acres of maintained highway right of way 2 acres of riparian areas 3 acres associated with wetland areas (mostly buffer) 2 acres of meadow/grassland C. List threatened or endangered species known to be on or near the site. There are no threatened or endangered plant species known to be in the project area. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: A Roadside Restoration Plan will be developed to direct the replanting of disturbed areas associated with the project. All disturbed areas will be seeded. Riparian areas disturbed during construction would be replanted with appropriate native plants to contribute biomass to the stream system. The margins of the detention ponds would also be planted with native plants or grasses. 5. Animals a. Birds or animals that have been observed on or near the site or are known to be on or near the site. Birds: generalist bird species, great blue heron, bald eagle Animals: small mammals (opossums, raccoonss rodents), reptiles; insects b. List any threatened or endangered species known to be on or near the site. Bald Eagle (threatened) C. Is the site part of a migration route? If so, explain. This site is not part of a migration route. 1-5-SR 161/SR 18 Triangle improvements WSDOT d. Proposed measure to preserve or enhance wildlife, if any: Water quality treatment for the project will benefit fish and fish habitat downstream 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove or solar) will be used to meet the completed projects energy needs? Describe whether it will be used for heating, manufacturing, etc. Electrical power will be needed for the roadside lighting and traffic signals installed as features of the project. b. Would the project affect the potential use of solar energy by adjacent properties? If so, generally describe. The project will not affect the potential use of solar energy by adjacent properties. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. No energy conservation features are included in the plans for this proposal. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. The risk of release of hazardous materials to the environment is always present during construction. This could include discovery of unknown underground hazardous substances and spills associated with fuel and other substances associated with construction activities and vehicles. Traffic accidents could also occur in the area during construction that could release fuels and other hazardous substances to the environment or result in vehicle fires. Standard construction methods and traffic control measures will be employed to minimize a risk of such incidents. Release of hazardous materials to the environment once the project has been completed includes accidents involving spilled fuel or hazardous materials being transported along the highways. Vehicle fires also could occur. 1) Describe special emergency services that might be required. No special emergency services will be required. WSDOT incident response teams carry supplies and are trained to respond to minor releases. They coordinate with the Department of Ecology and Washington State Patrol for larger spills and accidents involving hazardous materials. 2) Proposed measures to reduce or control environmental health hazards, if any: Standard construction practices, safety measures, and traffic control measures will 1-&SR 161/SR 18 Triangle Impirovements 9 WSDOT be required of the contractor. Discovered potentially hazardous waste will be handled in accordance with Environmental Protection Agency, Department of Ecology, and local health regulations. A spill control plan will be required from the Contractor and will be reviewed and approved by WSDOT. The spill control plan will be kept on site at all times and designates spill control measures to be undertaken. A spill control kit will also be on site at all times. WSDOT incidence response teams may be available to respond to accident sites and they have spill clean-up kits for small spills of haEardous materials. b. Noise 1) What types of noise exist in the area which may affect your project (e.g., traffic, equipment, operation, other). The predominant cause of noise is truck and automobile traffic using 1-5, SR 18 and SR 161. These noise sources will not adversely affect the project. 2) What types and levels of noise would be created by or associated with the project on a short term or long term basis (e.g., traffic, construction, operation, other)? Indicate what hours noise would come from the site. During construction, noise levels may temporarily increase due to construction equipment and activities. This will include pile driving for bridges. Noise will be intermittent and temporary. Typical daytime work hours are 6am to 6pm. Night work may be required. Noise levels will increase over the existing condition during the 20-year operation of the project. The noise from the vehicles traveling the highways would be continuous, but most prominent from 6:00 am until 10:00 pm. Two noise wails, which meet WSDOT's feasibility and reasonableness criteria, are recommended to mitigate the effects from traffic noise to adjacent residences. One wall is located along the west side of I-5 extending 742 feet south of the SR 161 overcrossing of the freeway. The second wall is located along the east side of I-5 from the SR 161 overcrossing northwards for 1,831 feet. 3) Proposed measures to reduce or control noise impacts, if any: During construction, the contractor will be required to adhere to all applicable federal, sate, and local noise regulations governing source noises resulting from construction site activities for the duration of the contract. If night work is required, a noise variance will be obtained from the city of Federal Way, and the permit conditions will be followed. WSDOT 1-5-SR 161/SR 18 Triangle Improvements 10 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The project site is used for vehicular transportation. The project area is within WSDOT . right of way. Adjacent properties include residential, commercial, and business park uses. b. Has the site been used for agriculture? If so, describe. This site has not been used for agriculture. C. Describe any structures on the site. Structures include highway bridges and two homes. d. Will any structure be demolished? If so, what? The project will remove and reconstruct the SR 161 bridge which passes over I-5. Four residences will be demolished to construct a new westbound direct access to SR 161 from westbound SR 18 and southbound 1-5. e. What is the current zoning classification of the site? The interchange area is state right-of-way within the city of Federal Way in King County and is not subject to zoning. The land where the new westbound and southbound accesses to SR 161 would be built is zoned community business although residences occupy some of the properties. f. What is the current comprehensive plan designation of the site? The WSDOT right of way is not included in the Federal Way comprehensive plan. The parcels adjacent to the new westbound access to SR 161 along S. 35e St. and southbound access at S. 3590' St. are designated as "Community Business". g. If applicable, what is the current shoreline master program designation of the site? This project is not in a designated shoreline area: _. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. There are wetlands and streams within the project site. i. Approximately how many people would reside or work in the completed project? No people will reside or work in the completed project (state highways) Approximately how many people would the completed project displace? Five properties would be acquired in total with 2 residents displaced. 1-5-SR 161/SR 18 Triangle Improvements 11 WSDOT k. Proposed measures to avoid or reduce displacement impacts, if any: The project was designed to reconfigure the interchange as much as possible within the existing highway right of way. The displacement of two residents is associated with the new direct access from 1-5 and SR 18 to SR 161 along S. 356 h St. All relocations of residents will be completed in accordance with the Uniform Relocation Act. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project is compatible with existing land use plans for the area. 9. Housing a. Approximately how many units would. be provided, if any? Indicate whether high, middle, or low-income housing. No housing units will be provided. b. Approximately haw many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Two houses would be eliminated for the new direct access ramp to SR 161 along S. 356'h St. They are muddle -income housing. One of the houses is being used for business purposes. C. Proposed measures to reduce or control housing impacts, if any: The project was designed to reconfigure the interchange within the existing WSDOT right of way as much as possible to avoid impacts to residences and businesses. WSDOT will assist owners and pay relocation expenses for displaced residents. 10. Aesthetics a. 'What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The new highway ramps will be up to 30 feet tall. Concrete and steel girders are the exterior building materials. The girders will sit on concrete columns. b. What views in the immediate vicinity would be altered or obstructed? Views of the highways would change for drivers. Two loop ramps would be eliminated and realignments would provide direct access to areas west of 1-5. Two new elevated bridges over the mainline of I-5 would be constructed. These high structures will give motorists more dramatic territorial views than currently available and will be visible from WSDOT 1-5-SR 161/SR 18 Triangle Improvements 12 neighborhoods to the south and east of 1-5. Two new access ramps at S. 356th St. and S. 359 St. would be built which add walls and structures visible to freeway users. These are not in areas of sensitive viewers. All changes in alignments would result in changes to roadside vegetation, eliminating some views to forested areas. Views toward the freeway would change for some residents in the area of two proposed noise walls. The noise walls would be concrete. Proposed measures to reduce or control aesthetic impacts, if any: Roadside plantings would be installed and the abandoned loop ramps would be replanted. The final textural and/or decorative treatment of the noise walls would be determined in the final design for the project. 11. Light and Glare a. What types of light or glare will the proposal produce? What time of day would it mainly occur? The interchange will include roadway illumination provided by freestanding pole lights. Lighting is controlled by photocells that turn ligbts on during house of darkness. Lights Nvould be placed alongside the mainline of I-5, SR 18, and along the new direct access ramps to SR 161. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. The lighting is designed to enhance safety and will direct light onto the roadway surfaces. It will not interfere with views. C. What existing off -site sources of light or glare may affect your proposal? Off site light sources are not anticipated to affect this proposal. d. Proposed measures to reduce or control light and glare impacts, if any: No light and glare impacts are expected. - - 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? jNo public parks are located adjacent to the project. The private amusement park, Wild Waves/Enchanted Village is located southeast of the project. The Weyerhaeuser Corporation allows use of its open space to the public including two passive recreation sites at the Rhododendron Species Foundation Botanical Gardens and the Pacific Rim Bonsai Collection. Walking and running trails on the property are also open to the public. f Beyond the project area there are numerous Federal Way parks and open space sites. b. Would the proposed project displace any existing recreational uses? If so, describe. The proposed project will not displace any existing recreational uses. 1-5-SR 161/SR 18 Triangle Improvements 13 WSDOT C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project, if any: Because no impacts occur, no mitigating measures are required. 13. Historic and Cultural Preservation a. ' Are there any places on or objects listed on or proposed for, national, state, or local preservation registers, known to be on or next to the site? If so, generally describe. A cultural resources study and archeological study has been done for the project site and there are no places or objects listed or eligible for listing on the any preservation registers. b. Generally describe any landmarks or evidence. of historic, archaeological, scientific, or cultural importance known to be on or next to the site. If so, generally describe. None are known. c. Proposed measures to reduce or control impacts, if any: In the event that any archeological artifacts are encountered, work will be stepped and WSDOT will notify the Department of Archeological and Historic Preservation MABF) and appropriate tribal authorities. Section 1-07.1.6(4) of the WSDOT Standard Specifications which are incorporated into all contracts by reference includes the protocol to be used. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Access to SR 18 in the immediate project area is provided by Weyerhaeuser Way to the east of 1-5 and S. 34e St and le Ave S. /Enchanted Parkway (SR 161) west of 1-5. All streets are in Federal Way. New access to Enchanted Parkway (SR 161) will be added at S. 356'h St. and S. 359'h St b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Public transit services i + TRO, Pierce Transit and Sound Transit) use 1-5, SR 18, and SR 161. There are no transit stops along the freeways. Pierce Transit routes use SR 161 with designated bus Stops aIong the road. C. How many parking spaces would the completed project have? How many would the project eliminate? The completed project will provide no parking spaces, nor would it eliminate public parking spaces in the area. WSDOT 1-5-SR 161/SR 18 Triangle Improvements 14 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The project is a highK,ay improvement project that will reconfigure the existing I-5/SR 18 interchange and provide new direct access from these highways to SR 161. All improvements are public roads. e_ Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? if so, generally describe. The completed project will not use or occur In the immediate vicinity of water, rail, or air transportation. f. How many vehicular trips per day would be generated by the completed project? If known; indicate when peak volumes would occur. The project will not generate any additional vehicle trips. Typical -peak volumes include the morning and evening commute times. g. Proposed measures to reduce or control transportation impacts, if any: The project is intended to pubance. safety and improve circulation in the area of thel-5/SR IS interchange and S. 348", St. in Federal Way. 15. Public Services a. Would the project result in an increased need for public services (e.g., fire protection, police protection, health care, schools, other)? If so, generally describe. The project would not result in increased need for public services. b. Proposed measures to reduce or control direct impacts on public services, if any: Because the project has no direct impacts on public services, no mitigation is necessary. 16. Utilities a. Utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electrical service is present to service highway light and signal systems on the roadways. Other utilities lie adjacent or cross the project but would be minimally impacted during construction of the roadway improvements. Natural Gas: Puget Sound Energy u-ndergrounul gas Iines cross 1-5. Distribution mains cross over 1-5 al 336`r' St and at Enchanted Parkway/,SR 161. A gas distribution main crosses over SR 18 along Weyerhaeuser Way. Fvel: Olympic Gas pipeline is located east of 1--5 adjacent to the highway right of way. 1t is part of an interstate pipeline system carrying gasoline, diesel and jet fuel. 1-5-SR 1611SR 18 Triangle Improvements 15 WSDOT Electricity. An electrical subircuismission line runs alons, SR 161 rind S. 348`" St and S. 356"' St. A distribution substation is located northeast of the I-5�,3R 18 interchange. Water: There are water lutes sensing businesses and residences adjacent to VVSDOT right of way Telephone: Qwest telephone andDSL. lines are in the project area as weld as two cell phone towers along S. 3M" St. Sanitary Sewer: No sewers are located in the WSDOT right of way. Properties to be acquired along S. 356"' St, have septic systems. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. The electric service will be modifiers to supply additional highway lighting and signals and water service will be added to supply fare hydrants. The contractor will excavate for the water line and electrical conduit an d then bacI fill the trenches. C. SIGNATURE The above answers are true and correct to the best of my knowledge. Signature: Benjamin Brown Envir n ntal Documentation Program Manager Date 0 ZeJC7 M WSdOT 1.5-SR 161/SR 18 Triangle Improvements 16 Corrington Site Parcel #292104927 Parcel #2921049103 Parcel #2921049111 Parcel #2921049113 Parcel #2921049118 Parcel #2921049119 Parcel #2921049130 Corrington Site_mailinglist.doc RECEIVE DEC 01 2009 CITY OF FEDERAL WAY CDS Parcel #292104927 Harms, Philip D 36501 11 th PL S Federal Way WA 98003 Bridges, David W and Parcel #2921049103 Lori 36612 8th Ave S Federal Way WA 98003 Kane, Steve C + Parcel #2921049111 Shawna W 805 S 364th St Federal Way WA 98003 Parcel #2921049113 Gowers, William L 36525 11 th PL S Federal Way WA 98003 Bridges, David W and Parcel #2921049118 Lori 36612 8th Ave S Federal Way WA 98003 Parcel #2921049119 Gowers, William L 36525 11 th PL S Federal Way WA 98003 Brown, Dean C + Parcel #2921049130 Teressa 807 S. 364th St Federal Way WA 98003 Parcel # 2921049157 Federal Way City of P.O. Box 9718 Federal Way, WA 98063-9718 Corrington Site_mailinglist.doc N. Fork West Branch Hylebos F Wetland A Wetland acre) 1 S 336th St Wetland Creation (0.09 acre) Wetland Creation (0.03 acre) Wetland Creation 0.01 acre Off -Channel Habitat I 430 Linear Feet (0.n acre) _ ^z . • Wr.. Wetland Creation = 0.32 acre Wetland Enhancement -1.37 acres Wetland Buffer Enhancement =1.03 acres Riparian Enhancement Area =1.08 acre Upland Preservation Area = 0.06 acre Off -Channel Habitat = 0.19 acre Wetland Enhancement area within 75" of Paper Buffer = 0.60 acre Wetland Creation area within 75" of Paper Buffer= 0.04 acre Upland Preservation (Understory Enhanced) (0.06 acre) Wetland Enhancement (1.37 acres) (0.60 acre in paper buffer) Legend Figure I Project Area t Delineated Wetland � � � Y� Brush Pile �� Mitigation Activities Stream ® off -Channel Habitat _ A. Large Woody Debris 1-5/SR 161/SR18 Triangle Improvements p Culvert Removal i Wetland Buffer Enhancement _ _ 'Upland Preservation 75' Paper Buffer ® Wetland Creation - - Riparian Enhancement Area 0 Wetland Enhancement e 0 40 80 Feet The lack of structural complexity and interspersion of different habitat types reduces the habitat potential of the site. In addition, it lacks any large woody debris (LWD) or snags that offer prime habitat for nesting, denning, and feeding. Nevertheless, the mitigation site does offer a fair amount of wildlife habitat owing to its various permanent water sources, large wetlands, and rural setting. A wide variety of terrestrial, avian, and aquatic wildlife species probably use the mitigation site. Terrestrial wildlife observed within the West Hylebos Creek Park approximately 1 mile north includes coyote, raccoon, muskrats, mountain beaver, little brown bat, and various other small mammals such as mice, moles, and squirrels. These mammals likely utilize the mitigation site for feeding, denning, and migration. Avian species that use the site most likely include great blue herons, red-tailed hawks, and a wide variety of resident and migratory passerine birds. There are several different habitats available to reptiles and amphibians in the form of the North Fork of West Branch of Hylebos Creek, man-made pond, and inflow and outflow channels of the pond. Potential species include garter snake, northern alligator lizard, red -legged frog, northwest tree frog, northwestern salamander, and western toad. The only federal listed threatened, endangered, or sensitive species known to utilize the site are listed salmonids. The West Branch of Hylebos Creek is verified habitat for coho (Oncorhynchus kisutch) and Chinook (Oncorhynchus tshawytscha) salmon. CHAPTER 6—MITIGATION ACTIVITIES 6.3. Mitigation Accounting This section provides details on the wetland mitigation accounting of the project in order to ensure that the mitigation requirements of the City, Ecology, and Corps. Wetland mitigation efforts are summarized in Figure 10 and will entail the following activities: ■ Creation of 0.32 acre of Category I wetlands • Enhancement of 1.37 acres of degraded Category I wetlands ■ Upland preservation of 0.06 acre a Enhancement of 1.03 acres of wetland buffers ■ Creation of 0.05 acre of new off -channel fish habitat (stream mitigation) ■ Enhancement of 0.14 acre of off -channel fish habitat (stream mitigation) Wetland Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 36 .r, Adw Wi.Slj wWon State Department of Transportation TECHNICAL MANUAL Maintenance Manual M 51-01 February 2008 RESUBMITTED MAR' 0 3 ZOIO CITY OF FEDERAL WAY Maintenance and Operations Division BUILDING DEPT. Drainage Be alert for diversion ditches on top of cut slopes that prevent slope erosion by intercepting surface drainage. Diversion ditches must be maintained to retain their diversion shape and capability. Surplus material that results from ditch cleaning can often be used for widening. Material placed into the adjacent portions of the highway or disposal areas must not obstruct or impair other roadside drainage areas. Do not use material that may cause sedimentation problems to water bodies. Take care to avoid causing erosion problems or loose unstable fills. Don't use non -porous materials such as clay. They can become unstable when wet and trap water in the existing fill. If there is doubt about using such surplus material contact the Region Soils Engineer for assistance. Don't blade ditch cleanings across roadway surfaces. Dirt and debris remaining on the pavement after ditch cleaning operations must be swept from the pavement. Avoid undercutting the roadway back slope or in slope. Undercutting weakens the slope and will cause damaging slip -outs and other forms of slope erosion. Rockfall Ditches and Slope Benches Keep rock fall ditches and slope benches clean. Large amounts of slough or rock fall and other slide material that effectively block the ditch or bench should be removed as soon as possible after they occur. Dry Wells Culverts Dry wells accommodate the drainage flow in certain areas where: • Natural outfalls for a drainage system were not available. • Their use reduces the need for or size of downstream facilities. These dry wells should be inspected periodically. Replace the drain rock if storm water no longer percolates into the soil. A culvert is a conduit or pipe used as an artificial channel under a roadway or embankment to maintain flow from a natural channel or drainage ditch. Inspect all culverts at least twice a year. Keep them clean and in good operating condition. Changes in the up stream watershed due to logging, land development activities, farming practices, forest fires, etc., may increase water run off, sedimentation and debris. With these conditions more frequent inspections, particularly after periods of high runoff, are necessary to enable maintenance personnel to take corrective measures if damage has occurred. During storms and floods, critical areas need to be inspected and the culvert inlets kept clear. Repair and replace badly worn or broken culverts to minimize the possibility of damage to the roadbed by water saturating the fill material. Maintenance Manual March 2002 Page 4-3 Drainage Culverts with 50 percent or more constriction should be flushed or otherwise cleaned to restore the culvert's original capacity. (Use BMP's to minimize fish impacts when doing this work). Some of the larger culverts in flowing streams are designed for construction below the stream bed, to accommodate fish life. In these cases, the culvert should also be cleared of obstructions that may be detrimental to the passage of fish. Check culverts for scour around the inlet and outlet. Repair scoured areas with rip -rap or some other protection if necessary. In some cases standing water is desirable at the inlet end of the culvert to settle out sediment. Vegetation at culvert ends can be controlled by residual herbicides or mechanical means. Controlled burning of vegetation at culvert ends is a feasible alternative at some locations. Whatever method of vegetation control utilized needs to be accompanied by erosion and sediment control features/practices. Pavement markings that show the location of culverts should be renewed annually. These markings are critical for quickly locating culverts for both emergency and routine maintenance. Pavement markings of more permanent materials, such as thermoplastics, are encouraged. Automatic Pumps Under Drains Storm Sewers Automatic pumps, sumps, and pipes at underpass structures or draining depressed sections of highway must be kept in good operating condition at all times. Each installation must be inspected on a routine basis, at least once per week. Inspections should include the electrical, ventilation, greasing and drainage systems. Under drains are often constructed in the sub -grade to intercept subsurface water from springs and seepage water from the surface or percolating from below. Control of this water is essential to ensure the stability of the sub -grade upon which the highway is constructed. Inspect under drains on the same schedule as culverts. Keep their outlets open and clean. Choked under drains can be cleaned by high pressure flushing with water or flexible sewer rods. In cases where roots effectively block the drainage, the use of herbicides may be indicated. Whatever method of cleaning is used, consideration for erosion and sediment control is needed. In many areas underground pipe systems are necessary to carry storm runoff normally handled by ditches. Storm sewers are often used in long, depressed highways or along curbed sections on city streets. Water carried by the system is generally collected through inlets, catch basins, or manholes and carried by pipe to an out fall on a natural waterway. Page 4-4 Maintenance Manual March 2002 BFRGEVABAM E H G i H E E R S I H C- PrQjevt•� -,9! ►d1,L—F_ Subject 2 W-03 sDurc� = US&S ram $hee-+ of tv -o f 0441-eh 2401) Z Fran+ T�bl� �•. 0-aw, allao = o.11414 p ujhcne, JraSr0vJL ar^OL, ir+ Sgpa.t. r llt-S P ply in P' j%> fls 0.114 (D to) Cam) Qioo ' 31.I u Sheetof Job Number DesigneSCA r ate -16 1 a9 RESUBMITTED MAR - 4 3 2010 CITY OF FEDERAL WAY BALDING DEPT. Eng-003-061095 �1 DSO Eng-003-061095 400 SERGER/ASAM E N=G I N E E F S I N C. Project Sub'ect • Sheet. _ 1 of . Z Job Number/PAyr-6'F-l6Co`f' Designer 9CJlJ rWlAlA— Daie Sou►rGR.: 01)1:0 - Des+t,*,. 4 RoGd cxj► iw+s '&` p'sh AZIL U:S,JCE - EM 1116-2-I1po1 , Sew e, Dg = l•45S6.555 (1.25$) 3 11/3 v-)Vie4-*- S = i*2. but Slope- �r�r+�• EN1 1 s lb - �-1[p�� , Set, -tan +✓ w1rive, Q r "ill dis4voy- .3Z cps rj = o.,0155 RN+ —�► pu'a Sl-r�a4m � ra�atQ 4 = 32.2 �+/SZ 0.555 -7E( zs X 1 L v 4-44 ( 3Z.2'+/52 ) �13 RESUBMITTED a = 0.4+1 T+ = 5.3' CITY OF FEDERAL WAY BUILDING DEPT. z�00 BERGFR/ABAM E N'G I H E E A S I N C. Project ✓+�/ Sheet Z of Z Job Number — Designer �:SCJ3le,e6MM; Date S. �71J01 LI.S, An Ctxp p� ��1he� err► .S gn�.v�lar rcrJc_ ttyii'%1 Gt UY1i� �,ItiAd�ri'{Otti� ma C!1 MA04'a.. C fP4 )S o aPr�pr Je. levr- 5r►n U CJ -,A ran ea'S) Is A S Dg4 ' I.5J D 36 D84. 15 ( D . 4+7 f-f) Dg,�. ^ O. U 71 f ' ar- 8 .p'1 Eng-003-061095 Eng-003-061095 1�0 BERGERIABAM E N Ci I N E E R 5 1 N C, Project Sheet _ / of . Job Number��/�fiPG11i—Q'F• Subject _ 7J FAMT�jzr Designer�21<� Date, ZQ�9 I /,81;(TA,y &/(vli - -ST0454W 92EN.1 &IME,J7- �a 1 yes4Y10 = 571 R p 3 }a 8 ahAmwei walks ks OQ. 5� �# � 579i�" 32 +a lZ lobs WI&A (� 4� relacav�- 774.&Ar y Qjitgt — nh,J Ld�zp 94"P /z" "a` "' = 254P -Pi'. CkAnr� wi&0+\ Co f+ :. lCK6 five !S f- �o +8 f+ 25to p- 25cv f+ is f+ pf- 1¢ f 5 lobs �zr bo►(PA e9W1wp RESUBMITTED MAR' 0 3 2010 CITY OF FEDERAL WAY RI In niKtr_ nr_v-r J� 1100� RERGERIASAM E N-G ! N E E R S I N G. Project +►�����E Subject ��- &5WIC 1. aGc S Fa ek 5heA� a cP -o l (p4,,-h 2.01) 1'�✓ts�e f 'a� Kim Coun4� ? Z Frrxr Tab1� �• D•$f01 I.tpZ 61100 ° 0•17414 p A = 59uat. ryl"li-s P r„orI&s r r� 1p Sheet of Job Number G 6¢���`� Designer Date —461 �q Pr" inc.I�•S —� �'ro� n1019fF lavb5%� - � f.Ip2 zoo 31.1 a�'S 32c�s QIDO r Eng-003-061095 glineRAVF N uflr Sti3gC@ES-01 LINE -24 ------ ! 1 I I { 11.)5pp1 I 2901 - - -- - - I VERT Ar I I CULVERT EXTEN510N AT 476+45 LW NW-03 CONSTRUCTION — _ _ — $ _ . _ — — — — _ _ — _ — _ • — ----------------------------- I 8.01 ------- — 15.0' FIRT REiNF HC. THREE ARE ---^---- I H A ,` I ----I-------- ---- —_— --_ 305� '-2 �-_-------- ---- I I saL ------------------^ TA LINE 14- ,0 — — ` —• — 3001 1 ELEV. 290 00' -0,g39L 1 _ _ _ — — — —--`--••-'—_ 16-01.7 40,3'R TA LINE 16-5. ^ �--_ •--_ _--_ _• — ELEV. M 37` 295 I PROPOSED STRERMOEp �� — I — — —a.sex ' — — — — 2901 PR sraEA1�6{n i"�; PRECAST FOOTING LDPOsED f— — — — — — — — — — — — — — — — — — - — — 1 I 30' — I L--.-----------------�—_—_ I I PROPOSED CULVERT _____ AT 18+07 NW-03 _ - -_ __ - - - PRECAST REINF. CONC. THREE -SIDED STRUCTURE PRECAST FOOTING 10.0• TA LINE q HEADWALL 1 I 2.0' ENS i. ays ,!�•X/• r► �! a .. I.r /� a ,'�� �• � A. o � ` • �••NIti Xr }�ylpI..r PRECAST S3s FOOTING° THREE FEET BELOW FLOW LINE OF STREAM. .0•TYP. RESUBMITTE WING WALL 7 -T--� MAR 0 3 2010 0 fY OF FEDERAL W�y BUILDING DEPT. HEADWALL FOOTING USAGE Stream Simulation for NW-03 Culvert — Tributary 0016A Source: WDFW Design of Road Culverts for Fish Passage (2003) May 08, 2009 Design Process ➢ Suitability of the Site • Tributary 0016A's natural gradient is —2%, which is less than the maximum gradient of 6%. Therefore, stream simulation design is applicable for Tributary 0016A. • Since the new culvert is on a proposed stream gradient, the design of the culvert will be such that the slope ratio is less than or equal to 1.25. i. Slope Ratio = ScIIly/Sch • The culvert itself may be installed flat or at a grade depending on the culvert design length and bed slope. The slope of culvert will be 1.55%. i. Try to minimize for stability • To obtain equilibrium, the quantity of sediment and size transported into the culvert will be equal to the quantity and size transported out of the culvert. Stability within the range that can be accommodated by the culvert. ➢ Assessment of the Adjacent Stream Reach • Proposed stream realignment was designed to match the upstream reach, and the culvert will be installed after the channel has stabilized. i. New culvert — in case of new culvert, no need for a reach assessment if the natural channel is to function as the stream simulation channel. Tributary 0016A culvert is to function at existing natural characteristics. No need for reach assessment. ➢ Culvert Type and Size Type and size culvert i. Bottomless concrete box culvert ii. Minimum width of the bed (Wculvertbed) ■ Equation 4 - Wculvertbed= 1.2Wch + 2 (in feet) Assumed ordinary high water mark (OHWM) 6' Wch = width of the bankfull channel (6') Appendix for definition Wculvertbed= 1.2Wcb + 2 (in feet) = 9.2 — 10' • Manual states that culvert could be 8'-10' wide. ➢ Culvert Bed Configuration • Configuration if the bed design is to follow scenario 1 of Chapter 6 in Design of Road Culverts for Fish Passage, page 33. Gradient is less than 4% and bed is predominantly native material. Band of coarser rock to be used to control grade and channel cross- section. ➢ Culvert Bed Design RESUBMITTED a Used U.S. Army Corp. of Engineers Riprap Design (Appendix E) MAR ' 0 3 2010 CITY OF FEDERAL WAY BUILDING DEPT. Design of Road Culverts for Fish Passage Page 1 Stream Simulation for NW-03 Culvert — Tributary 0016A May 08, 2009 Source: WDFW Design of Road Culverts for Fish Passage (2003) ➢ Bed Gradation and Specification 36, Knowing Dmax, the rest of the bed is to be well -graded following Figure 6-3, page Natural Sediment Distributions. " D84 = 8.0" D30 = 5.3„ Choose from WSDOT Standard Specifications 2008 i. 10" streambed cobbles, 9-03.11(2) Streambed Cobbles Streambed cobbles match observed streambed substrate located approximately 500 feet upstream of proposed culvert (see Figures 1 and 2 below). Figure 1 (Tributary 0016A Bed Substrate — Dry Streambed on October 4, 2005) Page 2 Design of Road Culverts for Fish Passage Stream Simulation for NW-03 Culvert —Tributary 0016A Source: WDFW Design of Road Culverts for Fish Passage (2003) May 08, 2009 Figure 2 (Tributary 0016A Looking Downstream — Dry Streambed on October 4, 2005) ➢ Bed Material Placement Specifications of bed material placement will be written in order to achieve stream simulation. Proposed channel will have been constructed and stabilized, including bed material prior to culvert placement. Constructor will not disrupt the streambed material when constructing the bottomless concrete box culvert. ➢ Adjacent channel and streambank restoration • The proposed culvert will be placed in a newly constructed channel; based on the large amounts of grading adjacent to the new stream channel alignment, none of the original vegetation will be left intact. • A native plant community will be established on the streambanks and in riparian areas disturbed by the culvert construction. ➢ Bank protection • Based on the low gradient and flow rates of the stream reach, no formal bank protection measures will be necessary to prevent unnatural amounts of erosion. ➢ Revegetation • Revegetation will occur following the completion of grading activities and consist of the establishment of herbaceous, shrub, and canopy vegetation layers. Design of Road Culverts for Fish Passage Page 3 Stream Simulation for NW-03 Culvert —Tributary 0016A Source: WDFW Design of Road Culverts for Fish Passage (2003) May 08, 2009 All bare earth within 150 feet of the stream channel will be hydroseeded with a native herbaceous seed mix ■ the hydroseed mix will contain mulch and a tactifier to prevent erosion and encourage early seed germination and plant establishment. Native woody vegetation will be installed during the first planting season following the completion of the grading activities necessary for the culvert construction. plant species and location are on JARPA Sheet #26 plants will consist of both containerized and bare -root forms. All plants should be installed between December 1 and March 31 when plants are dormant. Planting outside this period will require supplemental watering to ensure survival. Design of Road Culverts for Fish Passage Page 4 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES A�k 33325 8`h Avenue South CITY OF � RESUBmi-aED PO Box 9718 Federal Way WA 98063-9718 FederalWay �Eg` 0 1 2010 253-8 www, ii Fax 253-8vay.co 9 �vww.c i lyo ffcdcrahray.carr► CITY CEDING DEp WAY RESUBOffil IAL INFORMATION This completed form MUST accompany all resubmittals. "Pleasenote: 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 LA S7� C— Project Address: S S'CZ 1 '.-Q Project Contact:Phone:_ RESUBMITTED ITEMS: # of Copies ** moo- OP Zc� co - 2(-o'7 — ca soil Detailed Description of Item i I �"n rsr, C -'r -t" 9k cLrN \ .k-R �'— P- + ') ► r.. , ►ri e-J ** Always submit the same number of copies as required foryour initial application.** Resubmittal Requested by: Letter Dated: (staty mem5er) OFFICE USE ONL Y RESUB A- 1 Distribution Date: c] ILho By. - De t/Div Name # Description Buildin Planning PW Fire Other Bulletin #129—Apri121, 2009 Page 1 of 1 k:\Handouts\Resubmittal Information Washington State �. Department of Transportation Paula Hammond Secretary of Transportation January 27, 2010 Mr. Mathew Herrera, Associate Planner City of Federal Way, City Hall P.O. Box 9718 Federal Way, WA 98063-9718 Northwest Washington Division ESO Megaprojects (AWV, SR 520) 999 Third Avenue, Suite 2424, MS NB82-230 Seattle, WA 98104-4019 206-267-6840/ fax 206-382-5291 TTY: 1-800-833-6388 www.wsdot.wa.gov RFCEpJE1D B T 0E?AjJwS9T 00MMUNUT `! DeJ J AN 2 RE: File #09-104380-00-UP; WSDOT response to ESA Adolfson review of wetland and stream delineations, impact assessment, and proposed mitigation. Triangle Project (I-5 — SR 161/SR 18 Interchange Improvements) Dear Mr. Herrera: This letter is in response to the December 31, 2009 memorandum from ESA Adolfson regarding the review of wetland and stream delineations, impact assessment, and proposed mitigation for the WSDOT Triangle Project. Based on their review of project documents and field investigations, ESA Adolfson made five recommendations: The area east of Wetland M and north of Tributary 16b should be re -investigated during the early part of the growing season to ascertain whether the Wetland M should be extended east toward Wetland N. a. There will be no impacts to Wetland M north of Tributary 16b; extending Wetland M will not alter impacts or proposed mitigation. Therefore WSDOT does not believe a re -investigation of Wetland M is warranted. 2. Tributary 16b should be re-evaluated to determine whether it is a stream or a wetland; if it is a stream, boundary pin flags should be placed in the field for City of Federal Way review. If Tributary 16b is a stream, it should be assigned a Federal Way category and buffer. Stream buffer impacts to Tributary 16b should be addressed. a. Tributary 16b has already been evaluated and determined to be a wetland and not a stream. The Delineation of Wetland N memorandum, which was submitted to the City for review, states that Trib 16b does not have a defined channel bed, has no signs of scour, and no longer functions as a stream (give page number). Contrary to what is stated on p. 2 of the memorandum, Tributary 16b is not identified in the Project's Draft Stream Mitigation Plan as a stream for which mitigation is required. City of Federal Way wetland categories should be updated for Wetlands AB, U, and E to Category II, II, and I respectively, or sufficient justification for their original categories should be given. a. The project will not impact wetlands AB, U or E. Changing their category would not change the proposed mitigation. Although wetland buffer sizes would increase r0 if the wetland categories were updated, which may increase buffer impacts, there is no specific requirement for replacement ratios for wetland buffers, as stated on p. 4 Of the memorandum. The project already proposes to enhance 1.03 acres of wetland buffer to offset 0.32 acres of forested buffer impacts, a ratio of greater than 3:1. The project will also provide stormwater runoff detention and treatment for 48.8 acres of pavement (retrofitting 232% of new pavement) to offset water quality functions provided by impacted buffers. 4. Justification for not satisfying the FWRC wetland creation requirements will need to be provided. a. The memorandum states that the minimum allowable ratio for wetland replacement is not satisfied by the proposed mitigation according to FWRC 19.175.030. WSDOT disagrees with this assertion. Per FWRC 19.175.03 the City Federal Way requires a mitigation ratio of 1.5:1 for wetland creation and 3: I for wetland enhancement for Category III wetlands. The project proposes to offset 0.20 acres of Category III wetland impact with 0.19 acres of wetland creation and 0.77 acres of wetland enhancement. Using the 1.5.1 ratio, creation of 0.19 acres of wetland therefore accounts for 0.126 acres of Category III wetland impact. Using the 3:1 ratio for wetland enhancement, 0.77 acres of wetland enhancement accounts for 0.256 acres of Category III wetland impacts, for a total mitigation area of 0.382 acres, which more than offsets the impact of 0.2 acres. (These numbers do not include an additional 0.04 acres of creation and 0.6 acres of enhancement that will take place within the "paper buffers" of the Corrington site.) 5„ Revise project plans and impact calculations based on updated wetland and stream categories and buffer widths and resubmit for City of Federal Way review. a. Based on our responses alcove the impact calculations remain the same. WSDOT does not believe that project plan revisions are warranted. Thank you for providing us the opportunity to respond to this memorandum. If you have any questions, please contact Brigid Dean at (206)267-6504 or deanb@wsdot.wa. ov. We have moved offices, please note that this is a new contact number. Sincerely, mqwt�.Y)�r It Allison Hanson Director of Environmental Services for Mega -Projects, WSDOT Electronic cc: Allison Hanson Bruce Nebbitt Brigid Dean George Ritchotte Jason Turck i TK O E n G �y1 W !OR I AWM M I N I SVI3 nP 7.�77 r- ca yr zrn o_ 03 ccT *m CO) oa G) -n =r �r N �m rr o� -n i ao zCD C y r f� 2 70 m O r v --- ! l ! • � 1 � 1 f C ! 1 Corrington mitigation Site 1 Parcel Map and Data f sin 2921049110 OM M4 Federal ay uF— � ors I� a Dill I W74 0 .. 2006 rGrp Cou n,y� r I Parcel Number 2921049110 Address 933 S 364TH ST Zipcode 98003 Taxpayer WSDOT-REAL ESTATE SERVICES The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. fling County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, Incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contalned on this map. Any sale of this map or information on this qLap is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages. you expressly agree to be bound by terms and conditions of the site. The details. RECEIVED DEC 01 2009 CI-ry DF FEDERAL WAY CDS ti Print Map Page rage i or i Triangle Main Project Area 0096 ONO 0106 S 335TH Si 5004 9003 Parcel Map and Data J 25 UWJ4 t fpj, ` � 0420 y HYOFi 2121043002Wrq °`"~"""ter North Lake gars i tk3fi �+ - 3025 0055 0046 0025 DO" 0015 s 33artl sr 0005 9039 E 4002 o0s0 0010 9082 9061 9095 Federal Way i ;;3:tST?i i i r i I y 0040 SOW 9033 j 0050 9048 9ar2 � 9001 s taa0a f 902e � 9044 9045 W r 9056 2M f to 9010 9088 9052 {G72t?4B Kt'ttgCaunfy� Ottlt� ;•1•tt1 9a1•r Parcel Number 2121049002 Address 33663 WEYERHAEUSER WAY S Zipcode 98003 Taxpayer WEYERHAEUSER CO The in Formation Included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no repro senta[ion s or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such Information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not IimiLed to, lost revenues or lost profits resulting from the use or misuse of the Information contained on this map. Any sale of this map or in[ormatlon on this reap is prohibited except by written permission of King County " King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details_ http://www5.kingcounty.gov/parcelviewer/Print—Process.asp 1 1/ 13/2009 Print Map Page Page 1 of 1 x❑ King County Navigation Bar (text navigation at bottom) Parcel Map and Data { 19I32OJ108 /gJ�2'_Th:7J Ii J38J100000 :�1657000!0 797H2'J`y`jto 7918100JOU 19182O0106 2796200009 299/600000 191WOUWA I1J /918200J96 7978�3::� J 5335rHST — '2t2t©�% 21210•i9JO•i Federal Way z1z1J49JJ3 2121049J02 N 212)049034 2121049047 W} G S 367M ,,T R i 390380ui100 s9n <gJ{i0�i 39030000/0 212J049U82 2/21049061 2J210•i9J85 3903800080 / {C}?1,OS KmgC2i Ly* 1 0�8311 Parcel Number 2121049003 Address Zipcode Taxpayer CHRISTIAN FAITH CENTER The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice- King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services. I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The dWils. http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 11 / 13/2009 Print Map Page Page 1 of 1 ZKing County Navigation Bar (text navigation at bottom) Parcel Map and Data 4124i"000-1n 272T049U� 41296U0055 . 2121049044 2U21049U93 2121049984 2,2JU499M �' 4129659935 2.12i0490452693300000 212)L149923 2J210•f4![I3 � 4i296U0U45 4129600U4U ff s 3Rtn[ sr mm 212104 9010 369IOOU425 889T000U3T 8897004U30 2yy}4�J37 889T(NJUU :' 5 7r�f}'J9fP3Cut0 889f0000i0 250090UU2U 884T0000•tU 2121 _ :50U900Uirt 25UU4L'U0 7 0 884iQUC�055 �$9700J� Federal Way yJ 2i2JU49UiU j 2'a0U9rrn!tfL' 889Tr1UL[U65 25URY_u[1n![ 884TULK'U15 � 25UU9000f0 689fU'_i0U60 25?rtY!u_ti0ur[ 889T000085 2509900080 [[j 8897000040 j '<'12i0•f9012 889/090U95 8t19f0�1l30 21210•f4'�7J 212;'0•f9U,•'8 at39�re�Jrs S 348TH ST {c��oslGsrgcourtryr Parcel Number 2121049010 Address 34520 16TH AVE S Zipcode 98003 Taxpayer WAL MART REAL EST BUS TRST The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied -as to accuracy, completeness, timeliness, or rights to the use of such Information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost proFts resulting from the use or misuse of the information contained on this map. Any sale of this map a Information on this map is prohibited except by written permission of King County." King County I GIS Center I News_ I Services I Comm_.ents .1 Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingeounty.gov/parceIviewer/Print_Process.asp 11/13/2009 Print Map Page Vage 1 of 1 I King County Navigation Bar (text navigation at bottom) Parcel Map and Data 21F1CY15�JD1 6id2EU1J2U0 2121104900144 2/21C�•T9752 � , 222!as�a•ro f$ dl a Federal! Way 2rz�iw�� � w Zi27U•t9C'it W 222 i Cif 403i 2i9fEUU1U5 rn 2i9!60UJ7U � 2Jy+3Ci7UJ7i� � l9riG� C35 �1976:YJEk"U 2 p7J916C1JUJ5 2lS�I6.uIflU r4 R-4 x $t4'J5C f U 2i90EUi50U RiL 2I9G53J9iU t ee 1!u7GTl181+J 2J4rG�JJ f7 R-4 -R-4 {C}21frld V-;a •179tsLvigsf.2:1 10 W 5 2 =!y'JiJ�3Jib 2:9V63J195 Parcel Number 2121049014 Address Zipcode Taxpayer WEYERHAEUSER NR COMPANY The information included on this map has been compited by King county staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or Imp]led. as to accuracy, completeness, timeliness, or rights to the use of such information. King Counly shall not be liable for any general, special, indirect, incidental, or consequential damages Including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information con lained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County.' King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site The details. http://www5.kingcounty.gov/parceIviewer/Print Process.asp 11/13/2009 Print Map Page Page 1 of 1 u King County Navigation Bar (text navigation at bottom) Parcel Map and Data W :39033994t0 3903WO50 2i2)EL1060 1 212i949033 cv 212)049048 2121049028 21210•f9012 +� 2121049091 _ 21210•19002 2693390000 21��'173AU28 Federal Way 21210d90.1'f 2'121049045 ' 2'J2'1049'_�56 212/049010 a 2i210•f9052 111iId�JBB �C) 2008 King Crunfy� t Parcel Number 2121049028 Address 2020 S 344TH ST Zipcode 98003 Taxpayer DEPT OF TRANSPORTATION 'The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or frights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS_C.enter I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parce[viewer/Print_Process.asp 1 l / 13/2009 Print Map Page Page 1 of 1 ❑x King County Navigation Bar (text navigation at bottom) Parcel Map and Data 2121Ud4004 3903$oww 212)049082 2121L�f4U67 2)21C1f9U85 S 3e1Sr pl, y 34G38UGG6J 7l210d4U(iU 21210•r9U48 < to C4 2127 U•r9012 - .9033 21210d90U2 26933GGGC1U +! 212/044028 2127 0•T90.19 i dC:}' K1ttg County„ I Parcel Number 2121049033 Address 34114 21 STAVE S Zipcode 98003 Taxpayer SCHINDLER FMLY LTD PRTNRSHP e information included on this map has been compiled by King County staff from a variety of sources and is subject to change lhaut notice. King County makes no rep resen ta lions or warranties, express or implied, as to accuracy, completeness, timeliness, or his to the use of such information- King County shAI not be liable for any general, special, Indirect, incidental, or consequential makes including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this 1p. Any sale of Ibis map ar information on this map is prohibited exeepi by written permission of King County-" King County GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, You expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingeounty-gov/parcelviewer/Print—Process.asp 11/13/2009 Print Map Page Page 1 of I ❑x King County Navigation Bar (text navigation at bottom) 0 Parcel Map and Data 902s E 2121 1 0�/05 ra nrt0 1 Rom¢ 0005 u 0120 ;j 0255 p ,1 U820 0/10 ¢ 0100 < {C} 2fJQ4 Wn CCunf R-4 R-Q�:ba o 0910 0090 P UOiO OSRU 0J30 1 i00 g Y J;�S ? 0J90 OU85 1015 0795 Parcel Number 2121049052 Address 2835 S 344TH ST Zipcode 98003 Taxpayer RHODODENDRON SP FOUNDATION information included on this map has been compiled by King County staff from a variety Of sources and is subject to change gut notice. King County makes no representations or warranties, express or implied, as to accuracy, ❑ompleterness, timeliness, or s to the use of such information. King County shall not be liable for any general, special, indirect, Incidental, or consequential ages including, but not limited to, lost revenues or lost profits resulting from i f the use or misuse othe nform ation contained on this Any sale of this map or information on this map is prohibited except by written permission of of!no Cnimw Parcel Number 2121049052 Address 2835 S 344TH ST Zipcode 98003 Taxpayer WEYERHAEUSER CO King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parceiviewer/Print Process.a — sp 11/13/2009 Print Map Page Page I of 1 1 M King County Navigation Bar (text navigation at bottom) 250099 069 250040010U 26909000 N 2YYJ90090 2500900U80 Parcel Map and Data 21210490P0 dl W C = 2i21049012 2121049078 2i210490ii Federal Way 2:210490F8 } y 2192fi0U5,'0 U (C)!LCh 'ixg County )f� Limit Parcel Number 2121049078 Address 1688 S 348TH ST Zipcode 98003 Taxpayer MOON SUNG MIN+DEBORAH 'he information included on this map has been compiled by icing County staff from a variety of sources and is subieet to change dthout notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or ghts to the use of such information. King Counly shall not be liable for any general, speclal, Indi reel, incidental, or consequential am ages inoluding, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this lap. Any sale of this map or Information on this map is prehibiled except by written permission of King County.' King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parceIviewer/Print_Process.asp 11 / 13/2009 Print Map Page Page 1 of 1 l7x King County Navigation Bar (text navigation at bottom) Parcel Map and Data �I I I i I 212)0•19004 2121049003 i �I � 212i0� 49�� d 2121049982 Federal Way 2121049061 2121049035 S 341ST N c^12104d033 212M49060 2121049148 d 2121049002 y N (C? zoos IGug•Cwllly� Parcel Number 2121049085 Address 2110 S 341 ST PL Zipcode 98003 Taxpayer R & K PROPERTIES LLC The Informalion included on this map has been compiled by King County staff from a variely of sources and is subject to change without no lice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable fer any general, special, indirect, Incidental, or consequential damages including• but not limited to, lost revenues or lost prohls resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parceIviewer/Print_Process.asp 11/13/2009 Print Map Page Page 1 of 1 xl King County Navigation Bar (text navigation at bottom) Parcel Map and Data 4i29600U55 4T2960003U m 2121049044 le 4129000'5 2121049045 26933LIOLILIU 2121U4y-028 41296VIX340 2/21049U56 j S WTH Sf ' 2i99 2121 049088� fi I a12Jx9�ra ' federal Way y 2121049052 2721M9010 1 I {C) 2dU3 long Couxty� I ci�r--.ft Parcel Number 2121049088 Address 1820 S 347TH PL Zipcode 98003 Taxpayer FEDWAY MARKETPLACE EAST The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to. lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I Ne..ws I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 1 1/13/2009 Print Map Page Vage t or i i--] King County Navigation Bar (text navigation at bottom) Parcel Map and Data 6947600605 u? +C 215d660U2U S C w r w 21 5466 0 715465L�0' �` 7iSt6tiTFrG T 6i•f.�50P200 � NFederalWay y 715d560L�5C� f8 I�671p1J1F5 4C) 2008 long Caesntyy s Parcel Number 2154660050 Address Zipcode Taxpayer HERON PARTNERS LLC TRACT A The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information, King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kin-county.gov/parcelviewer/Print Process.asp 11/13/2009 Print Map Page Page 1 of I IdJ King County Navigation Bar (text navigation at bottom) 21219i9Z2 cl Parcel Map and Data Federal Way 21219-1991i 2191600705- . �;.r 2191600105 219/690/10 2191 EU0{tpg '219i6YJ109 2191600020 2J9lEUOY'1Ct R- 2/91600510 R4 21 Rt90 2'JuJE9t1036 2J91690115 R4 2191 EfYJ049 4 R2191E002!4 —1216900Al 2191600720 i� R-4 2191E000E5 219!60CKt52 2)9J600190 21916U0YY{� "L'/91500Y80 219160007U 219160[t0E6 [Cy 2008 aGmg Ccuntp* 2'19160UY91 J3y11 Parcel Number 2191600705 Address 34805 27TH AVE S Zipcode Taxpayer BOYLES ROBERT J 'he information included on this map has been compifed by King County slaff from a variety of sources and is subject to change dlhout notice. King County makes no representallons or warranties, express or Implied, as to accuracy, completeness, timeliness, or ghts to the use of such information. King Counly shall not be liable for any general, special, indirect, Incidental, or consequential amages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this lap. Any sale of this map or information on this map is prohibited except by written permission of King County " King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. hitp://www5.kingcounty.gov/parcelviewer/Print_Process.asp 11 / 13/2009 Print Map Page Page 1 of 1 �x King County Navigation Bar (text navigation at bottom) im Parcel Map and Data 212104901d Federal Way z - _ 2/91600105 2i416!Y_�1i0 21916i0 820,] 219l600199 219160082ET 2!9160UliD N 2141600910 2�y !q RR 2i916J �90 R. ,f 2191600040 8IU 214J6008ii R-4 2l41600I20 2!°J600085 2141600p/0 2i9!600;40 2l4J600T80 219!600CrTC� 2191690791 5 39m ST Parcel Number 2191600820 Address NO ADDRESS Zipcode Taxpayer MILLER JAMES C information included on this map has been compiled by King County staff from a variety of sources and is subject to change aut notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or s to the use of such information. King County shall not be liable for any general, special, Indirect, incidenla1. or consequential ages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this . Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcot.inty.gov/parcelviewer/Print_Process.asp 11/ 13/2009 Print Map Page Page 1 01 1 AKing County Navigation Bar (text navigation at bottom) Parcel Map and Data 1 R=4 21916U0lU_ ' 195600137'D�• 21916UC18iU F; I "i A 1.1416U`_Is;l•i2!9i60C�,'J5 Federal Way t 60A :5 R4 2!91699i90 ca ,R-4zl4lcoorso xr ' 274$p67n,'9r F _ r�1 R- 11�18C11rGn 2r9!6U!UJU iB 7► � 2!916U112n 2191600580 VVW194f, R-4 r �gJir1ly 2!1J6'U6IU 219J6Jn67U ��+� R� 219!6UOU20 2191fi9182� �:�r Z7T�!6U1Ud5 2-191SU7G15 �1Z 2!9JSE17t1Y5 21916UU635 t71 f.151.^,T ST ?79i60J6GU 1a'6n121uP6U73C13 1R d 16n11502191fiUr.16 2f9i5'3''1r'J 2:91�1c"�5�'_• 2191f'00.1-t0 �i 1Gh7U5'J R-4 en 219/6J!3rIU w 2fy'1Sp'l167 dlfil8aL1if5 � �r > � 5u 219!F�IU5�15 R-4 R 219f6J:1$!J _� 2!(?1601302 4 Z1916UU•f6Cl R.4 2'u)6n2iTU riS R -`l LIy1UUJJiO A j'�7916U0ii R4 R4 ?916U2nun R� 2J°iEU1.'.U! t" . 2!9!G013/n �219lUU/22G 21916UU'_�!f1219!6UOd8v LI 095UU29U G pIUU$n{i3JU1U05UJ2CI'3 i� RU103•tUU!•fU 4,� UJ03dU0130 292rU•f9U0; �.'rrrr�� I!A (G} 2CG9 tGng Gountyy C.U!�!!S�DJ !UUoCnU2UY:UfJGnrlICI n=1 1!� .'r ryR-4 91U Lti, �nnr •ri �' -%flG1UR 0.1 005LI9339 17;I 3•fQUU.'U' Lr 5rr 3U Parcel Number 2191600870 Address NO ADDRESS Zipcode Taxpayer KING COUNTY The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy. completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print—Process.asp 11 / 13/2009 Print Map Page Page 1 of 1 J King County Navigation Bar (text navigation at bottom) Parcel Map and Data R,4 R4 2i9i6UJi95 Federal Way M 1601760 "J ' 6 1169 R-4 R-4 219J60081T R.4. R-4 R•4 R•4 R-4 FZ-4 2l91(iUJGSU R,4 18 219/6U179U R"4 2J9?60,BU0 R"■ � Ro4 R-4 R-4 R-4 R-4 R•4 R-4 2191661i625 R-4 R-4 Parcel Number 2191601760 Address NO ADDRESS Zipcode Taxpayer LOITZ MARILYN-PR FOR ESTATE The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or werrantles, express or impl led. as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, Incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the Information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County' King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions or the site. The details. http://www5.kingeounty.gov/parcelviewer/Print_Process.asp 11 / 13/2009 Print Map Page Page 1 of I ! 1 King County Navigation Bar (text navigation at bottom) Parcel Map and Data 2iu16q!SiO R-4 R•4 _ 2191601 Y25 ai9lsaa110 XA Federal Way 2191602*9 2191602050 2) 9, 602135 R R-4 R4 : ! 916[08Y0 R-4 Z141602%1'0 214!602090 0"_'611 {C] 20GsB i4ng Gaunly� 28210f400f Parcel Number 2191602150 Address NO ADDRESS Zipcode Taxpayer KING COUNTY The information included on this map has been compiled by King County staff from a variety of sources and is subject to change wlthout notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeiiness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits fesulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments. I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print—Process.asp 11/13/2009 Print Map Page Page 1 of 1 ❑x King County Navigation Bar (text navigation at bottom) Parcel Map and Data 21926005/tl ') 2192600590 fir 2i92$�� 2Federal Way 192600290 2192600160 �i S 35MD ST 202194008 �6J J Ty]pu {`r _ R7isg G`OLirt}'►` 4 G� FF'41 Parcel Number 2192600180 Address 35030 16TH AVE S Zipcode 98003 Taxpayer COSTCO WHOLESALE CORP The information Included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King county makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King Counly shall nat be liable for any general, special, indirect, Incidental, or can sequential damages including, but not limited to, lost revenues or iosI profits resulting from the use or misuse or the Information contained on this map. Any sale of This map or information on this map is prohib]led except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parceIviewer/Print_Process.asp l 1/13/2009 Print Map Page Page 1 of 1 I--] King County Navigation Bar (text navigation at bottom) 61 8891U0U1i5 W 2121049077 { tO S 345tH St 1852950190 18529501/0 W. 1$52950129 S it G W 185290WO 'ZZ 4 1852950920 (zJ W� Parcel Map and Data 212JUd9018 11i52s5uusu � 2J926UU2°0 2!9260018U 1852959M) {C} 20ra6 l4rg CcunlyY `' r ' It Parcel Number 2192600570 Address 34930 16TH AVE S Zipcode 98003 Taxpayer WEST CAMPUS SQUARE CO LLC he Information Included on this map has been compiled by King County staff from a variety of sources and is subject to change rithout notice. King County makes no representations or warraMes, express or imp]led, as to accuracy, complelaness, timeliness, or ghis to the use of such information. King Courtly shall not be liable for any general, special. Indirect, incidental, or consequential amages ineiudIng, but not limited to, lost revenues or lost profits resulting from The use or misuse of the information contained on this iap. Any sale of this map or information on this map is prohibiled exc8pt by written permission of King County' King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions or the site. The details. http://www5.kingcounty.gov/parceIviewer/Pr-int_Process.asp 11/ 13/2009 n Print Map Page Page 1 of 1 King County Navigation Bar (text navigation at bottom) Parcel Map and Data l261209195 726121AI V6 7261209221 n n')I AA nnAn S IWTH ST {C}2408 IGngCe+.tntg� !� _�� -31t Parcel Number 2221049040 Address 3450 S 344TH ST Zipcode 98001 Taxpayer LBA REALTY The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search - By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 11/13/2009 Print Map Page Page 1 of 1 M King County Navigation Bar (text navigation at bottom) Parcel Map and Data I 2! 9.7 L:J205t7 2' 9160130U � 2!31602135 h 2Jy.'GU'3U: a c 2}92600}80 279}6Lf: R-4 R4 p'6U`J8/U 4 R„4 [fu:'6D7225 � s 3524� ST 2 JyJr��zr�u 2821049007 J7T .1.MUMS--W� 310W90500210 0!00500220 :1:'005U0230�a3ri7 1009Y)y50 R.4 0l�0a003i�.F 010vJ5J'i,7$'� U1034DU3UU R-4(� U1J?5r31ltCT U;'LvJ500190 -P 0:' 031Un } un Federal Way 2GZi0490UY Af LR0U5U0!90 �F 396:'•r'_iC139n r d0400IN,01U0570140R 010U500i3U "{ 2827U•f91:4 U'}:U� U400 U70USt1U}20 � . 01�z5L'J3!U U100'v9U!00 01 �U1f10 335STl1 PL 610MCF430 S358T}!ST 0100500010 37i61,f5U'Fi0 i 3Y6144'_�39U vi R-443L230Ud74 R44 2h21ri.f91.. _e 4322J:i0n29 3$6!4403EU 282i0490fi9 2p2jUf�184 21-TPia �j 83s?FHST 3iffi! •r•TU3YU 313fi!S•fU38�� 38G'4•F�7iJ ■ p 432230Jfy0 (C)2LCsBN'n9CrJ._Asyr 386-1d4U35U'1'1d4U020R•� n�•0,gi1t R� Parcel Number 2821049007 Address 1950 S 360TH ST Zipcode Taxpayer KING COUNTY The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including• but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 11 / 13/2009 Print Map Page Page 1 of 1 x� King County Navigation Bar (text navigation at bottom) Parcel Map and Data Js529sx�•fe 2/926UL�290 2021949!16 ni Y S ]SM ST U 292/919096 r� w 2921arsu�. Federal Way 2821049008 2/92600180 2821UQ9106 282'!0.19!i2 282J0491!3 282iCwf9J2d 2821049008 1B 282J0491?6 1?. {C}�53 3Gnr} C,. �"�JY 28210•f9125 a 7'�i1 Parcel Number 2821049008 Address 1715 S 352ND ST Zipcode 98003 Taxpayer HD DVLPMT OF MARYLAND INC 'he information included on this map has been ccmpiled by King County staff from a variety of sources and Is subject to change AthouI notice. King County makes no representations or warranties, express or implied, as to accuracy, camp leteness, timeliness, or ghis to the use of such information. King County shall no be liable for any general, special, indirect. Incidental, or consequential amages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this lap. Any sale of this map or information on this snap is prohibited except by written permisslon of King County.' King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bot!nd by terms and conditions of the site. The details. http://www5.kingcOLinty.gov/parcelviewer/Print_Process.asp 11/13/2009 Print Map Page I U1 ,A King County Navigation Bar (text navigation at bottom) 29?1049754 2921N900 S 3!HrH ST 292104903•F 2921044025 Parcel Map and Data ,I 282/0490/0 2821044069 a �s Y� 282104911� w �. _d 282/049140 2821044134 � 2821049135 7821049/}i Federal Way :8�104911J 2821049009 2821049190 28210.1910i 2821049073 {C} D�G3 K1ng _County �tiiiiiiii! •1311 Parcel Number 2821049009 Address Zipcode Taxpayer RIEHL EDWARD The information inc}uded on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warren ties, express or Implied, as to accuracy, completeness, timeliness, ar rights to the use of such information. King County shall not be Liable for any general, special, indirect, fncidentat, or consequential damages inciudIng, but not limited to, lost revenues or lost profits resul ling from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be baund by terms and conditions of the site, The details.. http://www5.kingCOLtnty.gov/parcelviewer/Print—Process.asp 11/13/2009 Print Map Page Page I of 1 ❑x King County Navigation Bar (text navigation at bottom) 2921LH9U34 Parcel Map and Data 262'1U490/0 29210491)0 s 232!U49/4U Z621P•r9134 �j� 2621049135 � 2321U49i1'1 26210491!5 2621119009 2621U49132 2821049013 2 21rYr9J ! _< 262 i 0•f9197 Federa 1 Way 2921049025 � 2621ur91Lv 2321049109 0 2V )049026 {C} cG0$ IGng C4A1]I� n� 46t1 Parcel Number 2821049013 Address Zipcode Taxpayer HAYES KENNETH C he information included on this map has been compiled by King County staff from a variety of sources and is subject to change iithouI notice. King County makes no representations or warranties, express or implied. as to accuracy, completeness, timeliness, or ghts to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential am ages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information can lained on this iau. Anv sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcOLinty.gov/parceiviewer/Print_Process.asp 11/ 13/2009 Print Map Page Page 1 of 1 ❑x King County Navigation Bar (text navigation at bottom) Parcel Map and Data 73 r 910i� 90�ttf 9727 4218 92� 0310 0720 1 9223 9219 U360 UiS72O 9025 2621t]49028 -- 60 � ...9izs��r �3sa ¢.170 a140 4` 9171 U3d0 ' 0230 � 9709 -0131 4 97411 9135 9022 9026 91" 4143 Federal Wayl' .} LLL4 Mud Lake 0145 9�27 9220 I U330 ul $ 792�Ip�"r U 190 I `° U390 � 02M �i•` },� 1 Fi 020 also 0310 . 0350 •, 1- 0{1U 1' '� 0.)J6 d s, n 0320 a c3 -,y 07t3U � 30 s 04SU 4 01Gd n 0050 �! /'w t s 3P.FTF1 PL xy s A 5 ' R-6 � 00'l0 8 �k CT 1. 2a9n 9074 23.19 2370 00� 264 U020 90 Kmg Ccunsyy 4r ' :: Parcel Number 2821049026 Address 36201 ENCHANTED PKWY S Zipcode 98003 Taxpayer ENCHANTED PARKS INC The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost proms resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. littp://www5.kingcOLinty.gov/parceiviewer/Print_Process.asp 11/13/2009 Print Map Page Page 1 of 1 King County Navigation Bar (text navigation at bottom) Parcel Map and Data 2321U491U6 2.',21 L49! 13 2921Uf99111 { 2821UfY123 28210•19146 262!L49124 282!r149! 12 1 S 7i3TH ST �2-321049232 2821064.144 S 11 232 10,191/2 • - - 2921U•f91/6 . 2921 U-runn5 . 2921049992 232!U49U// u 29210,19!t FederVqP 282!U49U/U 2921 U•r91 U� 2921 2921n49132 2421U•f9U66 5 W-Jr" a Fi 24 2821C149!u 2321 u•r9! ! L� 2821U•f9140 2621U49135 2��1D.ror134 2�J21L1•f9134 2-32.104UP11 H 2821 Ury 1 i 7 28210•f9115 2821U•f9!32 2s2 ro49a�9 aram� et�t Parcel Number 2821049069 Address 35700 ENCHANTED PKWY S Zipcode 98003 Taxpayer JET CHEVROLET INC he information Included on this map has been compiled by King Counly staff from a varrety of sources and is subject to change Without notlee. K1ng County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or ghts to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential amages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained an this iap. Any sale of this map or information on this map is prohibiled except by written permisslon of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be hound by terms and conditions of the site. The details. http://www5.kingcOLLnty.gov/pareelviewer/Print_Process.asp 11/ 13/2009 Print Map Page Page 1 of 1 MKing County Navigation Bar (text navigation at bottom) Parcel Map and Data 25210•f91 ! 3 L91:!U49U71 2021LL19125 2821049146 262!LWul2•f 4i21MU36 2812 1049112 2421Ud!+UU1 -- — Sr$Ti1ST 2021049j202E12J949232 28210049� 0 70A r 262) 0.191 T2 2921 Ui9!!95 Z621 Ui97 T6 Ir 292-1U•19005 262fUT901T 2911949092 N 2921uiy1ur � 2021 U49069 2621 U•f 90TU 1921�19U62 2u2!04u1L15 292!04"l1 24210.19970 2121Li905i ' 282: LW9184Fdl W292fJ49UT9 fi 2921U491163 292M,9132 2921L!•19066 p Sr" ST fy .7Yd N �- d � fiL!4330006U 2621049:MI 262/049140 262/949134 0"09330002—" 6093309960 2911045LD-f 262l0•19111 2821049!33 Z62_fU•f91J!, 26210.19132 2621L%•IUs'XN*1 bL!933UCU1•TU - 262104Y999 + fiJ933U003L1 f 2821ii•i919U A�g21t� (G} 2009 long Cou721y292!Ui9U25 y 282 ! 049U7 3 T R41 Parcel Number 2821049070 Address 35810 16TH AVE S Zipcode 98003 Taxpayer CROSSPOINTE KITTS CORNER APARTMENTS The information included an this map has been compiled by King County staff from a variety of sources and is subject to change withou l notice. icing County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such in forma lion. King County shall not be liable for any general• special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibiled except by written permission of King County." King County I GIS Center I News I Services. I Comm_ ents I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site, The details. http://www5.kingcounty.gov/pareelviewer/Print—Process.asp 11/13/2009 Print Map Page Page 1 of 1 JKing County Navigation Bar (text navigation at bottom) Parcel Map and Data 2021 N9132 292/049034 2321949/15 2821049009 2821N90'13 292!N9190 2821049107� Federal Way 292/049025 2fi2!049107 P 2221049f09 _us! 31 Min K1n9�921'C—Ilryr U 1111111111� a•ttt Parcel Number 2821049107 Address 36028 16TH AVE S Zipcode 98003 Taxpayer SEHLIN GLORIA A+STOLEN DONA The inrormalion included on this map has been compiled by %fling County staff from a variety of sources and is subjso[ to change without not]ce, King County makes no represenLalions or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be Ilable for any general, special, indirect, ineldenta1, or consequential damages including, but not tim Red to, lost revenues or lost profits resulting from the use or misuse or the Information contained an this reap. Any sale or this map or information on Ibis map is prohibited except by written permission of King County.' King County I GIS Center I News I Services I Comments. I Search. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 11/13/2009 Print Map Page Page 1 of 1 King County Navigation Bar (text navigation at bottom) Parcel Map and Data 2821049i90 28210 9013 F� 9y 282104910I q 2921049025 2821049109� u.� 2821049109 Federal Way 2921049131 %' 28210.19028 M�>:29Z104902d G r_11 Parcel Number 2821049109 Address 36200 16TH AVE S Zipcode 98003 Taxpayer WRIGHT ROBERT L The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS.. Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. littp://www5.kingcounty.gov/pareelviewer/Print_Process.asp 11/13/2009 Print Map Page rage t or t King County Navigation Bar (text navigation at bottom) Parcel Map and Data ry 282!LH9UU$ Z Ir1 ' O V 232 MLM 06 292IU490/7 821049125 ...,�.,.... � 282i049112 2021JR9!13 Fe7del Way 2821049146 � r9!2e 202f049232 2821049028 S YATH ST ' 2132�049i72 2321L149!70 2821049969 2921�fyUU$ 292mr9U92 2821049070 28210-19077 (C) Z-A6 L'Q County L�iti� 45ft Parcel Number 2821049125 Address 1712 S 356TH ST Zipcode 98003 Taxpayer SOYAM FEDERAL WAY PROPERTY The information included on this map has been compiled by King County staff From a variety of sources and is subject to change without notice. King County mattes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages Including, but not limited to, lost revenues or lost profits resulting From the use or misuse of the Information contained an this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parceIviewer/Print_Process.asp 11/13/2009 Print Map Page Vage l of 1 Al u King County Navigation Bar (text navigation at bottom) 2$21049910 S 350TH ST Parcel Map and Data 282'HW9069 282J049110 2821049149 282iJ49134 282104913 282'1LN9J35 2821CW9i1i Federal Way 2$Ll�r4l37 28210•f9115 282!U44C�9 5Ry �S yy 0 2$27U•f9U13 2821n4979U i4 UN 282 J C4i910i 0? (C) `2016 649 CCMMIYW 1311 Parcel Number 2821049132 Address 1649 S 359TH ST Zipcode 98003 Taxpayer BARTOSE ROBERT he information included on this map has been compiled by King County staff from a variety of sources and is subject to change Without notice. King County makes no representations or warranties, express or impl led, as to accuracy, completeness, timeliness, or ghts to the use of such information. King County shall not he liable for any general, special, indirect, incidental, cr consequential am ages including• but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this )ap. Any sale of this map or information on this map is prohibited except by written permission of King County," King County I GIS Center I _News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site The details. http://www5.kingCOLinty.gov/parceIvIewer/Print—Process.asp 11/ 13/2009 Print Map Page Page 1 of 1 L J King County Navigation Bar (text navigation at bottom) Parcel Map and Data 2821049]06 2921049011 2821049146 282]C49112 2821049]]3 282IND24 282]049)25 • I 282104E t 78 9Z f fFr9�J2f3� 282]049l12 < 282]049]IS S Federal Way 28210490ff 28210490I0 r 282]0490E9 292 ! C�19] Of 'ti7 {C� ZL'b�4 K]ngC641rt1y 4�4Tft Parcel Number 2821049178 Address 1741 S 356TH ST Zipcode 98003 Taxpayer LLOYD RUSSELL R The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the inrormation contained on this map. Any sale of this map a information on this map is prohibited except by written permission of King County" King County I GIS Center I News I Services I Comments I Search By visiting this and other king County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingCOLinty.gov/parcelv1ewer/Print—Process.asp 11/13/2009 Print Map Page rage i or t x King County Navigation Bar (text navigation at bottom) Parcel Map and Data Oi00500.100 I 732iCf9i•r6 2811�491i3 r 6il�5i`_�•fi� 262!049125 282'049!12 2&9049124 2a7117d9?r3{ D:, _120 S25ff"ST 29210-19232 2821049184 282J049!'2 336)440390 386!500l99 Zd21049! re. 386!-f403 WJ + S 35MI ST 282i0fp0I1 3861449310 386!440360 386!ddJO!0 386!•F•f0350 38[il4•Srr02rl 386i4•F0340 3L61d•f�030 Federal Way 386i•F4033!1 Sd6i•i•t00d0 36614-0320 3861d4005'1 R-4 38614403!0 3361140060 R-2428210•59069 Z821J-f9f:rrG q 3ii6i•FdJrJ{r! �` :tt7:!t1Sf11$�T � 3861•id02'9:i `r r n t' � 3' �61;iJSiXB_ �y -' o ss6rd•Fu2�l Z � � 3861500290 Z6Z!Jrv+%!3 Ira m 1161/40210 ;6i4(OiOU 3861•f-LU260 3G614401 .10 < ME. 1 440-i5 i S 35qTr r ST to - 3861•1402•0 s 4111,1 ' J 3N6f•F•50230386i•f•r0l3U M1049135 ys1 J M024402,79 !Jj 0) 26210•19 f 3c' 3E674•FCG! J 0 Z8 =' ! 3•FUfTdCN 292 f 949909 `{ 330 4402 00. t= Id — S 3WrH sr Z8210•f9013 � � .. 262J0•f9!9U ... vJ 28219-FVZIS 5128800020 51290rin96El a 5i31000180 282!11d9121 5J28800310 SXISTST R4 ! 6J2MU9319 '+;<,�J4d J/4 fi �`� o+ «i12'!:r•i�21a 5!28600!0 r Parcel Number 2821049184 Address 2020 S 360TH ST Zipcode Taxpayer LG ENCHANTED WOOD LLC The information included on this map has been complied by King County staff from a variety of sources and is subject to change without notice- King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indl reel, incidental, or con sequenllal damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the Information contained on this map. Any sale of this map or information an this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/pareelviewer/Print_Process.asp 1 1/13/2009 Print Map Page Page I of I King County Navigation Bar (text navigation at bottom) Parcel Map and Data T 2$21049110 .'� !1fY3•J S 2821CLI9140 2821949/54 2821044135 si 2$21049111. =r 29210490M 2021049132 292/049115 232/049009 282 9190 Federal Way 20210•19190 y 2s21049l125 �¢ 28210•f9i0,` 282i049109 (C} 210-6 np Cousfy� n� 441t Parcel Number 2821049190 Address 36010 16TH AVE S Zipcode 98003 Taxpayer RODRIGUEZ-HUERTA IGNACIO 'he information included on this map has been compiled by King County staff from a variety of sources and is subject to change dthout notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or ghts to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential amages including, but not limited to, lost revenues or lost pro Fits resulting from the use or misuse of the information contained on this lap. Any sate of this map or information on this map is prohibited except by written permission of King County_' King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 11/13/2009 Print Map Page rage i or t MKing County Navigation Bar (text navigation at bottom) Parcel Map and Data 2821049101 ��� 2921Wi9U25 2921049 MA 28'1P491n9 '9210d9757 y 292i U•f9i 31 Federal Way A 2921U49!21 �iF It 2921U•f91•f0 Co. Q y 2921U49U2S Cr' 29210491121 � 2921049120 292i0•r9/35 ,�� 292ingol43 t i�} fGsgCanliy� 2921U491•1d Parcel Number 2921049131 Address Zipcode Taxpayer FEDERAL WAY SCHOOL DISTRICT The information Included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties. express or implied, as to accuracy, completeness, timeliness. or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohlbited axcept by written permission of !Sing County" King County 1 GIS Center I News 1 Services. I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcetv1ewer/Print_Process.asp 11/13/2009 Print Map Page rage i ui i x❑ King County Navigation Bar (text navigation at bottom) Parcel Map and Data a� 61*2sa 0030 Pic 0020 oafo 90,92 Federal Way °°S0 0200 Lu x w r r'022f 0f95 0275 { f 9052 9040Ct {C't 20a9 King C �rn1Cy. 90U0 9014 C7� 971t Parcel Number 6142600200 Address 3120 S 344TH ST Zipcode 98003 Taxpayer WEYERHAEUSER CO The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidenlal, or consequential damages including, but not limited to, lost revenues or lost pfcfits resulting from the use or misuse of the Informalion contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County " King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 11 / 13/2009 Print Map Page Yage 1 of 1 LJ King County Navigation Bar (text navigation at bottom) Parcel Map and Data 11 S•r6ri00 7 U 2' Si6500`i0 6142600200 12001 to g C ut m r x w r us 12612SKJ221 2221049036 R-4 m 5 3WH sr 1 x 2422000095 = z221�a9aru d 2221059006 y a? 2422001008 5 {C} 2W0 Klrog Cdanty� Parcel Number 7261200195 Address 3450 S 344TH ST Zipcode 98001 Taxpayer LBA REALTY ho information included on This map has been compiled by King County staff from a variety of sources and is subject to change Ithout notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or ghts to the use of such infarmarion. King County shall not be liable for any gene rat, sped al, indirect, incidental, or consequential amages including, but not limited to. lost revenues or lost proftts resulting from the use or misuse of the information contained on this lap, Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 1 1/13/2009 Print Map Page ragciUtI M King County Navigation Bar (text navigation at bottom) :1 215146690113 S W 'D 7u 4 y 21.W660050 Y rsl Parcel Map and Data 2154660940 2154660020 2154661KC 1 Federal tn' IB 4 C y i261200f9: W 726120U215 222/049040 4d 2221 049906 �r f 222)049001 40310002U0 403100921LI 4031000211 S ysUM ST f 26! •200' 21 "W 40310006 M 403 f :YJ023U 4031 LIJ0560 4031J70240 w 40310M50 W v 4031000540 2221049036 4031000539 4431aU�274 R-4 R.4 4na:sz�� 4031'J.>n!i2Li 403,00n�l0 443 f D0D2ti0 . S UAD ST 4031WD" 40310D0320 403tD70310 403F0UD330 - 2422677057 2422600061 2422600075 c^42260Lk�55 422fiD4U85 24226004E5 24226UQU80 I 2.122600070 242250LV156 2422500060 s 344T►1 ST r 2•r224o444'` .r031IUL'?99 2422000005 f9311n7110 d03flU0180 •ffIV /00190 2422000008 w 4931 I402U] R� 2 T <! _«1194 (C) 20Q9 rGsu Cr�nryf 5 2•r220L�0, 4 :R : i Parcel Number 7261200221 Address 3600 S 344TH ST Zipcode 98001 Taxpayer LBA REALTY 'he information included on this map has been compiled by King County staff from a variety of sources and is subject to change )ifhout notice. King County makes no representations or warran ties, express or implied, as to accuracy, completeness, timeliness, or ghts to the use of such information. King County shall not be Liable for any general, special, Indirect, incidental, or consequential amages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the Information contained on this ian. Anv sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other icing County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingcounty.gov/parcelviewer/Print_Process.asp 0 11/13/2009 Print Map Page rage i or i ti Z King County Navigation Bar (text navigation at bottom) Y Parcel Map and Data 7_--_ IB ��120CY��� i2612�0211 { f261299195 t� Federal Way x T2612992T5 s u.l rn t x w 22210491.149 S 2221049906 21210.19014 �. 5 (�} 2fl09 fling Countp� �- �� " _4t Parcel Number 7261200275 Address Zipcode Taxpayer LBA REALTY lie information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, oompleteness, timeliness, or ghts to the use of such information. King County shall not be liable for any general, speclal, indirect, incidental, or consequential amages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this iaD. An sale of this map or information on this map is prohibited except by written permission of King County.' King County I GIS Center I News 1 Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.kingeounty.gov/parcelviewer/Print_Process.asp 11/13/2009 'S�NY � S'• A{ ti• r ti, After recording return document to: statoof1i sti-lagton 20 911120 PACIFIC NW TIT CAS bepactipemt of Transportation 66.00 r' PAGE-001 OF 005 ,• Real E§tatO Services•Office 11/32/2009 15:49 '❑ Elm �3 a..... �.,, KING COUNTY, WP tiQlyiilpiAVA:9$504r77 $..38 4` Legal Deseripti'atn-'A pol tiorf of the S�?ir;g 1ai'ter of the,NW Quarter of Section 28, Township 21 North, Range 4 East; WAR' Additional Legal Description is:on PAge;of liounteriiir: ti Assessor's Tax Parcel Number:. rY1 ANSI NT :: P FIlr1NQRTi WZ� T TITLE a• State Route" 5, Pierce County Line to Jet. SSH. 0. r ' 'he Grantor :Jet Chevrolet, Inc., a Delaware .00rpora lan, for and .tlr ovnsicleratian of the.: sum .:of E'EN: AND NO 1 100 (S 10.00) Dollars .-and other yaluab a :Consideration, cortv�ys and grahts onto the State of Washington, Department 'v'f TransgQiirtation and its assigns, uMcr:the iviminent threat of the Grantee's exercise of ts•-rights Of ginin'ent Domain, an: easement ver,;iir;d6. iipvn and across the -hereinafter described iat tls: or the purpose of construct ing; instating, D erad)ng and maintaining soil nails and footings. Saidland§ bung situited•it `Kling County, State of Washington, and described as follows: .e. Sri a}•• .A....i: h , dr legal descri 3tx n :and 4dditional conditions HSee Exh7`bit A attached.hereto a6d`made a part hereof It is understood and aj t"d tha(d9]ivery of:this,: Wa n4i t..is hereby tendered and that the terms and obligations hereof shall not becomq'hitttiing upon the -State of Washington unless and until accepted and approved hereon' n whiting fojrthe, Stab-df Washington, Department of Transportation by its Hea�quaiE 6 iea1:'Es;ate S--ervi es Maxeager. c' EXCISE TALC NOT REQUIRED Uty (934 FA140053 (9 t), ¢053 (93 5,. ProjerN0. U$,00,502K :• RES-324 Page 1 of 5 Pages Parcel No. 1-2253T a Revised 09 / OS '' } , � •e RESUBMlrt"TE�D MAR � 0 3 2010 : CITY OF FEDERAL WAY BUILDING DEPT. EASEMENT X X et heryblqt'p By: LO 2009 Ar X ti ml: STATE 0#-WAS9N(n.QNld.. Department kTra ortatjou- J..' By: Mike Palazzo,'MAd Real Estate Services Mai4er Date:—&", . . 5.p 4�4 4i 11114 PI RES-324 Page 2 of (5) Pages Parcel No. 1-2-25 S; tiN .ti tip' i• Yl " LASCMENT S1. OF WA 4TON :Cottiity of Kiii On thi4 day f Vice -President df•the-corpi acknowledged said instrt nneot to be for the uses and purposes 4l 6iit -ine execute said instrument. me personally appeared me known to be the President and foregoing instrument, and q:6 and'►+oluntaury act and deed of said corporation, Toned, mid-on oath stated d eai t# ey are authorized to ` "A �k. •• }}• v •/ .., •»n v�i jAr`• /f'•'S•. A., 5•�. Q 'z1 id 1•~y:'�I.- 1 ..�''=t1 : � 4 .i . l •1-,f"'••=`�•.d.• w? . . '.. I 3�'� . �L Notary Public }p artd lGr--t stare or Washington, re'sid Mg at... rj- r r' My commission expires +--.'' .s ~a X r•+. •a' RES-324 Page 3 of (5) Pages Parcel No. 1—M 17x r s .r• EA$E1L+�ENT �. u. rX Alb hat.{iarE-bp,6f the he -13eginhing'"at'a point Opp 161 .30+3503 On tCe S and 50 feet Soutbeisterh 129+98.10 oit.s_ aid liui Sur point opposite HIVE°SA 1161 therefrom; thence Nort.h6s EXHIBIT "A" - Tract "X" lying within the following: iig>xy Engineer's Station (hereinafter referred to as HES) SR line s`4 y of R Pierce County Line to Jct. SSH No. 5-A ftozk thence'NOhOsterly to a point opposite HES SR 161 :end 74.25 fOk.pvrtheasterly therefrom; thence Easterly to a 9+77.41 _pf' 0.jd'line survey and 109.08 feet Southeasterly arc length of 110.47 feet; tt a point (� posit highway and 250.00 feet Westerly t}ierefroi having a radius of 7,390 feet an- d.,gh arc ten 1853+30.96 on said LE line survey anti. 256 the left, having us of 236.50 feet and an to LE line survey of said ng a curve to the left, .opposite HES LE Fence Northeasterly along a cube to the left, having a rad':us`of236.U.,feet and :an at+o ltigth of2.43 fee t,'t a point opposite l 1E5 LE l 853+33.47 on said L-E line su 1.3 fcQt W� terI therefror; thence Northeasterly to a point opp6sitV,�lPs.,t,E f954+aCG 3 s ii sa-d 1 1i6 survey,; nd 2&3.46 ,feet Westerly therefrom; thence Northeaster �'y to a_point poposite,OES LE 1857f57.51 or said LE line survey and 261.36 feet westerlj; thirre.`om, thegz a 0ortheasterly alonj a curve to th�'left, having a radius of 3,973.5 feet and arr`;arc 'Mngth Ob&.7 feet, to a pO.ii optiosit HES' LE 1861+37 f on said LE line survey 270.8Z`feet;WeAerl'y therefrom, said point h� ing.c n thp`Nfn'ffiefly line of said Tract "X'; thence Westerly hlgr.g,-�aid_.1Slortheriy line to a poiint_di posAeAES LE 1 S61 +27+ on said LE line survey and 310.40 fee# Westerly therefrom; thet'ic�S<>46'esterly, along a curve to the right having a radius of 3,393.5 feet and an arc length' of:654 94 feet, tti a,_poin'tnpposite HES LE 1957+57.39 on said LE line survey and 301.36 feet :Wester]:y thot- _'om; ther[ee Southwesterly to a point opposite HES L£ 1$54+35.72 on paid L lir�g`s rveylaiid 293- A.feet Westerly therefrom; thence Southwesterly to a point opposite-:HES' A 161,; 30+7Q i6,tan mid SR 161 line survey and 196.83 feet Northeasterly therefrom; thence`,Sopthwest6rly� along a,_curve to the right having a radius of 73.50 feet and an arc length.ofk f:fpetk4o a-'poirff opposite HES SR 161 130+56.53 on said SR 161 line survey and 181. S:;feet, Irlartheasterlylhcrefrvim; mce Southwesterly, along a curve to the right having a radius of 19.50eet;nd :anxc I gth of 91.7$ feet, to a point opposite HES SR 161 130+16.41 on said SR if f lkricpurvty"and 100.21feet Northeasterly therefrom; thence Westerly to the point 6f beg nr ing. ' Tract , X,. Y ? rr Parcel A: That portion of the West half of the Southwest quarter of the Nnrth►st~qurtet''Qf Stec#ion8,„„.,.u. Township 21 North, Range 4 East, W,M., in icing County, Washiijioti; described' �s; foll[ews: ��;,� ' Beginning at the Northwest corner of the Southwest quarter of the Northw�tgda` rt'er of RES-324 Page 4 of (5) Paget Parcel No. 1 1 F i s• t' s' l�A5El1?�ENT Sjcti4n•-. $; thence North 89036' East on the North line of said Southwest quarter of the w. l4oti wet quirter5.657.92 feet; thence South 0°09' West 255.00 feet to the TRUE POINT BEGINNING;: thence Ststzth 0°0 "V est, to the intersection of the East boundary of Secondary State Highway' No,,� -5;�D; $ens0gorth�+resterly along the said East boundary of said highway tc a p`int;witich.fs ScLth '36' W� A 3$2:65:feet from the.TRUE POINT OF BEGINNING; POINT OF BEGINNING; thence Nvrt#i 89'36':''Ea�t' 3��.65 feet•ciy'the TF�L,�IM;• , EXCEP''C iliac poirti n t lerenf o�_ tsiq�ed to'fitl� Stat of Washington for highway purposes by deed recorded-prider,Recoidiing" Nu�ber 444 8°l t t '• Parcel B: a: .' x N•.,.,,,. K' :- That portion of the East'haif of the Sdbth*cst:'y�atter d-the Nort.A, + t quarter of Section 28, Township 21 North, Range 4 F•ast, iV.11il:, irt'Kr'izg Cco&inty;`:Washington, lying Westerly of the Westerly margin of Primary Stet HigYi i+aX` Io. 1 as onvoyed;46-the State of Washington by 5 deed recorded under Recording Numter 498358: ar Grantors eserve, the right to use the herein before desc ib d p iipefty fgr=purposes t tat swill not unreasonably inie ere with the Grantee's full ehja�txr�ent'of chic r ghts,hgjsby granted.:Neither Grantot's noF'•tbeir successors and/or assigns may erect c r ookrh ct atty build ng,6r structure on sA proper+ without the prior written consent of the State pf Washingtob l ep ftment of Transportation: AS •iUsed herein "building or structure" means anything codstr6cte-4 or erected on:Ahe g06ttnd"or a6 improvement built up or composed of partsjoi46d t ge her in some dAnite manlier $edrR'U af;to the ground, including fences, walls anti=isigtig. Nb excavation shall be'allo"wed'wAin the easement area for the maintenance and safety bi the structure wh1wut prior,,Airitten,appjbva# of the State of Washington, Department of Transportation. Grariior shalf sub.- rnif for;:saic `wrkttei ` gproval, a work plan to the State of Washington, Department of rrani� gAatiQh.Aor any excavation or construction. Such work plan shall be submitted to the $tate of V,�``61iingt6ri . De0artment of Transportation for written approval no fewer than thirty (30) days phor,to the aacpected:work date; which approval shall not be unreasonably withheld. 5 The lands herein described contain an aiea of 37 150 sqt are'feet, mare or less; the specific details concerning all of which are to be found in tljat ,�erta ti"tnap tilF Ufin to location now of record and on file in the office of the Secretes a£: I'rospvrtatibn at,Dlym ia, and bearing date of approval June 24, 1958, and revised SeptemIx r 3.20- as to Slzee't 4 and revised March 5, 2009 as to Sheet 9. Y,. X ..... RES-324 Page 5 ot-(5) Pages Parcel No. ti +' a' After recording return document to: State of Washington Department of Transportation Real Estate Services Office P O Box 47338 Olympia WA 98504-7338 200910130M62? PACIFIC NW 1613 PAGE-001 OF 008 11/13/2009 15:05 KING COUNTY, WA Document Title: Temporary Construction Easement Reference Number of Related Document: Grantors: HD Development of Maryland, Inc. Grantees: State of Washington, Department of Transportation Legal Description: Ptn. of the Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M. Additional Legal Description is on Page 6 of Docc�urnen(1�4)0 Assessor's Tax Parcel Number: 282104-9008-0 A TEMPORARY CONSTRUCTION EASEMENT PACIFIC NORT0EST TITLE State Route 5, Pierce County Line to Jct. SSH No. 5-A. 1 HD Development of Maryland, Inc., a Maryland corporation ("HD"), and owner of the property legally described on Exhibit "A" (the "H❑ Property"), for and in consideration of the sum of TEN AND N0/.100 ($10.00) Dollars, and other valuable consideration, conveys and grants unto the State of Washington, Department of Transportation, and its assigns ("WSDOT") under the imminent threat of the Grantee's exercise of its right of eminent domain, the right, privilege and casement over, upon, and across the property legally described on Exhibit "B" (the "Easement Area') for the purpose of providing a work area for adjacent highway construction related activities. before. The temporary rights herein granted shall terminate on December 31, 2018, if not For legal description and additional conditions See Exhibits "A" and "B" attached hereto and made a part hereof. REs-325 Page 1 of I Pages FA No, 0053 (919) 0053(934) Project No. U800502K Parcel No. 1-22523 RESUBMITTED MAR! 0 3 Z010 CITY OF FEDERAL WAY TEMPORARY CONSTRUCTION EASEMENT 1. Indemnification: WSDOT, its authorized agents and employees, shall defend, protect, save and hold harmless HD Development of Maryland, Inc. and Home Depot U.S.A., Inc. (collectively "EV), its agents, successors and assigns, from all claims, actions, costs, damages, penalties, proceedings, disbursements, obligations, losses, liabilities, defenses or expenses of any nature whatsoever by reason of the acts or omissions of the WSDOT, its assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of the performance of the work on the property affected by the temporary construction easement by WSDOT (including without limitation any claims, damages, permit violations or other obligations of HD related in any way to the wetlands or stormwater located on the HD Property if arising out of the performance of WSDOT's work on the property affected by the temporary construction easement). This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of HD, its agents, successors and/or assigns; Provided that if the claims or damages are caused by or result from concurrent negligence of (a) HD, its agents, successors, assigns and/or employees and (b) WSDOT, . its agents, successors and/or assigns or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the WSDOT or WSDOT's agents or employees. 2. Coordination of Activities: WSDOT shall coordinate with HD its construction activities, and shall provide HD with at least five (5) days prior written notice of its intent to enter upon HD's property to commence such activity. 3. WSDOT's Use and Activities. WSDOT shall exercise its rights under the Easement so as to avoid interference with the HD Property. WSDOT shall at all times conduct its activities on the HD Property so as not to disturb, obstruct or endanger operations or facilities. 4. Restoration: Immediately after the completion of work performed by WSDOT in the Easement Area, WSDOT shall remove all debris and restore HD's Property to the condition in which it was prior to commencement of such work. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington, unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation by the Headquarters Real Estate Services Manager. RES-325 Page 2 of 6 Pages Parcel No. 1-22523 TEMPORARY CONSTRUCTION EASEMENT Dated: HI3 Development of MNlamndVc., Sy � N M. Strawn Its: Sr. Attorney Accepted and Approved STATE OF WASHINGTON Department of Transportation ilce I'ala7o, Headquarters Real Estate ServicesOMW an er NwrAmw Date: ,f Approved as to Form: By: Amanda G. Phily Assistant Attorney General RES-325 Page 3 of 6 Pages Parcel No. 1-22523 TEMPORARY CONSTRUCTION EASEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On 2009, before me, personally appeared f who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrurent the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. H R, 9.0 ^a . ".. - N A . 7 i (SEAL) uuA M. rn 89cbmn"skn 102i19i " Pwft . CalllwrAa Co. n 1 Cum2 M3 RES-325 Page 4 of 6 Pages Parcel No. 1-22523 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" Legal Description of HD Property Lot A, City of Federal Way Lot Line Adjustment No. BLA99-0003, recorded under Recording Number 199908169000008, said Lot Line Adjustment being a portion of the Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington. RES-325 Page 5 of 6 Pages Parcel No.1-22523 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "B" Legal Description of "Easement Area" Temporary Easement Area: That portion of the hereinafter described Parcel "A", lying within the following described tract: Parcel A: Lot A, City of Federal Way Lot Line Adjustment No. BLA99-0003, recorded under Recording Number 199908169000008, said Lot Line Adjustment being a portion of the Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington. Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) LE 1866+37t on the LE line survey of SR 5, Pierce County Line to Jet. SSH No. 5-A and 351.58 feet Westerly therefrom, said point being on the Southerly line of said Parcel "A"; thence Easterly, along said Southerly line, to a point opposite HES LE 1866+51t on said LE line survey and 287,82 feet Westerly therefrom; thence Northeasterly to a point opposite HES If 1873+ on said line survey and 269.17 feet Westerly therefrom; thence Westerly to a point opposite said HES and 275 Westerly feet therefrom; thence Northeasterly, parallel with said line survey, to a paint opposite HES LE 1874+69t said point being on the Northerly line of said Parcel "A"; thence Westerly, along said Northerly line, to a point opposite HES.0 1874+54t on said line survey and 342.94 feet Westerly therefrom; thence Southwesterly to a point opposite HES LE 1872+97.92 on said line survey and 440.90 feet Westerly therefrom; thence Southerly to the point of beginning. The lands herein: described contain an area of 95,988 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing the date of approval June 24, 1959 and revised October 9, 2008. Grantor's in. I. !s RES-325 Page 6 of 6 Pages Parcel No. 1-22523 a' ar � �• rr St •1�1 fir` r errec6rdng:t'eturn document to: .,t (7 Apr ' St4e of iishilf�ou __. . Departmea ofTpailsportatip ,•' �,'• :ell EStae ,Bi�1Ce3GD:: a;r� Bqj 47.33S " Olympia WA 98504-7338;' Document Title: Temp67ra y Easeme' r Reference Number of Related Doeutne Grantor: Costco Wholesale C¶tii PA NWT 00 NW �' .;OF 008 .11�g/1.aea 14:17 j(14 : Cs UN7Y, L49 A. a•W'asli���►n �or�i�ratinn Grantee: State of Washington, Depatta4ent.ot ,rransportat}on :, Legal Description: Ptn. Blocks 3, 4, 9'Sr;`10 Vkateci Plot,�f Fist Tacoma Centra , dd. . B, Vol. 4, pg. 4;. AddiitionA Legat'Description is on Page 6 & 7+-qf D 4ent- Assessor's T2% Par(zel Number: 219260-0290-00, 2192G0-Q 8.03;03 TEMPORARY EASEMENT State Rogte.S' Pi untyline to Jet. SSH No. 5-A The Grad 't r, Cpstto V�.holesale Corporation, a Washington corporMbn„ for and in �`' NO/ $1DA0 Dollars and other valuable considertionz of ;'the Burr a£' Ta,J,.,,� ( ) consideration, obnv ysJ and."- grants uigo the State of Wasbington, Department of Transportation, aiid its"'assignisiunder1he it eminent threat of the Grantee's exercise of its right of Erninent Dornaiit),,the,Xfgl t, poi ilega::a_'d.:eas'inent aver, upon, and across the hereinafter described lands for the p' urppsc bf providing; a ' vork':4,pa for adjacent highway construction related activities. The temporary rights herein granted s 1:�errrt'ina�te onDec .i iber 31, 2013. Said lands being situated in Kir1 `tiunty, State` of ,Washington and described as follows: f._....::�. rzla do,Umerl�s) wera �'ea tw `� w. 1000rd by }7urific tarn vresti 'tills as 7`•: . v it Nas Wt bed •' .'"`'••'",. �•5::�:i.'=fS ��.'1'�.1 Li17FT' :• :• .tiY~ :;-• •, •. �..�r.r!ri u� tti �rvU � �� NS►• a0�3 4I9}.;• . � stir ;;r, yfi�ry i;�:Gn flilcw .-... 00�3"�934} • `".. �,�,, �' projec�No. U80002k RCS-325 Page 1 of I Pages Parcel No ,IgZ2325: ,a Revised 09/05 RBM`TT MAR' 0.4',,201 ,. CITY OF FEDERAL BUILDING DEPT. �a. • 1. S' TEMPORARY EASEMENT fob -legal description and additional conditions see Exhibit "A" attached hereto and ra aprt hereof: NOW,- I$REF04E, for goo&and valuable consideration, the receipt and sufficiency bf,%yhIC t'is her4y apknowfedged; the unties hereto agree as follows: s� ,J ~ C6. fans' Oith La ad Ru ' V. grantee shall at all times exercise its rights herein in acc&dai ce wit�1 thin requitginents,:[ s h'azx tame to time amended) and all applicable statutes, ordergt rules F td regula6ns:�of any.iuthority having jurisdiction. 2. Coordina6n..�6f Airtiyifies. ' d, 6ntee shall coordinate the dates of its construction with Grantor; .vid G ame sha71 pib videGi�aitor with a0east five (5) days prior written notice of its intent to entox uppn cr an; `iep. proporty fo comftez ce such activity. 3. Restoration. i'rnmediately.afier th coxxipleti¢n. 0t and work performed by Grantee in the temporary easement area, K-5rariiee shall remove ali' debris kid....restore r ptor's property to .the`'eapndition in which it was prior to the coMmehcejjienf oaf such v�rk, 71 4. Grant e's Use and Activities. Grantee.i's -1 ciercise its ri�;hti u.8er the AgreeMEnt s.e 4,. to avoid interference with any property'ou+ited by C�xra itvr. 'G antes shall at all times coAi uci its activities on Grantor's property so as not to obsta` a or �.da$ger Grantor's opegiions.br faoiilitio. r x •'' ;` w : •• ' WO&Atandartls. All work to be performed by Grantee an• rarltoes property sQ be completed' a cardul and workmanlike manner, free of claims or liens. Znrl�mii'tyJ The .,Grantee;= its authorized agents and employees, will protect, save and hold haWessAe Oraintor,,-* su4cessors or assigns, from all claims, actions, costs, damages or expenses of a6_"natu're i4bat oev ;.hy reason of the acts or omissions of the Grantee, its assig6s;--agen4, c 'intractai'g", licensees;,. invitees, employees or any person whomsoever arising out of or ix :,.ce nectivn th ,any ;acts or activities authorized by this temporary easement. The Grantee, ifOr agents' or ;employees;_ further agrees to defend the Grantor in any litigation, incluchng paiyrrtent di aq� costs.br attokhq's fees, for any claims or action commenced, thereof arising out of or iz =cormeciio#z with acts air activities authorized by this temporary easement. This obligativ� shall not` ineiude s ch olaims;:.costs, damages or expenses which may be caused by the sole rrdaligerice.kthe G;6tor;._its successor or assigns; provided that if the claims or damages are caused' b: or esuii' frem r6ncu went-ftegligence of (a) the Grantor, its agents or employees and (b) tlx�:.Crrantee, it"s aA`ents ;ar employees, and involves those actions covered by RCW 4.24.115, this ndemni. provision shalrbe. valid atzd enforceable only to the extent of the negligence of the "Grfintee or Grantee" 9) a`eliis r,..:. employees. =�. s t,.........;;. ' ••:rn•.�.. :� �.•yy_ .L'` =tag •Y - it ry RES-325 Page 2 of 7 Pages •y. f TEMPORARY EASEMENT 7 ... .. Jnsurance. Grantee shall cause its agents, contractors and representatives, entering, ,upon the Property pursuant to this Easement to obtain commercial general liability ;'insurance Insuring'.against injuries or damages to persons or property sustained on the roP. ty,.1W*ith&,6ombirW single,bmit of Two Million Dollars ($2,000,000) naming Owner insurance provisions in this section may be Grafiton' a ins ti an,additibn*. sure� The bokitgfed.l�it s4i iniurafi: ci as prov4ded.un4er RCW 43.19.19362 8;.-" Nitig&. All AoticesdeinanN- q6ng6nts, approvals and other communications which are re4fired or k , desife'd to" bd given y, I* jitb party to the other hereunder shall be in writing and s6ll-he,"hanj delivered or sdnf- by United States registered or certified mail, postage prepaid, return r. eipi rew�sted, Wdregsed to the appropriate party at its address set forth below, or at such 6tber-add*ss 49 such park eghiill-,have las `designated by notice to the other. Notices, demands, consgrits,., ppi6vsA,X"ind other`.-,Conarhnations shall be deemed given when delivered or three digs 4fter3naiYmg- GRANTOR: Costc.o es e 69 31 %oration. 999 Lake Drive In' `Nt • Issaquah, Washin*Pri 9662�7 Attn: Legal Deparimei><t �GRP�"E:i State of Washington Department of Transportation AV Real Estate Services Office :P,.O. Box 47338 CPmpia, WA 98504-7338 It is understood and -'Etgf*e:ed.Ahk qplivfry -9f this Easement is hereby tendered and that the terms and obligatift"Y's herc4ShalPhot'bec6m6 binding upon the State of Washington, unless and until accepted an i-approged hereon in wxititlg for.ffie State of Washington, Department of Transportation by its Directof-,.pf z. ti J I X RES-325 Page 3 of 7 Pages -Parcel No. I-225Z5 1 5 xti• X Y .. TEMPORARY EASEMEN r COSTCO, WHOLESALP,=;CORPgVATION Washxztgtoxi abrpop0on r. 1 Tsub i Assistant Secreta� `�"J i .i• fia� }55 �Y i �' ' � �5' •.r'••51.5;55� "�. ACCBtBi� C1 STR' dAHIG"QN-` Departirtent of Trator.atiw x � �~ �' �. ,. s �, r K.�. 21 - ''_`ra d L. Gallinger Director, Real Estate ZED - Date:_ ' • 5k .�'J� �C x� ✓.. .i: RES-325 Page 4 of 7 Pages g Paicel N TEMPORARY EASEMENT &AtE OF -WAgHNGTON ss County.of.King" may of A, Owihi*:` A'�,:' t '�w.64.'Wni 7 o o th gist instr=Mt and ack&wdedvyo said corporatift'',"for the ups before me personally appeared Gait Tsuboi that executed the foregoing � be the free and voluntary act and deed of in mentioned, and on oath stated that she is authorized to exec4te said irjk:rurAenV` GIVEN under my hand and S*1 tte,#ay &..yeaf -1 (SEAL) Notary Publfq--in lal,-A-64 written, Washington, r0iding 0a;�' j4SI-tW, 1 e4 My commission expires J Ile .4, .......... ... .4t j RES-325 Page 5 of 7 Pages Parcel No. 1-=52$-'55. j a: Lti . s• r ice..„•,i` •'i'. �; � r•. 'it pairtic* of the TEMPORARY EASEMENT EXHIBIT "A" described Tract "X", lying within the following described tract: Beginning at. -:a point opposite H*Way:;l ngineer's Station (hereinafter referred to as HES) LE 1.875+23f Qn [tie Irline st'rvey of SR: S, Pierre County Line to Jet. SSH No. 5-A and 321.76 feet We" st tly theiefron, a pohl,,beia on ;thp. Southerly line of said Tract "X'; thence Easterly to a of t . ppo iie lhis _L, .1 75+3 p did line survey and 279.75 feet Westerly therefrom, sai''4.paint bAg the Southerly liliQ 0l -- 9 Tract "X' ; thence Northeasterly, parallel with, said line suing •ta a Poiattioppoiite �„"�:1877+08.60; thence Northwesterly to a paint opposite HES La 1877+60.78;6n SK" lute suvej and 317.50 feet Westerly therefrom; thence Southwesterly to the pouit.o hegir3mW..' Tract .I S Parcel A: That portion U_the 'vacated plat of East Tacoma Cenirl. A,dditidn N"aecox'liing ta`ths' plat thereof recorded• ,:.Voltime 4 of flats, page 43;:,' 1,pag;. otr tyr.,l2ft� hin toria described as follows: Commencing~at tie Southwest corner of Section 21, Township %. North, R.an&i East, W.M. in Kifig Count, Washington; thence North 1°34'08" East aivrtg..-•tie Weit Iiiie of said subdivisigzz, 40.66 fteet;.-thence South 88°35' 16" East 50.00 feet to fhe :Aasi margin of 16" Avenue 6Qutli, as,istalilished t deed recorded under Recording Ntun i'er:; 91- 18ti080, and the. -TRUE POW. OF Bj,QWaNG; thence South 88135'16" East 470.00 felt; thence South 1°281149" West=U0.24i'fee� rn6 vr,:Iess, to the North margin of South 352"' Street, as e.stablished'b i deeds recorded t�ia�le'i Retarding Numbers 3566431 and 3566432; thence North 8803 V41" West along•'sai`d N i rn g n 4-0.79.feet to the East margin of 16th Avenue South, as established by' -deed xeeo ded='under Lecartling Number 89121, 80080; thence North I °34'08" East along :said"'East r4ftin 466.7,1 feet tv !#he TRUE POINT OF BEGINNING; EXCEPT that portion conveyed :,to:::.the City; bf pe&e al .Way, a Washington municipal corporation, by deed recorded Oder Rerarding,Nu*er 240.2M3001231. Parcel B: That portion of the vacated PIat of East t'acoroo Ces i4 Aliditipn "B' , according to the plat thereof recorded in Volume 4 of Plats, page`4�, i Kaiag. ou{ify,. L =hington, described as follows: Commencing at the Southwest comer of Section 21, Township 2.fNvrth�:l mtge # ; ast; �Wlu', . in Ding County, Washington; thence North 1 °34'08" East•''.alc4ig the VVst ;'ne subdivision, 496.66 feet; thence South 88°35'16" East 50.00 feet' to ;the Eag"t m-ka gat of 16 Avenue South, as established by deed recorded under Recording Number891 South 88°35'16" East 470.00 feet to the TRUE POINT OF BEGINN'INCr tj en o,'co itinAin :a. RES-325 Page 6 of 7 Pages Parcel No. 1-7, 2!-', .. ar } ;L k TEMPORARY EASEMENT SOW 89?�15`16" East 637.61 feet to the Westerly right-of-way line of Primary State Highway Io:'' 1, @s established by deed recorded under Recording Number 4995246; thence South s•1742'24" Easy= alflr-g :said Westerly margin 322.56 feet to an angle point thereon; thence ''utlr 13°58'QG".?Test atoxag said Westerly margin 167.17 feet to the North margin of South 52"� Stfeet,:'' as establish6d b eedeedV I recorded under Recording Numbers 3566431 and 3 t r. �45•�643 • �, h nce 1,�4'1" West along, said North margin 707.40 feet to a paint which bears South 1'28' 19";� Ve f�rpm th T tk3E Pf T OF BEGINNING; thence North 1'28' 19" East 45�i -,-20 feet t�,•the T%U��OINT'& KiG**--G. IC The lands he i' ,dpe;ibed cokain .1.fin area o� $,496 square feet, more or less, the specific details concerning all of w. hick are tb bq,`f 4d i� that certain map Qf definite location now of record and on file in the-`ofr%� of the Sicrq&ry-;�f T' ii�pgrtation at Olympia, and bearing the date of approval June 24, i g68 aTid reyl'sq Ma ch •27, 2008: K. Grantor's Initials .• 5ti,`Y �} ' """' Sir S~ j, xr. r1 sr X a' �• F' .N•4:.ti..e" .� s $Y RES-325 rage 7 of7 Pages Parcel No. I-2�525:` C 1 S ti ti �, A!" "k ti TEMPORARY EASEMENT EXHIBIT "X' continued RES-325 Page 8 of %Pages Parcel No. I X � Washington State w/1 Department of Tkansportation TECHNICAL MANUAL Maintenance Manual M 51-01 February 2008 RESUBMITTED MAR a 3 2010 WAY Maintenance and Operations Division CITYai=FEDERAL p BU1LDiNG DEPT. Drainage Be alert for diversion ditches on top of cut slopes that prevent slope erosion by intercepting surface drainage. Diversion ditches must be maintained to retain their diversion shape and capability. Surplus material that results from ditch cleaning can often be used for widening. Material placed into the adjacent portions of the highway or disposal areas must not obstruct or impair other roadside drainage areas. Do, not use material that may cause sedimentation problems to water bodies. Take care to avoid causing erosion problems or loose unstable fills. Don't use non -porous materials such as clay. They can become unstable when wet and trap water in the existing fill. If there is doubt about using such surplus material contact the Region Soils Engineer for assistance. Don't blade ditch cleanings across roadway surfaces. Dirt and debris remaining on the pavement after ditch cleaning operations must be swept from the pavement. Avoid undercutting the roadway back slope or in slope. Undercutting weakens the slope and will cause damaging slip -outs and other forms of slope erosion. Rockfall Ditches and Slope Benches Dry Wells Culverts Keep rock fall ditches and slope benches clean. Large amounts of slough or rock fall and other slide material that effectively block the ditch or bench should be removed as soon as possible after they occur. Dry wells accommodate the drainage flow in certain areas where: • Natural outfalls for a drainage system were not available. • Their use reduces the need for or size of downstream facilities. These dry wells should be inspected periodically. Replace the drain rock if storm water no longer percolates into the soil. A culvert is a conduit or pipe used as an artificial channel under a roadway or embankment to maintain flow from a natural channel or drainage ditch. Inspect all culverts at least twice a year. Keep them clean and in good operating condition. Changes in the up stream watershed due to logging, land development activities, farming practices, forest fires, etc., may increase water run off, sedimentation and debris. With these conditions more frequent inspections, particularly after periods of high runoff, are necessary to enable maintenance personnel to take corrective measures if damage has occurred. During storms and floods, critical areas need to be inspected and the culvert inlets kept clear. Repair and replace badly worn or broken culverts to minimize the possibility of damage to the roadbed by water saturating the fill material. Maintenance Manual Page 4-3 March 2002 Drainage Culverts with 50 percent or more constriction should be flushed or otherwise cleaned to restore the culvert's original capacity. (Use BMP's to minimize fish impacts when doing this work). Some of the larger culverts in flowing streams are designed for construction below the stream bed, to accommodate fish life. In these cases, the culvert should also be cleared of obstructions that may be detrimental to the passage of fish. Check culverts for scour around the inlet and outlet. Repair scoured areas with rip -rap or some other protection if necessary. In some cases standing water is desirable at the inlet end of the culvert to settle out sediment. Vegetation at culvert ends can be controlled by residual herbicides or mechanical means. Controlled burning of vegetation at culvert ends is a feasible alternative at some locations. Whatever method of vegetation control utilized needs to be accompanied by erosion and sediment control features/practices. Pavement markings that show the location of culverts should be renewed annually. These markings are critical for quickly locating culverts for both emergency and routine maintenance. Pavement markings of more permanent materials, such as thermoplastics, are encouraged. Automatic Pumps Under Drains Storm Sewers Automatic pumps, sumps, and pipes at underpass structures or draining depressed sections of highway must be kept in good operating condition at all times. Each installation must be inspected on a routine basis, at least once per week. Inspections should include the electrical, ventilation, greasing and drainage systems. Under drains are often constructed in the sub -grade to intercept subsurface water from springs and seepage water from the surface or percolating from below. Control of this water is essential to ensure the stability of the sub -grade upon which the highway is constructed. Inspect under drains on the same schedule as culverts. Keep their outlets open and clean. Choked under drains can be cleaned by high pressure flushing with water or flexible sewer rods. In cases where roots effectively block the drainage, the use of herbicides may be indicated. Whatever method of cleaning is used, consideration for erosion and sediment control is needed. In many areas underground pipe systems are necessary to carry storm runoff normally handled by ditches. Storm sewers are often used in long, depressed highways or along curbed sections on city streets. Water carried by the system is generally collected through inlets, catch basins, or manholes and carried by pipe to an out fall on a natural waterway. Page 4-4 Maintenance Manual March 2002 This project will rebuild the I-5 & SR 18 interchange by replacing two of the cloverleaf ramps with a westbound SR 18 to southbound I-5 "flyover" ramp and an eastbound SR 18 to northbound I-5 "flyover" ramp. The project will also build a new direct connection from westbound SR 18 to SR 161 in the vicinity of S. 359th St. Additional funding is needed for a future phase that will build a new southbound I-5 collector -distributor that will connect to SR 161 at S. 356th St. and S 359th St. This future phase will also realign other ramps. Both phases of this project will reduce congestion at the I-5/SR-18/SR-161 interchange and improve safety. 2008 2009 2010 2011 2012 2013 2014 Ad Date Operationally Complete MMLM",�97 Agf-2010 Jun-2013 RECEIVED DEC 01 2009 EXHIBIT A CITY OF FEDERAL WAY PAGE_�._OF cis v o� O // �s p \ tC O N of p �• N 97 m y 6 V �S rF N N ova N ..'o � T O z CD W N 3 � CD Q n=$a 0 CD c U3v 0 Law" e� Project Baits Q A4600 Ares EXHIBIT-L. Figure 1 Project Area Vkieny ?VbP 1-M& 1614R1STdxWc in nr4c mtb 0 I400 ?000Feft l e t l Draft Wetland Mitigation Plan � BERGER/ABAM, FAPWT-04-064 1-5 —SR 161/SR 18 Triangle Improvements Project January 2009 Washington State Department of Transportation Page 3 After recording return document to: State of Washington Department of Transportation Real Estate Services Office P O Box 47338 Olympia WA 98504-7338 1111111111111111111111111111111111 20091013001627 K NG COUNTY, WA Document Title: Temporary Construction Easement Reference Number of Related Document: Grantors: HD Development of Maryland, Inc. Grantees: State of Washington, Department of Transportation Legal Description: Ptn. of the Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M Additional Legal Description is on Page 6 of Documnn Assessor's Tax Parcel Number: 2- 82104-9008-0 \0 l f TEMPORARY CONSTRUCTION EASEMENT . PACIFIC NORTHWEST TITLE State Route 5, Pierce County Line to Jet. SSH No. 5-A ! r�r 2� HD Development of Maryland, Inc., a Maryland corporation ("HD"), and owner of the property legally described on Exhibit "A" (the "HD Property"), for and in consideration of the sum of TEN AND NO/100 ($10.00) Dollars, and other valuable consideration, conveys and grants unto the State of Washington, Department of Transportation, and its assigns ("WSDOT") under the imminent threat of the Grantee's exercise of its right of eminent domain, the right, privilege and easement over, upon, and across the property legally described on Exhibit "B" (the "Easement Area") for the purpose of providing a work area for adjacent highway construction related activities. The temporary rights herein granted shall terminate on December 31, 2018, if not before. RES-325 EXH1131T C PAGE-L-O For legal description and additional conditions See Exhibits "A" and "B" attached hereto and made a part hereof. Page 1 of I Pages FA No. 0053 (919) 0053 (934) Project No. U800502K Parcel No. 1-22523 RESUBMITTED MAR 03Z018 CITY OF FEDERAL WAY BUILDING DEPT. TEMPORARY CONSTRUCTION EASEMENT 1. Indemnification: WSDOT, its authorized agents and employees, shall defend, protect, save and hold harmless HD Development of Maryland, Inc. and Home Depot U.S.A., Inc. (collectively "HD'), its agents, successors and assigns, from all claims, actions, costs, damages, penalties, proceedings, disbursements, obligations, losses, liabilities, defenses or expenses of any nature whatsoever by reason of the acts or omissions of the WSDOT, its assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of the performance of the work on the property affected by the temporary construction easement by WSDOT (including without limitation any claims, damages, permit violations or other obligations of HD related in any way to the wetlands or stormwater located on the HD Property if arising out of the performance of WSDOT's work on the property affected by the temporary construction easement). This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of HD, its agents, successors and/or assigns; Provided that if the claims or damages are caused by or result from -concurrent negligence of (a) HD, its agents, successors, assigns and/or employees and (b) WSDOT, its agents, successors and/or assigns or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the WSDOT or WSDOT's agents or employees. 2. Coordination of Activities: WSDOT shall coordinate with HD its construction activities, and shall provide HD with at least five (5) days prior written notice of its intent to enter upon HD's property to commence such activity. 3. WSDOT's Use and Activities. WSDOT shall exercise its rights under the Easement so as to avoid interference with the HD Property. WSDOT shall at all tithes conduct its activities on the HD Property so as not to disturb, obstruct or endanger operations or facilities. - 4. Restoration: Immediately after the completion of work performed by WSDOT in the Easement Area, WSDOT shall remove all debris and restore HD's Property to the condition in which it was prior to commencement of such work. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington, unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation by the Headquarters Real Estate Services Manager. RES-325 Page 2 of 6 Pages Parcel No. 1.22523 TEMPORARY CONSTRUCTION EASEMENT Dated: -:Q HD Development ofM land c. By � N Erika M. Strawn Its: Sr Attorney _ Accepted and Approved STATE OF WASAINGTON Department of Transportation K ike Palazzo, Headquarters eal Estate Services an er Date: Approved as to Form: By: - 11 'oo I Amanda G. Phily Assistant Attorney General RES-325 Page 3 of 6 Pages Parcel No. 1-22523 TEMPORARY CONSTRUCTION EASEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On 2009, before me, Z j�S& If- �:M �� personally appeared f who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M--- ■ r ,� • (SEAL) U1iA M10iN Ca�r+AlF�io+i � i�r11>� omwCommy !'i4Wx P++h16e • Cil{FG1TIiF RES-325 Page 4 of 6 Pages Parcel No. 1-22523 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "B" Legal Description of "Easement Area" Temporary Easement Area: That portion of the hereinafter described Parcel "A", lying within the following described tract: Parcel A: Lot A, City of Federal Way Lot Line Adjustment No. BLA99-0003, recorded under Recording Number 199908169000008, said Lot Line Adjustment being a portion of the Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington. Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) La 1866+37t on the La line survey of SR 5, Pierce County Line to Jet. SSH No. 5-A and 351.58 feet Westerly therefrom, said point being on the Southerly line of said Parcel "A'; thence Easterly, along said Southerly line, to a point opposite HES La 1866+51f on said Ls line survey and 287.82 feet Westerly therefrom; thence Northeasterly to a point opposite HES 0 1873+ on said line survey and 269.17 feet Westerly therefrom; thence Westerly to a point opposite said HES and 275 Westerly feet therefrom; thence Northeasterly, parallel with said line survey, to a point opposite HES LE 1874+691 said point being on the Northerly line of said Parcel "A'; thence Westerly, along said Northerly line, to a point opposite HES. LE 1874+54t on said line survey and 342.94 feet Westerly therefrom; thence Southwesterly to a point opposite HES LE 1872+97.92 on said line survey and 440.90 feet Westerly therefrom; thence Southerly to the point of beginning. The lands herein.- described contain an area of 95,988 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing the date of approval June 24, 1958 and revised October 9, 2008. Grantor's ?nit ] RES-325 Page 6 of 6 Pages Parcel No. 1-22523 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" Legal Description of HD Property Lot A, City of Federal Way Lot Line Adjustment No. BLA99-0003, recorded under Recording Number 199908169000008, said Lot Line Adjustment being a portion of the Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington. RES-325 Page 5 of 6 Pages Parcel No. 1-22523 X AAer recbriirigreturn document to: State of �e aAmerii off sportatjon h3o `-.473W Olympia WA,-,9&04-A38/ ce ., S1, 411 J, Document Title., Tem06,r-Ar'yFqiemcn Reference Number of Related J40c"i 6e Grantor: Costco Wholesale 6t"ratii 3811060 0810 :4�, NU TIT EAS 49.00 1 I'AF 098 R24:17 IMY, UP R. dwashifiiW11 40rP614tion Grantee: State of Washington, DepaftniOnt--of 'Frausportafton � Legal Description: Ptn. Blocks 3, 4, P iiiima CentraL. Add. lat,6f Efist Z B, Vol. 4, P&43, Additionii Legif-Description is on Page 6 &'qf Dqiiiient . ....... 8043 0sTa ai�4el Number: 219260-029()-06",4li92.6'6.Q.-i' i Assessor w P TEMPORARY EASEMENT StAte Rd'tzte,S, Pie*q 'County:)ine to let. SSH No. 5-A x The GrOtor, COSW Wholesale Corporation, a Washington corp(;j �� %, for and in consideration ,`60 f ot" TgN-AND N011 00 ($10.00) Dollars, and other valuable consideration, conviys and' - *ants u - ft-to the State of Washington, Department of Transportation, and its."aissignsi`unOpf'the i6minqnt threat of the Grantee's exercise of its right X of Eminent Dornaift). the,x(j4j, d,+easwnent over, upon, and across the hereinafter described lands for the p seb f adjacent highway construction , f providing a,-WorY'�;qa or urp? related activities. The temporary rights herein granted oifbece�ber 31, 2013. Said lands being situated in King aunty, �tats`of �lashingtonb and described as follows: S X 80.o docdmerlhs) WOrO lq"3d fiiCf}pq Faeffic Northwest'rille SO S; OX pon ON- (163193-4)" red li Prcjeai,No. U8060k Page I of 7 Pages P=el 14&4,2292�" RES-325 e Revised 09/05 HEW f 3MITTEb MAR' 0 CITY OF FEDERAL *Ay - BUILDING DEPT. ti •n. +rs r+ } S ' r 1r. Y,5 fat,, Legal deseription ae ap,rt hero#: NOW, --'TIItREF019E, of w icy -is herby aalenowled 1. Cyz_nullanc6 TEMPORARY EASEMENT and additional conditions see Exhibit "A" attached hereto and for good. and valuable consideration, the receipt and sufficiency ;qf; the parties hereto agree as follows: herein in accordai e ' with the recta inents statutes, orders- P, les qnd reguIA�on"f any shall at all times exercise its rights to time amended) and all applicable having jurisdiction. 2• Coordinatfon Aof Abtivifines: grantee. shall coordinate the dates of its construction with Grant4, . lid Gx ante shall pjovW C motor with'` a least five (5) days prior written notice of its intent to entpi upon G6nt6r,,0 prop.rty fo com' Y6, such activity. 3. Restoration. lxnmediately ifter tife coxnoletion Of any work performed by Grantee in the temporary easement area,-G-rantee i t ajl. remove ad --'deb. ns arfd�:restore rvmtor's IV property to,tlme' rndition in which it was prior Q the co' x, rnoicerlient;Q sucks v Ork. v' 4." Granfod's Use and Activities. Grantee a "sh 1: aXcercise its right under the ! Agreement so' a�: to avoid interference with any property owned by,.-Grajritor. : G --ante shall at all times coxiduct its acctivities on Grantor's property so as not to °§bs66 or 0mdan0 Grantor's opemiionq..vr fadilid"" . 4 , _' 5� , ~ 17V fl farzdard8. All work to be performed by Grantee�nn brarftor`s property sl iali be complet :iim a careful and workananlike manner, free of claims or lied 6. Indemnity,+=`� The ,grantee'its authorized agents and employees, will protect, save and hold ha6nless-&e mentor; •i suoicm� ors or assigns, from all claims, actions, costs, damages or expenisys of 49y. naturIt e ❑ ..at§oever -,by reason of the acts or omissions of the Grantee its assi gam; l agents; contractd0 ;licedsees-;.. invitees, employees or any person whomsoever arising out of or ii..cvlinecticm with Any `Acts or activities authorized by this temporary easement. The (3r4ptee, its a6nts' or :employees&;;. fi�riher agrees to defend the Grantor in any litigation, including,.payment di and+ costs.nr adoffiey's fees, for any claims or action commenced, thereof arising out of or iii-eoi'nectiofi with acts ar activities authorized by this temporary easement. This obligatic4 shall not'.includ s ich claims;,:.costs, damages or expenses which may be caused by the sole h6 figerimk tli Giantor� :its stif censor or assigns; provided that if the claims or damages are caused' by or ,,result` from OncuiT nt-3iegligenee of (a) the Grantor, its agents or employees and (b) tBa.., iantee, #s agents . x erimploy es, and involves those actions covered by RCW 4.24.115, this inde unit" pmVisioh shall`be. v li4 atad enforceable only to the extent of the negligence of the •'Grante6 o ,fsrayte�'tsj aSeAts �r employees. REE-325 .r• 5 s " ti Page 2 of 7 Pages Parcei`t+Fa: 1-2525 s' Ar .•r � s . } i .Y. • 01s: J1, TEMPORARY EASEMENT c ~ 7,..•'' ` Jnsurance. Grantee shall cause its agents, contractors and representatives, g p -ontering..upon the Property pursuant to this Easement to obtain commercial general liability irlsurajce ins►.n'ing. -against injuries or damages to persons or property sustained on the ""°' • • `r Pimpdrty, ,with' a,dbombir ed single,limiti of Two Million Dollars ($2,000,000) naming Owner Grafittor••" a an,.additjirs�nal,ln �sured The insurance provisions in this section may be 'sulasiituted j it i self ixjuraficd as provided..undor RCW 43.19.19362 7<Fiitic s. All oticps demands c6ns nts approvals and other communications which are regtured or,desirbd to bdgiven'�y eitbir party to the other hereunder shall be in writing and slizill,,be'`hanel delivered or., se~nt"`b-y United States registered or certified mail, postage prepaid, return reeipi ieqq6ted,addregsed to the appropriate party at its address set forth below, or at such othef' address 48 such party•901--have lasO&'s'ignated by notice to the other. Notices, demands, "conse'hts, -apptova3'sr,-end othef';comnr u ations shall be deemed given when delivered or three days �er�naiiing. 'TP GRANTOR: Costco Whvlesale Cr9mpratiowr 999 Lake Drive A Issaquah, Washingon �8027 s syr• ^..H� Sc Attn: Legal Departm�zit x GR l'E:.a State of Washington s` Department of Transportation Real Estate Services Office �:4- ti" r- '` Sox 47338 Qlympia, WA 98504-7338 It is understood and -ageedsiliat d9livery';of this Easement is hereby tendered and that the terms and obligatis hexifshal}'not becime binding upon the State of Washington, unless and until accepted and:'Rfpro i d hereon iri writing for`thp State of Washington, Department of Transportation by its Director;of i eg =Estate Se vice . 47 ,• `" ,= _: r' ..•is,.•...0 RES-325 Page 3 of 7 Pages Parcel No. 17 25Z6 1 5 ,Y 4 is TEMPORARY EASEMENT D 2008. W, 04 gorpomuou 11 13X�Jowl Assistant Se - ifj.o J. t Depa enr-',�f ortaft9n B �'15erafd L. Gallinger Director, Real Estate SeFvvCes;.,r Date: &t4v Sr N X S X X RES-325 Page 4 of 7 Pages Parcel No. 1-22525* t• tiN 3' 1 TEMPORARY EASEMENT [ ;$T&E 09,...WASHINGTON .) ss Chanty of king day to r known l0 Ye the AsLijst instrumerk and ackrlawledq said corporatidft; 'i'or the uqs is authorized to exec4o said: GIVEN under my hand and p (SEAL) before me personally appeared Gail Tsuboi that executed the foregoing be the free and voluntary act and deed of ind'purpogeh t*ein mentioned, and on oath stated that she �itruaaenv' Foul seal t} e'Aay pd yea .last-a1Wie written, a Public, in aAd fbr•she State ,�t ngton, re-kdh1i a#' :�i"1�: Vert,► s v�i ,• mmission expires ,Y .Y a ems+ .. .tip' ,•y'N „�., RES-325 Page 5 of 7 Pages Parcel No. 1 2�52 ' j ~ TEMPORARY EASEMENT ,Y tiN �Y:Srp EXI-IZEiT "A„ ,s'M-ht P. of the hereinafter described Tract "X", lying within the following described tract: Beg anmg at_a. oint.,oppoAte %-I twayingineer's Station (hereinafter referred to as HES) L& }Ig75+23+ Qn the Ire lixi[e sw c dy'of 5R 5, Pi=4. County Line to Jet. SSH No. 5-A and 321.76 feet West�tly ihOeftvrin, 'ail€ poin'6pbpi#j on aihvy,, Southerly line of said Tract "X"; thence Easterly'.ta a Poirkt,. ppc t"e I.ES .IRS 1875+3 �n soaid line survey and 279.75 feet Westerly therefrom, saidpoint beit?g ilia Scut l'erly lib? of,6iA Tract "X'; thence Northeasterly, parallel with said line s 6N,CW'io a pnint'oppoAte U$S_:1; ::1877+08.60; thence Northwesterly to a point opposite HES to 1877+69,78 on said lir 6 s1?i'vey`and 317.50 feet Westerly therefrom; thence Southwesterly to the poirit.o£+begi=ng' a•'" ",- Tract " X" Parcel A: That pvrtio `'i�f. � �• �• y+ �'' -„ • • :.._;: the vacated plat of East Taeol xa Centr al Addition ` ",r.a voiding try th 'plat thereof rec� riled 14: Volume 4 of Plats, page 4� ., in K,Itig; bouhty�.,}2 ashiz gton described as follows: r S Commmencing�at tie Southwest corner of Section 21, Township 2-1h North, Ra#ge4 East, W.M., in Kifig C6unty; Washington; thence North 1"34'08" East alvng.,the :?west time of said subdivision', 4�6.66 'eet;..thence South 88°35'16" East 50.00 feet to t.hp,tas't margin of 16`h Avenue outli; as established -by deed recorded under Recording Number-9'I2180080, and the'' -RUE T;O, W GF BEGM14I'NG; thence South 88°35'16" East 470.00 feir~t thence South 1°2&'1-.9" We4i,=467.20,f ed more ,orJess, to the North margin of South 352'6 Street, as establish tt'l5y deeAs rkor$'ed uinddrr Recoirding Numbers 3566431 and. 3566432; thence North 88°3I'41" West along safd N6� i mq%�n 470.79, feet to the East margin of 16'n Avenue South, as established by :,deed rile'under !tedording Number 8912180080; thence North 1°34'08" East ala said,•'hd = ast m rgin 466.7i felt to::the TRUE POINT OF BEGINNING; EXCEPT that portion conveyed .:.to ;the sty :bf lkdeiul Way, a Washington municipal corporation, by deed recorded f Pder Regard ng 4ur46er hQd0503001231. Parcel B, r That portion of the vacated Plat of East t4c0ma Central Addition "1�' , according to the plat thereof recorded in Volume 4 of Plats, page`'O, i King Poukity, V ashin tton, described as follows: ,rf ,r Commencing at the Southwest corner of Section 21, Townslu 2.3' Ncitth "R zt e 4 has W,,I I in King County, Was a • g • t'; Washington; thence North 1 °34'D8" Basic �alarig fti� West -,dine �i£ �said;,r..,; subdivision, 496.66 feet; thence South 88°35'16" East 50.00 feet'ta theEaSt rnai?gi of 16�' Avenue South, as established by deed recorded under Recording Number'F91zI'8Q$0;`theice::'' South 88°35' 16" East 470.00 feet to the TRUE POINT OF BEG ~ r_• iNNINCr =#�enc�� cotxtiniiin • ' s°�,. RES-325 +' Page 6 of 7 Pales Parcel No. 1-2�52�c • , • ,s• ^l Y? �Y DNS• rr= ,r me ,xr TEMPORARY EASEMENT s Yx, 5vut 8$.°5'f.b" East 637.61 feet to the Westerly right-of-way line of Primary State Highway No:=" 1, ps estab)ished by deed recorded under Recording Number 4995246; thence South s+ P,r 17„�42':'4'Easf alongsaid Westerly margin 322.56 feet to an angle point thereon; thence Souti =13°5$'(t6",;T�Vest 6 ong said westerly margin 167.17 feet to the North margin of South A52"-d SO.�et; -ass establish .&d by:,'deed,%f'recorded under Recording Numbers 3566431 and •356643i; th�n6e Wak aloa&., id North margin 707.40 feet to a point which bears S-outs 1•°281-19".,-West Arpm� the hT�tIlE P�T OF BEGINNING; thence North 1 °28' 19" East 461:10 feet faJJI� MiJFVP014 BB rl lAgG. The lands lxereii ::d�ca rain ,art arei OT°'$,496 square feet, more or less, the specific details concerning all of .whirl are $o bqr 'ou d ij that certain map of definite location now of record and on file in the-�t���i 'e of the Sicr4 ry-8f Tt 9pgxtation of blympia, and bearing the date of approval rune 24, 1958 ark revised March17, 200k: Grantor's Initials ti sat xr "0•`s:.,.,,.•� �' .• • �, • •,' Y •fir`` r �•" +rrr S ..: o. S .... �,..,,.,•,.,.. •y'.:1 •t • • 4 '2 'c RES-325 Page 7 of? Pages Parcel No. �5 ,1 .r TEMPORARY EASEMENT EXHIBIT "A" } ,r continued OF Jo ram. � ,•...••^: a~ •'.' '�'..a :�;...r.• .�• tit -a. rt'r.M1rYY���. •.,�,, • is ✓ � v ,�•' ' 11�� ati' +• + • it .� ! rr r[ hYd K�' .94 • •�..rt .�•' n .YN ..x. r''•• 91 j AV :�,:••,�v''f'= .i'' rp� ,:i,�,r •• � Aut{uShcitmAren i� Tomp n 6t ni a rnl x �1 •n, 34ti ,f ., • :�r�.•• Iium�inSrr Arcs "' '�'' iN ,wunu�+•n aai SSi sf v�.,..1C. �' .1• •''H.H 1 RES-325 Page 8 ofp$Pages Parcel No. 1-22525 x • C n.S X .1 r ti -;,Afte ' p ording return document to: S,tatl•of Washington 'Pep" of Transportation Real �ttatO Service -Office �"'�„.;..�••'`•' P O BOX �733$ . ' ;-Olylinpi4,-*t ,*504.7338 2009' UO 2200 PACIFIC NW TIT EAS 55.00 PAGE-0S1 O'F 005 KING COUNTY, UAg ..•ti^ ..... �ti. � r� �'� rare , t' "�; Le al Descri' ti tr: `A of tiorw`"of thi SW 61d er of theNW Quarter of Section 28, g P 100 g Township 21 North, Rairge,4 East; With..' , Add.d 1 L al Descri tion is on P ge c-W 60cuti g p oil" a ---- Fr f .:. Assessor's Tax Parcel Number::�-M2-9Q69=4$ EASEmE-NT pAGl:i hlQRTIi I EST TITLE State Route 5, Pierce County Line to Jct. SSH71!I0. 'the Grantor,"I., Jet Chevrolet, Inc.' a Delaware jorpbroiion, for and to pnnssderativn of the:=spun=bf':`fEN: AND NO / 100 ($10.00) Dollars`,:- ind:'a#her r�iilluable :consideration, conveys arlii grants into the State of Washington, Departmept of Tran�spoitatron and its assigns, ut�der,the itiiminent threat of the Grantee's exercise of its --rights Of Eminent Domain, an,iasernent ;aver, 4qddr,'.49n and across the hereinafter describ'ed'6.,As;£or the purpose of constructing; instiliilg, operating and maintaining soil nails and -footings. "-Said: iitnd being itu4i4Ad"King County, State of Washington, and described as . follows: _ ?dr 1 gal escr ption ;snd .addi#tonal conditions See Exhibit OA aitached.leerety an -made a part hereof It is understood and agi+eod that'deivety of:this,:Easefn nt-is hereby tendered and that the terms and obligations hereof shall nat bec9.Wbit}iiizig upoll the' tate of Washington unless and until accepted and approved hereon in waiting fortho Stafo-afWashington, Department of Transportation by its Headquar' 6 keal.Eslate services Manager. r' EXCISE TAX NOT RF.QULRED ecord s s L . s} ..l Ulty RES-324 Page 1 of 5 Pages Revised 09 105 FANG, 0053 (919),#053,(93 j Prosec(No. U4,00502K �a. Parcel No. x-225.37 ? r`•` 1r'�i RESU�Cyr' +BM1 I. '1 EW:` . 'r MAR; 0 3 2010 CITY OF FEDERAL WAY BUILDING DEPT: EASE.ANT''., ;het 4 0,Nw e J, By- By: 2009 Y 1p. ... , -kl IV . .. Arc ted and -'AOroVW AIP STATE 0#--WAS4MbTQN,--.--, 14� Dep' artm nt bf Tx padation' X AV it By. Mike Palazzo, 6d4oart.ers.- Real Estate Services Mafi�p,"-Cr Date: 'All RES-324 Page 2 of (S) Pages Parcel No. 1-21517..' k X F EASENgNT J, STATA OF WA-SHrNOTON .,Coqfity of Kin. On till day of Vice -President me personally appeared , me known to be the President and foregoing instrument, and acknowledged said instroitneot to be thq.Ifte�-`an4--'voluntary act and diped of said corporation, Z for the uses and purposes ti"a."merMonid, ah"dron oath stated thkj they are authorized to S execute said instrument. Y Ilk` Notary PuWq kn aid fsw..tb)o Stat - e off Washington, residhg at..IA My commission expi X X X Av X X RES-324 Page 3 of (5) Pages mi Parcel No. I—Z-j5 yi'• .1 >lIIASEI4�ENT WlAhat.,por4otr'of the 5 U4rriiinat;, a point ¢� 161 130435 03 tin tWe and 50 f`eet Soutli , to EXHIBIT "A" Tract "X" lying within the following: tk HighWAy Engineer's Station (hereinafter referred to as HES) SR 51 line,"'",'-y of 5 5, Pierce County Line to Jct. SSH No. 5-A ercftot3'�,`thenc"l9thasterly to a point opposite HES SR 161 129+98.10 oit.�aid line Suivey and,74.25 f k.Northeasterly therefrom; thence Easterly to a point opposite I £S' SR 16 i 129+77.41 qq said':Iine survey and 109.08 feet Southeasterly therefrom; thence Nortl[easterly a�ng.d curve to the left, having aFradius of 236.50 feet and an arc length of 110:47 feet; tea a paint opposite HES•I 1853+05.6Toi# the LE line survey of said highway and 250.00 feet Westerly tblere-roar; thence.Nortlheaste�'ly giong a curve to the left, having a radius of 7,390 feet and -an, are length` of 24.4 . fed#, tv'a<point opposite HES LE 1853+30, 96 on said LE line survey anii. 25t feet lfilesteri teiefr; thence Northeasterly along a curve to the left, having a radius°af Z36.50„Feet and,..' n arc le6gth'of�.43 feeVto a point opp siie4 .ESLE 1853+33.47 on said LE line sui vey anti• 50:` :3 ;fee; V►� sterl ' therefrom; then4.Northeasterly to a point oppiisitr,N•ES:'LE 154 3 on said L line survey_;iind Z51.46'feet Westerly therefrom; thence Nor�heaster�y to a_point 9J poAteDIES LE l857;t`57.5J orx;sai& LE line survey and 261.36 feet westei�l therefrom; then a ortileasterly alor" a c4itve tv thileft, having a radius of 3,973.5 feet and arcarc length 43&.7} feet, to a 11 point opoositrr HES' LE 1861+37 ± on said LE line survey 270.8ileet--We.9ferl'y therefrom, said point b6ing c n thp`Noefierl}. line of said Tract "X'; thence Westerly lgiig.iaid:Northerly line f6 a paiht..6pposite4iES LE 1-$61+27f on said LE line survey and 310.40 f6et Westerly tli� from; th"i Soutlii�este ly, along a curve to the right having a radius v 3,393.5 feet and an arc•length'ofJ54,94 feet,,tfl a,poih't--gpposite HES LE 1857+57.39 on said LE line survey and 301.36 feet Westerk th�io6om; thence Southwesterly to a point opposite HES LE 1$54+35.72 on laid LEiineOrveyghd 29?3AP.feet Westerly therefrom; thence Southwesterly to a point opposite:HES, 9R ;J 61;:130-N-,% 6 ;6n said SR 161 line survey and 196.83 feet Northeasterly therefrom; thonci Southwesterly,- alotrg a.curve to the right having a radius of 73,50 feet and an arc length"of 20: 1' feet, to a point opposite HES SR 161 130+56.53 on said SR 161 line survey and 181 A5:,feet tar feasts rly the frgm;_th ce Southwesterly, along a curve to the right having a radius of 196.50 6t,ind,in Marc 1erigtth.6f 91.78 feet, to a point opposite HES SR 161 130+16.41 on said SR 161 ljhc.$u zyand 100.23:feet Northeasterly therefrom; thence Westerly to the point of bi nniiig. Tract "X" Parcel A: That portion of the West half of the Southwest quarter of the Northwess quartd.Q.f SW' ion•�8, ,...., Y � Township 21 North, Range 4 East, W.M., in icing County, Washington; described'ollows: Beginning at the Northwest corner of the Southwest quarter of the NorthwestOarf`er n( RES-324 Page 4 of (5) Pages Parcel No. 1 `�-2 7 y ,Y ?=tJ� 2" } E SElvMEr Se Cti(*24; Nortt west tlience North 89*36' East on the North line of said Southwest quarter of the mirter.,'657.92 feet; thence South 0009' West 255.00 feet to the TRUE POINT L) L.LJ 11.1 i^1 LF �,Cl State lilgh►kiy t't3 a point whii thence North EXCEPT' that °O9.-W est.to the intersection of the East boundary of Secondary �filortk i?i+esterly along the said East boundary of said highway 6' %iii 3$2:65:;feet from the. TRUE POINT OF BEGINNING; 65 feet:-tVthe AM POINT OF BEGINNING; CQw-A yed to. tfilr Stag°of Washington for highway purposes by deed recorded -.under kecgrdinNutaber 4584581- ».". , 5� .r Parcel B. wY =• That portion of the East hak of the Sduthwest: q 4after 6bhe Nortl wit quarter of Section 28, Township 21 North, Range 41 Est, W.Nf, in,`kj'h' g County;:Wasiihagton, lying Westerly of the Westerly margin of Primary State,. , igbi vay` ii& i ,a cc nveyed'ti the State of Washington by deed recorded under Recording Nurmr 4985$3. Grantors reserve the right to use the herein bafore de4*4 pioper-y.fanpurposes that aivill not unreasonably inh ere with the Grantee's full eihj yment-Qf the rights•ltejsby jrant+ d. �ieither Granto s no heir successors and/or assigns may erect Or rc�hst ct an�r building br stfucture on said pro without the prior written consent of the State bf W s ingtgai, )3ep ttment of Trausportationh' As,iased herein "building or structure" means •anything coristr-60 �l or erected op"Ac #> `und"6' r aa}r improvement built up or. composed ofpartsjo ied 6giAer:in some d finite mapper A, d,aflix6d::to the ground, including fences, walls and:&igrli;. Tab excavation i hall be`atlowed'v ithin the easement area for the maintenance and safety 6£the structure without prior;kitten apptbvat. of the State of Washington, Department ofTransportation. Grarifc�r,shalf sulimi far}:laic twrjtten'tipproval, a work plan to the State of Washington, Department offranVoAatiQh' :for any excavation or construction. Such work plan shall be submitted to the'•State of wa3hingt hr .,Department of Transportation for written approval no fewer than thirty 00j d s p ior,to the`a pe €ed work date; which approval shall not be unreasonably withheld. The lands herein described contain an area c 37 150•sg iare•feet, more or less, the specific details concerning all of which are to b" foundLin tkiat erta�ii�'•map dfdbfinite location now of record and on file in the office of the Seet0di,4y of.'�'rainspcartatibn ai4Olympia, and bearing date of approval June 24, 1958, and revised Septe'i bpi- 3 2009 as -..'to Sheet 4 and nwisied March 5, 2009 as to Sheet 9. 'r J RrS-324 Page 5 of (5) Pages Parcel No. 1— �1 .,a4� CITY OF Federal Way Stream Modifications on Parcels within the City of Federal Way E 0) — — — -- S 343;ST Cf) �. — Q m 534r4 T CID r S?445 7 _ j - � _j — -����- ±• - Sit 1.8 �3!sTS 'SST � S 351 ST- — -.S 352 ST LU U -w S -S3SST'— Q 1 ' S35'l.; U) c Q =N 91 I I- - S 349 > CV. S 352 ST 5T - PL_ S 354 tN - S 355 5T Q co N S 355. PL EXH IT:i \ �.r E CN 10 cn k E N Parcel #'s 282104-9008 282104-9124, 219260-0180 212104-9028, 282104-9069 200 0 200 400 600 800 Feet Note: This map is intended far use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. CL too I � 116M 12 AV-8 11 PL S 12 PIS 14PL8 AV rr. 1 _ Fl o__ N �17, t - cn 1/00 NFU -nA Ow y P (D O boa m TN yNQ � YI W C Yf N.0 cn CD0 w w 0 c mg CD CW � !D CD �r 0 Ph DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 ,n:ruw.ci �sfifeci�srzl�v;a�.corn DECLARATION OF DISTRIBUTION I, t' A Ihereby declare, under penalty of perjury of the laws of the State of Wasl ington, t at a- Z Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ FWCC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or l (posted to or at each of the attached addresses on C IS , 2009. Project Name File Number(s) Signature f Date t K:\Intern\Dedaral on of DlslrTiulio0 notices\Dedaratlon of Distribution with Posting SNes.doc/Last panted 12/18/2009 ^ XH I EB I■ q • /� PACE ___I___®�' _.1, Posting Sites: Federal Way City Hall - 33325 8th Avenue Federal Way 320th Branch Library - 848 South 320th Street K:\Intern\Declaration of Disiritiolion gstjcef\De _laration of Distribution with Posting Sites.doc/Last printed 12/18/2009 EXHIS.I IT F-_-_. PACE 1- OF r.ITY o. Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Washington State Department of Transportation (WSDOT) Triangle Project Project Description: Clearing, grading, and mitigation of stream and wetland impacts associated with WSDOT's replacement of the I-5 and SR 18 interchange cloverleaf ramps and new direct connection from westbound SR 18 to SR 161 in the vicinity of South 359th Street. Wetland Compensatory mitigation site is located at 933 South 3641h Street. Applicant: Brigid Dean, WSDOT, 401 2nd Avenue South, Suite 300, Seattle, WA 98104 Project Location: Interstate 5 and State Route 18 Interchange. Compensatory wetland mitigation site is located at 933 South 364h Street. Date Application Received: December 1, 2009 Date Determined Complete: December 17, 2009 Date of Notice of Application: December 19, 2009 Requested Decision and Other Permits Included with this Application: Applicant requests a Process IV `Hearing Examiner' decision (File #09-104380-UP) land use decision pursuant to Federal Way Revised Code (FWRC) Chapter 19.70. WSDOT issued an Environmental Determination of Nonsignificance (DNS) pursuant to State Environmental Policy Act procedures May 11, 2007. Existing Environmental Documents: Environmental Checklist; DNS; Wetland Mitigation Plan; Stream Mitigation Plan; Wetland Biology Report; and Wetland Summary Report. Development Regulations to Be Used for Project Review Known at this Time: FWRC Title 14, `Environmental Policy'; Title 16, `Surface Water Management'; and Title 19, `Zoning and Development Code' Public Comments: The initial notice period ends January 4, 2010, but any person may submit written comments to the Hearing Examiner by delivering these comments to the Department of Community Development Services prior to the public hearing date or by giving these directly to the Hearing Examiner at the public hearing. Only those persons who submit written comments to the Hearing Examiner, or specifically request a copy of the decision, may appeal the Process IV, Hearing Examiner's Decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File and Environmental Documents: The official project file and referenced environmental documents are available for public review during normal business hours at the Department of Community Development Services, 33325 8`h Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera, Associate Planner, 253-835-2638 Published in the Federal Way Mirror on December 19, 2009. E ■HISIT r Doc. I.D.52372 PAGE 3 OF-&- Doc. I.D. 52372 .. r . M L WAY f r tl-1 �r V0RM l :��:sKa_ 0 W S]Sarre _ xs Y G a m h' •..1".7..e Yh c , � Wetland Acres I (in study area) AB 0.42 D 0.05 E 0.77 s A F 0.01 w G 0.74 H 0.06 - M Si J/K/L 0.17 J 0.02 K 0.13 tsi a L 0.02 M 1.16 O 0.75 P 1.91 �n Q 0.24 T 0.05 U 0.13 " U-1 0.01 Source: Federal Way GIS (2005). Wetland Study Area Federal Way �-5 — SR 161/SR 18 Triangle Improvements Delineated Wetland Streams 0 1,000 2,000 Feet Project Limits 21iFile Path: P:\BergerAbam\185263Triangle\GIS\MapDocuments\Wetlands\SiteMap.mxd, Date: August 30, 2005 PAGE _5L.OF,16- - CITY OF ----,Federal Way Carrington Mitigation Site mpre TNs enfahonpis wdy tThe Citoruseasa g Way 933 South 364th Street !@171E5entaN'611 only. The City of FE+Cerai Way makes no warranty as to its accuracy. Wetland Compensatory Mitigation Site S 364 ST S 364 WY cn a_ 1 i > Q04 Washington State Department of Transportation Triangle Project Wetland Mitigation Site File # 09-104380-00-UP EHIR 1 PACE.S_OFJ N 200 0 200 • 400 Feet DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 DECLARATION OF DISTRIBUTION i C i f hereby declare, under penalty of perjury of the laws of the State of Was gton, that a: Ili Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ FWCC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was gmailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on � $ 2009. Project Name File Number(s) DOT TV i O,i--�()`f 3S0 -00 -LI vect Signature t Date K:\Intern\Declaraiion of Distribution nolices\Declaration of Disiribufion with Posting Sites.doc/Last printed 12/181 XHI I A Cm Federal 'Nay NOTICE OF MASTER LAND USE APPLICATION Project Name: Washington State Department of Transportation (WSDOT) Triangle Project Project Description: Clearing, grading, and mitigation of stream and wetland impacts associated with WSDOT's replacement of the I-5 and SR 18 interchange cloverleaf ramps and new direct connection from westbound SR 18 to SR 161 in the vicinity of South 359'h Street. Wetland Compensatory mitigation site is located at 933 South 364' Street. Applicant: Brigid Dean, WSDOT, 401 2nd Avenue South, Suite 300, Seattle, WA 98104 Project Location; Interstate 5 and State Route 18 Interchange. Compensatory wetland mitigation site is located at 933 South 364" Street. Date Application Received: December 1, 2009 Date Determined Complete: December 17, 2009 Date of Notice of Application: December 19, 2009 Requested Decision and Other Permits Included with this Application: Applicant requests a Process IV `Hearing Examiner' decision (File #09-104380-UP) land use decision pursuant to Federal Way Revised Code (FWRC) Chapter 19.70. WSDOT issued an Environmental Determination of Nonsignificance (DNS) pursuant to State Environmental Policy Act procedures May 11, 2007. Existing Environmental Documents: Environmental Checklist; DNS; Wetland Mitigation Plan; Stream Mitigation Plan; Wetland Biology Report; and Wetland Summary Report. Development Regulations to Be Used for Project Review Known at this Time: FWRC Title 14, `Environmental Policy'; Title 16, `Surface Water Management'; and Title 19, `Zoning and Development Code' Public Comments: The initial notice period ends January 4, 2010, but any person may submit written comments to the Hearing Examiner by delivering these comments to the Department of Community Development Services prior to the public hearing date or by giving these directly to the Hearing Examiner at the public hearing. Only those persons who submit written comments to the Hearing Examiner, or specifically request a copy of the decision, may appeal the Process IV, Hearing Examiner's Decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File and Environmental Documents: The official project file and referenced environmental documents are available for public review during normal business hours at the Department of Community Development Services, 33325 8d Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera, Associate Planner, 253-835-2638 Published in the Federal Way Mirror on December 19, 2009. EXHIBIT � �. 52372 �. PAGE_-�'�-- �. 5376TH ST 99 / FE RAL WAY WEYER1 (USER I IQ ❑ .F M " s as mr T• i' f 3i9 J • I W ULL4RJVr;Y D �r Wetland Acres (in study area) AB 0.42 D 0.05 E 0.77 y F 0.01 _ G 0.74 H 0.06 'ST J/K/L 0.17 ' J 0.02 K 0.13 1s1 4 L 0.02 M 1.16 1 f r O 0.75 1 P 1.91 y ,� Q 0.24 I vrt ElI xE T 0.05 U 0.13 U-1 0.01 Source: Federal Way GIS (2005). fl Wetland Study Area �� Federal Way 1-5 — SR 161/SR 18 Triangle Improvements ® Delineated Welland Streams 0 1,000 2,000 Feet Project Limits 1 , s 1 1 File Path. P:16ergerAGam1185283Triangle1GI$WapDoaumentswva ndsotemap mxdr Date: August 30, 2005 EXHIBIT PAGE. OF2, CITY OF Federal Way Corrington Mitigation Site rrt map is y ended e as a graphical 933 South 364th Street aL'orr on! The City of ofFFederal Way makes no warranty as to its accuracy. W d fn -cti .J r r i f, I I I CN14 v7 Washington State Department of Transportation Triangle Project Wetland Mitigation Site File # 09-1 O4380-00-UP PAGE N 200 0 200 400 Feet Corrington Site Parcel #292104927 Parcel #2921049103 Parcel #2921049111 Parcel #2921049113 Parcel #2921049118 Parcel #2921049119 Parcel #2921049130 RECEIVED DEC 01 2009 ���,�� � � _. �..�� CF FEDERAL WAY Corrington Site_mailinglist.doc � b ®r [ �_ C®S Parcel #292104927 Harms, Philip D 36501 11 th PL S Federal Way WA 98003 Bridges, David W and Parcel #2921049103 Lori 36612 8th Ave S Federal Way WA 98003 Kane, Steve C + Parcel #2921049111 Shawna W 805 S 364th St Federal Way WA 98003 Parcel #2921049113 Gowers, William L 36525 11 th PL S Federal Way WA 98003 Bridges, David W and Parcel #2921049118 Lori 36612 8th Ave S Federal Way WA 98003 Parcel #2921049119 Gowers, William L 36525 11 th PL S Federal Way WA 98003 Brown, Dean C + Parcel #2921049130 Teressa 807 S. 364th St Federal Way WA 98003 Parcel # 2921049157 Federal Way City of P.O. Box 9718 Federal Way, WA 98063-9718 Couington Site_mailinglist.doc L XMIniIT --L— PAE-L�-dF Triangle Parcels # Mailing List Parcel #2121049002 Parcel #2121049003 Parcel #2121049010 Parcel #2121049014 Parcel #2121049033 Parcel #2121049052 Parcel #2121049078 Parcel #2121049085 Parcel #2121049088 Parcel #2154660050 Parcel #2191600705 Parcel #2191600820 Parcel #2191600870 Parcel #2191601760 Parcel #2191602150 Parcel #2192600180 Parcel #2192600570 Parcel #2221049040 Parcel #2821049007 Parcel #2821049008 Parcel #2821049009 Parcel #2821049013 Parcel #2821049026 Parcel #2821049069 Parcel #2821049070 Parcel #2821049107 Parcel #2821049109 Parcel #2821049125 Parcel #2821049127 Parcel #2821049132 Parcel #2821049171 Parcel #2821049178 Parcel #2821049184 Parcel #2821049190 Parcel #2921049131 Parcel #6142600200 Parcel #7261200195 Parcel #7261200221 Parcel #7261200275 Triangle_main_proj ect_areal_list. doc lots y Cm� � )hHI IT b PAGE- .L®F-L(O-- Triangle Parcels # Mailing List Parcel #2121049002 WEYERHAEUSER CO TAX DEPT CH C28 PO BOX 9777 FEDERAL WAY WA 98063 Parcel #2121049003 Christian Faith Center 33645 20TH AVE S FEDERAL WAY WA 98003 Parcel #2121049010 Wal Mart Real Est Bus Trst 2001 SE 10th St Bentonville, AR 72712 Parcel #2121049014 WEYERHAEUSER CO TAX DEPT CH C28 PO BOX 9777 FEDERAL WAY WA 98063 Parcel #2121049033 SCHINDLER FMLY LTD PRTNRSHP 34114 21 ST AVE S FEDERAL WAY WA 98003 Parcel #2121049052 RHODODENDRON SP FOUNDATION PO BOX 3798 FEDERAL WAY WA 98003 Parcel #2121049078 Moon Sung Min+Deborah 8101 - 150th Place SE Newcastle WA 98059 Parcel #2121049085 R & K PROPERTIES LLC 16510 218TH AVE ORTING WA 98360 Parcel #2121049088 Fedway Marketplace East C/O Michael John Klein CPA 5743 Corsa Ave #216 Westlake Village CA 91362 Parcel #2154660050 HERON PARTNERS LLC TRACT A PO BOX 22926 SEATTLE WA 98122 Parcel #2191600705 Parcel #2191600820 Boyles Robert J 34805 27th Ave. S Federal Way WA 98003 MILLER JAMES C 3937 SO 348TH ST AUBURN WA 98001 EXHIBIT Triangle_main_proj ect_areal_list. doc Triangle Parcels # Mailing List Parcel #2191600870 King County 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 Parcel #2191601760 LOITZ MARILYN-PR FOR ESTATE OF BRICE FLORENCE H 15739 SW HIGHPOINT DR SHERWOOD OR 97140 Parcel #2191602150 King County 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 Parcel #2192600180 Costco Wholesale Corp Property Tax Dept 061 999Lake DR Issaquah WA 98027 Parcel #2192600570 West Campus Square Co LLC 433 N Camden DR Suite 500 Beverly Hills CA 90210 Parcel #2221049040 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Parcel #2821049007 King County 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 Parcel #2821049008 HD DVLPMT OF MARYLAND Inc. PROPERTY TAX DEPT #4703 PO BOX 105842 ATLANTA GA 30348 Parcel # 2821049009 Edward Riehl 35926 16th Avenue Federal Way, WA 98003 Parcel #2821049013 Hayes Kenneth C 1842 FREY LN MISSOULA, MT 59802 L )#f4 �----- Triangle_main_proj ect_areal_list. doc Triangle Parcels # Mailing List Parcel #2821049026 Enchanted Parks Inc. PO BOX 543185 DALLAS TX 75354 Parcel #2821049069 Jet Chevrolet Inc P O BOX 4986 FEDERAL WAY WA 98063 Parcel #2821049070 Crosspointe Kitts Corner Apartments 33515 10TH PL S BLDG 15 FEDERAL WAY WA 98003 Parcel #2821049107 Sehlin Gloria A + Stolen Dona 36028 16th Ave. S. Federal Way, WA 98003 Parcel #2821049109 Wright Robert L 36200 16th Ave. S. Federal Way, WA 98003 Parcel #2821049125 Soyam Federal Way Property 1712 S. 356th St. Federal Way, WA 98003 Parcel #2821049127 Walker Investments PO BOX 208 SUMNER WA 98390 Parcel #2821049132 Bartose Robert 1649 S 359th St Federal Way, WA 98003 Parcel #2821049171 Ronald Cranston 1663 HARBOR AVE SW SEATTLE WA 98126 Parcel #2821049178 Lloyd Russell R P.O. Box 4203 Federal Way, WA 98063 Parcel #2821049184 LG Enchanted Wood LLC 4380 SW MACADAM AVE #380 PORTLAND OR 97239 Parcel #2821049190 Huerta Ignacio Rodriguez 36010 16th Avenue S. Federal Way, WA 98003 Triangle_main_proj ect_areal_list. doc PAGE IS OF_ Triangle Parcels # Mailing List Parcel #2921049131 Federal Way School District 31405 18TH AVE S FEDERAL WAY WA 98003 Parcel #6142600200 WEYERHAEUSER CO TAX DEPT CH C28 PO BOX 9777 FEDERAL WAY WA 98063 Parcel #7261200195 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Parcel #7261200221 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Parcel #7261200275 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Tri angle_main_proj ect_areal_li st. doc EXHIMmir PAGE-LL-OF� 7 DEPARTMENT OF COMMUNTl'Y DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 DECLARATION OF DISTRIBUTION 1 , hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application &. Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter l Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice-qf LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document wa��((s�� ❑ mailed ❑ faxed 'fie -mailed and/or ❑ posted to or at each of the attached addresses on _ CI ,Z J 2010. Project Name +� S File Number(s) 0 - y� g Signature Date '7 -q• d 0/ K:\CD Administration Files\Declaration of Distribution.doc/Last printed 12/31 /2009 11:32:00 AM EXH I B IT PAGE_�--OF-iZ- .[fY [7F Federal Way NOTICE OF PUBLIC LAND USE HEARING WSDOT Triangle Project File No. 09-104380-00-UP Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Wednesday, April 7, 2010, in the Federal Way City Council Chambers, 33325 8th Avenue South, Federal Way, WA. Requested Decision and Project Description: The applicant is requesting a Process IV "Hearing Examiner" decision pursuant to Federal Way Revised Code Chapter 19.70. The project includes clearing and grading activities, wetland mitigation, permanent and temporary wetland buffer intrusions, and stream culverting/relocating associated with the replacement of Interstate 5 and SR 18 interchange cloverleaf ramps and new direct connection from westbound SR 18 to SR 161 in the vicinity of South 359th Street. Project Location: WSDOT right-of-way in and around Interstate 5 and State Route 18 Interchange. Compensatory wetland mitigation site is located at 933 South 364th Street. Applicant: Brigid Dean, WSDOT, 401 2nd Avenue South, Suite 300, Seattle, WA 98104 Date Application Received: December 1, 2009 Date Determined Complete: December 17, 2009 Date of Notice of Application: December 19, 2009 Permits Required by this Application: Process IV `Hearing Examiner' (File 09-104380-UP) The following environmental documents were submitted in conjunction with the Process IV application: Environmental Checklist; DNS; Wetland Mitigation Plan; Stream Mitigation Plan, Wetland Biology Report; and Wetland Summary Report. Any person may submit written comments to the Hearing Examiner and appear at the public hearing to provide verbal comments. Persons submitting written comments may deliver these comments to the Department of Community Development Services any time prior to the hearing or by giving them directly to the Hearing Examiner at the hearing. Only persons who submit written or verbal comments to the Hearing Examiner or specifically request a copy of the written decision may appeal the Hearing Examiner's decision. Any person may request a copy of the decision. The application for the proposal is to be reviewed under applicable codes, regulations, and policies of the City of Federal Way. The official file is available for review during business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) in the Dept of Community Development Services, 33325 80' Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera, Associate Planner 33325 8th Avenue South Federal Way, WA 98063 Phone - (253) 835-2638 Publishedan the Federal Way Mirror on March 20, 2010. EXHIBIT F FAGE ti OFF_ Doc. I.D. 53301 c y Y � N C W� U E W CO a � m O D- Q _ o LCD tt r @C N in a a from c � gap rn =E L F lA j j m Li 0 v z 0 N 0 C o 0 N 6a PL Tamara Fix From: Mary Lou Goss [mgoss@fedwaymirror.com] Sent: Wednesday, March 17, 2010 11:39 AM To: Tamara Fix Subject: Re: Legal Notice - WSDOT Will do! Mary Lou Goss Office Manager/ Marketing Consultant Federal Way Mirror 1414 S 324th St., Suite B-210 Federal Way, WA 98003 253-925-5565 From: Tamara Fix mailto:Tamara.Fix@cityoffederalwa .com] To: 'admin@fedwaymirror.com' [mailto:admin@fedwaymirror.com] Sent: Wed, 17 Mar 2010 11:20:40 -0700 Subject: Legal Notice - WSDOT Please publish the following legal notice (WSDOT Triangle Hearing, 09-104380) in Saturday's (March 20, 2010) issue. Please confirm and issue an affidavit of publication. City 0�--Ted'ei�af am tais7.a.,ra.fLA,cit310 eedei-a6vaV.cmii. "I expect to pass through this world but once. Any good that I can do, or any kindness I can show, let me do it now." ExwIS. iTL PAGE � OFF DEPARTMENT OF CommuNITY DEVELOPMENT SERVICES 33325 81h Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 � � �.ci aftede-cai'tiva r.�.or} DECLARATION OF DISTRIBUTION I, hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter %Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was nailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on "1, _ 1 >r, C ' ) ? 2010. Project Name File Number(s) Signature Date - 1 R -__W j� K:\CD Administration Files\Declaralion of Distribution.doc/Last printed 12/31 /2009 11:32:00 AM J q 9 -___�_ _ - AGES OFF COO t7f Nr 'w� Federal Way NOTICE OF PUBLIC LAND USE HEARING WSDOT Triangle Project File No. 09-104380-00-UP Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Wednesday, April 7, 2010, in the Federal Way City Council Chambers, 33325 8`' Avenue South, Federal Way, WA. Requested Decision and Project Description: The applicant is requesting a Process IV "Hearing Examiner" decision pursuant to Federal Way Revised Code Chapter 19.70. The project includes clearing and grading activities, wetland mitigation, permanent and temporary wetland buffer intrusions, and stream culverting/relocating associated with the replacement of Interstate 5 and SR 18 interchange cloverleaf ramps and new direct connection from westbound SR 18 to SR 161 in the vicinity of South 359th Street. Project Location: WSDOT right-of-way in and around Interstate 5 and State Route 18 Interchange. Compensatory wetland mitigation site is located at 933 South 3641h Street. Applicant: Brigid Dean, WSDOT, 401 2nd Avenue South, Suite 300, Seattle, WA 98104 Date Application Received: December 1, 2009 Date Determined Complete: December 17, 2009 Date of Notice of Application: December 19, 2009 Permits Required by this Application: Process IV `Hearing Examiner' (File 09-104380-UP) The following environmental documents were submitted in conjunction with the Process IV application: Environmental Checklist; DNS; Wetland Mitigation Plan; Stream Mitigation Plan; Wetland Biology Report; and Wetland Summary Report. Any person may submit written comments to the Hearing Examiner and appear at the public hearing to provide verbal comments. Persons submitting written comments may deliver these comments to the Department of Community Development Services any time prior to the hearing or by giving them directly to the Hearing Examiner at the hearing. Only persons who submit written or verbal comments to the Hearing Examiner or specifically request a copy of the written decision may appeal the Hearing Examiner's decision. Any person may request a copy of the decision. The application for the proposal is to be reviewed under applicable codes, regulations, and policies of the City of Federal Way. The official file is available for review during business hours (Monday through Friday, 8:00 a.m to 5:00 p.m.) in the Department of Community Development Services, 33325 8'h Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera, Associate Planner 33325 8`h Avenue South Federal Way, WA 98063 Phone - (253) 835-2638 EXH1E1AA lT _f__ Published in the Federal Way Mirror on March 20, 2010. I" °G OF Doc. ID 53301 i i i .o cn ; cn' Di S AV R - M� smog 0 - 0 C3 co 0) k. i t � „ • Ir CL CU 2 amz r+ v �9 cJ�s PL Noy ' SIdK an a� LL 0 C) O 0 N O O O N iEX i.i PAGE -A Triangle Parcels # Mailing List Parcel #2121049002 Parcel #2121049003 Parcel #2121049010 Parcel #2121049014 Parcel #2121049033 Parcel #2121049052 Parcel #2121049078 Parcel #2121049085 Parcel #2121049088 Parcel #2154660050 Parcel #2191600705 Parcel #2191600820 Parcel #2191600870 Parcel #2191601760 Parcel #2191602150 Parcel #2192600180 Parcel #2192600570 Parcel #2221049040 Parcel #2821049007 Parcel #2821049008 Parcel #2821049009 Parcel #2821049013. Parcel #2821049026 r Parcel #2821049069 Parcel #2821049070 Parcel #2821049107 Parcel #2821049109 Parcel #2821049125 Parcel #2821049127 FEDERAL NAY �'� G Parcel #2821049132 CI)s Parcel #2821049171 Parcel #2821049178 Parcel #2821049184 Parcel #2821049190 Parcel #2921049131 Parcel #6142600200 Parcel #7261200195 Parcel #7261200221 Parcel #7261200275 EXHISIT--L-� Triangle_main_project_areal_list.doc PAGE ��O F �— ,Triangle Parcels # Mailing List Parcel #2121049002 WEYERHAEUSER CO TAX DEPT CH C28 PO BOX 9777 FEDERAL WAY WA 98063 Parcel #2121049003 Christian Faith Center 33645 20TH AVE S FEDERAL WAY WA 98003 Parcel #2121049010 Wal Mart Real Est Bus Trst 2001 SE 10th St Bentonville, AR 72712 Parcel #2121049014 WEYERHAEUSER CO TAX DEPT CH C28 PO BOX 9777 FEDERAL WAY WA 98063 Parcel #2121049033 SCHINDLER FMLY LTD PRTNRSHP 34114 21 ST AVE S FEDERAL WAY WA 98003 Parcel #2121049052 RHODODENDRON SP FOUNDATION PO BOX 3798 FEDERAL WAY WA 98003 Parcel #2121049078 Moon Sung Min+Deborah 8101 - 150th Place SE Newcastle WA 98059 Parcel #2121049085 R & K PROPERTIES LLC 16510 218TH AVE ORTING WA 98360 Parcel #2121049088 Fedway Marketplace East C/O Michael John Klein CPA 5743 Corsa Ave #216 Westlake Village CA 91362 Parcel #2154660050 HERON PARTNERS LLC TRACT A PO BOX 22926 SEATTLE WA 98122 Parcel #2191600705 Boyles Robert J 34805 27th Ave. S Federal Way WA 98003 Parcel #2191600820 MILLER JAMES C 3937 SO 348TH ST AUBURN WA 98001 Triangle_main_proj ect_areal_list. doc EX VSI-T F Triangle Parcels # Mailing List Parcel #2191600870 King County 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 Parcel #2191601760 LOITZ MARILYN-PR FOR ESTATE OF BRICE FLORENCE H 15739 SW HIGHPOINT DR SHERWOOD OR 97140 Parcel #2191602150 King County 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 Parcel #2192600180 Costco Wholesale Corp Property Tax Dept 061 999Lake DR Issaquah WA 98027 Parcel #2192600570 West Campus Square Co LLC 433 N Camden DR Suite 500 Beverly Hills CA 90210 Parcel #2221049040 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Parcel #2821049007 King County 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 Parcel #2821049008 HD DVLPMT OF MARYLAND Inc. PROPERTY TAX DEPT #4703 PO BOX 105842 ATLANTA GA 30348 Parcel # 2821049009 Edward Riehl 35926 16th Avenue Federal Way, WA 98003 Parcel #2821049013 Hayes Kenneth C 1842 FREY LN MISSOULA, MT 59802 PAGE- D 0E--j-&- Triangle_main_proj ect_areal_list. doc Triangle Parcels # Mailing List Parcel #2821049026 Enchanted Parks Inc. PO BOX 543185 DALLAS TX 75354 Parcel #2821049069 Jet Chevrolet Inc P O BOX 4986 FEDERAL WAY WA 98063 Parcel #2821049070 Crosspointe Kitts Corner Apartments 33515 10TH PL S BLDG 15 FEDERAL WAY WA 98003 Parcel #2821049107 Sehlin Gloria A + Stolen Dona 36028 16th Ave. S. Federal Way, WA 98003 Parcel #2821049109 Wright Robert L 36200 16th Ave. S. Federal Way, WA 98003 Parcel #2821049125 Soyam Federal Way Property 1712 S. 356th St. Federal Way, WA 98003 Parcel #2821049127 Walker Investments PO BOX 208 SUMNER WA 98390 Parcel #2821049132 Bartose Robert 1649 S 359th St Federal Way, WA 98003 Parcel #2821049171 Ronald Cranston 1663 HARBOR AVE SW SEATTLE WA 98126 Parcel #2821049178 Lloyd Russell R P.O. Box 4203 Federal Way, WA 98063 Parcel #2821049184 LG Enchanted Wood LLC 4380 SW MACADAM AVE #380 PORTLAND OR 97239 Parcel #2821049190 Huerta Ignacio Rodriguez 36010 16th Avenue S. Federal Way, WA 98003 EXHIBIT PAGE-JI-01-- - Tri angle_main_proj ect_areal_li st. doc , Triangle Parcels # Mailing List Parcel #2921049131 Federal Way School District 31405 18TH AVE S FEDERAL WAY WA 98003 Parcel #6142600200 WEYERHAEUSER CO TAX DEPT CH1 C28 PO BOX 9777 FEDERAL WAY WA 98063 Parcel #7261200195 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Parcel #7261200221 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Parcel #7261200275 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 4XHISRT PAGE 1Z O lF� Tri angle_main_proj ect_areal_list. doc Corrington Site Parcel #292104927 Parcel #2921049103 Parcel #2921049111 Parcel #2921049113 Parcel #2921049118 Parcel #2921049119 Parcel #2921049130 RECEIVED DEC 01 2GO9 CITY OF FEDERAL WAY Corrington Site_mailinglist.doc PAGE_ L-OF IS Parcel #292104927 Harms, Philip D 36501 11 th PL S Federal Way WA 98003 Bridges, David W and Parcel #2921049103 Lori 36612 8th Ave S Federal Way WA 98003 Kane, Steve C + Parcel #2921049111 Shawna W 805 S 364th St Federal Way WA 98003 Parcel #2921049113 Gowers, William L 36525 11 th PL S Federal Way WA 98003 Bridges, David W and Parcel #2921049118 Lori 36612 8th Ave S Federal Way WA 98003 Parcel #2921049119 Gowers, William L 36525 11 th PL S Federal Way WA 98003 Brown, Dean C + Parcel #2921049130 Teressa 807 S. 364th St Federal Way WA 98003 Parcel # 2921049157 Federal Way City of P.O. Box 9718 Federal Way, WA 98063-9718 Corrington Site_mailinglist.doc EXMIISV1 PAGE-4 -.OF�_ DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 'J/'JMJJ,CI �+•£'dr`A.:'s�IWJv,C�1n_I DECLARATION OF DISTRIBUTION I, hereby declare, under penalty of perjury of the laws of the State of wastikgton, th t a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or Aposted to or at each of the attached addresses on rac 2010. Project Name 11 u �. 11 () e-C File Number(s) t0l"_VI 3S6 —0o "—u Signature Date Z,EXHIBIT-L- 1:\1ntern\Deck3iattoll of Distribution notices\Declaration of Distribution with Posting Sites.doc/Last printed 3/19/2010 PAGE 1 5 GF__L Posting Sites: Federal Way City Hall — 33325 81h Avenue Federal Way 320th Branch Library -848 South 320th Street Subject Site - 933 South 364th Street 3 -� K:\1ntjrn\Dec1afctrion of Distribution notices\Declaration of Distribution with Posting Sites.doc/Last printed 3/19/2010 exHIRE IT -L_ PAGE-L6 0F�_ 'n;:k Federal Way NOTICE OF PUBLIC LAND USE HEARING WSDOT Triangle Project File No. 09-104380-00-UP Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m or soon thereafter on Wednesday, April 7, 2010, in the Federal Way City Council Chambers, 33325 8t' Avenue South, Federal Way, WA. Requested Decision and Project Description: The applicant is requesting a Process IV "Hearing Examiner" decision pursuant to Federal Way Revised Code Chapter 19.70. The project includes clearing and grading activities, wetland mitigation, permanent and temporary wetland buffer intrusions, and stream culverting/relocating associated with the replacement of Interstate 5 and SR 18 interchange cloverleaf ramps and new direct connection from westbound SR 18 to SR 161 in the vicinity of South 359d' Street. Project Location: WSDOT right-of-way in and around Interstate 5 and State Route 18 Interchange. Compensatory wetland mitigation site is located at 933 South 364th Street. Applicant: Brigid Dean, WSDOT, 401 2nd Avenue South, Suite 300, Seattle, WA 98104 Date Application Received: December 1, 2009 Date Determined Complete: December 17, 2009 Date of Notice of Application: December 19, 2009 Permits Required by this Application: Process IV `Hearing Examiner' (File 09-104380-UP) The following environmental documents were submitted in conjunction with the Process IV application: Environmental Checklist; DNS; Wetland Mitigation Plan; Stream Mitigation Plan; Wetland Biology Report; and Wetland Summary Report. Any person may submit written comments to the Hearing Examiner and appear at the public hearing to provide verbal comments. Persons submitting written comments may deliver these comments to the Department of Community Development Services any time prior to the hearing or by giving them directly to the Hearing Examiner at the hearing. Only persons who submit written or verbal comments to the Hearing Examiner or specifically request a copy of the written decision may appeal the Hearing Examiner's decision. Any person may request a copy of the decision. The application for the proposal is to be reviewed under applicable codes, regulations, and policies of the City of Federal Way. The official file is available for review during business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) in the Department of Community Development Services, 33325 8" Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera, Associate Planner 33325 8"' Avenue South Federal Way, WA 98063 Phone - (253) 835-2638 Published in the Federal Way Mirror on March 20, 2010. PAGE -IW L6 ---- Doc. I D 53301 SAM Lm (D ce) zr a, T CL E 0 0= C, C It C) C) C\l C) C)IM C) C*j Ci �6g PL Ol -T- Page 1 of 4 Hylebos Creek Tributary 16A Habitat Assessment March 30, 2010 Overview • Tributary 16A originates in the parking lot of the Federal Way Mall and flows south on the west side of 1-5 through a series of residential developments, wooded wetlands, and light industrial areas. • In the Triangle project area, 16A crosses underneath the 1-5/SR18 cloverleaf interchange and then through a culvert underneath 1-5 before joining the mainstem Hylebos Creek just south of SR161 (Figure 1). Habitat quality ■ The stream is severely altered from original condition. o It used to flow into the West Fork of Hylebos Creek, but has been diverted to East Hylebos Creek. o Hydrology is driven chiefly by runoff and precipitation, and is extremely flashy, alternating between wet and dry during a very short time frame. The stream often runs dry even in wintertime and is usually dry from April to October of most years (Figure 2). o Habitat upstream of the project area alternates between heavily urbanized residential areas, light industrial areas (such as warehouses) and wooded wetlands. • Trib 16A could provide juvenile rearing and foraging areas if water were present. However, given the flashy nature of the stream, if fish were able to access it they would likely be subject to stranding in residual pools during low or intermittent flows (Figure 3). Fish use • Fall Chinook, fall chum, winter steelhead, coho, and cutthroat trout have all been documented in the East Fork of the Hylebos, but there is no documented anadromous fish use of Tributary 16A north of SR161, over 3000 feet downstream of the 1-5 culvert and outside the Triangle Project area. • Only one fathead minnow was observed upstream of SR161 (downstream of the Triangle project area) during a two-year electrofishing investigation conducted by King County. • A year -long survey of the tributary by King County Surface Water Management noted the ephemeral nature of the stream and absence of salmonids in the upper portion of the creek. • No macroinvertebrates were observed during a 2005 stream survey, and the intermittent nature of the stream likely does not support enough aquatic invertebrates for fish. • The stream often runs dry in the vicinity of the SR161 crossing downstream of 1-5, limiting the ability of salmonids or other species to access upstream habitat. Stream hydrology essentially serves as a barrier to fish. w 0 M o LL 0) 00 Z CY) 00 ¢CD 00 00 LL O Z a) ¢o n LL rn co Z ¢ rn rn CD co LL °' rn LO Z CD rn LO rn rn O O O O O O O r O U�OUOUAO cM N CV rr 00 S3HONI NI NOIIVIIdI33dd _s a .. a . v =i•l - LU LD O co rn rn r LL 0') Cn 00 ¢ M Cn 00 LL 0) CD r- rn LL co �CF) co LL rn LO Z rn rn rn LO �CD 0 0 0 0 0 0 0 0 o T o LO o LO o LO o Lri o I�t C7 m N N dNO33S dad 133A nsm NI `3JddHOSl(3 ca T co F- E O co O O) C .i 0 C O T cm O O .O 2 N O LL EXHIBIT-L� PAGE 3 C)P�.- - - •-- ------------------------------------ AOENCY USE ONLY Agency reference # ©ate received: Circulated by: _�_ Proj ect T ra c ki ng #: '--------------------------- ---.-.......-.----------------------------------------- ---- a WASHINGTON STATE US Amty Corps Joint Aquatic Resources Permit Application Form him] ofFng,neers. wawa o+ *. " Part 1—Project Identification Ia. Unique Project Identifier tr q Don't gave one yet? .Get one at www.epeunittirig.wa.gov or call the Office of Regulatory Assistance at 1-800-9.17-0043. 659657-08-01 I b. Project Narne i Examples: Smith's Dock or Seabrook Lane QM.Vopmentj hel 1 1-5-SR 151/SR 18 Interchange Improvements Project (Triangle Project) Part 2—Applicant Person or organization legally responsible for the project. g-M 2a. Name (Last, First, Middie) and Organization (it applicable) Attention: Seeberger, Donald A. Washington State Department of Transportation (WSDOT), Urban Corridors Office (UCO) Zb. Mailing Address (Street or PO Box) 401 Second Avenue S., Suite 300 2c. City, State, Zip Seattle WA 98104 2d. Phone (1) 2e. Phone (2) 2f. Fax 2 . E-mail ( 206)716-1127 ( 206) 716-1101 seeberd@wsdot.wa.gov Part 3—Authorized Agent or Contact Applicants can authorize someone else to represent them. If you use an authorized agent or contact for this project, please fill out the section below. Authorized agent(s) must sign Part 10.b. of the JARPA. hf M 3a. Name (Last, First, Middle) and Organization (ifapplicable) Dean, Brigid: WSDOT Contact 36. Mailing Address {Street orPO sox) UCO, 401 Second Avenue S., Suite 300 3c. City, State. Zip Seattle WA 98104 3d. Phone (1) 3e. Phone p) 3f. Fax 3 E-mail (206)716-1137 ( } (206)716-1101 deanb@wsdot.wa.gov r Form #23 t N 1 of 17 Er , 9 ' .,_ 1T. Last Update: 10122108 Part 4-Property Owner hie] ® Same as applicant. (Please skip to Part 5.) ❑ Repair or maintenance activities on existing rights of way or easements. (Please skip to Part 5.) ❑ There are multiple property owners. (Please provide the information requested below for each property owner. Please attach an additional sheet to the form if necessary.) 4a. Name (Last, First, Middle) and Organization (ifapplicable) 4b. Mailing Address (Street or PO Box) 4c. City, State, Zip 4d. Phone (i) 4e. Phone (2) 4f. Fax 4g. E-mail y ll Part 5-Property and Project Locations : Main Project Area ® There are multiple properties or project locations (e.g., linear projects). For each property, please include the information below in an attachment. 5a. Street Address (Cannot be a PO Box. If there is no address, please provide other location information in 5k.) hel The Triangle project is located in the vicinity of the Intersection of 1-5 and SR 18. The northern project limit is south 336th street, 1-5 MP 142.77, the southern project limit is south of South 360th street, 1-5 MP 140.86, the western project limit is SR 99 (Pacific Highway S.), SR 18 MP 2.4213 and the eastern project limit is SR 18 MP 2.33. 5b. City, State, Zip (If the project is not in a city or town, please provide the name of the nearest city or town.) [help] City of Federal Way, Washington, 98063 5c. County Le King 5d. Please provide the section, township, and range for the project location. hel 1/4 Section Section Township Range SE Section 14 21 N 21 N R 4E SE Section 20 R 4E NW, NE, SW, SE Section 21 21 N R 4E NW and SW Section 22 21 N R 4E NW and SW Section 28 21 N R 4E SE Section 29 21 N R 4E 5e. Please provide the latitude and longitude of the project location. [help] ■ Example: 47.03922 N lat. /-122.89142 W long 47' 17' 22.58031" N Latitude 122' 18' 23.77600" W Longitude . . Form #23 2 of 17 P&lI ast Update: 10/22/08 PAGE..? �'� 5f. List the tax parcel number for the project location. [het- ■ The local county assessor's office can provide this information. WSDOT ROW 5g. Identify the type of ownership of the property. (Check all that apply.) hem ❑ State Owned Aquatic Land ❑ Tribal land ❑ Private land ® Other publicly owned land (federal, state, county, city, special districts like schools, ports, etc.) 5h. Contact information for all adjoining property owners, lessees, etc. (lfmore space is needed, please attach a separate iece of paper.) ltel Name Mailing Address Cityi State, Zip See Attached 51. Is any part of the project area within a 100-year flood plain? Lielpj Yes ® Na 5j. Briefly describe the vegetation and habitat conditions on the property. ttglpj Terrestrial environments in the project vicinity are fragmented and disturbed, consisting mainly of commercial, industrial, and residential zones along 1-5 and SR 18 corridors. Several small stands of second and third growth forest, mixed deciduous/conifer forest, as well as wetlands and maintained grassy areas occur on undeveloped lots in the project vicinity - There are several wetlands within the project area totaling 6.6 acres. They contain forest, shrub, and emergent plant communities. Wetland vegetation within the study area typically consists of: Oregon ash, red alder, black cottonwood, western red cedar, Douglas spirea, salmonberry, willow species, reed canary grass, lady fern, slough sedge, water parsley, and creeping buttercup. Wetlands in the project area generally provide moderate levels of biological, chemical, and physical functions. Many of them have hydrology inputs or outflows associated with highway -related culverts. Although many of the wetlands are compromised by urban development and other development pressures, a few wetlands provide quality habitat value. There are also 4 acres of riparian habitat along the two streams in the project area, designated 10-0016a and 10-0016 by WDFW. Both are part of the Hylebos Creek watershed and are tributaries to the East Branch of Hylebos Creek, located southeast of the SR 161 portion of the project corridor. Stream 0016a runs dry in the summer; Stream 0016 has some summer flow. Both riparian corridors are fragmented, reducing their use as wildlife corridors. 5k. Describe how the property is currently being used. r,el The Triangle Project area encompasses approximately 2 miles along 1-5 (MP 140.86 to MP 142.77) and 1 mile of SR 18, (MP 2...42B to MP 0.82) of a designated transportation corridor within the State's right of way (ROW). The project will also make improvements to 0.5 miles of SR 161 (MP 34.15 to MP 34.61) and 936 feet of South 356th Street(from SR 161 to 1-5). In this area, 1-5 is an Urban -Interstate with full limited access control. SR 18 is an Urban -Principal Arterial with full limited access control. SR 161 is an Urban -Minor Arterial with partial limited access control. South 356th Street is a dead end residential street with some businesses and vacated housing. Form #23 9 IV aT V t ?�„_l l 3 of 17 ,, ., F, ; dSt Update: 10122108 51. Describe how the adjacent properties are currently being used. JLeM Adjacent areas to 1-5 and SR 18 are zoned by the City of Federal Way as: Commercial Enterprise (CE), Corporate Park 1&2 (CP1, CP2), and Office Park 1&2 (OP1, OP2), and is covered by these types of development. To the southeast of the project area, King County zoning is R-4 (Residential 4 units per acre). Adjacent land use therefore includes commercial establishments such as Costco, office parks such as Weyerhaeuser, and residential use. m. Describe the structures (whether above or below ground) currently located on the property, including their purpose. hel Current structures located on the property in the main project area include approximately 82 acres of impermeable roadway surface, a cloverleaf design for exits and entrance at the intersection of 1-5 and SR 18, one overpass bridge (1-5 at SR 18), and two underpass bridges (1-5 and SR 161, and SR 18 and Weyerhaeuser Way). Current stormwater facilities in the project area include: two detention pond, one located at the NE corner of SR 161 and I- 5, and one at the north end of the project, on the west side of 1-5. 5n. Provide driving directions from the closest major highway to the project location, and attach a map. ■ Include other information about the property location (e.g. mileposts, river miles) hel. To main project area: From Southbound 1-5 Take exit 142B toward Puyallup/SR-161 S (.3 miles) (From Northbound 1-5 — take exit 142B for Federal Way toward SR 99) Map attached. Eat PAG Form #23 4 of 17 Last Update: 10122108 Part 6—Project Description , 6a. Provide a very brief description of the overall project. Lel, This project will rebuild the 1-5 & SR 18 interchange by replacing the westbound to southbound and eastbound to northbound cloverleaf ramps with "flyover" ramps. The project will also rebuild the westbound to northbound and eastbound to southbound ramps, and will include a southbound 1-5 collector -distributor connecting to SR 161 at S. 356th St. and S. 359th St. The project will modify the storm drainage system to provide treatment to the new paved surfaces. The project will construct two noise walls along 1-5 near SR 161. The project will mitigate for stream and wetland impacts associated with the project. The project will replace all sign bridge structures on 1-5 and SR 18 within the project limits. In addition, a new weigh -in -motion (WIM) scale will be installed on the westbound to southbound flyover ramp to supplement the existing southbound 1-5 WIM scale. This project will install ramp meters at the onramps from eastbound SR 18 to 1-5 northbound and southbound. 6b. What is your project category? ELLeM ■ Check all that apply. ❑ Commercial ❑ Residential ❑ Institutional Z Transportation ❑ Recreational ❑ Maintenance ® Environmental Enhancement & Restoration 6e. Please indicate the major elements of your project. h( eV ■ Check all that apply. Use "Other" to identify pertinent elements not listed. ❑ Aquaculture ❑ Culvert ❑ Ferry Terminal ❑ Pier 1 Dock ❑ Bank Stabilization ❑ Dam 1 Weir ❑ Fishway ❑ Piling ❑ Boat Launch ❑ Dike I Levee 1 Jetty ❑ Float ® Road ❑ Bridge ® Ditch ❑ Geotechnical Survey ❑ Scientific Measurement ❑ Bulkhead ElDredging ❑ Marina 1 Moorage ❑eVICe ❑ Buoy ❑ Mining ® Stormwater facility ® Channel Modification ❑ Outfall Structure ®Utility Line ❑Other: Overpass (Flyover ramp over 1-5) Construct stream and wetland mitigation site. 6d. Please describe how you plan to construct each project element checked in 6c. Include the specific construction methods and equipment that will be used. he!d ■ Identify where each element will occur in relation to the nearest waterbody. ■ Indicate whether each activity is within the 100-year flood plain. None of planned work is within the 100 year flood plain. 1. Flyover ramp: One flyover ramp will be constructed at westbound 18 going southbound on 1-5 (Structure ES-01 on sheet 8). The overpass does not cross any water Bodies. Stream 0016a is approximately 230' west of the new bridge. Wetland M (sheets 14 and 15) is approximately 600' east of the new bridge. This end of the bridge is adjacent to Stream 0016a; the bridge runs east— south, with Stream 0016 approximately 230' west and Stream 0016a approximately 50' to the west. Construction of the bridge and abutments will not impact these or other aquatic resources. Bridge structures will consist of precast concrete girders and steel tub box girders. Bridge foundations will be a combination of spread footings and drilled shaft footings. Construction of bridge structures and walls will require the use of drilling rigs and augers, pile drivers, jackhammers, slurry processing equipment, concrete pumping equipment, compressors, generators, and pumps. 2. Channel modification: Stream 0016a will be moved approximately 45 feet to the west, and the channel reconfigured. Work will be done in the dry and a b ss• i e will be used during construction to divert possible storm flow. Also, in the Form #23 5 of 17 EXHI, r. N Last Update: 10122108 PAGE NW sector of the project, an existing culvert in the NW cloverleaf will be removed and the restored stream channel (Stream 0016a) will be daylighted for approximately 250'. This work will be done using backhoe, front loader, dump truck, and other heavy equipment as needed. See sheets 5 and 6. 3. Culvert: the project will impact five culverts. • the culvert conveying Stream 0016a under 1-5 will be extended 85' to the west (see sheet 4), • the culvert conveying Stream 0016a under the SW cloverleaf will be extended 50' to the south (see sheet 8). • the culvert conveying Stream 0016a under SR 18 will be extended 50' to the north (see sheet 9) ■ a new, fish passable culvert will be installed under the off ramp to 356'h St. S to convey Stream 0016a; this culvert will be approximately 65' long (see sheets 5) • the culvert conveying Stream 0016 under SR 18 (see sheet 14) will be modified so that the connection point for offsite storm drainage will be 60' to the north Construction will be done in the dry using a backhoe, crane, front end loader, dump truck, and other specialized equipment as needed. 4. Ditch: there are 4 jurisdictional ditches in the project area. 2 jurisdictional ditches are being regraded. See plan sheet 13 for ditch A4. For ditch C1, see Rapanos report, figures 2 & 4. 5. Road: The proposed project includes the removal of existing roadways, grading, laying new roadway sub grade, and paving with asphalt and concrete pavements. Road building in the project area will fill portions of Stream 0016a (sheets 5 and 6) and two wetlands (M and N: sheets 14 and 15). Those portions of the stream will be relocated. The relocation is associated with the proposed channel modification. At -grade construction work for new lanes and shoulders will require demolishing or removing existing asphalt concrete surfaces, clearing and grading adjacent areas, laying base aggregate foundations, and topping with asphalt surfaces. These activities would most likely require the use of construction equipment, such as backhoes, excavators, pavement grinders, jackhammers, concrete pulverizers, front loaders, and grading and paving equipment. 6. Stormwater Facility: Two existing stormwater treatment ponds will be expanded to treat new impervious surface. One of the existing treatment ponds (Pond S) is in the SE sector between 1-5 and SR 161/Enchanted Parkway (sheet 3). This pond discharges into Stream 0016a. The other existing treatment pond (Pond R) is in the NW quadrant of the project, on the west side of 1-5 and just north of 344th. Stream 0016a runs alongside this pond (Pond R), and Wetland Q is approximately 100' north of the pond. Pond R discharges into Stream 0016a. Pond R does not discharge into Wetland Q, nor does Stream 0016a enter Pond R. A new pond (Pond C) will be constructed in the SE quadrant; this area is bordered by Stream 0016 to the east (see sheet 14). No wetlands are affected by this new pond construction. A second new pond (Pond B) will be constructed in the SW clover leaf interior. There is a very small wetland in this area (Wetland U), and Stream 0016a runs approximately 30' east of where the new pond will be constructed (sheets 8 and 9). Wetland U will not be affected by the new pond construction. The new pond will be adjacent to Wetland U. Two ecology embankments (median filter drains) are included in the project design. Both ecology embankments are located on the north side of SR 18, east of 1-5. Wetland M is located between the two ecology embankments, which are approximately 30' to the east and west of Wetland M. The eastern embankment also passes through Wetland N. The combined length of the two embankments is 1165' (western embankment = 245', eastern embankment = 920'). Plan sheets 14 and 15 show the general area where Wetlands M and N are located, though the ecology embankments are not shown on the JARPA drawings. However, the design of both ecology embankments is according to standard specification. Expansion of existing facilities and construction of new facilities will be done using a backhoe, front loader, dump truck, and other heavy equipment as needed. 7. Utility line: This project will re -locate a number of utility lines, including electrical, fiber optic, phone and water. These lines are located throughout the project area. Utilities will be relocated both before and during project construction. Utility work will occur in existing roadway and within impacts described as part of the project construction. No additional impacts to aquatic resources have been identified that have not already been accounted for in other sections. 8. Other: Construct Stream and Wetland Mitigation Site. Wetland and stream impacts will be mitigated for at the Corrington Mitigation Site, address is 933 South 364`h Street # T, Federal Way, WA 98003. The North Fork of West Hylebos flows south along the western edge of the property. There are several wetlands on the site supported by both Form #23 ! 6 of 17 EX9 lleIT Last Update: 10122/08 PAGE_..�aLOF._.LL elevated seasonal ground water levels and year round surface water flows. The site also contains a man-made pond and small perennial stream. The northern parcel is primarily maintained lawn, with some large cottonwoods and willow trees bordering the North Fork of West Hylebos Creek. Construction of the mitigation site will be done with heavy equipment such as a backhoe and front loader and dump -truck. Construction will be completed in accordance with approved mitigation report. 6e. What are the start and end dates for the construction of the project? (monthiyear) EhgM ■ If the project will be constructed in phases/stages, attach an outline of the construction sequence and the timing of activities, including the start and end dates of each phaserstage. Start date: 4/1/10 End date: 6/30/13 The Triangle Project will be constructed in phases. The major components of phase 1 are replacing the WB SR 18 to SB I- 5 clover leaf with a fly over ramp, constructing an off ramp from the new flyover to SR 161 near S. 359th St, and realigning the WB to NB ramp. Future phases will replace a second cloverleaf with a fly over ramp connecting EB SR 18 to NB 1-5 and realigning the remaining cloverleaf ramp and build a SIB 1-5 collector - distributor roadway. Future phases will be constructed when funding becomes available. 6f. Describe the purpose. of the work and why you want or need to perfordi it. [! el The purpose of the project is to improve safety and traffic circulation (which will reduce congestion) for freight and people in the vicinity of the 1-5, SR 161, and SR 18 intersection and interchange. 6g. Fair market value of the project, including materials, labor, machine rentals, etc. hel $112,000,000. 6h. Will any portion of the project receive federal funding? (help] ® Yes ❑ No ■ If yes, list each agency providing funds. FHWA 6i. Compliance with the State Environmental Policy Act (SEPA) tgjpj • Check the box(s) below that applies to the project. ■ For more information about SEPA, go to www.ecy.sva-�r+vJF r'Gyr�ar �s!sealsflpale-raview.ntinl. ® A copy of the SEPA determination or letter of exemption is included with this application. ❑ A SEPA determination is pending with (lead agency); expected decision date is ❑ I am applying for a Fish Habitat Enhancement Exemption. Please submit the Fish Habitat Enhancement Project form with this application. ❑ This project is exempt. ❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ❑ Other: ❑ SEPA is pre-empted by federal law. a n r. n T.-4#' date: 10/22/OS Form#23 'i 7of17l,i'-i :,s;i ,t - P Y Part 7—Wetiands: Impacts and Mitigation If the project will not impact wetlands or wetland buffers, please skip to Part 8. 7a. Will the project impact wetland buffers? fief ® Yes ❑ No 7b. Will the project impact wetlands? be -In} ® Yes ❑ No 7c. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. h[_eM WSDOT evaluated eleven different alternatives to meet the project purpose and need. Of these alternatives, WSDOT chose the alternative with the fewest environmental impacts. The preferred alternative limits expansion of 1-5 west into a string of wetlands along Stream 016A, minimizes the area of the 1-5 SR 18 interchange and avoids connecting SR 161 northbound directly to 1-5 northbound through Wetland AB. Of the seventeen wetlands in the project vicinity, the project will affect only two wetlands: one small (0.20 acre) wetland (N) and a small part (0.03 acre) of Wetland M. WSDOT proposes to construct a retaining wall, rather than the standard sloped fill, to minimize the extent of fill in Wetland M. WSDOT will also minimize other impacts to streams, stream buffers and wetland buffers through the construction of other walls and steepened side slopes. 7d. If you have already worked with any government agencies to reduce or avoid impacts, please list them below. Name Don Ponder David Brock Caroline Corcoran Katie Chamberlin Rebecca McAndrew Doug Dobkins Agency I Phone WDFW (360) 902-2547 WDFW (425) 775-1311 ext.114 Ecology (425) 649-7004 Ecology (425) 649-7181 U.S. Army Corps of Engineers (206) 764-6912 King County Dvpt. Services (206) 296-7087 Most Recent Date of Contact 11/05/08 presentation 11/05/08 presentation 11/05/08 presentation 11/05/08 presentation 11/05/08 presentation 11/05/08 presentation 7e. Has a wetland delineation report been prepared? I�LeM ® Yes ❑ No ■ If yes, submit the report with the application. Include copies of delineation data sheets. 7f. Have the wetlands been rated using the Washington State Wetland Rating System? hl elul ® Yes ❑ No ❑ Not applicable 7g 7h ■ If Yes, submit the wetland rating (arms, including fi ures, with the application Have you prepared a mitigation plan to compensate for the project's adverse impacts to wetlands) [h_r_>>pi N Yes ❑ No ❑ Not applicable ■ If yes, submit the plan with the application. For each project activity that will adversely impact wetlands, list the type and rating of each wetland to be impacted, the extent and duration of the impact, and the type and amount of compensatory mitigation proposed. If you are submitting a compensatory mitigation plan that includes a similar table, you may simply state (below) the page number in the mitigation plan where this information can be found. [;sFlr.l Activity causing Wetland Type and Impact Area Duration of Proposed Wetland Mitigation Impact (filling, Rating Category' (sq ft. or acres) Impact, Mitigation Type3 Area (sq ft. or draining, flooding, acres) etc.) Fill Wetland M) DOE Cat II 0.03 acre Permanent Creation 0.09 acre Fill ( Wetland N) DOE Cat III 0.20 acre Permanent Creation 0.19 acre Enhancement 0 .77 acre Fill ( Wetland M) DOE Cat II 0.02 acre 1 year Restoration 0.02 acre Ecology wetland category based on current Western Washington or Eastern Washington wetland rating system. If impacting wetlands, please include copies of wetland rating forms with application. , Indicate the time (,in months or years, as ap ropriate) the wetland will be measurabiv impacted b.y the work. Enter" e.rmanent" if aDDlicable. Form #23 8 of 17 201-11 VLiI T 0 Last Update: 10122108 tea. %a A '> rJ �1 3 Creation (C), Re-establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mitigation Bank/In-lieu fee (B) Reference to a similar chart/table in mitigation plan, if available. Please see Table 14, page 41, in the draft Wetland Mitigation Report (attached). 71. Provide a summary of what the compensatory mitigation plan is intended to accomplish, and describe how.a: watershed ap roach was used to design the Ian. hol . The mitigation plan was designed to compensate for wetland impacts by creating and enhancing wetlands and associated buffers and providing a large area of stormwater flow retrofit (34 acres) Flashy flows and associated erosion and habitat impacts have been identified as a limiting factor in the Hylebos Creek watershed. Therefore, mitigation for stream impacts focused on reducing peak flows. The Hylebos Creek watershed is characterized by mostly urban and suburban development with a couple of large pockets of natural habitat in areas zoned low density. Major transportation corridors, large commercial developments, residential complexes and housing developments limit the quality and functions provided by wetlands in the watershed. The WSDOT approach was to mitigate for unavoidable project impacts to wetlands within the transportation corridor, where wildlife functions are low, by creating and enhancing wetlands within an area containing large pockets of natural habitat where habitat functions are high. The Corrington mitigation site is located near many preserved natural areas along the North Fork of the West Hylebos. The site provides the opportunity to maximize wildlife functions because it is part of a wildlife corridor. This site is within a large wetland complex and has a fish bearing stream along the western edge of the property. 7j. For all Filling activities identified in 7h., please describe. in detail, the source and nature of the fill material, the amount that will be used, and how and where it will be placed into the wetland. Lielpj Fill material from on site will be used. The volume of fill needed to fill wetlands M and N is approximately 550 cubic yards (M= 250, N = 300). Fill material will be placed in wetlands M and N in close proximity to the roadway prism of 1-5 (M) and SR 18 (N). Fill material will be placed using a front end loader, dump truck, and other heavy equipment as needed. 7k. For all excavating activities identified in 7h_, please describe the type of material proposed to be excavated, the methods to be used, the amount of material to be removed, and where the material will be disposed. Kiel WSDOT proposes to fill rather than excavate wetlands for this project. 7 9 of 17 LEX ,M I IT r. = Last Update: 10/21108 Form #23 E Part 8. — Waterbodies (other than wetlands): Impacts and Mitigation If the project will not impact waterbodies or areas around waterbodies, please skip to Part 9. 8a. Will your project impact a waterbody or the area around a waterbody? [Lelp j ®Yes ❑ No 8b. Summarize the impact(s) to each waterbody in the following table. ales I Activity causing Waterbody Impact Duration of Amount of Area (sq ft. or Impact (clearing, name location' Impact2 material to be linear ft.) of dredging, filling, placed in OR waterbody directly pile driving, etc.) removed from affected waterbody Filling_ 0016a In stream Permanent 1000 cubic yards 495' Culvert extensions 0016a In stream Permanent Culvert 185' New culvert 0016a In stream Permanent Culvert 65' Clearing 0016a Riparian Permanent 4.31 acres buffer Temporary (187743.6 sq ft 1.48 acres Clearing 0016a Riparian buffer (12 months) 64468.8 sq ft Clearing 0016 Riparian Permanent 0.2 acres buffer 1 (8712 sq ft) Indicate whether the impact will occur in the waterbody, or provide the distance to the waterbody and indicate whether it will occur within the I00-year flood plain. z Indicate the time (in months or years, as appropriate) the waterbody will be measurably impacted by the work. Enter "permanent" if 8c. Describe how the project has been designed to avoid and minimize adverse impacts to the aquatic {i — -environment. t1eM-- WSDOT evaluated eleven different alternatives to meet the project purpose and need. Of these alternatives, WSDOT chose the design alternative with the fewest environmental impacts. The preferred alternative limits expansion of 1-5 west into Stream 0016a, minimizes the area of the 1-5 SR 18 interchange over Stream 0016a and avoids connecting SR 161 northbound directly to 1-5 northbound over Stream 0016a. WSDOT proposes to construct a retaining wall, rather than the standard side slope to avoid filling Stream 0016 at SR 18. WSDOT will construct other walls and steepened side slopes in such a way as to minimize impacts to streams and stream buffers. 8d. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non -wetland waterbodies? hel ® Yes ❑ No ❑ Not applicable M If yes, submit the plan with the application. 8e. Provide a summary of what the compensatory mitigation plan is intended to accomplish, and describe how a watershed approach was used to design the plan. If you have already completed 7i, you do not need to restate your answer here. hel The WSDOT Triangle Project mitigation plan compensates for stream impacts by reducing peak flows, bank erosion, sedimentation and by creating additional stream channel and associated buffers. The Hylebos Creek watershed is primarily urban and suburban development. The WRIA 10 Limiting Factors Analysis identified peak flows, bank -erosion, sedimentation and water quality as some of the key components limiting fish production in the Hylebos Creek sub basin. Stream 0016a, which drains SeaTac Mall and other commercial facilities, produces flashy, high peak flows because of the large amount of impervious surface in the watershed. When originally constructed these commercial facilities provided only minimal stormwater detention while creating significant new impervious surface. Stream 0016a flows into the East Hylebos. The high peak flows from Stream 0016a erode stream banks in the steep reaches of the East Hylebos. Further downstream (in the lower flat reaches), high peak flows limit sediment deposition and prevent establishment of spawning habitat. Control of peak flow is a critical first step in improving the East Hylebos, prior to habitat creation, because the peak flows will damage habitat structures and the sediment will bury habitat structures andspawning ravel if they are created prior to controlling peak flows. Therefore, a critical part of WSDOT's stream Form #23 10 of 17 ,r`+a # k' � t Update: 10122108 BA mitigation package is providing stormwater detention for the equivalent of 34 acres of impervious surface on Stream 0016a prior to its confluence with the East Hylebos. Treatment of this storm water will also improve the water quality of the East Hylebos. In addition, the proposed mitigation plan will provide 765 feet of new channel and 2.45 acres of stream buffer creation or enhancement to mitigate for 745 feet of stream channel filled and 4.64 acres of stream buffer loss. Mitigation for existing fish barriers on Stream 0016a within the project area will consist of stream enhancement activities at WSDOT's Corrington mitigation site. The Corrington mitigation site is located along the North Fork of the West Hylebos, on South 364th street in Federal Way. This mitigation approach provides quality habitat where existing anadromous fish use is known and well documented along the North Fork of the West Hylebos, rather than along Stream 0016a where the fish use is undocumented and unlikely because of the high peak flows and prolonged periods of no flow. A side channel of 430 linear feet (0.05 acre) will be constructed at the Corrington Mitigation site to provide fish rearing habitat. This new channel will connect to the existing pond (0.14 acre) at the site, and will meander to the south and west to where it will join the North Fork of the West Hylebos. The groundwater base flow entering the pond will supply a constant source of clean, cool water for the creek that will help provide high quality habitat for fish species. Habitat structures will be installed to improve fish habitat in the pond. Also, the riparian corridor will be enhanced by planting trees along the North Fork of the Hylebos. This mitigation will provide access to more usable habitat for resident and anadromous fish species than that provided through the removal of existing fish passage barriers on Stream 0016a. 8f. Please describe in detail the source and nature of the fill material, the amount that will be Used, and how and where it will be placed into the waterbody. hel l As part of the re-channelization of Tributary 0016a, WSDOT will fill approximately 495 linear feet of existing channel with clean fill material obtained from onsite (400 cubic yards of fill). 8g. For excavating or dredging. impacts, please describe the type of material proposed to be excavated or dredged, the methods to be used, the amount of material to be removed, and where the material will be disposed. h, 1 The project will create or restore approximately 765 linear feet of seasonal stream habitat on Tributary 0016a. Approximately 250 linear feet of stream will be restored from culvert removal northwest of the 1-5/SR18 interchange. The project will excavate approximately 515 linear feet of new stream channel west of the existing channel (1000 cubic yards excavation); the existing channel will be filled. Any surplus material excavated during the project that is not returned to the project site will be disposed of at an approved upland location. Part 9—Additional Information Providing answers to the questions below is optional, but will help the review of your application. 9a. What is the zoning designation for the project location? help l ■ You can get this information from the local city or county planning department. ■ Zoning designation examples include, but are not limited to, residential, rural, agricultural, and general commercial. The Triangle Project area is in WSDOT Right of Way. Adjacent City of Federal Way zoning includes: Commercial Enterprise (CE), Corporate Park 1 &2 (CP1, CP2), and Office Park 1 &2 (OP1, OP2). To the southeast of the project area, King County zoning is R-4 (Residential 4 units per acre). The Corrington mitigation site is zoned RS 35 (residential -3 1 ] Form #23 T 11 of 17 PPp f—r 10122108 F 9b. What US Geological Survey Hydrological Unit Code (HUC) is the project in? heir ■ Go to http:ircfpub.epa govisurt;io(;atelindex.cfrn to help identify the HUC. 171100140599 9c. What Water Resource Inventory Area Number (WRIA #) is the project in? he! ■ Go to w%kv). ecy.wa.goviservicesigis/mapslwriaiwria. htm to find the WRIA #. 9&10 9d. Are any of the waterbodies identified in 7h. or 8b. on the WA Dept. of Ecology 303(d) List? Lg.lPj ❑ Yes ® No ■ If yes, list the parameter(s) below. • If you don't know, use WA Dept. of Ecology's Water Quality Assessment tools at: http://www.ecy.wa.govlpfo9rafns-'wg1303d1. None. 9e. For in -water construction work, will the project comply with the State of Washington water quality standards for turbidity (WAG 173-101A)? [LLeM 0 Yes ❑ No 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? heI • If you don't know, contact the local planning department. ■ For more information, go to: www.ecy.ova.gov'prngrar,s/sea[sniWhws_rules/173-26i211_dE--sig+iations.html. ❑ Rural ❑ Urban ❑ Conservancy ❑ Natural ® Other Not within SMA jurisdiction. 9g. What is the Department of Natural Resources Water Type? (check all that apply.) hf einl + Go to httn:%/www-dnr-wa.gov/BusinessPermits/Topics/ForestPracticesApplications/Pages/fp_watertyping.aspx for the Forest Practices Water Typing System. El ®F ❑Np ❑Ns Unnamed tributary 0016 to the east branch of Hylebos Creek: Type F Unnamed tributary 0016a to the north fork of the west branch of Hylebos Creek: Type F 9h. Will this project be designed to meet the WA Dept. of Ecology's most current stormwater manual? het ® Yes ❑ No ■ If no, and it is designed to a different manual, provide the name of the WA Dept. of Ecology approved manual the project is designed to meet. 9i. If you have any historical knowledge of what the property was used for before identifying it for this project, please describe it below. hel 9j. Has a cultural resource survey been performed on the project area? [ttel> ® Yes ❑ No .� • If yes, please attach to your application. -t Form #23 - 12 of 17 Last Update: 10122108 EX,:1 z T Part 10—Authorizing Signatures 10a. Applicant Signature (required) I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work ONLY after I have received all necessary permits. I hereby authorize the agent named in Part 4 to act on my behalf in matters related to this application. (initial) By initialing here, I state that I have the authority to grant access to the property. I also consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. (initial) Applicant Dale 10b. Authorized Agent Signature I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work ONLY after all necessary permits have been issued. Authorized Agent 10c. Property Owner Signature Date I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, ifpractical, with prior notice to the landowner. Property Owner Date 18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. M i 13 of 17 P A I Update: 10/22/08 Form #23 • ; t f i '' Part 11-Submitting the Completed JARPA Form Instructions: 1. Use the checklist below to indicate which permits you are applying for. 2. Make copies of the JARPA form and send it to the appropriate agencies. Remember to include any necessary attachments: • Complete construction drawings and specifications along with any maps and photos to support your description. These must be in 8 %2 x 11 format. • A SEPA decision letter is required for a complete application to the Washington Department of Fish and Wildlife. The Department also requires two complete copies of all application documents. If your application contains more than 25 pages, also include digital files of all application documents on a CD or other digital storage media. • If applicable: • Wetland delineation report and copies of delineation data sheets. • Wetland rating forms, including figures. ■ Mitigation plan. Identify the permits you are applying for: (Check all that apply) Shoreline permits: ❑ Substantial Development ❑ Conditional Use ❑ Shoreline Exemption ❑ Variance Send to: Appropriate city or county planning, building, or community development department. Other city/county permits: ❑ Floodplain Development Permit ® Critical Areas Ordinance (City of Federal Way) Send to: Appropriate city or county planning, building, or community development department. ® Hydraulic Project Approvals Send to: Department of Fish and Wildlife ® Section 401 Water Quality Certifications Send to: Department of Ecology regional office— Federal Permit Unit ❑ Aquatic Resources Use Authorizations Send to: Department of Natural Resources regional office Department of the Army permits: ® Section 404 (discharges into waters of the US) ❑ Section 10 (work in navigable waters) Send to: US Army Corps of Engineers United States Coast Guard permits: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non -bridge projects) Send to: United States Coast Guard Main Application ends afte>; permit list (US Coast Guard is last line in permit table) i Form #23 rY 14 of 17 j , J] Lost Update: 10/22/08 Attachment 3 Attachment to Part 5 Property and Project Locations : Corrington Mitigation Site ® There are multiple properties or project locations (e.g., linear projects). For each property, please include the information below in an attachment. 5a. Street Address (Cannot be a PO Box. If there is no address, please provide other location information in 5kJ i ••e'101 933 South 364`h Street # T 5b. City, State, Zip (if the project is not in a city or town, please provide the name of the nearest city or town.) l;� Federal Way, WA 98003 5C. County heel l King 5d. Please provide the section, township, and range for the project location. lief '/A Section Section Township Range SE 29 _ T21N R4E 5e. Please provide the latitude and longitude of the project location. lei ■ Example: 47.03922 N lat. f-122.69142 W long 47' 16' 25.0716" N Latitude 122' 19' 19.038" W Longitude 5f. List the tax parcel number for the project location. het ■ The local county assessor's office can provide this information. Parcel # 2921049110 and Parcel # 2921049081. 59. Identify the type of ownership of the property. (Check all that apply.} LtLqm ❑ State Owned Aquatic Land ❑ Tribal land ❑ Private land ® Other publicly owned land (federal, state, county, city, special districts like schools, ports, etc.) 5h. Contact information for all adjoining property owners, lessees, etc. (If more space is needed, please attach a separate piece of paper.} ii 16..)] Name Mailing Address City, State, Zip William L. Gowers .36525 11th PL S (Federal Way, WA 98003 David D.Lori Bridges 36612 8`h Ave S Federal Way, WA 98003 Steve C. and Shawna W. Kane 805 S. 364th Federal Way, WA 98003 Dean C. and Teressa Brown 807 S. 3641h St Federal Way, WA 98003 City of Federal Way PO BOX 9718 Federal Way, WA 98063-9718 Philip D. Harms 36501 11`h PI S Federal Way, WA 98003 5i. Is any part of the project area within a 100-year flood plain? L,,ei al ❑Yes ®No i Form #23 15 of 17 AGfice o _ as Update: 10122108 5j. Briefly describe the vegetation and habitat.conditions on the property. hef .r, The Corrington site is in the West Hylebos sub basin, and is surrounded by large tracts of undeveloped land owned by the City, WSDOT, and other public agencies. The North Fork of West Hylebos flows south along the western edge of the property. There are several wetlands on the site supported by both elevated seasonal ground water levels and year round surface water flows. The site also contains a man-made pond and small perennial stream. The northern parcel is primarily maintained lawn, with some large cottonwoods and willow trees bordering the North Fork of West Hylebos Creek. The southern parcel is dominated by reed canary grass and Himalayan blackberry. Due to its landscape setting and relative lack of development the site provides high -quality fish and wildlife habitat functions. 5k. Describe how the property is currently being used. ftU' The mitigation site was a residence that has been demolished. At the time of its purchase by WSDOT, the Carrington site was undeveloped except for a mobile home and small garage situated in the northern portion of the site. The mobile home sat on a broad shelf of fill material that slopes gently down to a constructed pond. The garage was located in the northwest corner of the property and was accessed by a narrow driveway constructed a thin layer of gravel and fill material. In addition, a pump house was located in the east -central portion of the site. These structures were removed by WSDOT in the summer of 2008 and now there are no structures on the property. The Carrington mitigation site is zoned RS 35 (residential-35,000 sf). 51. Describe how the adjacent properties are currently being used. h The Carrington Mitigation site property is bounded to the north by a large (36-acre) undeveloped parcel, consisting primarily of forested wetlands, owned by the City of Federal Way. Properties to the east, south and west are private lots containing single family homes. Land use zoning adjacent to the Carrington mitigation site is IRS 35 (residential-35,000 so. m. Describe the structures (whether above or below ground) currently located on the property, including their purpose. In!a1uI All structures located on the former residential site have been removed or demolished (trailer, garage, and pump house). 5n. Provide driving directions from the closest major highway to the project location, and attach a map. ■ Include other information about the property location (e.g- mileposts, river miles) ftel j Form #23 16 of 17 ry j Last Update: 10122108 Directions to Corrington mitigation site (map attached): From Southbound 1-5 Take exit 142E toward Puyallup/SR-161 S (.3 miles) (From Northbound 1-5 — take exit 142B for Federal Way toward SR 99) Merge onto SR 18 W (.3 miles) Turn left at 16'h Ave S/Enchanted Pkwy S/SR 161 (A miles) Slight right at 16'n Ave S(.5 miles) Continue on 364 h Way (A miles) Turn right at 111h PI S (.1 miles) Continue on S 3640' St. (.1 miles) Destination will be on the left. Attached. Form #23 17 of 17 Last Update: 10122108 _ R Y 7 Igo • ! . it FT .- s� �w�� ,� �,�� a � ,f � rti � •y - S 1•.F. `fir �s I 5.i. r `I j.: y'S IN, 1 7T�1�•Y..1 .. `�� _ 1 i!�/'� ir•E r �� � .ff�Z;�f�Tf � IfR�ri .,-- ...- . SR 161/SR 18. writ age Improvements r. Draft Stream Mitigation Plan February 2009104 ' �I� Washington State U.S. Department of Transportation '/� Deparlmerrt of Transportation Federal F ighway Administration Draft Stream Mitigation Plan 1-5 - SR 161/SR 18 Triangle Improvements Project Submitted to Washington State Department of Transportation February 2009 Submitted by BERGER/ABAIVI Engineers Inc. 720 Olive Way, Suite 1100 Seattle, Washington 98101 Job No. FAPWT-04-064 DRAFT STREAM MITIGATION PLAN 1-5 - SR 161/SR 18 TRIANGLE IMPROVEMENTS PROJECT WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TABLE OF CONTENTS SECTION PAGE EXECUTIVESUMMARY................................................................................................................1 1.0 INTRODUCTION AND BACKGROUND..............................................................................3 2.0 PROPOSED PROJECT......................................................................................................3 2.1 Timeline...........................................................................................................................5 2.2 Purpose and Need...........................................................................................................5 3.0 EXISTING CONDITIONS...................................................................................................5 3.1 Overview..........................................................................................................................5 3.2 Streams...........................................................................................................................8 3.3 Riparian Vegetation........................................................................................................15 4.0 STREAM AND RIPARIAN AREA IMPACTS......................................................................19 4.1 Permanent Stream Impacts...........................................................................................19 4.2 Riparian Impacts............................................................................................................22 4.3 Stream Impact Summary................................................................................................24 5.0 STREAM MITIGATION ACTIVITIES..................................................................................24 5.1 Overview..........................................................................................................................24 5.2 Mitigation Approach.......................................................................................................25 5.3 Stormwater Quality and Quantity Retrofit.....................................................................25 5.4 Stream Relocation and Restoration..............................................................................30 5.5 Riparian Habitat Creation/Enhancement.....................................................................33 5.6 Off -Channel Fish Habitat Creation.................................................................................37 5.7 Riparian Area Enhancements........................................................................................39 6.0 MITIGATION OBJECTIVES AND PERFORMANCE STANDARDS......................................41 6.1 Mitigation Goals.............................................................................................................41 6.2 Mitigation Objectives.....................................................................................................41 6.3 Performance Measures and Success Standards..........................................................42 7.0 REFERENCES..................................................................................................................43 LIST OF TABLES Table 1. Streams in the Project Area.........................................................................................10 Table 2. Permanent Stream Channel Impacts...........................................................................19 Table 3. Permanent and Temporary Riparian Buffer Area Impacts (acres) .............................22 Table4. Impact and Mitigation Summary ..................................................................................25 Table 5. Stormwater Treatment Summary .................................................................................29 Table 6. Comparison of Annual Pollutant Loads (Pounds per Year).........................................29 Table 7. Riparian Enhancement and Restoration Plant List....................................................35 Draft Stream Mitigation Plan 1-5 - SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation BERGER/ABAM, FAPWT-04-064 February 2009 Page i LIST OF FIGURES Figure 1 - Project Area Vicinity Map.........................................................................................4 Figure 2 - Overview of In -Water Work.......................................................................................6 Figure 3 - Project Area Drainage Subbasins............................................................................7 Figure 4 — Observed Flow Data for Tributary 0O16A................................................................13 Figure 5 — Existing Riparian Habitat Areas...............................................................................18 Figure 6 — Stream Impacts.........................................................................................................20 Figure 7 — Riparian Area Impacts..............................................................................................23 Figure 8— Stormwater Drainage Basin Map..............................................................................27 Figure 9 — Detention Pond Effect on Peak Flows.....................................................................31 Figure 10 — Channel Realignment and Riparian Area Enhancement......................................32 Figure 11— Corrington Mitigation Site Conceptual Stream Mitigation Plan ..........................40 LIST OF PHOTOS Photo 1 Tributary OO16A in back of Costco. Culvert outlet from the southwest cloverleaf ramp of SR 18. The wading staff to the left of the culvert is 6 feet tall. Photo 2 Typical riffle in Tributary 0O16A. Photo 3 Tributary 0O16A just downstream of the 1-5 culvert. Water flows slowly through the reed canarygrass. Photo 4 Inlet of Tributary 0O16A culvert under 1-5. Photo 5 Tributary OO16A north of the SR 18/1-5 interchange Photo 6 Looking at the Weyerhaeuser Corporate Headquarters building from the culvert outlet of Tributary 0016. This culvert extends all the way across this field and under the building to Weyerhaeuser Pond. Photo 7 Mud -filled pool at outlet of Tributary 0016 culvert under SR 18. The pool is backwatered by an 18-inch-high rock weir about 50 feet downstream. The rock dam is outside of the SR 18 right-of-way. Photo 8 Typical mud -bottom glide habitat on Tributary 0016 downstream of SR 18. Note house on right. Photo 9 Tributary OO16A south of the SR 18/1-5 Interchange. Note log weir and streambank stabilization with rock. Photo 10 Dry channel of Tributary 0O16A in October 2005. Location of picture is west side of I- 5 south of the SR 18/1-5 interchange near the location of the proposed southbound offramps to SR 161 at South 356th Street. Photo 11 Dry channel of Tributary OO16A in October 2005. Photo taken where the existing stream channel will be filled and relocated to the west (left). Channel overgrown with reed canarygrass. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page ii EXECUTIVE SUMMARY Through the Interstate 5 (I-5) — State Route (SR) 161/SR 18 Interchange Improvements Project (Triangle project), the Washington State Department of Transportation (WSDOT) proposes to replace two existing cloverleaf loop ramps with direct access flyovers and add new roadway lanes in high traffic areas. The proposed work will result in unavoidable impacts to a tributary to East Branch Hylebos Creek (Tributary 0016A) and to riparian areas associated with Tributary 0016A and East Branch Hylebos Creek (Tributary 0016). Direct impacts to Tributary 0016A will result from extending three existing culverts, placing a new culvert, and rerouting and abandoning a section of the existing stream channel to accommodate a new offramp from I-5 to SR 161 at South 356th Street. About 745 lineal feet of Tributary 0016A will be affected by these in -water construction activities. The project will not affect the stream channel of Tributary 0016 directly. Widening 1-5 with a new collector -distributor lane, new offramps, and new structures will encroach into riparian areas associated principally with Tributary 0016A. This widening will permanently affect an estimated 4.44 acres of Tributary 0016A riparian areas. An estimated 1.28 acres of riparian areas associated with Tributary 0016A will be temporarily disturbed and restored during construction. Construction of a stormwater pond south of SR 18 will encroach into Tributary 0016 riparian areas, permanently affecting 0.20 acre. A small amount of temporary disturbance to riparian areas associated with Tributary 0016 will result from constructing a retaining wall adjacent to the upstream end of the SR 18 culvert. The retaining wall is being constructed instead of a slope embankment in order to reduce stream and wetland impacts. This area will be restored during construction. The project will mitigate the stream and riparian area impacts by improving the quality and detention of runoff from existing impervious surfaces, removing existing culverts, and creating and restoring stream and riparian habitat within the project limits. The project will build detention and water quality treatment facilities for the 14.7. acres of new impervious surfaces it will create. In addition, it will provide water quality treatment and stormwater control facilities for 34.1 acres of existing 1-5 and SR 18 impervious surfaces. This added detention will help address the flashy flows characteristic of Tributary 0016A and provide a more regulated downstream discharge. The moderated flows and increased water quality treatment provided by the project's drainage facilities will reduce suspended solids and channel erosion and improve water quality in downstream reaches of Tributary 0016 where higher quality aquatic habitat exists. To mitigate filling and abandoning approximately 495 feet of the existing channel of Tributary 0016A to accommodate widening, the project will realign the channel, creating approximately 515 feet of seasonal stream channel habitat and associated riparian area. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 1 Mitigation for existing fish barriers on Tributary 0016A within the project area will consist of enhancement activities at WSDOT's Corrington mitigation site in the West Branch of Hylebos Creek subbasin, on South 364th Street. A 430-linear-foot side channel (0.05 acre) will be constructed at the site to provide off -channel rearing habitat. This new channel will connect to the existing pond (0.14 acre) at the site, and will meander to the south and west, where it will drain into Tributary 0015. The groundwater baseflow entering the pond will supply a constant source of clean, cool water for the creek that will help provide high quality habitat for fish species. This mitigation will provide more valuable habitat for resident and anadromous fish species than that provided through the removal of existing fish passage barriers on Tributary 0016A. In addition, the project will remove the loop ramp and two existing culverts in the northwest loop of the SR 18/I-5 interchange. This will allow the daylighting and restoration of approximately 250 feet of Tributary 0016A channel and its associated riparian area. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 2 1.0 INTRODUCTION AND BACKGROUND The Washington State Department of Transportation (WSDOT) proposes to complete a series of road improvement projects in Federal Way, Washington, through a project known as the I-5 — SR 161/SR 18 Interchange Improvements Project, also known as the Triangle project (Figure 1). The project will replace two existing cloverleaf loop ramps with direct access flyovers and add new roadway lanes in high traffic areas. The proposed work will result in unavoidable impacts, principally to Hylebos Creek Tributary 0016A and associated riparian areas. The proposed impacts are regulated by the US Army Corps of Engineers, the Washington State Department of Ecology, Washington State Department of Fish and Wildlife (WDFW), and the City of Federal Way (City). Prior approval from these agencies will be necessary before clearing and grading activities that would impact these streams and their riparian areas can commence. WSDOT proposes to use several methods to complete stream and riparian area mitigation for these planned impacts. This conceptual mitigation plan summarizes information about the proposed project and its projected impacts, and provides a conceptual -level outline of the proposed mitigation measures. 2.0 PROPOSED PROJECT The Triangle project will result in the construction of road modifications that will increase driver safety, reduce existing and projected traffic congestion, and increase freight and vehicle mobility. During the design process, a number of different build alternatives were developed and analyzed in a two-phase WSDOT screening process. The project team selected the current build alternative for its top scores in minimizing environmental impacts, as well as in four of the six categories reviewed. The principal features of the project are ■ Constructing a collector -distributor (CD) road between southbound I-5/westbound SR 18 to SR 161 via the construction of new ramps at South 356th and South 359th streets. ■ Constructing a new two-lane flyover to replace the existing single -lane northwest loop ramp for westbound SR 18 to southbound 1-5 traffic. ■ Replacing the existing southeast loop ramp with a new flyover ramp to allow direct access for eastbound SR 18/South 348th Street to northbound 1-5 traffic. a Reconfiguring the South 348th Street/SR 161 intersection to reduce left -turn movements and decrease congestion. ■ Constructing auxiliary lanes along 1-5 between the area south of the South 336th Street bridge and the exit/entrance to the weigh station/rest area. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 1-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 3 Q � Kitsap W�LS�p Federal h Way . d Pierce King T.- 5.356th St 36, Corrington T 1. Site 1 } t 5.373rd St. C I be th Lake a 336th St l?/ s erhoeuset<� Pond ` �w '1,D18 i rn iv 3 1 Lake 0 Y l 5 P� i> I,LY i� Figure 1 Project Area Vicinity Map Draft Stream Mitigation Plan Legend 1-5/SR 161/SR18Triangle Improvements Project Limits e 0 1000 2000 FeetD raft Mitigation Site i r 1 l 4 Figure 2 provides a large-scale overview of the improvements proposed. In addition to these activities, the project includes the construction of stormwater treatment infrastructure and retaining walls and the replacement and extension of culverts as necessary. 2.1 Timeline Construction will occur in two phases, with the first phase beginning during spring 2010 and finishing at the end of 2013. The first phase of construction would address the weaving pattern of the northbound I-5/westbound SR 18 loop ramp and reduce congestion and improve safety at the South 348th Street/SR 161 intersection by providing a direct access ramp between I-5 and SR 18 to SR 161. The second phase of the project would complete all the remaining improvements of the build alternative. 2.2 Purpose and Need The purpose of the proposed project is to address safety concerns, reduce traffic congestion, and increase vehicle and freight mobility. Increased traffic volumes, combined with explosive land use, resulting in part from statewide land use regulations and zoning requirements, have caused increasing congestion and safety problems within the project area. Current traffic counts exceed capacity on SR 161 and are expected to continue to rise as south King County and north Pierce County grow. These facts, combined with the safety problems stemming from loop ramps that do not meet current design guidelines, have resulted in congestion and higher accident numbers. 3.0 EXISTING CONDITIONS 3.1 Overview The Triangle project area is located within the City of Federal Way and is bounded roughly to the north by South 336th Street, to the east by Weyerhaeuser Way, to the south by SR 161, and to the west by Enchanted Parkway South. The entire project area is located within the West Branch and East Branch subbasins of Hylebos Creek (Figure 3). Land uses within the surrounding area consist of (1) high -intensity commercial and residential development that is primarily concentrated in the western portion of the project area, and (2) relatively undeveloped urban open space in the eastern half of the project area (Figure 3). Conditions in the general vicinity of the project are typical for highly developed areas with large amounts of paved surfaces, high levels of traffic, fragmented natural resource systems, and extensive stormwater management. The discussion that follows focuses on the area that extends 200 feet from the edges of the existing pavement of the affected corridors. Project staff chose this distance to determine the extent of the project area. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 5 Federal Way 99 Remove loop Daylight 256 feet - Remover existing culvert Culvert Extension (50 feet) R Weyerhaeuser Pond i f + 1 o 0 Culvert Extension (50 feet) t Fill existing channel (495 feet) ) i 0016A Realignment open channel 1-5 cross -culvert (485,fced ' extension (65 feet) 1jyl i � r New Cvl�ei't (65 feel 0016ARealign ent open channel (30 feet) 77- North Lake 1 u my Lake KI'Ilamey I. /;" Figure 2 Legend Overview of In -Water Work Project Limits © Daylight Stream . Draft Stream Mitigation Plan 1-5/SR 161/SR16Triangle Improvements --------- Channel Realignment 0 500 1,000 Feet New Culvert/Culvert Extension I I I I J LEGEND: East Branch Hylebos Creek Subbasin Figure 3 West Branch Hylebos Creek Subbasin Project Area Drainage Subbasins Corringtion Mitigation Site Draft Stream Mitigation Plan i Project Area 1-5/SR 161/SR18Triangle Improvements Streams 0 0.25 0.5 Miles ® City Limits 3.2 Streams 3.2.1 Hylebos Creek Basin The Triangle project area is situated in the upper reaches of the Hylebos Creek basin, which is part of the Puyallup/White Water Resources Inventory Area (WRIA) 10. The 18 square miles of the basin are drained by more than 25 miles of streams in three major subbasins: West Branch (Tributary 0015), East Branch (Tributary 0016), and Lower Hylebos Creek (King County 1991; BERGER/ABAM 2006). Most of the Triangle project lies within the East Branch Hylebos Creek subbasin (Figure 2). Some project improvements west of I-5 lie within the West Branch Hylebos Creek subbasin. The Lower Hylebos Creek subbasin, which contains no project improvements, is south of the project area and includes the confluence of the Tributary 0016 and Tributary 0015 and other minor tributaries that eventually discharge to Commencement Bay through the Hylebos Waterway. Hylebos Creek was once a productive lowland stream that supported large runs of coho, chum, and Chinook salmon as well as steelhead and cutthroat trout (King County 1991). Significant land use changes have caused severe degradation to the surface waters of the basin. King County's 1991 basin plan identified threatened aquatic systems in the basin, including the Tributary 0016 ravine reach, which is the best area of existing fish habitat in the East Branch subbasin. The ravine reach of Tributary 0016 is located between the King/Pierce county line and Tributary 0015, which merges with Tributary 0016 about 0.7 mile south of SR 161 and the project area. This reach is located in a less developed, forested area in and just north of the City of Milton. A well -developed tree canopy shades the stream and serves as a source of recruitment for in -channel large woody debris. Gradients in the ravine reach of Tributary 0016 are steeper than the low gradients associated with tributaries 0016 and 0016A north of SR 161 and the stream is subject to erosion due to the presence of easily eroded sand and gravel of the Vashon advance outwash soils (King County 1991). In the early 1990s, observers recognized that the increased flows, sediment loads, and water quality degradation resulting from development were increasing erosion and sedimentation and degrading water quality that reduced the quality of fish habitat (King County 1991). Because of numerous fish passage barriers and the poor habitat that has resulted from intermittent flows, salmonid use of tributaries 0016 and 0016A in the project area is limited to resident cutthroat trout in Tributary 0016 (BERGER/ABAM 2007). Barriers at SR 161 and at culverts just north of the road crossing prevent salmonid species from using tributaries 0016 and 0016A within the project area. Tributary 0015 supports Chinook, coho, and chum salmon, as well as steelhead and cutthroat trout. Surface water from a small portion of the project area west of I-5 (proposed South 356th Street offramp) will drain into the West Branch subbasin (Figure Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 —SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 8 3). Mitigation for project activities would take place at the Corrington mitigation site, also located in the West Branch subbasin. 3.2.2 East Branch Hylebos Creek Subbasin Tributaries 0016 and 0016A, both tributaries of the East Branch Hylebos Creek, are located within the area of effect of the Triangle project (Figure 3). Both tributaries are located within the East Branch Hylebos Creek subbasin. Several area and project documents address the characteristics of these streams. ■ Executive Proposed Hylebos Creek and Lower Puget Sound Basin Plan (King County 1991) ■ SR 161 Hylebos Creek Stream Survey, OL 2713 (WSDOT 1997) I-5 — SR 161/SR 18 Triangle Improvements Water Resources Discipline Report (BERGER/ABAM 2006) ■ I-5 — SR 161/SR 18 Triangle Improvements Fish, Vegetation, Wildlife, and Habitat Discipline Report (BERGER/ABAM 2007) ■ I-5 — SR 161/SR 18 Interchange Improvements Phase 1 Hydraulics Report (BERGER/ABAM 2008a) ■ I-5 — SR 161/SR 18 Interchange Improvements Fish Evaluation Passage Report (BERGER/ABAM 2008b) Table 1 below presents information about the streams and notes the regulated stream setback width in the project area. The stream setback is set by the City to protect the stream and its functions from adjacent development (City of Federal Way Zoning Code 22-1306). Tributaries 0016A and 0016 are considered by the City to be "major streams" under the zoning code with a 100-foot setback from the ordinary high water mark (OHWM) on each side of the stream. The regulated stream setback is sometimes referred to as a stream buffer or riparian area or zone. For convenience, this document refers to the 100-foot area on each side of the stream as the riparian area and riparian habitat. 3.2.3 Tributary 0016A The following stream description of Tributary 0016A comes principally from the I-5 — SR 161/SR 18 Triangle Improvements Fish, Vegetation, Wildlife, and Habitat Discipline Report (discipline report) (BERGER/ABAM 2007). Tributary 0016A originates in the vicinity of The Commons at Federal Way and flows directly south, roughly paralleling I-5 (Figure 3). South of South 336th Street, the channel runs parallel and adjacent to I-5, sometimes within 10 feet of the toe of the road embankment. Although most of this reach is confined to a narrow riparian corridor, shading is fairly good because of the dense tree growth. However, between South 341st and South 336th streets, there is a wide riparian zone. Nearly all of this reach was channelized during the construction of I-5. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 9 Table 1. Streams in the Pr( J Salmonid- Intermittent, Stream Stream Type Bearing In Perennial, Project Area Seasonal Tributary King County 0016 Class 2 with salmonids Yes. Perennial Resident Cutthroat trout present No anadromous salmonids due to barriers ct Area Fish Section Passage 303(d) list Barriers Several barriers downstream and in project area Downstream Hylebos Creek listed forfecal coliform Riparian Area/ ' Regulated Width of Stream . Setback(2) 100-foot setback Tributary King County No (1) Intermittent, Several Downstream 100-foot setback 0016A Class 2 with seasonal barriers Hylebos salmonids(l) downstream Creek listed and in for fecal project area coliform (1) King County designates Tributary 0016A as a Class 2 stream with salmonids; however, salmonid presence is highly unlikely due to flashy hydrology and stream surveys have not documented their presence (WSDOT 1997). (2) City of Federal Way Zoning Code 22-1306 The riparian trees are now over 40 years old and encroach into the channel, creating pools during high flows where roots catch debris and form scour pools. The underlying layer (substrate) of the stream is composed primarily of fairly clean, small- to medium - size gravel. The reach has few food sources for resident fish, as the discipline team conducting the field investigation found no aquatic insects. Just north of the SR 18 interchange, the stream runs through a long culvert and around the edge of a new stormwater detention/treatment facility. During a site visit in June 2005, the discipline team observed that the culvert entrance was partially plugged with branches and leaves, which may be evidence that plugging often happens at this location. Upstream of this point, there is a reach, perhaps 50 yards long, where the stream bottom and banks are inundated with thick deposits of mud, with ponded areas at least 3 to 4 feet deep. Shading in this reach is good despite the narrowness of the riparian zone. Habitat in this reach is poor because of the heavy sediment deposition. The culvert on the downstream side of the southwest SR 18 interchange is perched (elevated), and is thus impassable by fish. The channel in the stream reach behind Costco and Home Depot, south of the SR 18 interchange, is elevated about 8 to 10 feet above the parking lots and buildings. The channel is confined between the buildings and I-5 in a narrow channelized corridor. Shading in this reach is good despite the narrowness of the riparian zone. The stream substrate is predominantly clean gravel with low amounts of siltation. There are a few quality pools formed by the root masses of trees on the streambank. Photos 1 through 3 show the typical condition of the stream in this area. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 1-5 - SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 10 Photo 1- Tributary 0016A in back of Costco. Culvert Photo 2 - Typical riffle in Tributary 0016A. outlet from the southwest cloverleaf ramp of SR 18. The wading staff to the left of the culvert is 6 feet tall. Photo 3 - Tributary 0016A just downstream of the 1-5 culvert. Water flows slowly through the reed canarygrass. Photo 4 - Inlet of Tributary 0016A culvert under 1-5. Near South 356th Street, the stream channel becomes exposed and is choked with reed canarygrass (Phalaris arundinacea), the dominant riparian plant in this area. At this point, Tributary 0016A crosses under I-5 (see Photo 4). On the east side of 1-5, the channel widens and is lined and choked with thick reed canarygrass here as well. The center of the channel is about 4.5 feet wide and contains pea gravel and small gravel that is fairly clean, at least on the surface. The discipline team could not observe the substrate condition, but it is undoubtedly silty; this condition exists from the 1-5 crossing down to the stormwater pond access road off South 360th Street. The access road culvert and the South 360th Street culverts are impassable because of slope and water velocity characteristics. Both culverts were dry when visited. Because of the number and the condition of the culverts, as well as the poor habitat conditions, it is doubtful that fish could use this section of the tributary for spawning and rearing. Fish that are stranded here would not survive the seasonally dry Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 11 conditions within the reach, except perhaps in deep pools (two pools were observed in March 2006). Tributary 0016A drains a major portion of the runoff from the project area. A series of ditches and culverts collects runoff from both the east and west sides of I-5 and conveys it to Tributary 0016A. The lack of a perennial headwater source (such as a wetland or a lake) combined with the high proportion of impervious surface in the immediate subbasin result in rapid, high peak stream flows occurring with precipitation events. This situation results in highly flashy flow conditions in response to rain events (WSDOT 1997; BERGER/ABAM 2006, 2008a, 2008b). Stream gage data (Figure 4) show periods of zero flow from May to September and little to no base flow during the winter months (BERGER/ABAM 2008b). Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 12 z 3.00 g rn 2.50 a = 2.00 a z 1.50 v Z 1.00 — 0.50 kal h 411L.,Il I JiLlIU1.1" I A ILI a 0.00 _J1 'I. I I M A N F M A N F M A N F M A N F M 1995 1995 1995 1996 1996 1996 1996 1997 1997 1997 1997 1998 1998 1998 1998 1999 1999 OBSERVED DAILY PRECIPITATION: LAKE DOLLOFF PRECIPITATION GAGE 40.0 ------OBSERVED 35.0 11 30.0 i m c 1 c 25.0 i 1 1 z W � 1 Yl W 20.0 1 1 a a is _ � 15.0 ' v , 1 rn LL 10-0 f 1 5.0 ail, , 0.0 M A N F M A N F M A N F M A N F M 1995 1995 1995 1996 1996 1996 1996 1997 1997 1997 1997 1998 1998 1998 1998 1999 1999 OBSERVED AVERAGE DAILY DISCHARGES: EAST FORK HYLEBOS TRIBUTARY 0016A KING COUNTY STREAM GAGE 24E SOURCE: King County Hydrologic Information Center(2007) Figure 4 Observed Flow Data for Tributary 0016A 1-5/SR 161/SR18Triangle Improvements Draft Stream Mitigation Project Pathway Tributary 0016A has limited capability to support fish and other aquatic life because of the stream's intermittent and flashy flow (WSDOT 1997). These characteristics could result in fish stranding and high stream temperatures during low or zero flows and in channel scouring, increased turbidity, and lack of spawning substrate during high flows. Several culverts in the project area prevent the upstream passage of salmonids into the project area. These fish passage barriers include several additional culverts just north of SR 161 (south of the previously referenced South 360th Street culverts), the I-5 cross - culvert, and culverts associated with the 1-5/SR 18 interchange. Analysis of velocity and depth guidelines for fish passage indicates that the 1-5 culvert is a velocity barrier for adult salmon migration and a depth barrier for downstream salmon migration (BERGER/ABAM 2008b). Stream survey results reported in the 1-5 — SR 161/SR 18 Triangle Improvements Project Fish, Vegetation, Wildlife, and Habitat Discipline Report (BERGER/ABAM 2007) indicate that the average width of the channel of Tributary 0016A ranges from 5 to 15 feet and its depth averages 0.5 to 1.25 feet (see Photo 5). An electrofishing study by King County staff in 1996 and 1997 identified no salmonids in Tributary 0016A. The study report noted that even insect life was "limited" (WSDOT 1997). Project -related stream surveys also noted the absence of aquatic insects (BERGER/ABAM 2007). Photo S. Tributary 0016A north of the SR 18/1-5 Interchange. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 1-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 14 3.2.4 Tributary 0016 The following stream description comes principally from the I-5 — SR 161/SR 18 Triangle Improvements Project Fish, Vegetation, Wildlife, and Habitat Discipline Report (BERGER/ABAM 2007). Tributary 0016 starts at North Lake and flows into Weyerhaeuser Pond. From there, the stream passes under the Weyerhaeuser Corporate Headquarters building and a grass field in a culvert about 0.5 miles long (see Photo 6). Downstream of the culvert outlet is a short reach of channel that flows through a thick riparian corridor down to the culvert under SR 18. The SR 18 crossing consists of two culverts (see Photo 7). Analysis of velocity and depth guidelines for fish passage indicates that the SR 18 culverts are velocity barriers for adult migration and depth barriers for downstream migration (BERGER/ABAM 2008b). These culverts will not be modified or extended by the project. Below SR 18, the channel is fairly low gradient and dominated by silt. The stream condition within this reach is dominated by shallow pools or slow water conditions (see Photo 8). The riparian area is generally wide, except where houses have encroached down to the stream channel and shading is generally good. A local resident reported seeing a dead 5-inch trout within this reach (BERGER/ABAM 2007). Farther downstream at the South 354th Street crossing, the stream channel is covered by a narrow strip of dense riparian growth. This stream reach resembles the riparian corridor in the previous reach. The culvert under SR 161, which is outside the project area, is perched and impassable. Tributary 0016 has a history of coho salmon use and current use by cutthroat trout (WSDOT 1997; WSDOT 2007). An electrofishing study by King County staff in 1996 and 1997 identified no salmon in Tributary 0016 (WSDOT 1997). 3.3 Riparian Vegetation While the surrounding area has been subject to extensive high -intensity commercial and residential development, the uplands immediately adjacent to most of the project alignments exist as maintained highway right-of-way. (ROW), urban forestland, and open space. These uplands have been subject to varying amounts of manipulation in the form of historic logging and agricultural practices, disturbance from past road construction activities, and ongoing road ROW maintenance. Except in a few locations, the first 50 feet of area adjacent to the existing roadway and gravel shoulders generally exists as a regularly mowed and maintained lawn area. Outside the immediate ROW, vegetation within the project area varies greatly and ranges from heavily impacted areas dominated by monotypic stands of Himalayan blackberry (Rubus armeniacus) or reed canarygrass to relatively undisturbed upland forestland with an overstory of Douglas fir (Pseudotsuga menziesii), big -leaf maple (Acer macrophyllum), and red alder (Alnus rubra). Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 15 L Photo 6. Looking at the Weyerhaeuser Corporate Photo 7. Mud -filled pool at outlet of Tributary 0016 Headquarters building from the culvert outlet of Tributary culvert under SR 18. The pool is backwatered by an 18- 0016. This culvert extends all the way across this field inch -high rock weir about 50 feet downstream. The rock and under the building to Weyerhaeuser Pond. dam is outside of the SR 18 right-of-way. Photo S. Typical mud -bottom glide habitat on Tributary 0016 downstream of SR 18. Note house on right. I-5 — SR 161/SR 18 Triangle Improvements Project Fish, Vegetation, Wildlife, and Habitat Discipline Report (BERGER/ABAM 2007) characterizes the plant communities in the project area and ROW. Six communities were identified and mapped in the study area. ■ Wetland �t Riparian ■ Meadows/grassland ■ Developed/cleared land ■ Mixed deciduous/conifer ■ Maintained ROW Vegetation communities along tributaries 0016A and 0016 are a patchwork of mixed deciduous/conifer, developed/cleared land, riparian, wetland, and maintained ROW. The descriptions of the tributaries in the previous section provide relevant observations Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 1-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 16 about the riparian areas. Some stream reaches include a well -developed riparian area that shades the stream and supports wildlife. Although the stream was channelized about 40 years ago with the construction of I-5, the riparian trees have encroached into the channel and created scour pools at some locations. Photo 9 shows a section of Tributary 0016A through the channelized section south of the SR 18/I-5 interchange. Other areas have been cleared and are dominated by reed canarygrass with limited habitat value. Photo 9. Tributary 0016A south of the SR 18/1-5 interchange. Note log weir and streambank stabilization with rock. Riparian areas are interrupted, particularly through the cloverleaf SR 18 interchange, at crossings of SR 18 and I-5, and where the stream is located in culverts. Figure 5 shows these breaks in the riparian areas along the tributaries. Before Tributary 0016A enters the culvert that passes under I-5, there are fewer trees and reed canarygrass dominates the riparian area and stream channel. On the east side of I- 5, downstream of the I-5 culvert, maintained ROW and mixed deciduous/conifer communities dominate the riparian vegetation south to SR 161. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 17 4.0 STREAM AND RIPARIAN AREA IMPACTS 4.1 Permanent Stream Impacts Extending culverts and placing fill within the stream channel as part of the project will result in permanent impacts to Tributary 0016A. Figure 6 shows the locations of these permanent stream impacts to Tributary 0016A and notes the project features associated with them. Table 2 presents estimates of permanent project construction impacts on Tributary 0016A by activity and construction phase. Table 2. Permanent Stream Channel Impacts Construction Activity Phase 1 Phase 2 Total Lineal Feet Lineal Feet Lineal Feet Culvert extensions 85 100 185 Channel abandoned and filled 495 495 New culvert 65 65 745 The project will have no permanent impacts on the stream channel of Tributary 0016. 4.1.1 Culverts Culvert extensions will occur in association with the following project features (Figure 2). ■ New southbound offramp from I-5 to South 348th Street. The culvert that carries Tributary 0016A under South 348th Street will be extended to the north by 50 feet. ■ New southbound onramp to I-5 from South 348th Street. The culvert that carries Tributary 0016A under the existing onramp will be extended to the south by 50 feet. ■ I-5 cross culvert. The culvert carrying Tributary 0016A from the west side of 1-5 to the east side will be extended to the west by 85 feet. ■ A new culvert (65 If) carrying Tributary 0016A will be required at the location of the proposed South 356th Street offramp. The project does not propose to retrofit the culverts conveying Tributary 0016A because the upper reaches of Tributary 0016A lack sufficient water levels, are subject to flashy stream flows, and lack suitable fish habitat. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 19 Federal Way bVeyerhaeuser ---, Pond, l lo � Culvert Extension (50 feet) Culvert Extension (50 feet) Fill existing channel (495 feet) i New Cul4q (65 feet) '. I { i it I I � f 1-5 cross -culvert extension I �l ti. t� f Lake Killarney ) I ngure 6 Stream Impacts Draft Stream Mitigation Plan Legend 1-5lSR 161/SR18 Triangle Improvements Project Limits 0 500 1,000 Feet New Culvert/Culvert Extension G I I 1 6 1 4.1.2 Tributary 0016A Channel Fill Widening for the CD road between southbound I-5/westbound SR 18 and SR 161 and new ramps to SR 161 at South 356th Street and South 359th Street will require extensive amounts of grading and roadbed preparation. The existing road alignments and the location of the Tributary 0016A channel mean that making the proposed transportation improvements will result in permanent impacts to Tributary 0016A. The necessary grading activities will result in the abandonment and filling of approximately 495 feet of Tributary 0016A. 4.1.3 Stream Function Impacts Extending culverts that carry Tributary 0016A under existing roadways will eliminate 250 feet of open stream channel at the locations shown in Figure 6.. The stream channel provides low habitat functions as result of extended periods of low or non-existent flows (see Photo 10). Other factors that contribute to its poor quality include precipitation- driven flashy peak flows and related channel scour, periods of high turbidity, sedimentation, and the lack of spawning substrate. Photo 10. Dry channel of Tributary 0016A in October 2005. Location of picture is west side of 1-5 south of the SR 18/1-5 Interchange near the location of the proposed southbound offramps to SR 161 at South 356th Street. Channel fill and abandonment will require a relocated/realigned channel to maintain the stream's hydraulic and habitat functions. The proposed new channel construction can Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 21 be done "off line" to avoid water quality impacts to downstream waters. The proposed new channel and associated riparian area alignment will be completed at the same time as the abandonment of the existing channel alignment. Temporary stream function impacts are anticipated because of the organic input will be reduced and macroinvertebrates will be lacking while vegetation becomes established along the new stream corridor. 4.2 Riparian Impacts The project activities will result in permanent and temporary impacts to the riparian vegetation associated with tributaries 0016A and 0016 (Figure 7). These impacts will result in a permanent loss of vegetation within riparian areas where new facilities are built. Temporary impacts will result from the need to clear vegetation to allow construction access. The construction of a stormwater pond will result in permanent riparian area impacts to Tributary 0016, on the south side of SR 18. Temporary impacts to the riparian area of Tributary 0016 may be required to construct a retaining wall on the north side of the SR 18 stream crossing. This riparian area is also regulated as buffer for Wetland M. Mitigation for these temporary impacts is addressed in the wetland mitigation plan (BERGER/ABAM 2008c). Table 3 presents estimates of permanent and temporary impacts to riparian areas resulting from the permanent placement of project facilities and temporary construction activities. The estimate for temporary riparian area impacts includes expected staging areas and a 15-foot offset from the base of permanent improvements. Following construction, these temporary impact areas will be replanted and restored. Permanent riparian area impacts from project facilities, such as walls, foundations, and road embankments, are also included in the table. The impact acreages include buffer areas that are also regulatory wetland buffers due to the presence of wetlands within the ripanan areas. T�hln Z Dormnnant tanrl Tmmnnrnm Rinarlan Ruffar Area lmnarts fncresl Impacts to Phase I Phase 11 Total Amount of Riparian Buffer Areas Riparian Buffer Areas Riparian Buffer Areas Impact T Permanent Tributary 0016A 162 2.82 4.441 Impacts 1.283 Temporary Tributary 0016A 0.422 0.86 Impacts Permanent Tributary 0016 0.20 0.20 Impacts 1 Includes 0.43 acre of impact to shared wetland buffers z An additional .21 acres of temporary impacts will occur in phase I but will become permanent in Phase II. They are only accounted for as permanent impacts. 3 Includes 0.26 acre of impact to shared wetland buffers Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 - SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 22 i Zi Fedet-aI Way Weyerhaeuser Pond I 0016A Riparian Area 4g Encroachment (0.37 acre) 0016A Riparian Area Encroachment (0.9 acre) 0016A Riparian Area Encroachment (2.47 acre) f \ 0016 Riparian Area / Encroachment (0.20 acre) u nty 001 Enc (W i f 0016A Riparian Area 5 I Encroachment l { (O-W acrel 1 i � r Lake Killarney Legend Figure 7 b Project Limits FOparlall!%m Impacts 0 100 ti Riparian Area Draft Stream Mitigation Plan -- - — - —• Stream 1-5/SR 161/SR18Triangle Improvements Riparian Lvicroachment Areas 0 500 1,000 feet I I I I Temporary impacts will involve vegetation clearing to allow access by construction equipment and will introduce noise and other disturbances to these stream riparian areas. These impacts will disrupt small mammal and bird usage temporarily until vegetation becomes re-established along the edge of the remnant community. Because all construction activities can be accomplished when stream flow is very low or can be bypassed easily from active work areas, they likely will have little impact on water quality in Tributary 0016A or downstream branches of Hylebos Creek. Construction activities within riparian areas would increase the potential for the spread of nonnative invasive and noxious plant species (BERGER/ABAM 2007). However, WSDOT will plan and implement appropriate revegetation measures to minimize this potential. 4.3 Stream Impact Summary The Triangle project will not affect the stream channel of Tributary 0016 directly but will permanently encroach on its stream setback area. The construction of the retaining wall at the stream crossing of SR 18 may alter the vegetation in the setback area of Tributary 0016 temporarily, but this alteration will be minor in extent. Construction of the Triangle project will have the following impacts on the stream channel of Tributary 0016A and its associated riparian area within the regulated 100-foot setback area. ■ The project will enclose 250 feet of Tributary 0016A in new culverts (65 feet) and culvert extensions (185 feet) (Figure 6). ■ 495 feet of Tributary 0016A will be filled and the stream relocated (Figure 6). ■ Encroach into an estimated 4.44 acres of riparian habitat, principally mixed deciduous/conifer forest, Himalayan blackberry thickets, and roadside grass fields (Figure 7). ■ The project will temporarily impact an estimated 1.28 acres of riparian area along Tributary 0016A. ■ Retention of existing fish passage barriers at project area culverts on Tributary 0016A. 5.0 STREAM MITIGATION ACTIVITIES 5.1 Overview The development of the Triangle project has involved a multidisciplinary approach that included engineering and environmental disciplines. As the project developed, the project team identified a range of alternatives to reduce congestion and improve safety. They were screened in a two-phase process with 28 criteria, including environmental criteria. The proposed build alternative received the top score in the environmental effects category by keeping most of the improvements within the existing ROW and causing the fewest impacts to the natural environment. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 1-5 - SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 24 Even so, some unavoidable impacts to stream resources will occur as a result of project construction. The following discussion proposes several mitigation activities aimed at offsetting project impacts to project area streams and associated riparian habitat. The intent of this list is to provide conceptual descriptions of the offsetting mitigation activities to further discussion among members of the project team and reviewing agency staff. 5.2 Mitigation Approach The Triangle project took a watershed/landscape approach to mitigate impacts caused by construction. This approach does not necessarily result in a 1:1 ratio of impacts to mitigation; however, it does address existing habitat limiting factors, such as the flashiness of the stream and the water quality of the runoff. Mitigation activities include stormwater quality and quantity retrofits, removal of existing culverts, and creation of new stream and riparian habitat within the project limits. The project will also provide mitigation for existing fish passage barriers through the creation of fish habitat at the Corrington mitigation site. Table 4 summarizes project impacts and corresponding mitigation. Table 4. Impact and Mitigation Summary Activity .. r. Impact Mitigation Stream Channel 0 185 ft culvert extension • Stormwater control and and Buffer • 495 ft channel fill treatment retrofit for 34.10 acres of impervious surfaces. • 65 ft new culvert 2.45 acres buffer enhancement • 4.44 acre riparian buffer loss and creation • 515 ft of new channel • 250 ft of culvert removal and channel restoration Fish Passage s Retain existing fish passage 0 1.08 acre riparian buffer barriers enhancement • 412 If/0.19 acre off -channel stream habitat 5.3 Stormwater Quality and Quantity Retrofit In addition to building facilities to detain and treat the project's proposed 14.7 acres of new impervious surfaces, the Triangle project will provide water quality and stormwater control for 34.10 acres of existing impervious surfaces of 1-5 and SR 18. Much of the runoff from SR 18 and 1-5 is currently collected by catch basins and roadside ditches and is conveyed, untreated, directly to tributaries 0016 and 0016A. The recently completed SR 5 Pierce County Line to Tukwila I/C — HOV Stage 4 project included collection, treatment, and detention of runoff from the new pavement, as well as a portion of the existing 1-5 pavement, that drains to the median. This project will incorporate similar improvements for SR 18 and 1-5. The proposed stormwater facilities include a combination of treatment, detention, and conveyance improvements, including: Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 25 ■ Media filter drains for treatment of highway runoff ■ Constructed wetland/ponds (one new and two reconstructed) for detention and treatment ■ Vault for detention and treatment ■ Enclosed drainage systems for conveyance ■ Channel realignment for conveyance of Tributary 0016A (Section 5.4) These proposed facilities address both the water quality and water quantity limiting factors listed for East Branch Hylebos Creek in the WRIA 10 Salmon Habitat Report (Kerwin 1999). The type of treatment varies between the drainage basins within the project area (Figure 8). Enhanced treatment is required for highways that discharge to streams by the WSDOT Highway Runoff Manual (HRM)(June 2008) and involves methods that remove dissolved metals as compared to basic treatment which only removes total suspended solids. 5.3.1 Basin B The proposed stormwater facility for Basin B is a combined wet/detention pond in the southwest loop of the I-5/SR 18 interchange. Tributary 0016A and Wetland U are located in the center of the loop. Pond B would be located in the western portion of the loop to reduce stream effects to Tributary 0016A. Stormwater runoff from most of SR 18 and ramps to and from 1-5 currently sheet flows into ditches that parallel SR 18 and is discharged directly into Tributary 0016A. A proposed stormwater conveyance system, consisting of storm drainpipe and structures, will collect the runoff from SR 18 and all new impervious surfaces and convey it to Pond B for detention and treatment. 5.3.3 Basin C The proposed stormwater facility for Basin C is a combined stormwater treatment wetland/detention pond located south of SR 18 and west of Tributary 0016. Stormwater runoff from SR 18 and ramps to and from Weyerhaeuser Way currently sheet flows into ditches and storm drainpipes that parallel SR 18. A proposed stormwater conveyance system will collect the existing runoff from SR 18 and all new impervious surfaces and convey it to Pond C where it will be treated and detained prior to discharge into Tributary 0016 near the downstream side of the parallel SR 18 Culverts. In addition, 1,165 linear feet of media filter drain will be used to provide treatment in this basin. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 26 NORTH f S 33fi ! Fi 5 I If V LAKE ^} I + a FE RAL WAY BASIN R BASIN D BASIN B .321. H 57 r BASIN S -- SS1LlRNE Y I Figure N Stormwater Drainage Basin Map Draft Stream Mitigation Plan Legend 1-5/SR 161/SR18 Triangle Improvements 0 City Limits 0 500 1,000 Feet Streams I I 5.3.7 Basin D The proposed stormwater facility for Basin D is a vault in the northwest corner of the South 356th Street/SR 161 intersection. Stormwater runoff from SR 161 currently flows north through the South 356th Street/SR 161 intersection in a closed conveyance system without any treatment or detention. Runoff from improvements to this intersection and the South 356th Street offramp will be collected and treated in a vault in the northwest corner of the intersection. The addition of the vault will provide water quality and detention for the new impervious surface and compensatory area from Basin G. Due to ROW limitations and the urban development along SR 161, no property was available for an above -ground facility. The existing conveyance system will be retrofitted for the proposed improvements along SR 161 and the South 356th Street/SR 161 intersection. The stormwater from the vault will be discharged back into the enclosed system that conveys stormwater north along SR 161. 5.3.6 Basin G The stormwater for Basin G will sheet flow off the roadway into ditches. Compensatory treatment and detention will be provided in Basin D. A detention facility was not practical in Basin G because of limited ROW. The outfall from Basin G is approximately 2,500 feet south, making it not cost-efficient to convey the stormwater to the HOV pond located near the southbound weigh station. 5.3.5 Basin I The proposed stormwater facility for Basin I is a vault in the southwest corner of the South 348th Street/ SR 161 intersection. Stormwater currently sheet flows into roadside ditches that parallel SR 18 and flow towards South 348th Street entering an enclosed system. The stormwater runoff on the north side of SR 18 will tie into the existing system at South 348th Street. Runoff from the south side of SR 18 will be collected and treated using media filter drains, storm drainpipe, and structures. Due to ROW restrictions, a stormwater pond was not a viable option. 5.3.2 Basin R The stormwater retrofit for this basin will be accomplished by expanding the existing Pond R located on the west side of I-5 north of South 344th Street which was constructed for the SR 5 Pierce County Line to Tukwila I/C - HOV Stage 4 project. Stormwater runoff from the crown of the northbound lanes currently sheets flows into ditches and is discharged directly to Tributary 0016A. A new stormwater conveyance system will be constructed to collect and convey this stormwater to the, expanded Pond R for treatment and detention prior to discharge to Tributary 0016A. 5.3.4 Basin S The proposed stormwater facility for Basin S is the expansion of Pond S, which was constructed for the SR 5 Pierce County Line to Tukwila I/C HOV - Stage 4 project. Pond S is located east of I-5 and north of SR 161. Pond S is a combined stormwater treatment wetland/detention pond. Stormwater runoff from the crown of the southboumd lanes to the outside edge of pavement currently sheet flows into ditches that parallel I-5 and Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 [-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 28 discharge the untreated runoff directly into Tributary 0016A. A proposed stormwater conveyance system will collect the runoff from the existing two lanes and all new impervious surfaces in Basin S and convey it to Pond S for detention and treatment prior to discharge to Tributary 0016A. Table 5 summarizes the new impervious surface areas by basin and the total area proposed for basic and enhanced treatment. Table 5. Stormwater Treatment Summary Drainage Basin New Impervious (acres) Basic Treatment Provided (acres) Enhanced Treatment Provided (acres) B -1.2 8.6 8.6 C 5.1 1.3 6.3 6.3 D 2.6 0 G 0.9 0 0 1 0.3 1.7 0 R 1 3.0 10.4 10.4 S 5.9 8.8 8.8 Totals 12.8 38.4 34.1 These proposed features will provide significant improvements to projected annual pollutant loads delivered to Hylebos Creek. Table 6 compares annual pollutant loads of the build alternative versus the no -build alternative. The proposed project would reduce annual total suspended solids (TSS) pollutant loading by approximately 30 percent, phosphorous loading by 7%, zinc loading by 24%, and copper loading by 28% when compared to the no -build alternative. Table 6. Comparison of Annual Pollutant Loads (Pounds per Year) Watershed Basin No -Build Alternative TSS Total Ph Total Zn CU West Branch of Hylebos Creek 16,529 34 10 2 Tributary 0016A 32,089 67 20 4 Tributary0016 4,520 9 3 1 Totals 53,138 110 33 7 Watershed Basin Build Alternative TSS Total Ph Total Zn CU West Branch of Hylebos Creek 10,653 29 7 2 Tributary 0016A 22,275 62 15 3 Tributary0016 j 3,990 11 3 1 Totals 1 36,919 102 25 5 Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 29 The added detention will help address the highly flashy flows characteristic of Tributary 0016A and provide a more regulated downstream discharge during and after precipitation events, which are the principal driver of the tributary's flows. Figure 9 presents the effect of proposed Pond S (located east of I-5 north of SR 161 within Basin S). The figure shows a series of small precipitation events in April 1997 and the effect of the detention pond. The analysis for Pond S shows a reduction of the hourly peaks by approximately 20%. Treatment facilities planned in other basins are expected to see similar results. The runoff peaks will be detained and spread out, which will provide a steadier discharge rate into the stream. The moderated flows discharged from the project detention facilities and the water quality improvements provided by the project's drainage facilities will potentially reduce erosion and improve water quality in downstream reaches of Hylebos Creek where higher quality fish and aquatic habitat exists. The "ravine reach" of Tributary 0016, in particular, has been identified as an area of good fish and aquatic habitat. The reach, however, has been affected by increased peak flows and pollution generated by rapid land use development in upstream areas, including the project area. The project proposes drainage facilities that will reduce channel erosion and sedimentation and increase water quality in Hylebos Creek downstream from the project area to the benefit of fish and other aquatic life. 5.4 Stream Relocation and Restoration The Triangle project will create and/or restore approximately 765 feet of seasonal stream habitat in phases 1 and 2 of construction. Approximately 250 feet of stream restoration will come from culvert removal and 515 feet from channel relocation. In Phase 1, the project will fill and abandon about 495 feet of the existing channel of Tributary 0016A and realign the channel as shown in Figure 10. A new approximately 580-foot channel will meander to the west to allow for the new offramp from I-5 to SR 161 at South 356th Street. The new channel will meander back south and east through the new offramp embankment to the existing 1-5 culvert, which will be extended. Phase II will install a new 65-foot-long culvert for the construction of the South 356th Street ramp, reducing the total length of the channel to 515 feet. This culvert will be designed and sized to satisfy fish passage design criteria consistent with the WSDOT Hydraulic Manual and the WDFW Design of Road Culverts for Fish Passage. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 30 p 0.35 z ------- PREDEVELOPED 0 0.30 I POSTDEVELOPED 1 Cr a 0.25 w LL 0.20 ' ))) ,/ .F :" ■ , 1 m 0.15 U F i 11 i1�1l Illi 1 '1 j n 1 Ijllj 11y Z ua 0.1 `'��/ '• 11 1� i '•� i '•� 2 0.05 Ukk r ;+ + 11 ; i p 1 0.00- 1997 Apr 13 1997 Apr 20 1997 Apr 27 1997 May 04 1997 May 11 POND S AVERAGE HOURLY DISCHARGE: EAST FORK HYLEBOS TRIBUTARY 0016A Figure 9 Detention Pond Effect on Peak Flows 1-5/SR 161/SR18Triangle Improvements Draft Stream Mitigation j FCWR 5 AMUR. ZA a� -kt rr In Phase 2, the project will remove the loop ramp and two existing culverts in the northwest loop of the SR 18/1-5 interchange. This will allow approximately 250 feet of Tributary 0016A channel to be daylighted and restored. As required by the City's zoning code (Article XIV, Division 5), the stream design will reflect the following as appropriate. ■ A natural meander pattern ■ Gentle side slopes, at least 2:1 r Erosion control features for stream side slopes ■ Creation of a narrow subchannel, where feasible, against the south or west bank Use of natural materials wherever possible a Native riparian vegetation The City's code also requires, where appropriate or feasible, that the design create spawning and nesting areas, re-establish the fish population, and restore flow characteristics compatible with fish habitat areas. In terms of the creation or restoration of a channel for Tributary 0016A, these latter requirements are not feasible or appropriate. The intermittent and seasonal flows of the tributary do not support populations of fish and other aquatic organisms adequately. Similarly, the high peak flows in Tributary 0016A followed by low or zero flows make for poor potential for establishing conditions suitable for spawning and rearing. The restored stream channel will be constructed by clearing the existing vegetation along the proposed alignment and excavating the proposed channel. Because of the relatively intact nature of this forested area, efforts will be undertaken to preserve existing vegetation close to the proposed stream alignment. Because of the existing grade, it will be necessary to clear areas on both sides of the stream to accommodate the stream channel and meet the maximum 2:1 slopes. The stream channel will consist of imported stream substrate with deflector logs and log boles installed at appropriate intervals and locations to increase habitat diversity. The banks will typically be constructed at a 3:1 slope and consist of amended soil and_coir matting to reduce the potential for erosion. Construction will occur in isolation from stream flows to avoid in - water work and the potential for erosion. Before water is diverted to the new channel, all stabilization will be in place. 5.5 Riparian Habitat Creation/Enhancement The project will create and enhance an estimated 2.45 acres of forested riparian habitat around the relocated and restored stream channels (Figure 10). The plantings will establish a native forested plant community that will shade the stream channel and support the wildlife that now uses the mixed deciduous/conifer habitats in the project area. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 33 Following the construction of the relocated and restored stream channel and grading of the site as described in Section 5.4, the site will be planted with four distinct plant communities. Table 7 lists the proposed plant species for each of the four communities. The Emergent Bottom zone will occur along low-lying fringes, below the OHWM of the new creek channel, but not directly within the active channel. Plugs will be installed at a rate of 30,000 per acre and in clusters of 50 plants, with clusters spaced approximately 8 feet apart. Since plantings within this community will be sparse, planting locations will be established where appropriate conditions exist. The Riparian Emergent zone will occur adjacent to and above the OHWM of the creek in seasonally and occasionally inundated areas. It typically will occur on the 2:1 slopes from the OHWM to the top of bank. Plugs will be placed at a density of approximately 30,000/acre. Plugs should be installed in clusters of 50 plants, with clusters spaced approximately 8 feet apart. A Riparian Forest/Scrub-shrub zone will be planted in a band approximately 50 feet wide and extending outward from the top of bank of the new channel. Planting within this area will serve to provide shading of the channel, future large wood debris recruitment, wildlife habitat, and a source of nutrients for the stream. The remaining buffer will consist of an Upland Riparian Forest zone. This area would consist of interspersed plantings within the existing forest community from the edge of the riparian scrub -shrub community to the edge of the 100-foot riparian setback. The species composition would be selected to match the species within the existing forest community closely. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 34 Table 7. Riparian Enhancement and Restoration Plant List Common Name Scientific Name Emergent Bottom Small Fruited Bulrush Scirpus microcarpus Bur -reed Sparganium emersum Bur -reed Sparganium eurycarpum Hardstem Bulrush Scirpus acutus Riparian Emergent Marsh Speedwell Veronica Sp. Slough Sedge Carex obupta Bur -reed Sparganium emersum Creeping Spike Rush Eleocharis palustris Dwarf spike rush Eleocharis parvula Riparian Forest/Scrub Shrub Red alder Alnus rubra Red twig dogwood Corpus stolonifera Oregon ash Fraxinus latifolia Pacific ninebark Physocarpus capitatus Black cottonwood Populus trichocarpa Willow Salix sp. Hardhack Spiraea douglasii Western red cedar Thuja plicata Red alder Alnus rubra Upland Riparian Forest Vine Maple Acer circunatum Big leaf maple Acer macrophyllum Beaked hazelnut Corylus cornuta Oceanspray Holodiscus discolor Indian plum Oemlaria cerasiformi Douglas fir Pseudotsuga menziesii Snowberry Symphoricarpos albus Red elderberry Sambucus racemosa Western hemlock Tsuga heterophylla To the extent possible, mature vegetation will be retained during construction by limiting equipment to one side of the channel. Invasive species will be removed from the riparian enhancement and creation area where not cleared during construction. In those areas, supplemental plantings will occur as necessary to insure appropriate plant density. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 35 In addition to the plantings, habitat improvement structures, including brush piles, snags, and bat boxes, will be installed within the areas. The project team will oversee the construction of six brush piles per acre within the relocated and enhanced riparian areas to provide cover from predators, assist thermal regulation, provide nesting areas, and increase insect populations for birds and other insectivores. Brush piles will be at least 10 feet in diameter and 5 feet high and constructed of native woody debris layered in a crisscross pattern with the largest debris on the bottom and smallest debris set on top. Typical Brush Pile Bottom Typical Brush Pile Top The illustrations above are a general guideline. To ensure proper construction and placement, brush pile construction in the field will be assisted by a qualified biologist. To provide habitat for cavity nesting birds and mammals, at least two snags per acre will be installed in the relocated and enhanced riparian areas. Snags will be at least 24 inches in diameter and at least 20 feet tall and if possible will contain two stems. The plan calls for placing snags upright in an excavated hole with a depth that is approximately equal to one -quarter of the total length of the snag, backfilling the hole with native material, and compacting the soil to ensure stability of the snag. To avoid property damage, the installer should exercise best professional judgment in the field during installation. Bat boxes will be installed to replace and augment roost sites. Two boxes will be installed per acre and will consist of either chamber boxes or rocket boxes. Chamber boxes will be installed directly to the top third of the proposed snags. Rocket boxes will be installed where suitable conditions exist. Suitable locations will be at least 15 feet off the ground, afford maximum sun exposure, and be relatively free of obstructions within a 15-foot diameter. Boxes will contain multiple chambers and be constructed consistent with WDFW recommendations. These enhancements will increase the functional, value of the riparian habitat, which currently is highly degraded by the uniform reed canarygrass community that dominates the area around the stream in the channel fill impact area (see Photo 11). The enhancements will increase stream riparian and wildlife functions by increasing plant diversity, foraging and nesting habitat, overall habitat complexity, and plant structure Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 36 diversity. A diverse plant community along the stream channel will also contribute to the production and export of organic matter to the stream system. 5.6 Off -Channel Fish Habitat Creation Because of the low base flows and flashy nature of Tributary 0016A, and the lack of suitable fish habitat within the stream reaches above the existing fish barriers, removing the existing fish barriers will not improve habitat for fish species significantly. To restore fish habitat within tributaries 0016A and 0016 within the project area to a level where fish passage improvements would result in a benefit would require significant additional habitat improvements including additional fish barrier retrofits, riparian enhancements, and stormwater retrofits including: ■ Additional stormwater retrofits for urban development contributing to Tributary 0016A to address base flows and flashiness; ■ Retrofitting seven fish passage barriers downstream of the project area on Tributary 0016A and five fish passage barriers on Tributary 0016; ■ Removal of culverts from and restoration of Tributary 0016A north of SR 18; and ■ Channel rehabilitation on Tributary 0016A downstream of I-5 culvert. Completing these improvements would provide access to 8,250 linear feet of additional stream habitat on Tributary 0016A within the project area and additional stream area upstream of the project area. However, the above improvements are not likely to address the flow issues within Tributary 0016A sufficiently for the stream to become suitable for anadromous fish. To mitigate for the lack of fish passage improvements along Tributary 0016A, the project will construct off -channel fish habitat at WSDOT's Corrington mitigation site. Since the Corrington site adjoins the North Fork of West Branch of Hylebos Creek, which has better habitat than Tributary 0016A and documented anadromous fish use, the added channel will provide a greater benefit to fish species than removing the fish barriers. New off -channel habitat will increase the amount of available fish habitat in the reaches of North Fork of West Branch of Hylebos Creek used by anadromous and other resident fish species. The project will excavate a channel averaging 3 feet wide and 2 feet deep in the wetlands (refer to Sheets 2 and 3, Appendix D Draft Wetland Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project). Sheet 4 of Appendix D details the proposed cross- section of the stream. Water depths within the channel are expected to be relatively constant between 18 and 24 inches. This channel will start near the pond outfall channel in the central portion of the Corrington site, meander through the enhanced wetlands, and ultimately outfall to the North Fork of West Branch Hylebos Creek (Figure 10). The channel will receive flows that currently flow through the pond outfall channel and outfall to the North Fork of West Hylebos through a small corrugated culvert. The water source for the pond is perennial and is composed of cool and clean groundwater Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 37 discharges from the wetlands east and north of the project site. This water source flows year round and water levels were observed to remain constant throughout the year. The proposed channel and wetland creation areas adjacent to the pond are not anticipated to change the level of water in the pond. The soils within the wetland areas that the outflow channel will be created in are listed as Shalcar muck. Shalcar muck soils are moderately permeable soils that are very poorly drained and are high in organic content. Soil samples taken during the wetland delineation of the Corrington site confirmed the presence of Shalcar soils within the channel creation areas. The upper 5 to 10 inches of the soil are very high in decomposed organic matter mixed with a matrix of silt loam material. Deeper in the soil profile (below 12 inches) the soil transitions to a sandy loam material with inclusions of clay. Below approximately 18 inches, the soil is a mixture of sandy silt loam and sandy clay loam more similar to Snohomish silt loam soils that are listed by the NRCS as a minor component to the Shalcar series. The proposed channel will result in excavation within the wetland areas to depths approaching 3 feet (Appendix D, sheet 3). It is anticipated that the dominant material within the created streambed will be the clay loam material encountered below 18 inches. Erosion is not expected within this soil due to the very low overall slope of the created channel (0.98%). The construction of the channel will be completed in stages in coordination with the grading and other enhancement activities within the project site. Following the mowing and spraying of the reed canarygrass stands, the grading of the stream channel will be completed in conjunction with the other required grading on the Corrington site. The beginning and end of the stream channel will be isolated from the surface waters of the pond and North Fork of West Branch of Hylebos Creek with temporary cofferdams constructed from plastic sheeting and sandbags. The channel will be covered with a tarp material designed to eliminate the reed canarygrass from the site. Following the removal of the tarp material and hydro -seeding of the site, the cofferdams will be removed and surface waters allowed to flow through the new channel. The last stage of the channel construction will be the removal of the existing culvert on the pond outflow channel. A small backhoe will remove the existing culvert and the area previously occupied by the culvert will be backfilled with compacted soil. Prior to removal, the area will be isolated with cofferdams similar to those used for the new stream channel. This plan will allow surface waters to continue to circulate through the pond while at the same time providing valuable off -channel habitat for resident and migratory fish. It is anticipated that, over time, the backwater area between the entrance to the created channel and the old location of the culvert will silt in as suspended sediment settles out. The open water channel will make it easier for fish to access the resting and feeding opportunities in the pond. To enhance the amount of available fish habitat within the pond, several large softwood logs will be placed within it. In addition to providing egg laying opportunities for amphibians and basking habitat for turtles, these logs will Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 38 provide cover opportunities for fish. When the channel is constructed, the project will plant the floodplains adjacent to it with native wetland emergent vegetation. These plantings will increase water quality functions by trapping sediment during high flow events. The plantings also will increase exports of insects and organic matter to the stream. Creating the channel and enhancing the pond will add 0.19 acre of new off - channel fish habitat. It should be noted that the construction of the fish channel will result in converting 0.05 acre of palustrine emergent wetlands to riverine wetlands. 5.7 Riparian Area Enhancements To mitigate for the negative effects of lost riparian area, the project will enhance the entire riparian area at the Corrington mitigation site east of the North Fork of West Branch of Hylebos Creek. Because of the location of the wetlands and wetland buffers on the site and because their setbacks overlap, the riparian enhancement area consists of wetlands and wetland buffers slated for enhancement (Figure 11). Those enhancements are discussed in the Draft Wetland Mitigation Plan I-5 - SR 161/SR 18 Triangle Improvements Project. The project will enhance a total of 1.08 acres of riparian area through the planting of forested wetland, forested upland, and emergent wetland plant communities. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 1-5 - SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 39 i.iitt,;IV- �i.��ir►ir *7i���w+zi iF;fir+��:r+�+3 .�.♦.+tt*�.*���tt - Wetland ::`�+e+c+m+a'�t'eta*e*�`it�i+�t�♦tit*♦i��+iti*i� � r �t�t#*`2ta*o:�o�cto''�+�*��*i�**��i�`�w���+��i�i�*�i�+�i;i+i+i V. MUM ME OG ` ok llllll� Upland Preservation wi #w�ryi��i►i (Understory Enhanced) 0.06 acre Off -Channel 430 Linear Feet r - r r• i' i 1 I Wetland Creation = 0.32 acre Wetland Enhancement -1.37 acres Wetland Buffer Enhancement = 1.05 acres Riparian Enhancement Area = 1.08 acre Off -Channel Habitat = 0.19 acre Wetland Enhancement area within 75' Paper Buffer= 0.60 acre Wetland Creation area within 75' Paper Buffer = 0.04 acre Legend Figure 11 Project Area _ _ L — Delineated Wetland Brush Pile Conceptual Mitigation Plan Stream Off -Channel Habitat x Large Woody Debris Draft Stream Mitigation Plan Culvert Removal Wetland Buffer Enhancement ,__ 1-5/SR 161/SR18 Triangle Improvements --- 75' Paper Buffer Wetland Creation • � Upland Preservation --- - Riparian Enhancement Area —._' -i Wetland Enhancement 0 40 80 Feet I I I I ,I Photo 11. Dry channel of Tributary 0016A in October 2005. Photo taken where the existing stream channel will be filled and relocated to the west (left). Channel overgrown with reed canarygrass 6.0 MITIGATION OBJECTIVES AND PERFORMANCE STANDARDS 6.1 Mitigation Goals The goals of the proposed mitigation are to replace lost habitat with improved habitat that addresses existing habitat limiting factors in the project area including the flashiness of the stream and the water quality of the runoff. 6.2 Mitigation Objectives The mitigation associated with the Triangle project is intended to: (1) Improve hydrologic functions in tributaries 0016A and 0016 by providing stormwater control for 34.10 acres of existing impervious surfaces (2) Improve water quality in tributaries 0016A and 0016 by providing water quality treatment for 34.10 acres of existing impervious surfaces (3) Improve habitat functions by increasing plant diversity, foraging and nesting habitat, overall habitat complexity, plant structure diversity and numbers, and stream shading Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Page 41 (4) Create 515 linear feet of new stream channel (5) Increase in -stream and riparian habitat by removing 250 feet of existing culverts and re-establishing a stream channel. 6.3 Performance Measures and Success Standards The performance standards described below provide benchmarks for measuring achievement of the goals and objectives of the mitigation site. Mitigation activities are intended to meet these performance standards within a specified period. Performance measures and success standards for the Corrington mitigation site are contained within the Draft Wetland Mitigation Plan for the I-5 - SR 161/SR 18 Triangle Improvements Project (BERGER/ABAM 2009). 6.3.1 Interim Performance Measures (Years 1- 4) The following indicators are benchmarks for the performance of the mitigation measures in years 1 through 4. ■ Ensure that all of the proposed wildlife enhancement structures have been placed within the riparian replacement and enhancement areas and that they meet the specific size and location requirements detailed above. These include brush piles, snags and bat boxes. a Native, wetland (facultative and wetter) woody species (planted and volunteer) will achieve an average density of at least four plants per 100 square feet in the wetland areas of the created stream channel. ■ State -listed Class -A noxious weeds and non-native blackberries (Rubus spp.), purple loosestrife (Lythrum salicaria), Scot's broom (Cytisus scoparius), thistles (Cirsium spp.), and non-native knotweeds (Polygonum cuspidatum, P. polystachyum, P. sachalinense, and P. bohemicum) will not exceed 20% aerial cover in the created and enhanced wetlands. ■ Survival of 90% of riparian enhancement plantings. If dead plantings are replaced, then the performance measure will be met. ■ The relocated stream channel is stable, has the presence or indicators of hydrology, in -stream structures are in place and intact and the channel has no indicators of significant erosion. 6.3.2 Success Standard (Year 5) In year 5, the success standards will include the following. ■ For the purpose of measuring the final success of the wildlife enhancement structures, each structure will be inventoried. The habitat brush piles may be subject to decay so measurements will not be required. All snags will be counted to ensure that all installed snags are still standing. Bat boxes will be inventoried to ensure that all installed boxes are present and intact. Draft Stream Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation BERGER/ABAM, FAPWT-04-064 February 2009 Page 42 #:. ■ Aerial cover of native, woody species will be at least 60% in the scrub -shrub and R 46rested communities of the created, enhanced, and restored and enhanced riparian buffer areas. ■ Aerial cover of native planted or appropriate volunteer plants will be at least 75% in the wetland areas of the realigned stream channel. • State -listed Class -A noxious weeds and non-native blackberries, purple loosestrife, Scot's°broom, thistles, and non-native knotweeds will not exceed 20% aerial cover in the created and enhanced riparian buffers. 7.0 REFERENCES BERGER/ARAM Engineers Inc. 2009. Draft Wetland Mitigation Plan I-5 - SR 161/SR 18 Triangle Improvements Project. Prepared for the Washington State Department of Transportation, January 2009 BERGER/ABAM Engineers Inc. 2008a. I-5 - SR 161/SR 18 Interchange Improvements Phase 1 Hydraulics Report. Prepared for the Washington State Department of Transportation. May 2008. BERGER/ABAM Engineers Inc. 2008b. I-5 - SR 161/SR 18 Interchange Improvements Fish Evaluation Passage Report. Prepared for the Washington State Department of Transportation. February 2008. BERGER/ABAM Engineers Inc. 2008c. I-5 - SR 161/SR 18 Interchange Improvements Conceptual Wetland Mitigation Plan. Prepared for the Washington State Department of Transportation. August 2008. BERGER/ABAM Engineers Inc. 2007. 1-5 - SR 161/SR 18 Triangle Improvements Fish, Vegetation, Wildlife, and Habitat Discipline Report. Prepared by CH2M Hill for the Washington State Department of Transportation. March 2007. BERGER/ABAM Engineers Inc. 2006. I-5 - SR 161/SR 18 Triangle Improvements Water Resources Discipline Report. Prepared for Washington State Department of Transportation. October 2006. King County. 1991. Executive Proposed Hylebos Creek and Lower Puget Sound Basin Plan. King County Surface Water Management. July 1991. Washington State Department of Transportation (WSDOT). 2007. Hydraulics Manual M 23-03, Engineering and Regional Operations Division, Environmental and Engineering Programs. Olympia, WA. 2007. htt www.wsdot.wa. ovublications anualslM23- 03.htm Washington State Department of Transportation (WSDOT). 1997. SR 161 Hylebos Creek Stream Survey. OL 2713. Prepared by Gary Davis, Biologist, Northwest Region Environmental Services. June 1997. igation Plan BERGER/ABAM, FAPWT-04-064 18 Triangle Improvements Project February 2009 :ate Department of Transportation Page 43 Triangle Main Project Area Parcels # Mailing List Parcel #2121049002 Parcel #2121049003 Parcel #2121049010 Parcel #2121049014 Parcel #2121049033 Parcel #2121049052 Parcel #2121049078 Parcel #2121049085 Parcel #2121049088 Parcel #2154660050 Parcel #2191600705 Parcel #2191600820 Parcel #2191600870 Parcel #2191601760 Parcel #2191602150 Parcel #2192600180 Parcel #2192600570 Parcel #2221049040 Parcel #2821049007 Parcel #2821049008 Parcel #2821049009 Parcel #2821049013 Parcel #2821049026 Parcel #2821049069 Parcel #2821049070 Parcel #2821049107 Parcel #2821049109 Parcel #2821049125 Parcel #2821049127 Parcel #2821049132 Parcel #2821049171 Parcel #2821049178 Parcel #2821049184 Parcel #2821049190 Parcel #2921049131 Parcel #6142600200 Parcel #7261200195 Parcel #7261200221 Parcel #7261200275 RECEIVED DEC 01 2009 Triangle_main_project_areal_list.doc CITY OF FEDERAL WAY CDS Triangle Main Project Area Parcels # Mailing List Parcel #2121049002 WEYERHAEUSER CO TAX DEPT CH1C28 PO BOX 9777 FEDERAL WAY WA 98063 Parcel #2121049003 Christian Faith Center 33645 20TH AVE S FEDERAL WAY WA 98003 Parcel #2121049010 Wal Mart Real Est Bus Trst 2001 SE 10th St Bentonville, AR 72712 Parcel #2121049014 WEYERHAEUSER CO TAX DEPT CH1C28 PO BOX 9777 FEDERAL WAY WA 98063 Parcel #2121049033 SCHINDLER FMLY LTD PRTNRSHP 34114 21 ST AVE S FEDERAL WAY WA 98003 Parcel #2121049052 RHODODENDRON SP FOUNDATION PO BOX 3798 FEDERAL WAY WA 98003 Parcel #2121049078 Moon Sung Min+Deborah 8101 - 150th Place SE Newcastle WA 98059 Parcel #2121049085 R & K PROPERTIES LLC 16510 218TH AVE ORTING WA 98360 Parcel #2121049088 Fedway Marketplace East C/O Michael John Klein CPA 5743 Corsa Ave #216 Westlake Village CA 91362 Parcel #2154660050 HERON PARTNERS LLC TRACT A PO BOX 22926 SEATTLE WA 98122 Parcel #2191600705 Boyles Robert J 34805 27th Ave. S Federal Way WA 98003 Parcel #2191600820 MILLER JAMES C 3937 SO 348TH ST AUBURN WA 98001 Triangle_main_proj ect_areal_list.doc Triangle Main Project Area Parcels # Mailing List Parcel #2191600870 King County 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 Parcel #2191601760 LOITZ MARILYN-PR FOR ESTATE OF BRICE FLORENCE H 15739 SW HIGHPOINT DR SHERWOOD OR 97140 Parcel #2191602150 King County 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 Parcel #2192600180 Costco Wholesale Corp Property Tax Dept 061 999Lake DR Issaquah WA 98027 Parcel #2192600570 West Campus Square Co LLC 433 N Camden DR Suite 500 Beverly Hills CA 90210 Parcel #2221049040 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Parcel #2821049007 King County 500 KC ADMIN BLDG 500 4TH AVE SEATTLE WA 98104 Parcel #2821049008 HD DVLPMT OF MARYLAND Inc. PROPERTY TAX DEPT #4703 PO BOX 105842 ATLANTA GA 30348 Parcel # 2821049009 Edward Riehl 35926 16th Avenue Federal Way, WA 98003 Parcel #2821049013 Hayes Kenneth C 1842 FREY LN MISSOULA, MT 59802 Triangle_main_proj ect_areal_list. doc Triangle Main Project Area Parcels # Mailing List Parcel #2821049026 Enchanted Parks Inc. PO BOX 543185 DALLAS TX 75354 Parcel #2821049069 Jet Chevrolet Inc P O BOX 4986 FEDERAL WAY WA 98063 Parcel #2821049070 Crosspointe Kitts Corner Apartments 33515 10TH PL S BLDG 15 FEDERAL WAY WA 98003 Parcel #2821049107 Sehlin Gloria A + Stolen Dona 36028 16th Ave. S. Federal Way, WA 98003 Parcel #2821049109 Wright Robert L 36200 16th Ave. S. Federal Way, WA 98003 Parcel #2821049125 Soyam Federal Way Property 1712 S. 356th St. Federal Way, WA 98003 Parcel #2821049127 Walker Investments PO BOX 208 SUMNER WA 98390 Parcel #2821049132 Bartose Robert 1649 S 359th St Federal Way, WA 98003 Parcel #2821049171 Ronald Cranston 1663 HARBOR AVE SW SEATTLE WA 98126 Parcel #2821049178 Lloyd Russell R P.O. Box 4203 Federal Way, WA 98063 Parcel #2821049184 LG Enchanted Wood LLC 4380 SW MACADAM AVE #380 PORTLAND OR 97239 Parcel #2821049190 Huerta Ignacio Rodriguez 36010 16th Avenue S. Federal Way, WA 98003 Triangle_main_proj ect_areal_list. doc Triangle Main Project Area Parcels # Mailing List Parcel #2921049131 Federal Way School District 31405 18TH AVE S FEDERAL WAY WA 98003 Parcel #6142600200 WEYERHAEUSER CO TAX DEPT CHIIC28 PO BOX 9777 FEDERAL WAY WA 98063 Parcel #7261200195 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Parcel #7261200221 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Parcel #7261200275 LBA REALTY C/O THOMSON REUTERS 2235 FARADAY AVE SUITE O CARLSBAD CA 92008 Tri angle_main_pro j ect_areal_list. doc Draft Stream Mitigation Plan 1-5 - SR 161/SR 18 Triangle Improvements Project Submitted to Washington State Department of Transportation February 2009 Submitted by BERGER/ARAM Engineers Inc. 720 Olive Way, Suite 1100 Seattle, Washington 98101 Job No. FAPW r-"064 EXHIBIT PAGE-.1-OF_�tk DRAFT STREAM MITIGATION PLAN 1-5 - SR 161/SR 18 TRIANGLE IMPROVEMENTS PROJECT WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TABLE OF CONTENTS SECTION PAGE EXECUTIVESUMMARY................................................................................................................1 1.0 INTRODUCTION AND BACKGROUND..............................................................................3 2.0 PROPOSED PROJECT......................................................................................................3 2.1 Timeline...........................................................................................................................5 2.2 Purpose and Need...........................................................................................................5 3.0 EXISTING CONDITIONS...................................................................................................5 3.1 Overview..........................................................................................................................5 3.2 Streams...........................................................................................................................8 3.3 Riparian Vegetation........................................................................................................15 4.0 STREAM AND RIPARIAN AREA IMPACTS......................................................................19 4.1 Permanent Stream Impacts...........................................................................................19 4.2 Riparian Impacts............................................................................................................22 4.3 Stream Impact Summary................................................................................................24 5.0 STREAM MITIGATION ACTIVITIES..................................................................................24 5.1 Overview..........................................................................................................................24 5.2 Mitigation Approach.......................................................................................................25 5.3 Stormwater Quality and Quantity Retrofit.....................................................................25 5.4 Stream Relocation and Restoration..............................................................................30 5.5 Riparian Habitat Creation/Enhancement.....................................................................33 5.6 Off -Channel Fish Habitat Creation.................................................................................37 5.7 Riparian Area Enhancements........................................................................................39 6.0 MITIGATION OBJECTIVES AND PERFORMANCE STANDARDS......................................41 6.1 Mitigation Goals.............................................................................................................41 6.2 Mitigation Objectives.....................................................................................................41 6.3 Performance Measures and Success Standards..........................................................42 7.0 REFERENCES..................................................................................................................43 LIST OF TABLES Table 1. Streams in the Project Area.........................................................................................10 Table 2. Permanent Stream Channel Impacts...........................................................................19 Table 3. Permanent and Temporary Riparian Buffer Area Impacts (acres) .............................22 Table 4. Impact and Mitigation Summary ..................................................................................25 Table 5. Stormwater Treatment Summary .................................................................................29 Table 6. Comparison of Annual Pollutant Loads (Pounds per Year).........................................29 Table 7. Riparian Enhancement and Restoration Plant List....................................................35 Draft Stream Mitigation Plan I-5 - SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation BERGER/ABAM, FAPWT-04-064 February 2009 1-i I ttr I T .•1� Page i PAGE�O'F 416 LIST OF FIGURES Figure 1- Project Area Vicinity Map.........................................................................................4 FiLlure 2 - Overview of In -Water Work.......................................................................................6 Figure3 - Project Area Drainage Subbasins............................................................................7 Figure 4 — Observed Flow Data for Tributary OO16A................................................................13 Figure 5 — Existing Riparian Habitat Areas...............................................................................18 Figure6 — Stream Impacts.........................................................................................................20 Figure7 — Riparian Area Impacts..............................................................................................23 Figure 8— Stormwater Drainage Basin Map..............................................................................27 Figure 9 — Detention Pond Effect on Peak Flows.....................................................................31 Figure 10 — Channel Realignment and Riparian Area Enhancement......................................32 Figure 11— Corrington Mitigation Site Conceptual Stream Mitigation Plan ..........................40 LIST OF PHOTOS Photo 1 Tributary OO16A in back of Costco. Culvert outlet from the southwest cloverleaf ramp of SR 18. The wading staff to the left of the culvert is 6 feet tall. Photo 2 Typical riffle in Tributary OO16A. Photo 3 Tributary OO16A just downstream of the 1-5 culvert. Water flows slowly through the reed canarygrass. Photo 4 Inlet of Tributary OO16A culvert under 1-5. Photo 5 Tributary OO16A north of the SR 18/1-5 interchange Photo 6 Looking at the Weyerhaeuser Corporate Headquarters building from the culvert outlet of Tributary 0016. This culvert extends all the way across this field and under the building to Weyerhaeuser Pond. Photo 7 Mud -filled pool at outlet of Tributary 0016 culvert under SR 18. The pool is backwatered by an 18-inch-high rock weir about 50 feet downstream. The rock dam is outside of the SR 18 right-of-way. Photo 8 Typical mud -bottom glide habitat on Tributary 0016 downstream of SR 18. Note house on right. Photo 9 Tributary OO16A south of the SR 18/1-5 Interchange. Note log weir and streambank stabilization with rock. Photo 10 Dry channel of Tributary OO16A in October 2005. Location of picture is west side of I- 5 south of the SR 18/1-5 interchange near the location of the proposed southbound offramps to SR 161 at South 356th Street. Photo 11 Dry channel of Tributary 0O16A in October 2005. Photo taken where the existing stream channel will be filled and relocated to the west (left). Channel overgrown with reed canarygrass. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 - SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation E Iri I S I Page ii FAGS 3 F_ EXECUTIVE SUMMARY Through the Interstate 5 (I-5) — State Route (SR)161/SR 18 Interchange Improvements Project (Triangle project), the Washington State Department of Transportation (WSDOT) proposes to replace two existing cloverleaf loop ramps with direct access flyovers and add new roadway lanes in high traffic areas. The proposed work will result in unavoidable impacts to a tributary to East Branch Hylebos Creek (Tributary 0016A) and to riparian areas associated with Tributary 0016A and East Branch Hylebos Creek (Tributary 0016). Direct impacts to Tributary 0016A will result from extending three existing culverts, placing a new culvert, and rerouting and abandoning a section of the existing stream channel to accommodate a new offramp from I-5 to SR 161 at South 356th Street. About 745 lineal feet of Tributary 0016A will be affected by these in -water construction activities. The project will not affect the stream channel of Tributary 0016 directly. Widening I-5 with a new collector -distributor lane, new offramps, and new structures will encroach into riparian areas associated principally with Tributary 0016A. This widening will permanently affect an estimated 4.44 acres of Tributary 0016A riparian areas. An estimated 1.28 acres of riparian areas associated with Tributary 0016A will be temporarily disturbed and restored during construction. Construction of a stormwater pond south of SR 18 will encroach into Tributary 0016 riparian areas, permanently affecting 0.20 acre. A small amount of temporary disturbance to riparian areas associated with Tributary 0016 will result from constructing a retaining wall adjacent to the upstream end of the SR 18 culvert. The retaining wall is being constructed instead of a slope embankment in order to reduce stream and wetland impacts. This area will be restored during construction. The project will mitigate the stream and riparian area impacts by improving the quality and detention of runoff from existing impervious surfaces, removing existing culverts, and creating and restoring stream and riparian habitat within the project limits. The project will build detention and water quality treatment facilities for the 14.7 acres of new impervious surfaces it will create. In addition, it will provide water quality treatment and stormwater control facilities for 34.1 acres of existing I-5 and SR 18 impervious surfaces. This added detention will help address the flashy flows characteristic of Tributary 0016A and provide a more regulated downstream discharge. The moderated flows and increased water quality treatment provided by the project's drainage facilities will reduce suspended solids and channel erosion and improve water quality in downstream reaches of Tributary 0016 where higher quality aquatic habitat exists. To mitigate filling and abandoning approximately 495 feet of the existing channel of Tributary 0016A to accommodate widening, the project will realign the channel, creating approximately 515 feet of seasonal stream channel habitat and associated riparian area. Draft Stream Mitigation Plan r BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project Wn IT February 2009 Washington State Department of Transportation H I A4 Page 1 PAGE0 Mitigation for existing fish barriers on Tributary 0016A within the project area will consist of enhancement activities at WSDOT's Corrington mitigation site in the West Branch of Hylebos Creek subbasin, on South 364th Street. A 430-linear-foot side channel (0.05 acre) will be constructed at the site to provide off -channel rearing habitat. This new channel will connect to the existing pond (0.14 acre) at the site, and will meander to the south and west, where it will drain into Tributary 0015. The groundwater baseflow entering the pond will supply a constant source of clean, cool water for the creek that will help provide high quality habitat for fish species. This mitigation will provide more valuable habitat for resident and anadromous fish species than that provided through the removal of existing fish passage barriers on Tributary 0016A. In addition, the project will remove the loop ramp and two existing culverts in the northwest loop of the SR 18/1-5 interchange. This will allow the daylighting and restoration of approximately 250 feet of Tributary 0016A channel and its associated riparian area. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project T February 2009 Washington State Department of Transportation E H V n' I ■ !l -- Page 2 RAGS , OFF 1.0 INTRODUCTION AND BACKGROUND The Washington State Department of Transportation (WSDOT) proposes to complete a series of road improvement projects in Federal Way, Washington, through a project known as the I-5 — SR 161/SR 18 Interchange Improvements Project, also known as the Triangle project (Figure 1). The project will replace two existing cloverleaf loop ramps with direct access flyovers and add new roadway lanes in high traffic areas. The proposed work will result in unavoidable impacts, principally to Hylebos Creek Tributary 0016A and associated riparian areas. The proposed impacts are regulated by the US Army Corps of Engineers, the Washington State Department of Ecology, Washington State Department of Fish and Wildlife (WDFW), and the City of Federal Way (City). Prior approval from these agencies will be necessary before clearing and grading activities that would impact these streams and their riparian areas can commence. WSDOT proposes to use several methods to complete stream and riparian area mitigation for these planned impacts. This conceptual mitigation plan summarizes information about the proposed project and its projected impacts, and provides a conceptual -level outline of the proposed mitigation measures. 2.0 PROPOSED PROJECT The Triangle project will result in the construction of road modifications that will increase driver safety, reduce existing and projected traffic congestion, and increase freight and vehicle mobility. During the design process, a number of different build alternatives were developed and analyzed in a two-phase WSDOT screening process. The project team selected the current build alternative for its top scores in minimizing environmental impacts, as well as in four of the six categories reviewed. The principal features of the project are ■ Constructing a collector -distributor (CD) road between southbound I-5/westbound SR 18 to SR 161 via the construction of new ramps at South 356th and South 359th streets. • Constructing a new two-lane flyover to replace the existing single -lane northwest loop ramp for westbound SR 18 to southbound I-5 traffic. ■ Replacing the existing southeast loop ramp with a new flyover ramp to allow direct access for eastbound SR 18/South 348th Street to northbound I-5 traffic. ■ Reconfiguring the South 348th Street/SR 161 intersection to reduce left -turn movements and decrease congestion. ■ Constructing auxiliary lanes along 1-5 between the area south of the South 336th Street bridge and the exit/entrance to the weigh station/rest area. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation EX14118151T. Page 3 PAGEOF 4fo Legend Project Limits Mitigation Site 04, Figure 1 Project Area Vicinity Map Draft Stream Mitigation Plan 1-5/SR 161/SR18Triangle Improvements 0 1000 2000FeetDraft Figure 2 provides a large-scale overview of the improvements proposed. In addition to these activities, the project includes the construction of stormwater treatment infrastructure and retaining walls and the replacement and extension of culverts as necessary. 2.1 Timeline Construction will occur in two phases, with the first phase beginning during spring 2010 and finishing at the end of 2013. The first phase of construction would address the weaving pattern of the northbound I-5/westbound SR 18 loop ramp and reduce congestion and improve safety at the South 348th Street/SR 161 intersection by providing a direct access ramp between I-5 and SR 18 to SR 161. The second phase of the project would complete all the remaining improvements of the build alternative. 2.2 Purpose and Need The purpose of the proposed project is to address safety concerns, reduce traffic congestion, and increase vehicle and freight mobility. Increased traffic volumes, combined with explosive land use, resulting in part from statewide land use regulations and zoning requirements, have caused increasing congestion and safety problems within the project area. Current traffic counts exceed capacity on SR 161 and are expected to continue to rise as south King County and north Pierce County grow. These facts, combined with the safety problems stemming from loop ramps that do not meet current design guidelines, have resulted in congestion and higher accident numbers. 3.0 EXISTING CONDITIONS 3.1 Overview The Triangle project area is located within the City of Federal Way and is bounded roughly to the north by South 336th Street, to the east by Weyerhaeuser Way, to the south by SR 161, and to the west by Enchanted Parkway South. The entire project area is located within the West Branch and East Branch subbasins of Hylebos Creek (Figure 3). Land uses within the surrounding area consist of (1) high -intensity commercial and residential development that is primarily concentrated in the western portion of the project area, and (2) relatively undeveloped urban open space in the eastern half of the project area (Figure 3). Conditions in the general vicinity of the project are typical for highly developed areas with large amounts of paved surfaces, high levels of traffic, fragmented natural resource systems, and extensive stormwater management. The discussion that follows focuses on the area that extends 200 feet from the edges of the existing pavement of the affected corridors. Project staff chose this distance to determine the extent of the project area. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Projects February 2009 Washington State Department of Transportation L'' e• ---- Page 5 PAGE S GF 4 7- Federal Way f 99 I Remove loop Daylight 256 feet - Remover existing culvert i Culvert Extension (50 feet) i Culvert Extension \ (50 feet) e r o Fill existing channel 1 (495 feet) 0016A Realignment l open channel J + 1-5 cross -culvert (485 feel) ' extension 1 (85 feet) I ' i r � � New Culvert ' (65 feet) , 0016A Realignment open channel 00 feet) 1 6 I Weyerhaeuser Pond O a 4� King County North Lake I Lake Killarney Legend Figure 2 Project Limits Overview of In -Water Work C7 Draft Stream Mitigation Plan Daylight Stream 1-5/SR 161 /SR18 Triangle Improvements --------- Channel Realignment 0 500 1,000 Feet � New Culvert/Culvert Extension G I I I I I EXHIBIT PAGE_ LEGEND: East Branch Hylebos Creek Subbasin West Branch Hylebos Creek Subbasin Corringtion Mitigation Site Figure 3 Project Area Drainage Subbasins Draft Stream Mitigation Plan 1-5/SR 161/SR18Triangle Improvements Project Area Streams 00, 0.25 0.5 Miles ® City Limits PAGg! U _ Uri 3.2 Streams 3.2.1 Hylebos Creek Basin The Triangle project area is situated in the upper reaches of the Hylebos Creek basin, which is part of the Puyallup/White Water Resources Inventory Area (WRIA)10. The 18 square miles of the basin are drained by more than 25 miles of streams in three major subbasins: West Branch (Tributary 0015), East Branch (Tributary 0016), and Lower Hylebos Creek (King County 1991; BERGER/ABAM 2006). Most of the Triangle project lies within the East Branch Hylebos Creek subbasin (Figure 2). Some project improvements west of I-5 lie within the West Branch Hylebos Creek subbasin. The Lower Hylebos Creek subbasin, which contains no project improvements, is south of the project area and includes the confluence of the Tributary 0016 and Tributary 0015 and other minor tributaries that eventually discharge to Commencement Bay through the Hylebos Waterway. Hylebos Creek was once a productive lowland stream that supported large runs of coho, chum, and Chinook salmon as well as steelhead and cutthroat trout (King County 1991). Significant land use changes have caused severe degradation to the surface waters of the basin. King County's 1991 basin plan identified threatened aquatic systems in the basin, including the Tributary 0016 ravine reach, which is the best area of existing fish habitat in the East Branch subbasin. The ravine reach of Tributary 0016 is located between the King/Pierce county line and Tributary 0015, which merges with Tributary 0016 about 0.7 mile south of SR 161 and the project area. This reach is located in a less developed, forested area in and just north of the City of Milton. A well -developed tree canopy shades the stream and serves as a source of recruitment for in -channel large woody debris. Gradients in the ravine reach of Tributary 0016 are steeper than the low gradients associated with tributaries 0016 and 0016A north of SR 161 and the stream is subject to erosion due to the presence of easily eroded sand and gravel of the Vashon advance outwash soils (King County 1991). In the early 1990s, observers recognized that the increased flows, sediment loads, and water quality degradation resulting from development were increasing erosion and sedimentation and degrading water quality that reduced the quality of fish habitat (King County 1991). Because of numerous fish passage barriers and the poor habitat that has resulted from intermittent flows, salmonid use of tributaries 0016 and 0016A in the project area is limited to resident cutthroat trout in Tributary 0016 (BERGER/ABAM 2007). Barriers at SR 161 and at culverts just north of the road crossing prevent salmonid species from using tributaries 0016 and 0016A within the project area. Tributary 0015 supports Chinook, coho, and chum salmon, as well as steelhead and cutthroat trout. Surface water from a small portion of the project area west of I-5 (proposed South 356th Street offramp) will drain into the West Branch subbasin (Figure Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 - SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation EXH ��T I Page 8 PAS ' 6M_cr, 3). Mitigation for project activities would take place at the Corrington mitigation site, also located in the West Branch subbasin. 3.2.2 East Branch Hylebos Creek Subbasin Tributaries 0016 and 0016A, both tributaries of the East Branch Hylebos Creek, are located within the area of effect of the Triangle project (Figure 3). Both tributaries are located within the East Branch Hylebos Creek subbasin. Several area and project documents address the characteristics of these streams. ■ Executive Proposed Hylebos Creek and Lower Puget Sound Basin Plan (King County 1991) E SR 161 Hylebos Creek Stream Survey, OL 2713 (WSDOT 1997) * I-5 — SR 161/SR 18 Triangle Improvements Water Resources Discipline Report (BERGER/ABAM 2006) s I-5 — SR 161/SR 18 Triangle Improvements Fish, Vegetation, Wildlife, and Habitat Discipline Report (BERGER/ABAM 2007) rr I-5 — SR 161/SR 18 Interchange Improvements Phase 1 Hydraulics Report (BERGER/ABAM 2008a) * I-5 — SR 161/SR 18 Interchange Improvements Fish Evaluation Passage Report (BERGER/ABAM 2008b) Table 1 below presents information about the streams and notes the regulated stream setback width in the project area. The stream setback is set by the City to protect the stream and its functions from adjacent development (City of Federal Way Zoning Code 22-1306). Tributaries 0016A and 0016 are considered by the City to be "major streams" under the zoning code with a 100400t setback from the ordinary high water mark (OHWM) on each side of the stream. The regulated stream setback is sometimes referred to as a stream buffer or riparian area or zone. For convenience, this document refers to the 100-foot area on each side of the stream as the riparian area and riparian habitat. 3.2.3 Tributary 0016A The following stream description of Tributary 0016A comes principally from the I-5 — SR 161/SR 18 Triangle Improvements Fish, Vegetation, Wildlife, and Habitat Discipline Report (discipline report) (BERGER/ABAM 2007). Tributary 0016A originates in the vicinity of The Commons at Federal Way and flows directly south, roughly paralleling I-5 (Figure 3). South of South 336th Street, the channel runs parallel and adjacent to I-5, sometimes within 10 feet of the toe of the road embankment. Although most of this reach is confined to a narrow riparian corridor, shading is fairly good because of the dense tree growth. However, between South 341st and South 336th streets, there is a wide riparian zone. Nearly all of this reach was channelized during the construction of I-5. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project EXHIB�� j' February 2009 Washington State Department of Transportation `!— Page 9 PAGE 0- F� Tnhla I Straamc in the Prnlert Area Stream Stream Type Salmonid- Bearing in Project Area ` Intermittent, Perennial, Seasonal Fish Passage Barriers Section 303(d) list Riparian Area/ Regulated Width of Stream Setbacktz) Tributary King County Yes. Perennial Several Downstream 100-foot setback 0016 Class 2 with Resident barriers Hylebos salmonids Cutthroat downstream Creek listed trout present and in for fecal No project area coliform anadromous salmonids due to barriers Tributary King County No (1) Intermittent, Several Downstream 100-foot setback 0016A Class 2 with seasonal barriers Hylebos salmonids(1) downstream Creek listed and in for fecal project area coliform M King County designates Tributary 0016A as a Class 2 stream with salmonids; however, salmonid presence is highly unlikely due to flashy hydrology and stream surveys have not documented their presence (WSDOT 1997). (2) City of Federal Way Zoning Code 22-1306 The riparian trees are now over 40 years old and encroach into the channel, creating pools during high flows where roots catch debris and form scour pools. The underlying layer (substrate) of the stream is composed primarily of fairly clean, small- to medium - size gravel. The reach has few food sources for resident fish, as the discipline team conducting the field investigation found no aquatic insects. Just north of the SR 18 interchange, the stream runs through a long culvert and around the edge of a new stormwater detention/treatment facility. During a site visit in June 2005, the discipline team observed that the culvert entrance was partially plugged with branches and leaves, which may be evidence that plugging often happens at this location. Upstream of this point, there is a reach, perhaps 50 yards long, where the stream bottom and banks are inundated with thick deposits of mud, with ponded areas at least 3 to 4 feet deep. Shading in this reach is good despite the narrowness of the riparian zone. Habitat in this reach is poor because of the heavy sediment deposition. The culvert on the downstream side of the southwest SR 18 interchange is perched (elevated), and is thus impassable by fish. The channel in the stream reach behind Costco and Home Depot, south of the SR 18 interchange, is elevated about 8 to 10 feet above the parking lots and buildings. The channel is confined between the buildings and I-5 in a narrow channelized corridor. Shading in this reach is good despite the narrowness of the riparian zone. The stream substrate is predominantly clean gravel with low amounts of siltation. There are a few quality pools formed by the root masses of trees on the streambank. Photos 1 through 3 show the typical condition of the stream in this area. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 t �� I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 f, Washington State Department of Transportation EXH�r Page 10 P�ifl GE-LZL.O1 Photo 1- Tributary 0016A in back of Costco. Culvert outlet from the southwest cloverleaf ramp of SR 18. The wading staff to the left of the culvert is 6 feet tall. Photo 3 - Tributary 0016A just downstream of the 1-5 culvert. Water flows slowly through the reed canarygrass. Photo 2 - Typical riffle in Tributary 0016A. Photo 4 - Inlet of Tributary 0016A culvert under 1-5. Near South 356th Street, the stream channel becomes exposed and is choked with reed canarygrass (Phalaris arundinacea), the dominant riparian plant in this area. At this point, Tributary 0016A crosses under I-5 (see Photo 4). On the east side of 1-5, the channel widens and is lined and choked with thick reed canarygrass here as well. The center of the channel is about 4.5 feet wide and contains pea gravel and small gravel that is fairly clean, at least on the surface. The discipline team could not observe the substrate condition, but it is undoubtedly silty; this condition exists from the I-5 crossing down to the stormwater pond access road off South 360th Street. The access road culvert and the South 360th Street culverts are impassable because of slope and water velocity characteristics. Both culverts were dry when visited. Because of the number and the condition of the culverts, as well as the poor habitat conditions, it is doubtful that fish could use this section of the tributary for spawning and rearing. Fish that are stranded here would not survive the seasonally dry Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation Exam, 1701 1T Page 11 conditions within the reach, except perhaps in deep pools (two pools were observed in March 2006). Tributary 0016A drains a major portion of the runoff from the project area. A series of ditches and culverts collects runoff from both the east and west sides of I-5 and conveys it to Tributary 0016A. The lack of a perennial headwater source (such as a wetland or a lake) combined with the high proportion of impervious surface in the immediate subbasin result in rapid, high peak stream flows occurring with precipitation events. This situation results in highly flashy flow conditions in response to rain events (WSDOT 1997; BERGER/ABAM 2006, 2008a, 2008b). Stream gage data (Figure 4) show periods of zero flow from May to September and little to no base flow during the winter months (BERGER/ABAM 2008b). Draft Stream Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation BERGER/ABAM, FAPWT-04-064 February 2009 J . . T Page 12 z 3.00 e y 2-50 S 2.00 z 1 50 t� Z 1.00 - 0.50 ) f a 0.00 M A N F M A N F M A N F M A N F M 1995 1995 1995 1996 1996 1996 1996 1997 1997 1997 1997 1998 1998 1998 1998 1999 1999 OBSERVED DAILY PRECIPITATION: LAKE DOLLOFF PRECIPITATION GAGE 40.0 ------OBSERVED 1 35.0 v 30.0 r i m c � zC.)25.0 LU w z UJ 20.0 5 5 r r 1 Q IL =Ci 15.0 N U. p 10.0 ` 1 � �f � l 5.0 ;Y • r • .14 �; 1 00 M A N F M A N F M A N F M A N F M 1995 1995 1995 1996 1996 1996 1996 1997 1997 1997 1997 1998 1998 1998 1998 1999 1999 OBSERVED AVERAGE DAILY DISCHARGES: EAST FORK HYLEBOS TRIBUTARY 0016A KING COUNTY STREAM GAGE 24E SOURCE: King County Hydrologic Information Center (2007) Figure 4 Observed Flow Data for Tributary 0016A 1-5/SR 161/SR18Triangle Improvements Draft Stream Mitigation Project Pathway EXI ��u{4 A --I-- PAGE=��� Tributary 0016A has limited capability to support fish and other aquatic life because of the stream's intermittent and flashy flow (WSDOT 1997). These characteristics could result in fish stranding and high stream temperatures during low or zero flows and in channel scouring, increased turbidity, and lack of spawning substrate during high flows. Several culverts in the project area prevent the upstream passage of salmonids into the project area. These fish passage barriers include several additional culverts just north of SR 161 (south of the previously referenced South 360th Street culverts), the I-5 cross - culvert, and culverts associated with the I-5/SR 18 interchange. Analysis of velocity and depth guidelines for fish passage indicates that the I-5 culvert is a velocity barrier for adult salmon migration and a depth barrier for downstream salmon migration (BERGER/ABAM 2008b). Stream survey results reported in the I-5 — SR 161/SR 18 Triangle Improvements Project Fish, Vegetation, Wildlife, and Habitat Discipline Report (BERGER/ABAM 2007) indicate that the average width of the channel of Tributary 0016A ranges from 5 to 15 feet and its depth averages 0.5 to 1.25 feet (see Photo 5). An electrofishing study by King County staff in 1996 and 1997 identified no salmonids in Tributary 0016A. The study report noted that even insect life was "limited" (WSDOT 1997). Project -related stream surveys also noted the absence of aquatic insects (BERGER/ABAM 2007). Photo S. Tributary 0016A north of the SR 18/1-5 Interchange. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project � February 2009 Washington State Department of Transportation E 1 7. Page 14 PAGE _LI�Q 3.2.4 Tributary 0016 The following stream description comes principally from the I-5 — SR 161/SR 18 Triangle Improvements Project Fish, Vegetation, Wildlife, and Habitat Discipline Report (BERGER/ABAM 2007). Tributary 0016 starts at North Lake and flows into Weyerhaeuser Pond. From there, the stream passes under the Weyerhaeuser Corporate Headquarters building and a grass field in a culvert about 0.5 miles long (see Photo 6). Downstream of the culvert outlet is a short reach of channel that flows through a thick riparian corridor down to the culvert under SR 18. The SR 18 crossing consists of two culverts (see Photo 7). Analysis of velocity and depth guidelines for fish passage indicates that the SR 18 culverts are velocity barriers for adult migration and depth barriers for downstream migration (BERGER/ABAM 2008b). These culverts will not be modified or extended by the project. Below SR 18, the channel is fairly low gradient and dominated by silt. The stream condition within this reach is dominated by shallow pools or slow water conditions (see Photo 8). The riparian area is generally wide, except where houses have encroached down to the stream channel and shading is generally good. A local resident reported seeing a dead 5-inch trout within this reach (BERGER/ABAM 2007). Farther downstream at the South 354th Street crossing, the stream channel is covered by a narrow strip of dense riparian growth. This stream reach resembles the riparian corridor in the previous reach. The culvert under SR 161, which is outside the project area, is perched and impassable. Tributary 0016 has a history of coho salmon use and current use by cutthroat trout (WSDOT 1997; WSDOT 2007). An electrofishing study by King County staff in 1996 and 1997 identified no salmon in Tributary 0016 (WSDOT 1997). 3.3 Riparian Vegetation While the surrounding area has been subject to extensive high -intensity commercial and residential development, the uplands immediately adjacent to most of the project alignments exist as maintained highway right-of-way (ROW), urban forestland, and open space. These uplands have been subject to varying amounts of manipulation in the form of historic logging and agricultural practices, disturbance from past road construction activities, and ongoing road ROW maintenance. Except in a few locations, the first 50 feet of area adjacent to the existing roadway and gravel shoulders generally exists as a regularly mowed and maintained lawn area. Outside the immediate ROW, vegetation within the project area varies greatly and ranges from heavily impacted areas dominated by monotypic stands of Himalayan blackberry (Rubus armeniacus) or reed canarygrass to relatively undisturbed upland forestland with an overstory of Douglas fir (Pseudotsuga menziesii), big -leaf maple (Acer macrophyllum), and red alder (Alnus rubra). Draft Stream Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation BERGER/ABAM, FAPWT-04-064 February 2009 EXHIIT Page15 Photo 6. Looking at the Weyerhaeuser Corporate Photo 7. Mud -filled pool at outlet of Tributary 0016 Headquarters building from the culvert outlet of Tributary culvert under SR 18. The pool is backwatered by an 18- 0016. This culvert extends all the way across this field inch -high rock weir about 50 feet downstream. The rock and under the building to Weyerhaeuser Pond. dam is outside of the SR 18 right-of-way. Photo 8. Typical mud -bottom glide habitat on Tributary 0016 downstream of SR 18. Note house on right. I-5 — SR 161/SR 18 Triangle Improvements Project Fish, Vegetation, Wildlife, and Habitat Discipline Report (BERGER/ABAM 2007) characterizes the plant communities in the project area and ROW. Six communities were identified and mapped in the study area. ■ Wetland ■ Riparian ■ Meadows/grassland ■ Developed/cleared land R Mixed deciduous/conifer • Maintained ROW Vegetation communities along tributaries 0016A and 0016 are a patchwork of mixed deciduous/conifer, developed/cleared land, riparian, wetland, and maintained ROW. The descriptions of the tributaries in the previous section provide relevant observations Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation E X I � IT 1 Page 16 about the riparian areas. Some stream reaches include a well -developed riparian area that shades the stream and supports wildlife. Although the stream was channelized about 40 years ago with the construction of I-5, the riparian trees have encroached into the channel and created scour pools at some locations. Photo 9 shows a section of Tributary 0016A through the channelized section south of the SR 18/I-5 interchange. Other areas have been cleared and are dominated by reed canarygrass with limited habitat value. Photo 9. Tributary 0016A south of the SR 18/1-5 Interchange. Note log weir and streambank stabilization with rock. Riparian areas are interrupted, particularly through the cloverleaf SR 18 interchange, at crossings of SR 18 and I-5, and where the stream is located in culverts. Figure 5 shows these breaks in the riparian areas along the tributaries. Before Tributary 0016A enters the culvert that passes under I-5, there are fewer trees and reed canarygrass dominates the riparian area and stream channel. On the east side of I- 5, downstream of the I-5 culvert, maintained ROW and mixed deciduous/conifer communities dominate the riparian vegetation south to SR 161. Draft Stream Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation EwXIP BERGER/ABAM, FAPWT-04-064 February 2009 Page 17 PAGE 20 UFO SOURCE: LEGEND: Riparian Area (100-foot setback) !_ Existing Culvert Project Area Streams =vT City Limits Figure 5 Existing Riparian Habitat Areas 1-5/SR 161/SR18Triangle Improvements Draft Stream Mitigation 0 1,000 2,000 Feet Project Pathway n py pp 4.0 STREAM AND RIPARIAN AREA IMPACTS 4.1 Permanent Stream Impacts Extending culverts and placing fill within the stream channel as part of the project will result in permanent impacts to Tributary 0016A. Figure 6 shows the locations of these permanent stream impacts to Tributary 0016A and notes the project features associated with them. Table 2 presents estimates of permanent project construction impacts on Tributary 0016A by activity and construction phase. Table 2. Permanent Stream Channel Impacts Construction Activity Phase 1 Phase 2 Total Lineal Feet Lineal Feet Lineal Feet Culvert extensions 85 100 185 Channel abandoned and filled 495 - 495 New culvert - 65 65 745 The project will have no permanent impacts on the stream channel of Tributary 0016. 4.1.1 Culverts Culvert extensions will occur in association with the following project features (Figure 2). E New southbound offramp from I-5 to South 348th Street. The culvert that carries Tributary 0016A under South 348th Street will be extended to the north by 50 feet. ■ New southbound onramp to I-5 from South 348th Street. The culvert that carries Tributary 0016A under the existing onramp will be extended to the south by 50 feet. ■ I-5 cross culvert. The culvert carrying Tributary 0016A from the west side of I-5 to the east side will be extended to the west by 85 feet. ■ A new culvert (65 If) carrying Tributary 0016A will be required at the location of the proposed South 356th Street offramp. The project does not propose to retrofit the culverts conveying Tributary 0016A because the upper reaches of Tributary 0016A lack sufficient water levels, are subject to flashy stream flows, and lack suitable fish habitat. Draft Stream Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation H BERGER/ABAM, FAPWT-04-064 February 2009 Page 19 Federal Way I 99 i Culvert Extension I (50 feet) V Culvert Extension (50 feet) Fill existing channel (495 feet) I-5 cross -culvert extension (35 feet) NewCuive rt (65 feet) 6 North Lake Weyerhaeuser Pond i 0 King County Lake Killarney r igure o Stream Impacts Draft Stream Mitigation Plan Legend 1-5/SR 161/SR18 Triangle Improvements Project Limits 0 500 1,000 Feet New Culvert/Culvert Extension I I t I _ 4.1.2 Tributary 0016A Channel Fill Widening for the CD road between southbound I-5/westbound SR 18 and SR 161 and new ramps to SR 161 at South 356th Street and South 359th Street will require extensive amounts of grading and roadbed preparation. The existing road alignments and the location of the Tributary 0016A channel mean that making the proposed transportation improvements will result in permanent impacts to Tributary 0016A. The necessary grading activities will result in the abandonment and filling of approximately 495 feet of Tributary 0016A. 4.1.3 Stream Function Impacts Extending culverts that carry Tributary 0016A under existing roadways will eliminate 250 feet of open stream channel at the locations shown in Figure 6. The stream channel provides low habitat functions as result of extended periods of low or non-existent flows (see Photo 10). Other factors that contribute to its poor quality include precipitation - driven flashy peak flows and related channel scour, periods of high turbidity, sedimentation, and the lack of spawning substrate. Photo 10. Dry channel of Tributary 0016A in October 2005. Location of picture is west side of 1-5 south of the SR 18/1-5 interchange near the location of the proposed southbound offramps to SR 161 at South 356th Street. Channel fill and abandonment will require a relocated/realigned channel to maintain the stream's hydraulic and habitat functions. The proposed new channel construction can Draft Stream Mitigation Plan I-5 - SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation EXHIBIT .t BERGER/ABAM, FAPWT-04-064 February 2009 Page 21 4.2 be done "off line" to avoid water quality impacts to downstream waters. The proposed new channel and associated riparian area alignment will be completed at the same time as the abandonment of the existing channel alignment. Temporary stream function impacts are anticipated because of the organic input will be reduced and macroinvertebrates will be lacking while vegetation becomes established along the new stream corridor. Riparian Impacts The project activities will result in permanent and temporary impacts to the riparian vegetation associated with tributaries 0016A and 0016 (Figure 7). These impacts will result in a permanent loss of vegetation within riparian areas where new facilities are built. Temporary impacts will result from the need to clear vegetation to allow construction access. The construction of a stormwater pond will result in permanent riparian area impacts to Tributary 0016, on the south side of SR 18. Temporary impacts to the riparian area of Tributary 0016 may be required to construct a retaining wall on the north side of the SR 18 stream crossing. This riparian area is also regulated as buffer for Wetland M. Mitigation for these temporary impacts is addressed in the wetland mitigation plan (BERGER/ABAM 2008c). Table 3 presents estimates of permanent and temporary impacts to riparian areas resulting from the permanent placement of project facilities and temporary construction activities. The estimate for temporary riparian area impacts includes expected staging areas and a 15-foot offset from the base of permanent improvements. Following construction, these temporary impact areas will be replanted and restored. Permanent riparian area impacts from project facilities, such as walls, foundations, and road embankments, are also included in the table. The impact acreages include buffer areas that are also regulatory wetland buffers due to the presence of wetlands within the riparian areas. Table 3. Permanent and Temporary Ri arlan Buffer Area Impacts acres Impacts to Phase I Phase II Total Amount of Riparian Buffer Areas Riparian Buffer Areas Riparian Buffer Areas Impact Permanent Tributary 0016A Impacts 1.62 2.82 4.441 Temporary Tributary 0016A Impacts 0.42z 0.86 1.283 Permanent Tributary 0016 0.20 0.20 Impacts I Includes 0.43 acre of impact to shared wetland buffers 2 An additional .21 acres of temporary impacts will occur in phase I but will become permanent in Phase II. They are only accounted for as permanent impacts. 3 Includes 0.26 acre of impact to shared wetland buffers Draft Stream Mitigation Plan I-5 - SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation EXICHIStIT- PAGE�5 F BERGER/ABAM, FAPWT-04-064 February 2009 Page 22 North Lake Fede a I Way Weyerhaeuser — Pond 0016A Riparian Area Encroachment (0.37 acre) 1 I 0016A Riparian Area Encroachment (0.9 acre) i 1• ! 0016 Riparian Area Encroachment 0016A Riparian Area, (0.20 acre) Encroachment (2.47 acre) "r ; r King County lake 0016A Riparian Area f Killarney / Encroachment ; (0.20 acre) r f 0016A Riparian Area l Encroachment (0.50 ac re) + i r fi 6 ; Legend Figure 7 Project Limits Riparian Area Impacts 100 11 Riparian Area Draft Stream Mitigation Plan -- - — - —• Stream 1-5/SR 161 /SR 18 Triangle Improvements Riparian Encroachment Areas G0 500 },Oi70 Feet f I i i I E 1, IT- 5 PAGE IALOF� Temporary impacts will involve vegetation clearing to allow access by construction equipment and will introduce noise and other disturbances to these stream riparian areas. These impacts will disrupt small mammal and bird usage temporarily until vegetation becomes re-established along the edge of the remnant community. Because all construction activities can be accomplished when stream flow is very low or can be bypassed easily from active work areas, they likely will have little impact on water quality in Tributary 0016A or downstream branches of Hylebos Creek. Construction activities within riparian areas would increase the potential for the spread of nonnative invasive and noxious plant species (BERGER/ABAM 2007). However, WSDOT will plan and implement appropriate revegetation measures to minimize this potential. 4.3 Stream Impact Summary The Triangle project will not affect the stream channel of Tributary 0016 directly but will permanently encroach on its stream setback area. The construction of the retaining wall at the stream crossing of SR 18 may alter the vegetation in the setback area of Tributary 0016 temporarily, but this alteration will be minor in extent. Construction of the Triangle project will have the following impacts on the stream channel of Tributary 0016A and its associated riparian area within the regulated 100-foot setback area. ■ The project will enclose 250 feet of Tributary 0016A in new culverts (65 feet) and culvert extensions (185 feet) (Figure 6). ■ 495 feet of Tributary 0016A will be filled and the stream relocated (Figure 6). ■ Encroach into an estimated 4.44 acres of riparian habitat, principally mixed deciduous/conifer forest, Himalayan blackberry thickets, and roadside grass fields (Figure 7). a The project will temporarily impact an estimated 1.28 acres of riparian area along Tributary 0016A. ■ Retention of existing fish passage barriers at project area culverts on Tributary 0016A. 5.0 STREAM MITIGATION ACTIVITIES 5.1 Overview The development of the Triangle project has involved a multidisciplinary approach that included engineering and environmental disciplines. As the project developed, the project team identified a range of alternatives to reduce congestion and improve safety. They were screened in a two-phase process with 28 criteria, including environmental criteria. The proposed build alternative received the top score in the environmental effects category by keeping most of the improvements within the existing ROW and causing the fewest impacts to the natural environment. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project g:17 February 2009 Washington State Department of Transportation E X H I '�I fi Page 24 f AvlE !` Even so, some unavoidable impacts to stream resources will occur as a result of project construction. The following discussion proposes several mitigation activities aimed at offsetting project impacts to project area streams and associated riparian habitat. The intent of this list is to provide conceptual descriptions of the offsetting mitigation activities to further discussion among members of the project team and reviewing agency staff. 5.2 Mitigation Approach The Triangle project took a watershed/landscape approach to mitigate impacts caused by construction. This approach does not necessarily result in a 1:1 ratio of impacts to mitigation; however, it does address existing habitat limiting factors, such as the flashiness of the stream and the water quality of the runoff. Mitigation activities include stormwater quality and quantity retrofits, removal of existing culverts, and creation of new stream and riparian habitat within the project limits. The project will also provide mitigation for existing fish passage barriers through the creation of fish habitat at the Corrington mitigation site. Table 4 summarizes project impacts and corresponding mitigation. Table 4. Impact and Mitigation Summary 5.3 Activity Impact Mitigation Stream Channel a 185 ft culvert extension • Stormwater control and and Buffer . 495 ft channel fill treatment retrofit for 34.10 acres of impervious surfaces. 65 ft new culvert ' 2.45 acres buffer enhancement • 4.44 acre riparian buffer loss and creation • 515 ft of new channel • 250 ft of culvert removal and channel restoration Fish Passage . Retain existing fish passage • 1.08 acre riparian buffer barriers enhancement • 412 If/0.19 acre off -channel stream habitat Stormwater Quality and Quantity Retrofit In addition to building facilities to detain and treat the project's proposed 14.7 acres of new impervious surfaces, the Triangle project will provide water quality and stormwater control for 34.10 acres of existing impervious surfaces of I-5 and SR 18. Much of the runoff from SR 18 and 1-5 is currently collected by catch basins and roadside ditches and is conveyed, untreated, directly to tributaries 0016 and 0016A. The recently completed SR 5 Pierce County Line to Tukwila I/C — HOV Stage 4 project included collection, treatment, and detention of runoff from the new pavement, as well as a portion of the existing I-5 pavement, that drains to the median. This project will incorporate similar improvements for SR 18 and I-5. The proposed stormwater facilities include a combination of treatment, detention, and conveyance improvements, including: Draft Stream Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation BERGER/ABAM, FAPWT-04-064 February 2009 Page 25 PAGE=�� w Media filter drains for treatment of highway runoff ■ Constructed wetland/ponds (one new and two reconstructed) for detention and treatment a Vault for detention and treatment • Enclosed drainage systems for conveyance ■ Channel realignment for conveyance of Tributary 0016A (Section 5.4) These proposed facilities address both the water quality and water quantity limiting factors listed for East Branch Hylebos Creek in the WRIA 10 Salmon Habitat Report (Kerwin 1999). The type of treatment varies between the drainage basins within the project area (Figure 8). Enhanced treatment is required for highways that discharge to streams by the WSDOT Highway Runoff Manual (HRM)(June 2008) and involves methods that remove dissolved metals as compared to basic treatment which only removes total suspended solids. 5.3.1. Basin B The proposed stormwater facility for Basin B is a combined wet/detention pond in the southwest loop of the I-5/SR 18 interchange. Tributary 0016A and Wetland U are located in the center of the loop. Pond B would be located in the western portion of the loop to reduce stream effects to Tributary 0016A. Stormwater runoff from most of SR 18 and ramps to and from I-5 currently sheet flows into ditches that parallel SR 18 and is discharged directly into Tributary 0016A. A proposed stormwater conveyance system, consisting of storm drainpipe and structures, will collect the runoff from SR 18 and all new impervious surfaces and convey it to Pond B for detention and treatment. 5.3.3 Basin C The proposed stormwater facility for Basin C is a combined stormwater treatment wetland/detention pond located south of SR 18 and west of Tributary 0016. Stormwater runoff from SR 18 and ramps to and from Weyerhaeuser Way currently sheet flows into ditches and storm drainpipes that parallel SR 18. A proposed stormwater conveyance system will collect the existing runoff from SR 18 and all new impervious surfaces and convey it to Pond C where it will be treated and detained prior to discharge into Tributary 0016 near the downstream side of the parallel SR 18 Culverts. In addition, 1,165 linear feet of media filter drain will be used to provide treatment in this basin. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 - SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation EX H I IT Page 26 PAGE LLOF `, S 33fiTH ST / NORTH r LAKE r WEY M USER aaN FE RAL WAY BASIN R S r w oA5lN i C SR99 1 r BASIN B / BA I N I f SR78 -- f — o - - 1 LAKE BASIN D BASIN S KRLWWY BASIN G I RIsi O N — M LAKE Figure 8 Stormwater Drainage Basin Map Draft Stream Mitigation Plan Legend 1-5/SR 16I/SR18 Triangle Improvements 0 City Limits 0 500 1,000 Feet Streams I r r r I EXHISIT PAGE 3 OFF 5.3.7 Basin D The proposed stormwater facility for Basin D is a vault in the northwest comer of the South 356th Street/SR 161 intersection. Stormwater runoff from SR 161 currently flows north through the South 356th Street/SR 161 intersection in a closed conveyance system without any treatment or detention. Runoff from improvements to this intersection and the South 356th Street offramp will be collected and treated in a vault in the northwest corner of the intersection. The addition of the vault will provide water quality and detention for the new impervious surface and compensatory area from Basin G. Due to ROW limitations and the urban development along SR 161, no property was available for an above -ground facility. The existing conveyance system will be retrofitted for the proposed improvements along SR 161 and the South 356th Street/SR 161 intersection. The stormwater from the vault will be discharged back into the enclosed system that conveys stormwater north along SR 161. 5.3.6 Basin G The stormwater for Basin G will sheet flow off the roadway into ditches. Compensatory treatment and detention will be provided in Basin D. A detention facility was not practical in Basin G because of limited ROW. The outfall from Basin G is approximately 2,500 feet south, making it not cost-efficient to convey the stormwater to the HOV pond located near the southbound weigh station. 5.3.5 Basin I The proposed stormwater facility for Basin I is a vault in the southwest corner of the South 348th Street/ SR 161 intersection. Stormwater currently sheet flows into roadside ditches that parallel SR 18 and flow towards South 348th Street entering an enclosed system. The stormwater runoff on the north side of SR 18 will tie into the existing system at South 348th Street. Runoff from the south side of SR 18 will be collected and treated using media filter drains, storm drainpipe, and structures. Due to ROW restrictions, a stormwater pond was not a viable option. 5.3.2 Basin R The stormwater retrofit for this basin will be accomplished by expanding the existing Pond R located on the west side of I-5 north of South 344th Street which was constructed for the SR 5 Pierce County Line to Tukwila I/C — HOV Stage 4 project. Stormwater runoff from the crown of the northbound lanes currently sheets flows into ditches and is discharged directly to Tributary 0016A. A new stormwater conveyance system will be constructed to collect and convey this stormwater to the expanded Pond R for treatment and detention prior to discharge to Tributary 0016A. 5.3.4 Basin S The proposed stormwater facility for Basin S is the expansion of Pond S, which was constructed for the SR 5 Pierce County Line to Tukwila I/C HOV — Stage 4 project. Pond S is located east of I-5 and north of SR 161. Pond S is a combined stormwater treatment wetland/detention pond. Stormwater runoff from the crown of the southbound lanes to the outside edge of pavement currently sheet flows into ditches that parallel I-5 and Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project February 2009 Washington State Department of Transportation '■ Iqr n IT Page 28 discharge the untreated runoff directly into Tributary 0016A. A proposed stormwater conveyance system will collect the runoff from the existing two lanes and all new impervious surfaces in Basin S and convey it to Pond S for detention and treatment prior to discharge to Tributary 0016A. Table 5 summarizes the new impervious surface areas by basin and the total area proposed for basic and enhanced treatment. Table 5. Stormwater Treatment Summary Drainage Basin New Impervious (acres) Basic Treatment Provided (acres) Enhanced Treatment Provided (acres) B -1.2 8.6 8.6 C 5.1 6.3 6.3 D 1.3 2.6 0 G 0.9 0 0 1 0.3 1.7 0 R 3.0 10.4 10.4 S 5.9 8.8 8.8 Totals 12.8 38.4 34.1 These proposed features will provide significant improvements to projected annual pollutant loads delivered to Hylebos Creek. Table 6 compares annual pollutant loads of the build alternative versus the no -build alternative. The proposed project would reduce annual total suspended solids (TSS) pollutant loading by approximately 30 percent, phosphorous loading by 7%, zinc loading by 241/o, and copper loading by 28% when compared to the no -build alternative. Table 6. Comoarlson of Annual Pollutant Loads (Pounds per Year) Watershed Basin No -Build Alternative TSS Total Ph Total Zn CU West Branch of Hylebos Creek 16,529 34 10 2 Tributary 0016A 32,089 67 20 4 Tributary 0016 4,520 9 3 1 Totals 53,138 110 33 1 7 Watershed Basin Build Alternative TSS Total Ph Total Zn CU West Branch of Hylebos Creek 10,653 29 7 2 Tributary 0016A 22,275 62 15 3 Tributary 0016 3,990 11 3 1 Totals 36,919 102 25 5 Draft Stream Mitigation Plan I-5 - SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation EXI'�� T RAGE? BERGER/ABAM, FAPWT-04-064 February 2009 Page 29 The added detention will help address the highly flashy flows characteristic of Tributary 0016A and provide a more regulated downstream discharge during and after precipitation events, which are the principal driver of the tributary's flows. Figure 9 presents the effect of proposed Pond S (located east of I-5 north of SR 161 within Basin S). The figure shows a series of small precipitation events in April 1997 and the effect of the detention pond. The analysis for Pond S shows a reduction of the hourly peaks by approximately 20%. Treatment facilities planned in other basins are expected to see similar results. The runoff peaks will be detained and spread out, which will provide a steadier discharge rate into the stream. The moderated flows discharged from the project detention facilities and the water quality improvements provided by the project's drainage facilities will potentially reduce erosion and improve water quality in downstream reaches of Hylebos Creek where higher quality fish and aquatic habitat exists. The "ravine reach" of Tributary 0016, in particular, has been identified as an area of good fish and aquatic habitat. The reach, however, has been affected by increased peak flows and pollution generated by rapid land use development in upstream areas, including the project area. The project proposes drainage facilities that will reduce channel erosion and sedimentation and increase water quality in Hylebos Creek downstream from the project area to the benefit of fish and other aquatic life. 5.4 Stream Relocation and Restoration The Triangle project will create and/or restore approximately 765 feet of seasonal stream habitat in phases 1 and 2 of construction. Approximately 250 feet of stream restoration will come from culvert removal and 515 feet from channel relocation. In Phase 1, the project will fill and abandon about 495 feet of the existing channel of Tributary 0016A and realign the channel as shown in Figure 10. A new approximately 580-foot channel will meander to the west to allow for the new offramp from I-5 to SR 161 at South 356th Street. The new channel will meander back south and east through the new offramp embankment to the existing I-5 culvert, which will be extended. Phase II will install a new 65-foot-long culvert for the construction of the South 356th Street ramp, reducing the total length of the channel to 515 feet. This culvert will be designed and sized to satisfy fish passage design criteria consistent with the WSDOT Hydraulic Manual and the WDFW Design of Road Culverts for Fish Passage. Draft Stream Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation ?A �7 1 IT, -: PAGE 33 0i BERGER/ABAM, FAPWT-04-064 February 2009 Page 30 p 0.35 Z ------- PREDEVELOPED 0 0 30 to 1 yy POSTDEVELOPED a 025 X : W U- 020 i 1 1 r e / s 1 1 ii m v 015 i 1, i V II 1 1 f = 005 U N 11 I5 1 le p 0.00- 1997 Apr 13 1997 Apr 20 1997 Apr 27 1997 May 04 1997 May 11 POND S AVERAGE HOURLY DISCHARGE: EAST FORK HYLEBOS TRIBUTARY 0016A Figure 9 Detention Pond Effect on Peak Flows 1-5/SR 161/SR18Triangle Improvements Draft Stream Mitigation EX InIT PAGE-3.�--OF Figure 10 LEGEND: [._.] Realigned Stream Channel ti;;;r Realigned Riparian Area Channel Realignment &Riparian Area Enhancement Existing Culvert ti;;; f Existing Riparian Area 1-5/SR 161/SR18Triangle Improvements Culvert Extension Draft Stream Mitigation _- -_ New Culvert Existing Stream 0 100 200 Feet In Phase 2, the project will remove the loop ramp and two existing culverts in the northwest loop of the SR 18/1-5 interchange. This will allow approximately 250 feet of Tributary 0016A channel to be daylighted and restored. As required by the City's zoning code (Article XIV, Division 5), the stream design will reflect the following as appropriate. ■ A natural meander pattern ■ Gentle side slopes, at least 2:1 ■ Erosion control features for stream side slopes ■ Creation of a narrow subchannel, where feasible, against the south or west bank ■ Use of natural materials wherever possible • Native riparian vegetation The City's code also requires, where appropriate or feasible, that the design create spawning and nesting areas, re-establish the fish population, and restore flow characteristics compatible with fish habitat areas. In terms of the creation or restoration of a channel for Tributary 0016A, these latter requirements are not feasible or appropriate. The intermittent and seasonal flows of the tributary do not support populations of fish and other aquatic organisms adequately. Similarly, the high peak flows in Tributary 0016A followed by low or zero flows make for poor potential for establishing conditions suitable for spawning and rearing. The restored stream channel will be constructed by clearing the existing vegetation along the proposed alignment and excavating the proposed channel. Because of the relatively intact nature of this forested area, efforts will be undertaken to preserve existing vegetation close to the proposed stream alignment. Because of the existing grade, it will be necessary to clear areas on both sides of the stream to accommodate the stream channel and meet the maximum 2:1 slopes. The stream channel will consist of imported stream substrate with deflector logs and log boles installed at appropriate intervals and locations to increase habitat diversity. The banks will typically be constructed at a 3:1 slope and consist of amended soil and coir matting to reduce the potential for erosion. Construction will occur in isolation from stream flows to avoid in - water work and the potential for erosion. Before water is diverted to the new channel, all stabilization will be in place. 5.5 Riparian Habitat Creation/Enhancement The project will create and enhance an estimated 2.45 acres of forested riparian habitat around the relocated and restored stream channels (Figure 10). The plantings will establish a native forested plant community that will shade the stream channel and support the wildlife that now uses the mixed deciduous/conifer habitats in the project area. Draft Stream Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation EXInoI �. PAE-1,—oOF _ BERGER/ABAM, FAPWT-04-064 February 2009 Page 33 Following the construction of the relocated and restored stream channel and grading of the site as described in Section 5.4, the site will be planted with four distinct plant communities. Table 7 lists the proposed plant species for each of the four communities. The Emergent Bottom zone will occur along low-lying fringes, below the OHWM of the new creek channel, but not directly within the active channel. Plugs will be installed at a rate of 30,000 per acre and in clusters of 50 plants, with clusters spaced approximately 8 feet apart. Since plantings within this community will be sparse, planting locations will be established where appropriate conditions exist. The Riparian Emergent zone will occur adjacent to and above the OHWM of the creek in seasonally and occasionally inundated areas. It typically will occur on the 2:1 slopes from the OHWM to the top of bank. Plugs will be placed at a density of approximately 30,000/acre. Plugs should be installed in clusters of 50 plants, with clusters spaced approximately 8 feet apart. A Riparian Forest/Scrub-shrub zone will be planted in a band approximately 50 feet wide and extending outward from the top of bank of the new channel. Planting within this area will serve to provide shading of the channel, future large wood debris recruitment, wildlife habitat, and a source of nutrients for the stream. The remaining buffer will consist of an Upland Riparian Forest zone. This area would consist of interspersed plantings within the existing forest community from the edge of the riparian scrub -shrub community to the edge of the 100-foot riparian setback. The species composition would be selected to match the species within the existing forest community closely. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project! February 2009 Washington State Department of Transportation E 1 :P� 1TPage 34 PAGE. 3-' AFC Table 7. Riparian Enhancement and Restoration Plant List Common Name Scientific Name Emergent Bottom Small Fruited Bulrush Scirpus microcarpus Bur -reed Sparganium emersum Bur -reed Sparganium eurycarpum Hardstem Bulrush Scirpus acutus Riparian Emergent Marsh Speedwell Veronica Sp. Slough Sedge Carex obupta Bur -reed Sparganium emersum Creeping Spike Rush Eleocharis palustris Dwarf spike rush Eleocharis parvula Riparian Forest/Scrub Shrub Red alder Alnus rubra Red twig dogwood Cornus stolonifera Oregon ash Fraxinus latifolia Pacific ninebark Physocarpus capitatus Black cottonwood Populus trichocarpa Willow Salix sp. Hardhack Spiraea douglasii Western red cedar Thuja plicata Red alder Alnus rubra Upland Riparian Forest Vine Maple Acer circunatum Big leaf maple Acer macrophyllum Beaked hazelnut Cory/us cornuta Oceanspray Holodiscus discolor Indian plum Oemlaria cerasiformi Douglas fir Pseudotsuga menziesii Snowberry Symphoricarpos albus Red elderberry Sambucus racemosa Western hemlock Tsuga heterophylla To the extent possible, mature vegetation will be retained during construction by limiting equipment to one side of the channel. Invasive species will be removed from the riparian enhancement and creation area where not cleared during construction. In those areas, supplemental plantings will occur as necessary to insure appropriate plant density. Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project a+� February 2009 Washington State Department of Transportation E X I ; I �_ T Page 35 In addition to the plantings, habitat improvement structures, including brush piles, snags, and bat boxes, will be installed within the areas. The project team will oversee the construction of six brush piles per acre within the relocated and enhanced riparian areas to provide cover from predators, assist thermal regulation, provide nesting areas, and increase insect populations for birds and other insectivores. Brush piles will be at least 10 feet in diameter and 5 feet high and constructed of native woody debris layered in a crisscross pattern with the largest debris on the bottom and smallest debris set on top. Typical Brush Pile Bottom Typical Brush Pile Top The illustrations above are a general guideline. To ensure proper construction and placement, brush pile construction in the field will be assisted by a qualified biologist. To provide habitat for cavity nesting birds and mammals, at least two snags per acre will be installed in the relocated and enhanced riparian areas. Snags will be at least 24 inches in diameter and at least 20 feet tall and if possible will contain two stems. The plan calls for placing snags upright in an excavated hole with a depth that is approximately equal to one -quarter of the total length of the snag, backfilling the hole with native material, and compacting the soil to ensure stability of the snag. To avoid property damage, the installer should exercise best professional judgment in the field during installation. Bat boxes will be installed to replace and augment roost sites. Two boxes will be installed per acre and will consist of either chamber boxes or rocket boxes. Chamber boxes will be installed directly to the top third of the proposed snags. Rocket boxes will be installed where suitable conditions exist. Suitable locations will be at least 15 feet off the ground, afford maximum sun exposure, and be relatively free of obstructions within a 15-foot diameter. Boxes will contain multiple chambers and be constructed consistent with WDFW recommendations. These enhancements will increase the functional value of the riparian habitat, which currently is highly degraded by the uniform reed canarygrass community that dominates the area around the stream in the channel fill impact area (see Photo 11). The enhancements will increase stream riparian and wildlife functions by increasing plant diversity, foraging and nesting habitat, overall habitat complexity, and plant structure Draft Stream Mitigation Plan 4 fed s BERGER/ABAM, FAPWT-04-064 I-5 - SR 161/SR 18Triangle Improvements Project 1�.. �� 7 `+ 17 ^ February 2009 Washington State Department of Transportation ��� E. 3� —c .' Page 36 diversity. A diverse plant community along the stream channel will also contribute to the production and export of organic matter to the stream system. 5.6 Off -Channel Fish Habitat Creation Because of the low base flows and flashy nature of Tributary 0016A, and the lack of suitable fish habitat within the stream reaches above the existing fish barriers, removing the existing fish barriers will not improve habitat for fish species significantly. To restore fish habitat within tributaries 0016A and 0016 within the project area to a level where fish passage improvements would result in a benefit would require significant additional habitat improvements including additional fish barrier retrofits, riparian enhancements, and stormwater retrofits including: ■ Additional stormwater retrofits for urban development contributing to Tributary 0016A to address base flows and flashiness; ■ Retrofitting seven fish passage barriers downstream of the project area on Tributary 0016A and five fish passage barriers on Tributary 0016; ■ Removal of culverts from and restoration of Tributary 0016A north of SR 18; and ■ Channel rehabilitation on Tributary 0016A downstream of I-5 culvert. Completing these improvements would provide access to 8,250 linear feet of additional stream habitat on Tributary 0016A within the project area and additional stream area upstream of the project area. However, the above improvements are not likely to address the flow issues within Tributary 0016A sufficiently for the stream to become suitable for anadromous fish. To mitigate for the lack of fish passage improvements along Tributary 0016A, the project will construct off -channel fish habitat at WSDOT's Corrington mitigation site. Since the Corrington site adjoins the North Fork of West Branch of Hylebos Creek, which has better habitat than Tributary 0016A and documented anadromous fish use, the added channel will provide a greater benefit to fish species than removing the fish barriers. New off -channel habitat will increase the amount of available fish habitat in the reaches of North Fork of West Branch of Hylebos Creek used by anadromous and other resident fish species. The project will excavate a channel averaging 3 feet wide and 2 feet deep in the wetlands (refer to Sheets 2 and 3, Appendix D Draft Wetland Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project). Sheet 4 of Appendix D details the proposed cross- section of the stream. Water depths within the channel are expected to be relatively constant between 18 and 24 inches. This channel will start near the pond outfall channel in the central portion of the Corrington site, meander through the enhanced wetlands, and ultimately outfall to the North Fork of West Branch Hylebos Creek (Figure 10). The channel will receive flows that currently flow through the pond outfall channel and outfall to the North Fork of West Hylebos through a small corrugated culvert. The water source for the pond is perennial and is composed of cool and clean groundwater Draft Stream Mitigation Plan I-5 — SR161/SR 18 Triangle Improvements Project Washington State Department of Trans ortation PAGE LID 0F BERGER/ABAM, FAPWT-04-064 February 2009 Page 37 discharges from the wetlands east and north of the project site. This water source flows year round and water levels were observed to remain constant throughout the year. The proposed channel and wetland creation areas adjacent to the pond are not anticipated to change the level of water in the pond. The soils within the wetland areas that the outflow channel will be created in are listed as Shalcar muck. Shalcar muck soils are moderately permeable soils that are very poorly drained and are high in organic content. Soil samples taken during the wetland delineation of the Corrington site confirmed the presence of Shalcar soils within the channel creation areas. The upper 5 to 10 inches of the soil are very high in decomposed organic matter mixed with a matrix of silt loam material. Deeper in the soil profile (below 12 inches) the soil transitions to a sandy loam material with inclusions of clay. Below approximately 18 inches, the soil is a mixture of sandy silt loam and sandy clay loam more similar to Snohomish silt loam soils that are listed by the NRCS as a minor component to the Shalcar series. The proposed channel will result in excavation within the wetland areas to depths approaching 3 feet (Appendix D, sheet 3). It is anticipated that the dominant material within the created streambed will be the clay loam material encountered below 18 inches. Erosion is not expected within this soil due to the very low overall slope of the created channel (0.98%). The construction of the channel will be completed in stages in coordination with the grading and other enhancement activities within the project site. Following the mowing and spraying of the reed canarygrass stands, the grading of the stream channel will be completed in conjunction with the other required grading on the Corrington site. The beginning and end of the stream channel will be isolated from the surface waters of the pond and North Fork of West Branch of Hylebos Creek with temporary cofferdams constructed from plastic sheeting and sandbags. The channel will be covered with a tarp material designed to eliminate the reed canarygrass from the site. Following the removal of the tarp material and hydro -seeding of the site, the cofferdams will be removed and surface waters allowed to flow through the new channel. The last stage of the channel construction will be the removal of the existing culvert on the pond outflow channel. A small backhoe will remove the existing culvert and the area previously occupied by the culvert will be backfilled with compacted soil. Prior to removal, the area will be isolated with cofferdams similar to those used for the new stream channel. This plan will allow surface waters to continue to circulate through the pond while at the same time providing valuable off -channel habitat for resident and migratory fish. It is anticipated that, over time, the backwater area between the entrance to the created channel and the old location of the culvert will silt in as suspended sediment settles out. The open water channel will make it easier for fish to access the resting and feeding opportunities in the pond. To enhance the amount of available fish habitat within the pond, several large softwood logs will be placed within it. In addition to providing egg laying opportunities for amphibians and basking habitat for turtles, these logs will Draft Stream Mitigation Plan BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangie Improvements Project February 2009 Washington State Department of Transportation E H IT _I_- Page 38 Prk G E-LLI -OF r provide cover opportunities for fish. When the channel is constructed, the project will plant the floodplains adjacent to it with native wetland emergent vegetation. These plantings will increase water quality functions by trapping sediment during high flow events. The plantings also will increase exports of insects and organic matter to the stream. Creating the channel and enhancing the pond will add 0.19 acre of new off - channel fish habitat. It should be noted that the construction of the fish channel will result in converting 0.05 acre of palustrine emergent wetlands to riverine wetlands. 5.7 Riparian Area Enhancements To mitigate for the negative effects of lost riparian area, the project will enhance the entire riparian area at the Corrington mitigation site east of the North Fork of West Branch of Hylebos Creek. Because of the location of the wetlands and wetland buffers on the site and because their setbacks overlap, the riparian enhancement area consists of wetlands and wetland buffers slated for enhancement (Figure 11). Those enhancements are discussed in the Draft Wetland Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project. The project will enhance a total of 1.08 acres of riparian area through the planting of forested wetland, forested upland, and emergent wetland plant communities. Draft Stream Mitigation Plan I-5 - SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation Ei;T T- PAE I z OF 1 BERGER/ABAM, FAPWT-04-064 February 2009 Page 39 Photo 11. Dry channel of Tributary 0016A in October 2005. Photo taken where the existing stream channel will be filled and relocated to the west (left). Channel overgrown with reed canarygrass 6.0 MITIGATION OBJECTIVES AND PERFORMANCE STANDARDS 6.1 Mitigation Goals The goals of the proposed mitigation are to replace lost habitat with improved habitat that addresses existing habitat limiting factors in the project area including the flashiness of the stream and the water quality of the runoff. 6.2 Mitigation Objectives The mitigation associated with the Triangle project is intended to: (1) Improve hydrologic functions in tributaries 0016A and 0016 by providing stormwater control for 34.10 acres of existing impervious surfaces (2) Improve water quality in tributaries 0016A and 0016 by providing water quality treatment for 34.10 acres of existing impervious surfaces (3) Improve habitat functions by increasing plant diversity, foraging and nesting habitat, overall habitat complexity, plant structure diversity and numbers, and stream shading Draft Stream Mitigation Plan L BERGER/ABAM, FAPWT-04-064 I-5 — SR 161/SR 18 Triangle Improvements Project ..iT� February 2009 Washington State Department of Transportation EXHIBIT —Page 41 PELF y (4) Create 515 linear feet of new stream channel (5) Increase in -stream and riparian habitat by removing 250 feet of existing culverts and re-establishing a stream channel. 6.3 Performance Measures and Success Standards The performance standards described below provide benchmarks for measuring achievement of the goals and objectives of the mitigation site. Mitigation activities are intended to meet these performance standards within a specified period. Performance measures and success standards for the Corrington mitigation site are contained within the Draft Wetland Mitigation Plan for the I-5 — SR 161/SR 18 Triangle Improvements Project (BERGER/ABAM 2009). 6.3.1 Interim Performance Measures (Years 1- 4) The following indicators are benchmarks for the performance of the mitigation measures in years 1 through 4. ■ Ensure that all of the proposed wildlife enhancement structures have been placed within the riparian replacement and enhancement areas and that they meet the specific size and location requirements detailed above. These include brush piles, snags and bat boxes. a Native, wetland (facultative and wetter) woody species (planted and volunteer) will achieve an average density of at least four plants per 100 square feet in the wetland areas of the created stream channel. a State -listed Class -A noxious weeds and non-native blackberries (Rubus spp.), purple loosestrife (Lythrum salicaria), Scot's broom (Cytisus scoparius), thistles (Cirsium spp.), and non-native knotweeds (Polygonum cuspidatum, P. polystachyum, P. sachalinense, and P. bohemicum) will not exceed 20% aerial cover in the created and enhanced wetlands. a Survival of 90% of riparian enhancement plantings. If dead plantings are replaced, then the performance measure will be met. a The relocated stream channel is stable, has the presence or indicators of hydrology, in -stream structures are in place and intact and the channel has no indicators of significant erosion. 6.3.2 Success Standard (Year 5) In year 5, the success standards will include the following. a For the purpose of measuring the final success of the wildlife enhancement structures, each structure will be inventoried. The habitat brush piles may be subject to decay so measurements will not be required. All snags will be counted to ensure that all installed snags are still standing. Bat boxes will be inventoried to ensure that all installed boxes are present and intact. Draft Stream Mitigation Plan I-5 - SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation BERGER/ABAM, FAPWT-04-064 February 2009 Page42 l ■ Aerial cover of native, woody species will be at least 60% in the scrub -shrub and forested communities of the created, enhanced, and restored and enhanced riparian buffer areas. • Aerial cover of native planted or appropriate volunteer plants will be at least 75% in the wetland areas of the realigned stream channel. • State -listed Class -A noxious weeds and non-native blackberries, purple loosestrife, Scofs broom, thistles, and non-native knotweeds will not exceed 20% aerial cover in the created and enhanced riparian buffers. 7.0 REFERENCES BERGER/ABAM Engineers Inc. 2009. Draft Wetland Mitigation Plan I-5 — SR 161/SR 18 Triangle Improvements Project. Prepared for the Washington State Department of Transportation, January 2009 BERGER/ABAM Engineers Inc. 2008a. 1-5 — SR 161/SR 18 Interchange Improvements Phase 1 Hydraulics Report. Prepared for the Washington State Department of Transportation. May 2008. BERGER/ABAM Engineers Inc. 2008b. I-5 — SR 161/SR 18 Interchange Improvements Fish Evaluation Passage Report. Prepared for the Washington State Department of Transportation. February 2008. BERGER/ABAM Engineers Inc. 2008c. I-5 — SR 161/SR 18 Interchange Improvements Conceptual Wetland Mitigation Plan. Prepared for the Washington State Department of Transportation. August 2008. BERGER/ABAM Engineers Inc. 2007. 1-5 — SR 161/SR 18 Triangle Improvements Fish, Vegetation, Wildlife, and Habitat Discipline Report. Prepared by CH2M Hill for the Washington State Department of Transportation. March 2007. BERGER/ABAM Engineers Inc. 2006. 1-5 — SR 161/SR 18 Triangle Improvements Water Resources Discipline Report. Prepared for Washington State Department of Transportation. October 2006. King County. 1991. Executive Proposed Hylebos Creek and Lower Puget Sound Basin Plan. King County Surface Water Management. July 1991. Washington State Department of Transportation (WSDOT). 2007. Hydraulics Manual M 23-03, Engineering and Regional Operations Division, Environmental and Engineering Programs. Olympia, WA. 2007. h www.wsdot.wa. ov TP s tblications annals 23- 03.htm Washington State Department of Transportation (WSDOT). 1997. SR 161 Hylebos Creek Stream Survey. OL 2713. Prepared by Gary Davis, Biologist, Northwest Region Environmental Services. June 1997. Draft Stream Mitigation Plan I-5 - SR 161/SR 18 Triangle Improvements Project Washington State Department of Transportation BERGER/ABAM, FAPWT-04-064 February 2009 EXIIT Page43 PAGE OF Ak-- PAaNC1RTiIN�'1''I11'i.6 c.. P'V.r v. hetiw. rK TO: State of Washington - WSDOT 215 Columbia Street 6431 Corson Avenue South Seattle, Washington Seattle, WA 98108 98104 Attn: Mike Sharkey Ref.# WSDOT Parcel 1-22525/OL3493/SR5/SR161/SR18 Triangle SUPPLEMENTAL REPORT #1 PNWT Order Number: 588123 Seller: . Costco Wholesale Corporation Buyer/Borrower: State of Washington The following matters affect the property covered by this order: ■ A Full Update of the Commitment from March 12, 2005 through July 18, 2007 at 8:00 a.m. has disclosed the following: • Paragraph 27 and 28 of the commitment is/are out, 2005 and 2006 taxes are paid in full. ■ The following has been added as paragraph 35: 35. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2007 ' TAX ACCOUNT NUMBER: 219260-0290-00 LEVY CODE: 1205 AFFECTS: Parcel A CURRENT ASSESSED VALUE: Land: $1,895,000.00 Improvements: $0.00 AMOUNT BILLED GENERAL TAXES: $21,567.13 SPECIAL DISTRICT:$6,332.41 $1.95 TOTAL BILLED: $27,901.49 PAID: $13,950.75 TOTAL DUE: $13,950.74 (continued) ECEIN E D J' DEC 01 2009 CITY .OF FEDERAL WAN C®S �1 SUPPLEMENTAL TITLE REPORT Page 2 Order No. 588123 • The following has been added as paragraph 36: 36. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2007 TAX ACCOUNT NUMBER: 219260-0180-03 LEVY CODE: 1205 AFFECTS: Parcel B CURRENT ASSESSED VALUE: Land: $2,875,100.00 Improvements: $8,482,800.00 AMOUNT BILLED GENERAL TAXES: $129,265.05 SPECIAL DISTRICT:$9,473.48 $2.22 TOTAL BILLED: $138,740.75 PAID: $69,370.38 TOTAL DUE: $69,370.37 • The following has been added as paragraph 37: 37. JUDGMENT: AGAINST: Costco Wholesale Corp IN FAVOR OF: Bradley D. Erben AMOUNT: $7,518.56, plus interest and/or costs if any WARNING: THIS AMOUNT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY SALE OR LOAN TRANSACTION. THE AMOUNT NOW OWING AND THE REQUIREMENTS TO OBTAIN A SATISFACTION OR RELEASE OF SAID JUDGMENT MUST BE OBTAINED FROM THE JUDGMENT CREDITOR OR HIS ATTORNEY. ENTERED: December 13, 2006 JUDGMENT NUMBER: 06-9-36737-1 SUPERIOR COURT CAUSE NUMBER: 05-2-41512-6 ATTORNEY FOR JUDGMENT CREDITOR: William D. Hochberg Telephone No.: 425-744-1220 (continued) SUPPLEMENTAL TITLE REPORT Page 3 Order No. 588123 ■ The following has been added as paragraph 38: 38. UNRECORDED LEASE: LESSOR: Costco Wholesale Corporation LESSEE: Puget Sound's Best Chickenl, Inc. DISCLOSED BY: Financing Statement recorded under Recording Number 20050901001517 AFFECTS: Said premises and other property ■ The following paragraph has been amended to read as follows: 15. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Lakehaven Utility District and Costco Wholesale �-� RECORDED: December 20, 2001 RECORDING NUMBER: 20011220002402 REGARDING: Water distribution•system AFFECTS: Parcel A NOTE: A release of lien has been recorded under Recording Number 20060717000041 that refers to Paragraph 25 of said document only. C There has been no change in the title to the property covered by this order since March 22, 2005, EXCEPT the matters noted hereinabove. Dated as of July 23, 2007 at 8:00 a.m. PACIFIC NORTHWEST TITLE COMPANY By: Curtis Goodman Title Officer Phone Number: 206-343-1327 Mrs 20060717000041.001 t .2k � I Return Address: Lakehaven M4 Distnet DevelaFnaat Services P. 0. Box 4249 Federal Way, WA 98063-4249 COVERSHEET Document Title: Cerdfiede of Completion /Release of Lien Referwee Number(s): 20011220002402 Grutor(s): Lake -haven Uffity DisWot Gmnt*SY. Costco Wholesale Legal Description: Ptn Vacated Plat of East Tacoma C4ftml AdditionS" in STR 2121N-04E,'WM, King County, WA A&smorls Property Tax ParceVA=unt Number: 219260-0290 -DW TMLM J� c -Number: t 6100026 - S.-. $33.00 20060717000041.002 LAKEHAVEN CJTIII'TY DISTRICT CERTMCATE OF COMPLETION 1 RELEASE OF LIEN The understp4 the appoimted ==bet of LAE=AVEN LiI'rtlT'Y D1.4 MCT, King Coumty, 'Washmgion, hercby certifies that aU work required to be pert ned F=mnt to Developer Extension Agreeanent No. 9 75 dated November 20 2WI W recorded under King County Auditor's Pile No. 200112Z0002402 for the Development of Costco Gas S`tagm has been safiaWorily completed. The Developer Costco alesale has fully complied with all of the Developer's obligations pursuant to said agreemmi� and without waiving &e bond mdemity provision or oilier mgmrements in said agreements, the District bas accepted the facs7ities referred to therein for maintenmee and opemfian. The lien creeafed byParapVh 25 of said agreement is hereby satisfied. and released; PROVIDED, however, cmmeMon fees as dwcnbed in said ag a meat may be payable on the realty desa ftd flim= and no sanitary sewer aadlor water service will be provided by the District vol such fees have been paid in fulL Bated this _day of ?—a at LAIME VEN UMM D19MCY King County, Washes rt Bertram L Ross STATE OF WAMUNGTON ) {betty of V-1 fir= ) I certify that I lmow arbave sa&factoay evidence E&ZDR A�t- �,� teas Biped this ins&ame kt, on oalh stated that _1-ig_ was authmized to execute $ae �t and acknowledged it as the En;keeiag Maaaagm of EAP.ETriAVEN U'SII,YPY D7SMCT to be the free and voi xdmy act of amah party for the uses and purposes memimcd aa the mstr=eut. D,A: -�:- - r 07 pax ❑tle My AppoWment 0*rw.*kLb 2-- LM2,01.D.79(Ca!) (1 Rmmdl8ucbcc) 20050901001517.001 UCC FINANCING STATE!MENT FOU.0W IN TRUCTIONS Muni and back) CAREFULLY A.NAYr-11SHOT OFOCAITALITATFILFR{VW* Phom.(800) 331.3282 Fox (818) SM-4141 IL SEND ACkf-*WIJ CZ METrM (EbmmwWAddhW 51114S IIRWIM l E j [ I we with: King, WA !I 1. RFSMR'S E00f FLILt LEGAL 14AME- heart dab5 _ 18.ORGANIZATION%NAML I PUGE!` SOUWS BEST CI-IICIENI, INC. OR ib.INDwrouAtsusTNAME 'k. MAAMAs70AM - 52611TTH AVENUE EAST id —WE INSTRUCY2a L LOOPE iG3YPE0F 0RaAM D 7i4a I Corporation 2. ADOMONAL DEBTCRS EXACT FULL LEGAL. NAME-Visfid rM-E—Z¢AT 11S NPME TNEA60VEMACE IS FOR FLMOMM USE ONLY FMTNAME MUXXENPJ E SUFFIX My - STATE I I MALODDE GQLAIM EDGE WOOk -WA 98372 1r.JUM10ICHONOFORIMNIFATION 1% OROAKLZATICKki. ID A Ifany ' WA. Ml130M br nameC2� or2b)-donctabbwAzw Orambb a names NY 10577AST • �b IHDi1iIDlW 5 E E14.0"w FIRST RAW MIDTkF NAME SL¢FLY 2p-UAMGAi DW_*$ CRY ... STA':$ FOSTAt.000E :Ai7N1Tri' 2&Sml wFdRe 2e3YPE4FORGIWI7AT�ON 2LSl1RIS ifiC1NL}FORGM7t2kTI0Pi 29.ORGANPAi1vNN IDxifeilY It13A2�iliioH ❑ R "MaE EC 3.SJSMP.AK"SNAMortJUM&TOTALASSIGNEEofaSSIMCRSIA)-irmitoAlyMseveredpartynan*Mor3b) U ORW3 ZID A N'S HAM Enairl FmncWse'CapRal Cogmrallon OR WR , 80.1NGNCWL'SUAS7NAIE ,: F&T AMe Ma]OLEtiIgA-e SUFFIX dC. VAMGADDR= - - CITY STATE AOMMCOUNTRY COUNT 27DOWastcYt+:�-DarAvenue Purchase 4.14isFINJWNGSTATEWRTwmstfePo w4Vooi aO. ALL FURNITURE. FDCI'URES AND EQUIPMENT NOW QWA ED OR HEREAFTER ACQUIRED. FIELD OR USED BY QM TOR IN THE OPERATION OF A POPEYE'S RESTAURANT AT -Ile LOCATON SHOWN BELOW. TOGETHER WPTH ALL AMITIONS70. SUSSTITUTIQNS FOR AND REPLACEMENTS THEREFOR, AND ALL PROCEEDS OF THE FOREGO WG. CASH AND NeON-CASH, INCLUDING. WITHOUT LlMITATiON, INSURANCE PROCEEDS AND GENERAL INTANGIBLES. COLLATERAL LOCATION: Stare #3107. Address: 34960 Enchanted Pa*way South, Federal WSY, WA 360M CONTRACT't12062.1bi VM PUGE .. SOU US WST C HCKENI, INC. FlUWO S x i n Gc pr Or rr m Son NI Dobl9rs Dwmrt LJDcbW2 $. OPTIONAL FILER RE ERENCE DATA 6613077 12062101 PUGEr SOUtUSBEST 09C,O-K INC._ FILING OFFICE COPY -NATIONAL UCG MANCINGSTATEMEN17 (FORM UM) (REV. OSWJ02) F le a S rd XCA033Sl 1, I IiF i51rilliil-FA I _ I ' F1NMCENG STATEMENT ADDENDUM F011U V1NSfttLICTtOKB(frontarAbWCAREFULl.Y 9, tb%AE OF FWT DEBTOR 04 or 1 n1 ON RELATM FINANCING STATMENT i�n�ow's PUGET SOUNDS BEST CHICKFm. INC.OR . im.mVnXLiLluwKAME FIRSTNME 6rI 4►f813D7740 111491IRWIN1 2fl62-10'! ' PUGE f SOUND'S BEST CHICkEN?, INC. Re with: KN. WA S•f.ADOfi'IOM DEBT WS B= FULL LEGAL MAW- bmartanlVoM am a (na or 17a. ORr3At�IAT1DN5 Nam. . WeA9CVBSPAceis RFunOFALEmAEONLY Voto nr c=b m name$ fib. tlilltlll7tlAL�tASCtiAldE FtR�s HASH SaDnrENAME SUFFIX 11c hrRtrXi5Ak7t%4CSS cay STATE POSTAL OIOE COUNTRY Si0. si tieTYPEOFORGA=ATioN 11ttJURIS000TtON Ott6Ah>trAT1DtV' 11q.Offd4l +T16H1L1DelHxry7M �t'Lff()RE HONE [ f AL>Z7MaVAL SW.LR B Pff irM Z ElAS.a1r.WR Sft N ME -inaeR ontyn name (12o or 12h l2a.ORCiADYZATiON'S NAME OR �. Si1�ST NAME Fattif NAME &NUIDEENAME sugu 12C. liNG ADDRESSSiAiE PM&COOE 0QE1M1fTk7]` Nmbe>Sz maxor avadraxed I& TK% Fs WIC N 0 MT&Veff*mn11 f6AddRanalmCeleardOeGrpSp oo➢alfatarktilddase ft�" mag. 1d.Dese�pdaaot�ea7ecfale - 00SMiDtiDn. •SM EXHUrAATTACHED HERETO AND MADE A PART HEREOF. 76. Ranrearrdaddraseda RSOORD OwNERatatac-6Codanl wlate , 0f DWadM Wtlravea recorbWKasQ: WEST CAMPUS SQUARE JOINT VENTURE 17,0**Mb� tfoAcabteandcheckMt4wabox ' OeLrplsa�Trr� x©Trus�e�raa+eeapaetlapropcAyhddlaLYst or❑Deaede�r�s�ilr ' to.CxrtkS�YNappkEcablearicheckS�N aneOax. DeEtor I9 a TR,iNSMI MNG UTL W Fl Fled Ur oonnea6oa WHha Mamfacae�F bn,a 7raran - dfae0w 30 years Red laamard=m %*apabGo>-iecrs Tkarxsarligr—alladv Wywa FILING OFFCE DOPY— NATIONAL UCC FINANCING STATaMT AMENDUM (FORM UCCtA0 (REV. G%f dW. Cn 9004M Tot "D) s31 -3= O Rug 31 2005 S;47RM i TRACT 1: -win Franchise Capital 1-! E78-4230 p.2 ' -- II.O//Tyye5+V5, g, g, 101 13, 32. 33, 14. 18, 2S. 37. 18, 19. 20', 21 AND 22. J�VM:L (1 j LOT$ b, 8, ?, iK BL0cx 5; 10. I1. 12. 13. 14. IS. "' 17. 18. s9. 90, 21 AND 22. LOT$ 5. S. 7+ 8, 9. 1g, ]l. 32. 33. 3d. 1S, HL4� S; 16. 37. 18, 19, 20. 21 AND 22. i:; IdiTS 5, e, 7, 13. S. 10, 11, 12 AND 13, IN BLOCK 11; 3'DSE2`HER i4I'i'1[ FORT101,S OF "K^ AS.R 'ION OF TH£ NORTH 1l2 OF 3g0STRSTRF;ET AND OF ALLEYSET. "L^ STRF.Rx, M .. �REE,a,. "N" STREET. ANDAS El1�VE RE1'ERTPC %D TO SAID LOTS BY OPERATI OF LAh. IN SAID SLOCHS 2 , ALL IA EAST 43* RTAE CENTRAL AISDII'IGIi AS PER PLAT REL"ORDED IN VOLUME A OF PLAi'S,, pAQ$ qg RECORDS; Op KIt�(3 C€}CrNI`Y; EXGEP7t ANY PoeNIL4q �32 7ilkrEaF CONV$YEU TO THE, STATE OF 1WASFi7NOT4I,r itEOOtt3�FD •IANUARy 2$, 3969, UNDER Rzc0P. jNr No. 499098D; $Y DEBO ' 317VATE I* fiHB COUi+"iY DF 1[I1161 STATE OF WAS111NGTON. TRACT 21 VACATED SLOCRS 3. 4, 9 AND 10 OF EAST TAC()mA C£�RAL RECfRU?£p IN VOLUME 4 OF PLATS. PAGE 43, RECORM OF KING COUNly. ADDITION ..' AS PER 'PLAT TOO 'To 'ii *ITO THE VACATED ALLEYS 18 SAI b BLOCKS 3. 4 AND 9; TOGETHER WITH THAT POR'CIO11 OF VACATED K. L. N AND N S3'REETS LYING BETtaL NDRTH AND SOOiH LIMES OF SAID BLOMM PRODUCED EAST AND WEST; THE TOGETHER itlT3f ?H8 SC)tl -H 1I2 08 VACATED 3RD STREET ADJOiRI1�G THE A$Oi��' DESCRI6p} FROPERI'Y: AND TOGETHER iltI?H VACATED fi; AUDITION-, ; STLAKE AVE]VUE {SOUTR 852ND STREETi IN SAID g77 EXCEPT THE SOUTH 30 FEET CONVEYED T8 R11,G C013h1Z'Y FOit SMET .PURPOSES; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF �gSH34GTt3N $�' DEED RECORD£ti UNDER RECORDING IVO. 4995248 , POR PRIMARY STATE 81miwAY pUMBER I ; SITUATE IN THE COUNTY OF !title, STATE 07 NASBFNGTON. Rug 31 2005 8:47RM 20060901001517.004 ,win Franchise Capital 1-. .-578-4230 p.3 d , LOTS 1, 2. 3, 4. 23, 24, 25 AND 25 Its BLOCK S; DOTS 14. 16, 16, 27, 18 AND 18 IN BLOCK 6; LOTS 14. 18, 16, 37. 1S ARD 19 IN BLOCK 7; LOTS 1, 2, 3, 4, 23. 24, 25 AND 26 IN SUCK 8; LOTS 1. 2, 8 AND 4 IN BLOCK 12; AND LM 14, 15 AND 16 XN BLOCK 12; ALL IN EAST TACOM CENTRAL ArDITION 'B.., AS PER PLAT RECORDED IN Vome 4 OR PLATS. PASS 43, RECOBYIS O$ XING COUNTY; 700ETMM WITH THAT PORTION OF VACATED ALLEYS AND VACATED 2ND STREET (Sonn LDS R0-M AVElVE SOUTIi} AD OININa SAID LOTS VITICH1k ULD ATTA TR AVENUE�TTN) AND = o 01 OPERATION OF Laid; EXCEPT TRAT PORTION OF SAID VACATED 2RID VMET L STREET (SOUTH 9#8T3i STREET) AASTREET #fBTfi AVENUE S{1i}T€ii C"VEYED TO THE STATE OF wASlflh-GT0N FOR PRINAn STATE HIGHWAYNo. " BY DEED REC:ORM UNDER RECORDING NO. 4975983: AND M=FT ANY PORTION of VACATED L STREET (19T1{ Ai�DS SOUTH) LYING �IiTi3I3� PRIMW STATE BIC WAY N0, 1; AND LOTS 1, 2. 3, 4. S. 6. 7. 8. 9. 10, Ii. 22, IS, 20. 21. 22, 23, 24, 25. 26. 27. 28, 33, 80, 31 AND 32 IN BLOCK 6; LOTS 1. 2, 3■ 4, 5. 8, 7, 8, 9, 10. 11, 12. 13o 90. 21. 22. 23. 24, 25. 26. 27, 28, 29, $0. 81 AND 32 IN BLOC[ 7; It= I, 2, e. 4, 5, 6. 7. g, S. 10, 11. 12 AM 13 IN BLOCK 12; ALL IN EAST TACOMA CENTRAL ADDITION "B". AS PER PLAT RECORDED PI ATS , PAGE 43. RECORDS OF FiVu CCKTM.- IN VOLUME 4 OF 3OGET ii WITH THAT Fi3iillQN [iF VACATED At LStS AND VACA1TM N SSMZT (I=, AVENUE SOUTZ) , N STRMT (1.8TH AVENUE SOUTH) AND L STREET (VOTH AVENUE SD13'I ) ADJO'RING SAID LOTS WHICH WOULD ATTACH I'METO BY OPERATION Op"IAW; S}iC$pT THAT PORTION THEREOF CONMXV TO THE STATE 4F WASHINGTON FOR PRIMARY STATE HIGHk'A7' No' 2. By DEED RED== UNDER RECORDING NO- 4748732; s AND EXCEPT THAT PORTION THEREOF CONVMID TO THE STATE OF WASR INCT m FDR PBINARY STATE HIGHWAY NR. 1. BY }SEED RECORDED CINDER RECORDING NO. 6009995; S1TUAT£ 'N'THE COUNTY OF KING, STATE OF WASHINGTON. PIL4 �n PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Street Seattle, Washington 98 04-1511 Senior Title Officer, Mike Sharkey (mikesharkey@pnwt.com) Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Assistant Title Officer, Charlie Bell (charliebell@pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 State of Washington DOT 15700 Dayton Avenue North, MS 118 Title Order No.: 58.8123 Seattle, WA 98133 Attention: Mona Cox Your Ref.: OL3493/SR5/SR161/SR18 Triangle Improvement A. L. T. A. COMMITMENT SCHEDULE A Effective Date: March 22, 2005, at 8:00 a.m. 1. Policy(ies) to be issued: A.ALTA Owner's Policy Amount $ 40,000.00 Standard (X) Extended ( ) Premium $ 330.00 Tax (8.8%) $ 29.04 Proposed Insured: STATE OF WASHINGTON NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED FOR A PENDING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK PRIOR TO CLOSING SO THAT WE MAY INSPECT THE PREMISES. B.WORK CHARGE Amount $ 730.00 Tax (8.8%) $ 64.24 2. The Estate or interest in the land described herein and which is covered by this commitment is fee simple. 3. The estate or interest referred to herein is at Date of Commitment vested in: C.OSTUD WHOLESALE CORPORATION, a...Washington-.corporation.- (NOTE: SEE SPECIAL EXCEPTION NUMBER 32 REGARDING EXECUTION OF THE FORTHCOMING DOCUMENT(S) TO BE INSURED). 4. The land referred to in this commitment is situated in the State of Washington, and described as follows: J As on Schedule A, pages 2 and 3, attached. Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the State of Washington, and described as follows: UA'PrV..T. A - That portion of the vacated plat of East Tacoma Central Addition "B according to the plat thereof recorded in Volume 4 of Plats, page 43, in King County, Washington, described as follows: Commencing at the southwest corner of Section 21, Township 21 North, Range 4 East, W.M., in King County, Washington; Thence north 1034,0811 east along the west line of said subdivision 496.66 feet; Thence south 88035116/1 east 50.00 feet to the east margin of 16th Avenue South and the TRUE POINT OF BEGINNING; Thence south 88035116/1 east 470.00 feet; Thence south 1028119/1 west 467.20 feet to the north margin of South 352nd Street; Thence north 88031141/1 west along said north margin 470.79 feet to!+: the east margin of 16th Avenue South; Thence north 1034108/1 east along said east margin 466.71 feet to the TRUE POINT OF BEGINNING; EXCEPT that portion conveyed to the City of Federal Way, a Washington municipal corporation by deed recorded under Recording Number 20020503001231. PARCEL B: That portion of the vacated Plat of East Tacoma Central Addition "B", according to the plat thereof recorded -in Volume 4 of Plats, page 43, in King County, Washington, described as follows: Commencing at the southwest corner of Section 21, Township 21 North, Range 4 East, W.M., in King County, Washington; Thence north 103410811 east along the west line of said subdivision, 496.66 feet; Thence south 88035116/1 east 50.00 feet to the east margin of 16th Avenue South; Thence south 88035116/1 east 470.00 feet to the TRUE POINT OF BEGINNING; Thence continuing south 88035116/1 east 637.61 feet to the westerly right-of-way line of Primary State Highway No. 1; Thence south 17042124/1 east along said westerly margin 322.56 feet to an angle point thereon; (legal description, continued) Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: Thence south 13058106/1 west along said westerly margin 167.17 feet to the north margin of South 352nd Street; Thence north 8803114111 west along said north margin 707.40 feet to a point which bears south 1028119/1 west from the TRUE POINT OF BEGINNING; Thence north 1028/19/1 east 467.20 feet to the TRUE POINT OF BEGINNING. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY: 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. Ptn. Blocks 3, 4, 9 & 10, Vacated Plat of East Tacoma Central Add. B, Vol. 4, pg. 43 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 1 A.L.T.A COMMITMENT Schedule B Order No. 588123 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. v 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. B. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. C. SPECIAL EXCEPTIONS: As on Schedule B, attached. irr A.L.T.A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEPTIONS: NOTE FOR INFORMATION PURPOSES ONLY: Order No. 588123 EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. Mai) 75�_4� MARGINS TO BE 3" ON TOP OF FIRST PAGE, 1" ON SIDES AND BOTTOM - 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. RETURN ADDRESS IS ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN. NOTHING WITHIN 1" MARGINS. FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 1/2" BY 14". NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS; r' 1I PRESSURE SEALS MUST BE SMUDGED. r INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: RETURN ADDRESS, WHICH MAY APPEAR WITHIN THE UPPER LEFT HAND 3" MARGIN. TITLE OR TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE, REFERENCE TO RECORDING NUMBER OF SUBJECT DEED OF TRUST. NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOLLOWING PAGES, IF ANY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME, OR SECTION, TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED). ASSESSOR'S TAX PARCEL NUMBER (S) . (continued) Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE B Page 3 SPECIAL EXCEPTIONS (continued): 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Lakehaven Sewer District, a municipal corporation PURPOSE: Sewer mains with the necessary appurtenances AREA AFFECTED: The west 10 feet of a northerly portion of Parcel A RECORDED: August 20, 1985 RECORDING NUMBER: 8508200809 2.- EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING', BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: King County PURPOSE: Native growth protection AREA AFFECTED: An easterly portion of Parcel B RECORDED: October 27, 1988 RECORDING NUMBER: 8810271104 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company, a Washington corporation PURPOSE: Construct, operate, maintain, repair, replace and enlarge one or more electric transmission and/or distribution lines AREA AFFECTED: A 10 foot wide strip as constructed or to be constructed, extended or relocated RECORDED: December 27, 1988 RECORDING NUMBER: 8812270577 (continued) Order No. 588123 1 , A.L.T.A. COMMITMENT SCHEDULE B Page 4 4. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Federal Way Water and Sewer, a municipal corporation PURPOSE: Water facilities and all appurtenances related thereto AREA AFFECTED: A 10 foot wide strip over portions of said premises and other property RECORDED: May 12, 1989 RECORDING NUMBER: 8905120218 5. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Pacific Northwest Bell Telephone Company, a Washington corporation -'� PURPOSE: Place, construct, maintain, inspect, reconstruct, repair, replace, -� remove and keep 'obstacles clear from underground cables and aboveground telephone cabinets AREA AFFECTED: The north 20 feet of the south 365 feet of the west 20 feet of Parcel A RECORDED: May 15, 1989 RECORDING NUMBER: 8905150793 6. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Lakehaven Utility District, a municipal corporation PURPOSE: Water facilities and all appurtenances related thereto AREA AFFECTED: 10 foot wide strips over portions of said premises and other property RECORDED: January 23, 1995 RECORDING NUMBER: 9501230404 (continued) Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE B Page 5 7. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Lakehaven Utility District PURPOSE: Water facilities and all appurtenances related thereto AREA AFFECTED: A 15 foot wide strip over a portion of Parcel A RECORDED: September 22, 1997 RECORDING NUMBER: 9709220715 8. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Lakehaven Utility District PURPOSE: Right of way for water facilities: - AREA AFFECTED: 15 feet portion of Parcel A RECORDED: October 14, 2003 -,1 RECORDING NUMBER: 20031014000196 - 9. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Lakehaven Utility District PURPOSE: Right of way for water facilities AREA AFFECTED: 15 feet portion of Parcel A RECORDED: October 14, 2003 RECORDING NUMBER: 20031014000197 The instrument states that it is a partial realignment of easement recorded under Recording Number 9709220715. 10. ABANDONMENT OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: October 14, 2003 RECORDING NUMBER: 20031014000209 AFFECTS: A portion of Parcel A 11. ABANDONMENT OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: October 14, 2003 RECORDING NUMBER: 20031014000210 AFFECTS: A portion of Parcel A (continued) Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE B Page 6 12. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Federal Way Water and Sewer District and West Campus Square, a joint venture RECORDED: September 26, 1988 RECORDING NUMBER: 8809260898 REGARDING: Domestic water supply and sanitary sewer system Amended by instrument recorded under Recording Number 8903100615. 13. RESTRICTIONS AND EASEMENTS CONTAINED IN DECLARATION OF PROTECTIVE RESTRICTIONS AND EASEMENTS, AS HERETO ATTACHED: RECORDED: RECORDING NUMBER: October 27, 1988 8810271105 14. INDEMNITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: West Campus Square Joint Venture, a Washington general partnership; and the City of Federal Way RECORDED: September 21, 1993 RECORDING NUMBER: 9309212251 REGARDING: Said agreement released the City of Federal Way from all future claims for damages resulting from the construction of a rock wall into a public right-of-way (South 352nd Street). 15. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Lakehaven Utility District and Costco Wholesale RECORDED: December 20, 2001 RECORDING NUMBER: 20011220002402 REGARDING: Water distribution system AFFECTS: Parcel A i (continued) Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE B Page 7 16. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: City of Federal Way and West Campus Square Joint Ventures RECORDED: January 23, 1995 RECORDING NUMBER:' 9501230949 REGARDING: License to inspect the construction of improvements, the performance of work or to allow the City to perform necessary maintenance or work 17. CITY OF FEDERAL WAY LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST COVENANT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER: AFFECTS: April 29, 2002 20020429001245 Parcel A 18. RESTRICTIONS AND EASEMENTS CONTAINED IN DECLARATION OF PROTECTIVE RESTRICTIONS AND EASEMENTS, AS HERETO ATTACHED: RECORDED: RECORDING NUMBER: AFFECTS: February 8, 2002 20020208002206 Parcel A 19. LICENSE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER: AFFECTS: February 8, 2002 20020208002178 Parcel A 20. RESTRICTIONS, EASEMENTS AND LIABILITY TO ASSESSMENTS CONTAINED IN DECLARATION OF PROTECTIVE RESTRICTIONS, EASEMENTS AND ASSESSMENTS, AS HERETO ATTACHED: RECORDED: RECORDING NUMBER: October 23, 1990 9010231412 AMENDMENT AND/OR MODIFICATION OF SAID RESTRICTIONS, AS HERETO ATTACHED: RECORDED: RECORDING NUMBER: July 28, 1994 9407280653 ( continued) Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE B Page 8 AMENDMENT AND/OR MODIFICATION OF SAID RESTRICTIONS, AS HERETO ATTACHED: RECORDED: RECORDING NUMBER: November 22, 1994 9411220561 AMENDMENT AND/OR MODIFICATION OF SAID RESTRICTIONS, AS HERETO ATTACHED: RECORDED: RECORDING NUMBER: January 13, 2000 20000113000284 AMENDMENT AND/OR MODIFICATION OF SAID RESTRICTIONS, AS HERETO ATTACHED: RECORDED: RECORDING NUMBER: July 18,.2000 20000718000262 AMENDMENT AND/OR MODIFICATION OF SAID RESTRICTIONS, AS HERETO ATTACHED: RECORDED: RECORDING NUMBER: September 25, 2000 20000925000332 21. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN LOT LINE ADJUSTMENT, COPY ATTACHED: RECORDED: RECORDING NUMBER: April 8, 1993 9304089001 22. Matters which may be disclosed by unrecorded Lot Line Adjustment Letter dated February 5, 1991 from Land Use Manager of Federal Way, reference to which is made in King County Assessor's description of the herein described property. Said instrument is not available for our review. 23. Recital on Deed recorded under Recording Number 20001208000428: A portion of sidewalk and bus stop encroach into said premises along the westerly property line. 24. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DEED TO STATE OF WASHINGTON: RECORDED: February 9, 1959 and January 28, 1959 RECORDING NUMBERS: 4992546 and 4990939, respectively (continued) Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE B Page 9 25. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: March 7, 1946 RECORDING NUMBER: 3566431 GRANTEE: County of King AFFECTS: A portion of Parcel A 26. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: May 7, 1946 RECORDING NUMBER: 3566432 GRANTEE: County of King AFFECTS: A portion of Parcel A 27. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2005 TAX ACCOUNT NUMBER: 219260-0290-00 LEVY CODE: 1205 AFFECTS: Parcel A CURRENT ASSESSED VALUE: Land: $1,516,100.00 Improvements: $0.00 AMOUNT BILLED GENERAL TAXES: $18,441.98 SPECIAL DISTRICT:$6,229.54 TOTAL BILLED: $24,671.52 PAID: $0.00 TOTAL DUE: .$24,671.52 28. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2005 TAX ACCOUNT NUMBER: 219260-0180-03 LEVY CODE: 1205 AFFECTS: Parcel B CURRENT ASSESSED VALUE: Land: $2,300,100.00 Improvements: $9,484,500.00 AMOUNT BILLED GENERAL TAXES: $143,348.93 SPECIAL DISTRICT:$9,319.59 TOTAL BILLED: $152,668.52 PAID: $0.00 (continued) TOTAL DUE: $152,668.52 Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE B Page 10 29. DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: AFFECTS: Robert J. Knutsen, a married man, as his separate property Chicago Title Insurance Company Meridian Lenders III, a Washington general partnership $2,358,478.39 August 1, 1999 August 18, 1999 19990818001342 Parcel A and other property The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. NOTE: Said Deed of Trust should be paid, however, we find no release in the public record. 30. JUDGMENT: AGAINST: Costco Wholesale, Inc. IN FAVOR OF: Katina Perry AMOUNT: $507,901.40, plus interest and/or costs if any WARNING: THIS AMOUNT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY SALE OR LOAN TRANSACTION. THE AMOUNT NOW OWING AND THE REQUIREMENTS TO OBTAIN A SATISFACTION OR RELEASE OF SAID JUDGMENT MUST BE OBTAINED FROM THE JUDGMENT CREDITOR OR HIS ATTORNEY. ENTERED: May 9, 2003 JUDGMENT NUMBER: 03-9-23626-3 SUPERIOR COURT CAUSE NUMBER: 01-2-22696-7 ATTORNEY FOR JUDGMENT CREDITOR: Telephone No.: Judith A. Lonnquist 206-622-2086 (continued) Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE B Page 11 A copy of said judgment was recorded under Recording Number 20030523002020. The judgment has been partially assigned per partial assignment recorded under Recording Number 20040623000169. 31. JUDGMENT: AGAINST: Costco Wholesale Corp. IN FAVOR OF: Jean Shy AMOUNT: $10,068.56, plus interest and/or costs if any WARNING: THIS AMOUNT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY SALE OR LOAN TRANSACTION. THE AMOUNT NOW OWING AND THE REQUIREMENTS TO OBTAIN A SATISFACTION OR RELEASE OF SAID JUDGMENT MUST BE OBTAINED FROM THE JUDGMENT CREDITOR OR HIS ATTORNEY. ENTERED: May 3, 2004 JUDGMENT NUMBER: 04-9-10398-9 SUPERIOR COURT CAUSE NUMBER: 02-2-20827-4 ATTORNEY FOR JUDGMENT CREDITOR: Patrick Joon Kang Telephone No.: 206-285-1743 32. Evidence of the identity and authority of the officers of Costco Wholesale Corporation, a Washington corporation, to execute the forthcoming instrument must be submitted. 33. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $100,000, and our total liability under this commitment shall not exceed that amount. 34. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Federal Way. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%. \ �l (continued) Order No. 588123 A.L.T.A. COMMITMENT SCHEDULE B Page 12 NOTE 1: Our examination discloses that the vestee herein does not own any contiguous property. NOTE 2: The name and address of the current taxpayer according to the King County Assessors record is: Costco Wholesale Corp. 999 Lake Drive Issaquah, WA 98027 NOTE 3: The vestee herein acquired title by instrument recorded under Recording Numbers 9010231410 and 20001208000428. END OF SCHEDULE B Title to this property was examined by: Myron Sizer Any inquiries should be directed to one of the title officers set forth in Schedule A. can/20001208000428/9010231410 Vacated Plat of East Tacoma Central Addition B 4/43 .......... }1,`+'V.....: ' �i'" t 5�4�° P5 1� . m r F S 351ST ST C i... ....... y ...... ... y .....r... .. N ....... .... ... .q� :� 00 LLI x D kp`• ,tea*V,..a '' MeE [j D ^'Brr6a F sh+m�e+. `n mtr�"aatwcsruw�wy cs. .....) 1578.�R *40\*t � PACIFIC NORTHWEST TITLE Company of Washington, Inc. Order No. 588123 IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. t 1 m 0 0 0 N RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO FOSTER PEPPER & SHEFELMAN PLLC I I I I THIRD AVENUE, SUITE 3400 f 20 M208060428 ST,eb119T TITLE LID is0e PasE Oot 0 tea 12/06/20M 10 V KING CWNTY , WA SEATTLE, WA 9$101 � ������ Ann Richard P Chamberlain 12/00/2000 10.t9 KING COLIHTY, LIA TAX SALZ $395�1000000 PAGE 001 OF 003 STATUTORY' WARRANTY DEED sk2 +S C (West Campus Property) a00C>0 STEWART TITLE KNUTSEN L L C , a Washington limited habtlzty GRANTOR company - COSTCO WHOLESALE CORPORATION, a GRANTEE Washington corporation Ptns of Vacated Plat of East Tacoma Central Add Div ABBREVIATED LEGAL ' B, Kmg County, Washington DESCRIPTION Full legal*descriptionon Exhibit -A ASSESSORS' TAX PARCEL ID NO 219260-0290-00 30217559 02 STATUTORY WARRANTY DEED (West Campus) FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the Grantor, KNUTSEN L L C , a Washington limited liability company, does hereby convey and warrant to the Grantee, COSTCO WHOLESALE CORPORATION, a Washington corporation, the real property in the County of King, State of Washington, more particularly descnbed on Exhibit "A" attached hereto and made a part hereof, together with all of Grantor's interest to and title to the Surplus Building Rights, as defined below (collectively, the "Property") Grantor represents that it has underutilized the. Maximum Buildable Area within the Center of which the Property is a part in an aggregate total of not less than Thirty Thousand (30,000) square feet of Building Area (the "Surplus Building Rights") The terms "Maximum Buildable Area" and "Building Area' as used herein have the meaning defined in that certain Declaration of Covenants, Conditions, Easements, Restrictions and Reservations For Campus Square dated October 23, 1990 and recorded under King County recording number 90102314I2, as amended This conveyance is made subject to the items listed as attached Exhibit B (the "Permitted Exceptions") DATED this 6th day of December, 2000 o GRANTOR c KNUTSEN L L C, a Washington limited liability N company r— u y cv By Name .1 1Gr� v�'r S-e its -1- 50217558 02 T 0 CN C= O STATE OF WASHINGTON ss COUNTY OF V � v, I certify that I know or have satisfactory evidence that lRL. x i+" "� Kmise is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged rt as the : M QJ- a G%fr of Knutsen L L C , a limited liability company, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument 50217559 02 Dated this CYNDI it CONGER-PEDERSEN 1 STATE OF WASHINGTON NOTARY- PUBLIC YY COMMISSION EXPIRES 5-05-04 day of6-e-f' , 2000 jSVutW OPNotary) (Le y Print or Stmnp Name aCNo ) Notary public to and for the state of Washington, residing at )kXu u Lx! d _ My appointment expires -2- EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE VACATED PLAT OF EAST TACOMA CENTRAL ADDITION "B", ACCORDING TO'PLAT RECORDED IN VOLUME 4 OF PLATS AT PAGE(S) 43, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 4 :EAST, W M ; IN KING COUNTY, WASHINGTON., THENCE NORTH 1034'08" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 496 66 FEET, THENCE SOUTH 8803616' EAST 50 00 FEET' TO THE EAST MARGIN OF 16T" AVENUE SOUTH AND THE TRUE POINT OF BEGINNING., THENCE SOUTH 88035'16" EAST 470 00 FEET, THENCE SOUTH 1028'19" WEST 467 20 FEET -TO THE NORTH MARGIN OF SOUTH 352ND STREET, THENCE NORTH 88031'41" WEST ALONG SAID NORTH MARGIN 470 79 FEET TO THE } EAST MARGIN OF le AVENUE SOUTH, a THENCE •NORTH. 1 °34'08" EAST ALONG SAID EAST MARGIN 466 71 FEET TO THE TRUE POINT OF .BEGINNING cz. G7 S0217559 W EXHIBIT A - 1 IiXHIBI I' B PERN41 I TEI) EXCEP FIONS RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES AS GRANTED BY DEEDS RECORDED UNDER RECORDING NUMBERS 3566431 AND 3566432 RESERVATION OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS OF ACCESS TO AND FROM THE STATE HIGHWAY, CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED JANUARY 28, 1959, FEBRUARY 9, 1959, MARCH 19, 1959, OCTOBER 20, 1989, AND DECEMBER 26, 1989 RECORDING NO: 4995246, 4990939., 5009985,-8910200632 AND 8912260701 COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C) RECORDED OCTOBER 27, 1988 RECORDING NUMBER(S) 88102.71105 n EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN o RECORDED MAY 15, 1989 RECORDING NO 8905150793 IN FAVOR OF PUGET SOUND POWER AND LIGHT o COMPANY, A WASHINGTON CORPORATION N_ FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM c AFFECTS NORTH 20 FEET OF THE SOUTH 365 FEET OF G THE WEST 20 FEET EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED DECEMBER 27, 1988 RECORDING NO 8812270577 IN FAVOR OF- PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AFFECTS THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED, LYING WITHIN THE ABOVE DESCRIBED PROPERTY EXHIBIT B - I 5021755101 EXHIBIT R PERMI FED EXCEPTIONS COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C) RECORDED. OCTOBER 23, 1990 RECORDING NUMBER(S) '9010231412 -AMENDMENT(S) AND/OR MODIFICATION(S) OF SAID COVENANTS 'RECORDED JULY 28, 1994, NOVEMBER 22', 1994 JANUARY 13, 2000, JULY 18, 2000 AND SEPTEMBER 25, 2000 RECORDING NUMBER(S) 9407280653, 9411220561 20000113000284, 20000718600262 AND 2000092500.0332 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN WEST CAMPUS JOINT VENTURE, A WASHINGTON GENERAL PARTNERSHIP AND CITY OF FEDERAL WAY RECORDED SEPTEMBER 21, 1993 RECORDING NUMBER. 9309212251 PURPOSE HELD HARMLESS FOR DAMAGES CAUSED BY c� THE ROCK WALL LOCATED IN SOUTH 352ND STREET G'1 N AGREEMENT AND THE TERMS AND CONDITIONS THEREOF, BETWEEN. WEST CAMPUS SQUARE JOINT VENTURE c� AND: LAKEHAVEN UTILITY DISTRICT RECORDED, JANUARY 23, 1995 RECORDING NUMBER' 95=30403' PURPOSE, GRANTING A LICENSE TO LAKEHAVEN SEWER DISTRICT TO ENTER THE PREMISES TO INSPECT AND REPAIR ITS FACILITIES EXHIBIT B - 2 1 S0217559 Ol EXHIB1 r B PERMITTED EXCEPT IONS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN WEST CAMPUS SQUARE JOINT VENTURE, A WASHINGTON PARTNERSHIP AND CITY OF FEDERAL WAY RECORDED JANUARY 23, 1995 RECORDING NUMBER 9501230949 PURPOSE CITY OF FEDERAL WAY AND CITY'S AGENTS, EMPLOYEES CONTRACTORS OR REPRESENTATIVES TO ENTER UPON THE PROPERTY TO INSPECT THE CONSTRUCTION OF IMPROVEMENTS, THE PERFORMANCE OF WORK OR TO ALLOW THE CITY TO PERFORM ANY NECESSARY MAINTENANCE OR WORK, ALL PURSUANT TO THAT CERTAIN AGREEMENT AND PERFORMANCE/MAINTENANCE .BOND OF EVEN DATE m EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED SEPTEMBER'22, 1997 _a RECORDING NO 9709220715 IN FAVOR OF LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL CORPORATION FOR WATER FACILITIES AND ALL APPURTENANCES c� C"i RELATED' THERETO r- AFFECTS REFER TO SAID INSTRUMENT FOR THE EXACT c�. LOCATION G ASSESSMENT BY, FEDERAL WAY WATER AND SEWER DISTRICT ORIGINAL AMOUNT $13,745 99 PLUS INTEREST AT 10% ORIGINAL NUMBER OF INSTALLMENTS 20 NUMBER OF INSTALLMENTS PAID • • 14 NUMBER OF INSTALLMENTS DELINQUENT 0 LOCAL IMPROVEMENT DISTRICT NO.. 53 FILING DATE. FEBRUARY 22, 1986 NEXT PAYMENT DUE FEBRUARY 22, 2001 IMPROVEMENT WATER AND SEWER ACCOUNT NO. 0482-219260-1370-01 AFFECTS. LOTS 5 THROUGH 13, BLOCK 11 EXHIBIT B - 3 502175ie oI EXHIBIT B PERMIT I ED• EXCEPTIONS ASSESSMENT BY FEDERAL WAY WATER AND SEWER DISTRICT ORIGINAL AMOUNT $125,352 18 PLUS INTEREST AT 10% ORIGINAL NUMBER OF INSTALLMENTS 20 NUMBER OF INSTALLMENTS PAID 14 NUMBER OF INSTALLMENTS DELINQUENT 0 LOCAL IMPROVEMENT DISTRICT NO 53 FILING DATE FEBRUARY 22, 1986 NEXT PAYMENT DUE FEBRUARY 22, 2001 IMPROVEMENT. WATER AND SEWER ACCOUNT NO 0482 219260-0290-00 AFFECTS VACATED BLOCKS 3-4 AND 9-10 AND VACATED ALLEYS IN SAID BLOCKS AND PORTION OF VACATED K-L-M-N STREETS BETWEEN NORTH AND SOUTH LINES OF SAID BLOCK 2 PRODUCED EAST AND WEST AND SOUTH HALF OF VACATED 3RD STREET ADJACENT AND VACATED WESTLAKE AVENUE LESS COUNTY ROAD LESS STREET act HIGHWAY r ASSESSMENT BY FEDERAL WAY WATER AND SEWER DISTRICT ORIGINAL AMOUNT $23,057 49 PLUS INTEREST AT 10% c� ORIGINAL NUMBER OF INSTALLMENTS 20 NUMBER OF INSTALLMENTS PAID 14 NUMBER OF INSTALLMENTS DELINQUENT 0 LOCAL IMPROVEMENT DISTRICT NO. 53 FILING DATE FEBRUARY 22, 1986 czj NEXT PAYMENT DUE- FEBRUARY 22, 2001 r', IMPROVEMENT WATER AND SEWER ACCOUNT NO_ 0482-219260-1030-03 AFFECTS LOTS 5 THROUGH 22, BLOCK 8 AND PORTION OF VACATED STREETS ADJOINING AND PORTIONS OF VACATED ALLEY WITHIN MATTERS RELATING TO EXTENDED OWNERS COVERAGE AS DISCLOSED BY SURVEY OF THE PROPERTY PREPARED BY BARGHAUSEN CONSULTING ENGINEERS, INC, AS FOLLOWS A PORTION OF A SIDEWALK AND BUS STOP ENCROACH INTO SAID PREMISES ALONG THE WESTERLY PROPERTY LINE EXHIBIT B - 4 i 5021755E 01 i / + s ' c.r a •` . WARRANTY DEED In` the Matter of State Route 5, Pierce County Line to Jct. SSH No. 5-A; State Route IS, Tct. P.S.H. No. 1 to Auburn; State Route �•'J•' 161, Pierce Co. Line to Kits Corner KNOW ALL MEN BY THESE PRESENTS, That the Grantor, K.D.E. & ASSOCIATES, a Washington General Partnership, for and in 4y consideration of MUTUAL BENEFITS, hereby conveys and warrants to the State of Washington, the following described real estate situated in King County, in the State of Washington, to wit: All that portion of the hereinafter described Parcel ,A" lying westerly of a line beginning at a point oppasite Highway Engineer's station (hereinafter referred to as HES) 14+00 on the SR 18 line survey of i SR 5, Pierce County Line to Jct. SSH No. 5-A (Sheet 9), and 125 feet southerly therefrom; thence westerly parallel with said SR 18 line survey to a point apposite HES SR.161 Sta. 8+73.11 on the SR 161 line survey of SR 18, 7ct. P.S.H. No. 1 to Auburn and 65 feet easterly therefrom, when measured at right j angles to said SR 1.61 line survey, said SR 161 line survey also delineated on SR 18, Ict. P.S.H. No. 1 to Auburn {Sheet 1}, and on SR 161, Pierce Co. Line to f Q Kits Corner (Sheet 5); -� CC thence southerly to a point opposite HES SR 161 Sta. D 8+53.11 on said sR 161 line survey and 60 feet easterly Q therefrom, when measured at right angles to said SR 161 line survey; thence southerly to a point opposite HES SR 161 Sta. 1 fQ y,y 3+50 on said .SR 161 line Survey and 50 feet easterly therefrom, when measured at right angles to said SR 161 ( line survey; thence southerly parallel with said SR 151 line survey to the south line of Section 21, Township 21 :Earth, Range 4 East, W.M., in King County, Washington, and the and of this line description. parcel "A"��AI' Lots 5, 6, 7, 6, 9, 10, 11, 12, 13, 14, 15■ 16, 17, 1$, i 19, 20, 21 and 22, in Block 2; jl Lots 5, 6, 7, 8, 9, 10, 11■ 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, in Block 5; 1 Lots 5, 6,- 7, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 16, 19, 20, 2.1 and 22, in Block a, w CO Lots 5, 6, 7, S, 9, 10, 11, 12 and. 13, in Block 11; r'I Tor.ZrHER WITH poi'tioas of "K" Street, I'L" Street, "E" r a W Street, "N" Street, and portion of the north half of 3ed Street and of alleys in said Blocks 2, 5 and a as UJ have reverted to said lots by operation of law, all in East Tacoma Central Addition "B", as per plat recorded in Volume 4 of Plats, page 43, records of King County; { EXCEPT any portion thereof conveyed to the State of Washington by deed recorded January 28, 1959, under } Recording No. 4990939; I Situate in the County of King, State of Washington. i AND T Vacated Blacks 31 41 9 and 10 of East Tacoma Central Addition "B", as per plat recorded in Volume 4 of i Plats, page 43, records of Xing county; TOGETHER WITH. the vacated alleys in said Blocks 3, 4 d 9• m co amm.`. Ln00 x,nv En F--m-m Y TOGETHER WITH that portion of vacated K, L, M and N N=� Streets lying between the north and south lines of said• o 0 Blocks produced east and west;Lq TOGETHER WITH the south half of vacated 3rd Street ins adjoining the above described property; Page 1 of 3 pages x 0 0 0 0 b I I WAPIUMTr DEED r (Parcel "A" Cont.) ' AND .TOGETHER WITH vacated Westlake Avenue (South 352nd Street) in said addition; i EXCEPT the south 30 feat conveyed to King County for II street purposes; AND EXCEPT that portion conveyed to the State of Washington• by deed recorded under Recording No. r 4995246, for Primary State Highway Number if Situate in the County of King, State of Washington. The specific details of the lands herein described concerning all of which are to be found within that certain map of definite location now of record and on file in the.office of the Secretary { of Transportation at Olympia and bearing dates of approval. H - is --s4. with plan revision pending to delineate this transaction. t It. is understood and agreed that the delivery 'of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and QD until accepted and approved hereon in writing for the State of 0 �j ODD Washington, Department of Transportation, by its Secretary or his ! duly authorized representative. O% Dated this /J day of oJ-su..lrEx I $- I � M.D.E. & ASSOCIATZES, r Accepted and approved: a Washington General Date Partnership J ST TE FIAS II 0 By; i`r1PYr1 i De a ra po at n By By: �• d . CHIEF NIGHT OF NAY AGENT 11l1it Gf�,tphRliG fl�F.nr.��4.c; k STATE OF•WASHINGTON, ) County of Kl14C4 } es. On this i3TM day of eEoXe me personally appeared �' ._ f�N and to me knout: to be the General Partner, of the General Partnership that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said General Partnership, for the uses and purposes therein mentioned, and on oath stated that e=I`& authorized to execute said instrument. i GIVEN under my hand and official seal the day and year last j above written. t Hot Public in and for the state i of Wash' 9tv , Residing at My Appointmen expires 7�!! Ir _ #7 BI Page 2 of a pages 0 S 1 ' STALE OF WA5HINGTON ) • ss. county of i j On this -rt� day of i1�a� • �` before me personally ' appeared V s F to ice known to be the GeneraI Partner of the General Partnership that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said General Partnership, for a uses and purposes therein mentioned, and on oath stated that authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. 7�F'yy� ata ofuFlAt ngtonb in and for the Residing afu +Wt L �.t P My Appointment exp res 7- II• 43 "'� -• to _. cc - vI - 1 �AeLE 3 01� 1 r A ' STATE OF WASHINGTON ) S5. county of kn, On this —1-�- day of ni❑j .rr EI before me personally appearedry,s to me known to be the General Partner of the General Partnership that executed the foregoing instrument, and acknowiedged said instrument to be the free and voluntary act and deed of said General Partnership, for t e uses and purposes therein mentioned, and on oath stated that authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Bph,��+►► Not Pub24P in and for the p� a °H rr: �4 star of wa 4ngton, � - A rY ,�2 . Residing at u VAIL +.s : JDT My Appointment expires ?7- -113UBL pA6E 3 o#L 3 �� r s!IF.�n� ING .: 70. 0 O 13_ .................. ...... „......... ........... .� 1I fa Transamo:Ica Transamerica ftj{IigsLfanG9iCojq��y;'THIS SPACE PROVIDED FOR RECORDER'S 115:; Illy Title Insurance Services t - FILED FOR RECORD AT REQUEST OF I lI� 1 t t • (,:, •; tali W.C PAID WHEN RECORDED RETURN TO Nemo Costco Wholesale Corporation#14lOi1R""ri10809 - 120th Avenue N.E. Addree�.......,...»„............................... ... ._........ Kirkland WA 9BG33 CITY. Slate.2lp..._....._.............--!..... . __......... .. ., _........._................................. ...«............................... .�......« Statutory Warranty Deed THE GRANTOR K.D.E. & Associates, a Washington general partnership, forandinconsidemtionof Ten Dollars ($10.00) and other good and valuable consideration, rt- CY7lnhand paid, convoys and warrants to Costco Wholesale Corporation, a Washington corporation, (V C=) the following described teat estate, situated in the County of King , State of Washington: O t77 See Exhibit A attached hereto and incorporated herein by this reference. 42a BJIQ 6�d 1 SaTIL� WA 93101 �7 NIS) 1 �) 1U Dated - QCraOFrL If ,19 9D 1 K.D.C. & ASSOCIATES, a Washington V general p�n-rs ip ,,�� ;_— _ By: Armada/West Campus, Inc., a WashingtoBy�Rofie t J. Kn is By., n, partner n c porati ar y= am s a quest COUNTY AL OF__ _.... .,. _ _. •_• On this day personally appeared before me COUNTY OF.......—....._--. Ors this .._.» ....._.. day or. before me. the undondgned, a 1 inglan, duly commiwioned and to me known to be the individual described in and who executed the within and foregoing. instrument, and— — and acknowledged that ............._. signed the soma to me known as „._._ _......... free and voluntary act and deed, tw d Shemin mentioned. raG su. tarffi19....„ .„., e Slat; o[ Wash• appeared. .......... ..... _._... _ for tale Uses aA purposes ore -sal instrument to be the rree and voluntary act and deed of Bald corpor- atioa, for the uses and purposes therein mentio ned, and on oath stated that „... authorized to execute the said instrument and that the Real GIVEN under my land and �Maithisalfixod rs the rorporale seal of said corporation day of �. 19..�.. Witness znY hood and official seal hereto eSued the day and year flrat above wntten. Notary Public in and for the State of Washington, —U. —.am a— aye :•i _ O _ STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Robert J. Knutsen, to me. known to be a partner of K.D.E. & ASSOCIATES, a Washington general partnership, signed this instrument and acknowledged said instrument to be the free and voluntary act aria deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed••ax:: [r . 1990- I :y ••41i3 C Nota Fublic in and for the-" r•� rY �• State of Washington, residing�s�+,;::.'•►��$ at MY commission expires a STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) MO I certify that I know or have satisfactory evidence that James W. Lagerquist, to me known to be the president of N. Armada/West Campus, Inc., a Washington corporation, a partner signed this of O X.D.E. & ASSOCIATES, a Washington general partnership, and acknowledged said instrument to. be the free and CD voluntary act and deed of said partnership, for voluntary the uses and O purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed on OCA. is, , 1990. 1 Notary Puhl is in and for the •,� state of; WaRhington, residing;i.;?eS at My commission expires [ Z�:�{::. 41 o EXHIBIT A BUSH. ROED & HITCHINGS. INC DESCRIPTION PARCEL B LOT SEGREGATION - CAMPUS SQOARE F8D8RAL WAY, WASIOGTON VACATED PLAT OF EAST TA 4 OF CENTRAL ACE 43, IN ,KING DDITION THAT gOAT10N OF THE THEfC£OF RECORDED IN YOLUIiE ACCORDING TO THE PLAT COUNTY, WASHINGTON$ DESCRIBED AS FOLLORS: 4 WASHINGTON; THENCE g SOUTH SS 35fiG" EAST 50.00 COMMENCING AT THE COUNTY, COR,tiER OF SECTION 2N TDNNSHIP 21 NORTH, RANG EAST, N.H. , IN 'WEST LINE OF SAID SUBDIVISION TH AV FEET; THENCE FEET TO THE EAST MARGIN Dr ISTH AVENUE SOUTH; THENCE SOUTH 86°35' 1g" EAST THE TRUE POINT 470.00 FEET TO OF BEGINNING: +18�+ EAST b37.8I FEET TO THE WESTERLY RICKT-OF- THENCE CONTIN01 SOUTH 88'35 THENCE SOUTH 17°4Z'24" EAST ALONG TH WAY LINE OF PRIMARY STATE HIGHWAY NO- 1; OF SAID WESTERLY MARGIN 322AIL) WESTERLY MARGIN ��56 FFET To AN A 6 .1 FEETSApDTNflRTH MARGIN 7 7POINT THEREON; THENCE HE NORTH MARGINU 44 13°58 05 HEST ALONG ALONG SOUTH 352ND STREET; THENCE NORTH B8°3Z 0 25,19T WEST FROM THE TRUE POINT T OF BEGINNING; THENCE NORTH 1028'19" EAST 457.20 FEET TQ THE TRUE POINT OF FEET To A POINT WHICH BEAR S011TH 1 BEGINNING. THE ABOVPARCEL CONTAINS 328,585.SQUARE FEET OR 7.543 ACRES - THE ARKADA_LAGERQUIST STEVEN A. HITCHIHCS BRH JOB NO. 90197 jUNE I5, 1990/5CR 36A MWEC1' TO the follmin9 liens and m=Tbrances- -1- �` Q .O N M o 1. n, psoP�h'`s 1,mta share of the follo•onl I= assess�*ra' levied by Federal Way water and Sever District. A5gE5SRENT original amounts. lot Interest% January 22, 1967 Fromr 'Number of annual 20 installmentsr Jiumber of installments 4 paidr Dumber of installments 0 delinqueats Next Yastallment February 22, 1991 delinquent ons water and sewer For: L. I.D. No.: 53 Vacated Slacks 3, 1, 9, 10 and 7►FFECTSs vacated alleys in said blocksand of vacant K, L, M, pboertion aid and South nprod a�ndlines blocks produced East West and and vaouth Avenue lesseent County Road, 2e85 State Highway (said premises and other property) levied by Federal way water and Sewer District - 11SSESSMENT original amounts $10,7B2.77 10$ interests January 22, 1987 Proms Humber of annual 20 installments: ?Number of installments 4 paid= Number of installments 0" delinquents Text installment February 22, MI delinquent ans water and sewer For: L. I.• D. No. s 53 5 through Black and AFFECTS: Lots t portion f vo o t fvacatedalley and a P° loss St Sihwa B and other pzapertyj5aid premizaate -2- lJ 'M O 0 M ASSLSSSM levied by Federal Wa water and lower District. OrLginal amounts $13,057.49 =aterests lot . Froms January 22, 1987 Number of annual 3nstallmsntss 20 Number of installments taids 4 umber of Installments delLnguants p Next inst,allrent delinquent ono Fahruary 22, 1992 Fors water and sever L. I. D. No,s 53 AFFECTS: Lots 5 tbrough 22, Block 5 and portion of a vacated alley within and a portion of vacated streets adjacent [saki premises and other property] 2. NOTICE OF ADDITIONAL TAP OR CONNECTION CURGES which have been or will be levied against the premises as disclosed by recorded instr=ent. Inquiries regarding the specific amount of the charges should be made to the city. City= Federal NaX Departsiente Water and sewer. District Recorded: August 4. 1986 Recording No.s 86fl8041129 J 3. FINANCING STATEMENT. Secured Party: U.S. Bancorp Leasing s Financial Debtor: Ccztco Wholesale Corporation Covers: Personalty on the premises Filed: dulyy 11, 1999 U. C. C, No.: 890 10231 AFFECTS: Said premises and other property 4. R.ELINQUISHMENT OF ALL EASEMENTS existing: future or potential, for access, light, view and air, and all rights of ingress, egress and regress to, from and between the premises and the highway or highways to be constructed on land conveyed by deed. To: State of Washington 26, Dated: December 9, 195$ and December Recorded: 1958, reapectively January 29, 1959 and February 9, 1959 Recording No.: 4990939 and 4995246, respectively eby 5. EASEMENT provisions disclosed instrument. Purpose: Affects: Slopes, cuts and fills Portion ofthepremises adjoining the O street or road �- Recording No.: 3566431 6. EASE]iENT AND THE TERMS AND CONDITIONS THEREOF. Grantee: Puget Sound Power i Light Company, a O�7 Purpose: Washington corporation Electric transmission and/or distribution lines Affects: as constructed or to be constructed Recorded= December 27, 1980 Recording Ho.: 8812270577 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Grantees Federal, Way Water and Sewer, a municipal corporation Purpose: Water facilities Affects: 10 foot strips of land through various portions of said premises and other pro arty Recorded: May 12, 1989 Recording No.: 8905120218 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Grantee: Federal Tray Water and Sewer, a municipal corporation Purpose: Affects: Sewer facilities A northerly portion of said premises and other property Recorded: May 12, 1989 H 6905124235 Recording —4— .. ... _ ...Y _ .7: ..i-3'n = _ .'r`�..r kir Y ''i�'' �s.:•�-• . F:•,'��"�ys�Ki �� � •'^►��:-��l•-l'• : ,. • �r' . Q . - .: rl'r.:'`i ••... .. .:8.--,�y,..ri�::3't v C��,.^•7=5".'=. �.�-': .. ...�" ::,v`' i �};'t-=.v .r CYO �.i• �-�...... N i 0 f 9. RELINQUISHMENT OF ALL EASEMENTS existing, -future or potential, for access, light, view and air, and all rights of ingress, egress and regress to, from and between the premises and the highway or highways to be constructed on land conveyed by deed. To: State of Washington Dated: November 12, 1950 and February 19, 1959, respectively Recorded: December 12, 1956'a_nd March 19, 1959 Recording No.: 4975993 and 5009985, respectively 10. AGREEMENT providing a domestic water supply and sanitary sewer system. Between: Federal Way water and Sewer District And: Vest Campus Square, a Joint Venture ❑ated: August 2, 199B Recorded: September 26, 1988 Recording No.: 8809250898 Said Agreement was amended by Recording No. 8903100615. O.- :W11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Cr? Gzantee: King County, Washington N O Purpose: Affects: Native growth protection easement Southeasterly portion. of Parcel B of C=) O) Recorded: Sadler Barnard survey October 27, ?9g8 Recording No.: 8810271104 12. COVENANTS, CONDITIONS, RESTRICTIONS AND OTHER MATTERS imposed by instrument. Recorded: October 27, 1988 Recording No.: 8810271105 ' -5- Return Address City ofFederal Way Attn Kim Scattaiella 33530 l st Way South PO Box 9718 Federal Way, WA 98063-9718 20020503.01231 PAGE GetO;r 004 0 14 00 05/03,2002 11.35 KING COUNTY, WA E1883778 85/03/2002 11 35 xTAx COUNTY, uA 00 SALE re 00 PAGE 001 OF 002 STATUTORY WARRANTY DEED Grantor (s) Costco Wholesale Corporation, a Washington corporation Grantee (s) CITY OF FEDERAL WAY, a Washington municipal corporation Property Legal Description (abbreviated) PORTION SW Ya SEC 21, T21N, R4E, W M Additional Legal(s) on Exhibit A Assessor's Tax Parcel [D#(s) 219260-01 M-03 { THE GRANTORS) Costco Wholesale Corporation, for and in consideration of the City ;., of Federal Way's approval of Permit No 01-103289-000-00-CO for construction of gas station and we "'^ye and other good and valuable consideration, conveys and warrants to the CITY OF o FEDERAL WAY, a Washington municipal corporation, the real propertx described in Exhibit "A" herewith attached and made apart hereof, and any after -acquired interest therein, situated in King County in the State of Washington o o DATED THIS AC—___., day of _ _�e�,�ua.� , 204 . N GRANTOR MOTCO ALL. CORPORATION By RichaAd I li Its Vice -President / General Counsel 999 Lake Drive Issaquah, WA. 98027 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared saPri, -Vichard f Oltxi, to me known to be the Vice-President/General Counse a a 4lesale, the corporation that executed the foregoing License, 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 day of_ � _ , 20e� (notary signature) r (typed/pnnted name of notary) Notary Public in and for the Late of Washington My commission expires--- r 47-d Z� CM N cz 1 `csdcldocslsave\338425,52017 doc CV LEGAL DESCRIPTION ADDITIONAL RIGHT-OF-WAY DEDICATION All that portion of the vacated plat of East Tacoma Central Addition "B", according to Plat recorded In Volume 4 of Plats at page 43, Records of King County, Washington, more particularly described as follows COMMENCING at the Southwest corner of Section 21, Township 21 North, Range 4 East, Willamette Meridian, King County, Washington, THENCE North 010 34' 08" East along the West line of said section, a distance of 496 66 feet, THENCE South 880 35' 16" East, 50 00 feet to the East margin of 16th Avenue South, THENCE South 01 ° 34' 08" West along said East margin, 466 71 feet to the POINT OF BEGINNING, THENCE South 880 31' 41" East along the North margin of South 352nd Street, a distance of 269 33 feet, THENCE North 78° 15' 27" West, 7011 feet, THENCE North 880 31' 41" West,175 29 feet to the beginning of a 25 00 foot radius curve to the right, THENCE along the arc of said curve, passing through a central angle of 90" 05' 49", an arc distance of 39 31 feet to a point of cusp and the Easterly margin of 16th Avenue South, THENCE South 01 ° 34' 08" West along said Easterly margin, a distance of 37 54 feet to the POINT OF BEGINNING L ( l Mill � r O c� EXPIRES 5 ! 18 / 0 0 Project Name Costco Gas Station December 4, 2001 RW G/bq 6076L 002 i r — — - —� N4t'34'08'E 2649 47' l — BASIS 4F BEARINGS — 16TH AVENUE SOUTH r-37 Ste- H Ot'34048' E 4fi&.7t' 30' 42 5' "n co `n . O o N co cNJn M�w m o-�S 2 l46 - CA) a x w zi J � w m� z O U 1 b t Scale Honzantal t "=50' Vertical CijiA& 18215 72ND AVENUE SOUTH 4 1 KENT, WA 98032 (425)251-6222 (425)251-8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING. ENVIRONMENTAL SERVICES co Q m N Y 'o p For: COSTCO Job Number WHOLESALE 6076sneer Title: ROADWAY DEDICATION EXHIBIT 1 of-1 ._.1 1.A►KEHAVEN SEWER DISTRICT LH4/63 Plat 219260 E. Tacoma Cent. Add 8 avat=1tri #0809 ORIGINAL 5i EASEMENT r THIS AGREEMENT made this ,� day of _ , 19, by and between the LAKEHAVEN SEWER DISTk' a municipal corporation of King County, Washington hereinafter termed "GranteeHu nd.. FEDERAL WAY INVESTORS - -tea r•- hereinafter termed "Grantor". WITNESSETH:=- %.1 .'. That the said Grantor for valuable consideration does by thes.�. _, } NI N presents grant unto the Grantee a perpetual right-of-way or easement for O � sewer mains with the necessary appurtenances through, over, and across the following described property; The West 10 feet of the North 570 feet of the South 960 feet of that portion of the SW. 1/4 of Section 21, Township 21 North, Range 4 East, W.M., lying Easterly of the Easterly margin of 16th Avenue South. TOGETHER WITH a temporary construction easement described as the West 49 feet of the North 630 feet of the South 1000 feet of the said portion of the SW 1/4 of Section 21. Said temporary construction easement shall remain in force during construction and until such time as the sewers and appurtenances have been accepted for maintenance and operation by the Lakehaven Sewer District. I Federal Way Investors P.G. Box 5005 t Bellevue, WA 98009 i Initials LHSO EA-01 (05/82) Page 1 of 2 Easement No.� - I Said Grantee shall have the right without prior inst:.tution of any suit or proceeding at law, at such times as may be necessary, to enter upon said easement for the purpose of constructing•, main- taining, repairing, -altering or reconstructing said seder main or making any connections therewith, without incurring any legal obligation or liability therefore; provided that such shall be accomplished in a manner that existing private improvements shall not be disturbed or destroyed, or in the event that they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was enteved upon by the Grantee_ as nearly as practical. The Grantor shall retain the right to use the surface of said easement if such use does not interefere with installation or main- tenance of the sewer main. However, the Grantor shall not erect buildings or -structures on the easement. This easement shall be -a covenant runc.ing with the land and shall be binding on the successors, heirs, and assigns of both of the parties hereto. By: Q` By: Q 00 B y , CD -- p STATE OF WASHINGTON ) ss � COUNTY OF KING ) 00 I, the undersigned, a notary public in and•for the State ar washi�ton, hereby certify that on thi �' day of 19�, personally appeared .before me'� to me known to a the , t `rzs of the : who executed the foregoing Xnstrument and acknowledpn!'�that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that h•: is authorized to execute the said instrument and that the seal affixed is the Corporate Seal of said Corporation. 4 o r Pu is in and for the 'i1 gti•�v was h�. Eton, residing at: F%;_'M��`, ;t -..�� LHSD EA-02b (02182) Page 2 of 2 Easement No. (corporation) MOMQom. =TIiIE GRnWTH ,RQjECTLSNf Et1T For and in consideration of the approval by King -County of 8uildind Associates, & General• Permit Apal1 cati pn HS .tmtc-xr C2iII-0154 r K. D . �s and to Grantee, iCv d ed rtnrrrhim. hereby con•,Ws and warrants f'a� described in the real prpoerty £n Native Growth F•rotecUon EasemV-t by this reference incprosarated harei^� Exhibit A attached hereto and Cvn.rr:ance of this native Growth -Protection EasFirrer.'t SFdGPS' 'to :King land wi tt%i n the interest i County conve /s to the p%rbl i c an 7 the incittdes- the . prOVtr•vas. i pn pf natxvQ macezent. This interest that benefit the public health.,5afetYr vegetation :Far all uurneres surfacr� watrr and erpsiand and wal¢are, inclL+diRrn control {o•f visual and aLiral b»ffaaringr maintenar•.ce of slope stabilityr nrotEction of plan and an£mal habitat. The NGFE imposes upon all the iect tpKino prpsent and . future . ca,nors and occupants rebf • land stb on behalf of the public easement the ebjiga4xon. enforceable to leave undisturbed-'a?i trees and other vegetation wii-iin he cLFun_y, pruN cas*ment, The vegetation within th4k easement may not ire cut, from t7 covered -with S,iI: remp4md or damaged Without or.aress ±germ£ssi-OnfrOn the ht? vsstaiRed it, writing 00 icing Co.arstyr r_hieh. per-missicn mtest Land Devel ailment Division it 07 King County Building and . '.r-'L'rrrlS�ion LO cGS"tstrLrct and maintain, wi within the' Nti"a�'EflsthL • aZgCnCV. Stream 3=nr�ar+cement Flan :,caci f ied by the county approved drawi nr�s far buildirV Jarmit file ntsmbcr• ca-F-01151 is, granted.. The undersigned as owner covenants and'•agr•ees that% j Yefere 4c:ainninn as7d drtr:nn thf cnur;,r of any gwadin4gr buiiuina tat subiect to the ! carstrur_tirn,' or ether ev% elopmrent activit';f an a the ua:>emc-n; n� the �+raa of thv crrnr.on E,cvurndary tctv;vr:n . mupt bs• fenced or otherwise 'marlst�d to the devslooment artivzty atis-faction of King oLtntY. in witness oh��^-t-* f thi.sGQeass:nent a cr_ncutri as of this 27th __ ___ day of -- Signed: NO JY f nutsE= C:encra.i rtner K.D.E. and Ftssaciatesr E; Gvner:ai Partner e.SY10/27 41104 tU =tate'of llashiraton) RECD F. 7,00 sere ) ss CASHSL r,rW7,00 County of-Fe=rt; ) S5 On this __ � � day of ' 1�i8B. l:i�fore men t4 @ State of Washington. under: si aged a hls5tsry - Public it in and for the . l:nov�n tc+ be Robert J. Knatsen. Sole General . personally appeared to mr As-oci ate=- that sr.arcute:d t?�e forerroina Partner of K.A.E. and and ac};nuwlt?daed the s xid instrument to be the free a:1d instrL%meant, voluntary act and died rf said co,porMtion. For the Uses and purposes to ; _ tt'.>'rE'3:3 Clhalitloi.Cdr d�n[i on oath if•'tatcd that h;i L1iea authorized y F execute the said instrument. WITNESS my hand and a•ffiri.cil seal hereto affixed the day and year f fiat above written. ]_ 7dotary Public,J n and for the i state of Washinat ? residing Jrl�[,stc------•- r%C i•!v commission expires FILED for Record at Request or.. _;» rLix r.,�C�h'•' �i� �. ,_ram •Y, _ I 1 Al SA OL ERIBARNARD ; & ASSOC. INC 31218 PACIFIC HIGHWAY SOUTH FEDERAL WAY. WASHINGTON 98003-5496 r j TELEPHONE (206) 941-1599 : Llctnher 28 '19.S9: C)c•cr• IRc•A- .., 913-02N9 r ' L.F GAL J)ESCRI P'1' r oPl N i i at t7rr�wtl�P4ater~t i on E-a s rm Mont .Neinn a, port o+ the !southwest -rluartr+r o+,tiie Sciixthwcst guar {_nr n+ ter-tion' 21, T'nwfnshi(a '21 Mortt'.r ra.Hge..4'East:,. r'AlJ' , in King County, Washington; more +ally described, a:s frillo.vise • Commencing at the Southmvr,st corner o+ said :ir-ctii l 21; th�•�nce. mouth ntr 2Efea L HB 31'41" East along tm -rpntrrrlina nI= South 3:j2dS; thence North 1-6 58'06'r East,, 3'0..7.5 rent t.n a point, on the North margin :cF E co said 5raui_It '15' nrl ii:rc?^t zt tl-ic !a!^sl:car-.ly ffirir rin of Int.crrstatFf licahrwczy Nr.. • arrr! tho T•r•c..u? Fll:.Ant n•F NvWth lih-.1- ;?i '41." West: al n'iq saiirl North mare}ir+ 65:00 feEk; 'tl elzcc= Nurt-i- 01 0.1.'46" East, 25.00 f.c_,Ltg thence' North 19 04'56" East, 157_47 feet; the_,nct. North 30 59'40". East, 62.30 feet. to a point on samd Westerly rl,,argin: t)-jj�:'rcc'S�:)uth 17 42.24" East alnnr) said E Westerly trarcfi.rz 70.00 -Fe' t; thence c n -Linu.inu along said Westerly margin ' South 13 38'06" W:>st:. i67.45 fee:-�t to th-R Trur? Paint n+ Broinpinu. ' i 0 10 I .i��;.7t�,:jy'�--�r:�F.pr:`isft�''avr•`-e!?tE��^�"',c,-�x•:�.w^�•,.,-�r••w:;-.-::.• .a •'... •-y. �� _��'- -� iTdro�J'�7�.�d3.5'JJ�it��Z�4i0a .-. •`, J. �'Bcrr�i : c Lli 'sr 9." Toro Bcrm a 30/.rj0 Z : ra. r . - cn p� cy 1 LP. $ macs.,lEd SErtlEft/Tft/G.EJffa cd ? :.�. , z:R I.P. Fofj. 1.9 N- i271 1 7 3l��YlG' �' :. .. it �;.• � �. +i !v air�•od €�fa� za � 4 J• - } � Cy 1 P, a 0AP{sML,e LLJ ' cr w z ' Y; f� 7/• y4a ,x�a iv0 = _� • ` 710 f� a� SCALE DES lGt4 ED, 0•8 RAFTED, ,C!6� Tac r-ic�r • >so Sri C CHECL L.. APPROVED- '740 9L DATE, ✓ur7C ' B� SHOT J ! 1 �'�llli'ER EASEMENT ORIGINAL For and in consideration of One Dollar (SI.00) and other valuable consideration, the receipt of which is hereby sicdgrd. K.D.E. s ASSOCIATES a Flash' ng„gKal tnaershi - VTZT S deal' ' inFtiSzs se i ateInt entureMseddot Ro t SWest. Itntttsn amaZxied man bon ration Ss e1r utterer aces a �r LE5AiE CORPORATION, a F7as. won t�rTnratzanerteiiat to F>OEM ("Grifmor- herein), hcrcby grants, conveys and warrants to PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation ('Grantee" hcrcin), for the purposes hereinafter set forth, a perpetual casement aver. across and underithcrail owing describcdteal property (the "Property'herein) in Kin County. Washington: SEE ATTACHED EXHIBIT A8L', #OST7 D "" RECD !f� RECU F 9.00 C7 CRSHSL ****9.00 L►tt< � R3 Ile. EXCISE TAX NOT REQUIRED OJ - Ring Co. Records Division Deputy Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the 'Right -of -Way' herein) described as follows: A Right -of --Way Ten 10 feet in width baying Five (5) _ feet of such width on each side ofa centerline described as follows: The centerline of Grantee's facilities as constructed or to be constructed, extended or relocated, lying within the above described.property. (This easement may be superseded at a later date by a document with a more specific easement description based on a survey furnished by Grantor at no cost to Grantee). FILED FOR RECORD AT REQUEST OF: PUGEr POWER REAL ESTATE DIVISION ATTN: DICK OWNS PLLGET POWER BLDG. i3ELLEVUE. WASHMGi0N 98009 I. Purpose. Grantee shall have the right to construct, operate. maintain, repair. replace and enlarge one or more electric transmission and; or distribution lines over and/or under the Right -of --Way together with all necessary or convenient appurtenances thereto. which may include but are not limited to the following: a. Overhead facilities. Poles and. or tower's with crossarmt' braces, guys and anchors, electric transmission and distribution lines: communication and signal lines-. iransfarincrs. b..Underground facilities. Underground conduits, cables, vaults, manholes, switches and transformers; semi - buried or ground mounted facilities such as pads, transformers and switches. Following the initial construction of its facilities. Grantee may from time to time construct such additional lines and other facilities as it may require. 2. Access. Grantee shall have the right ofaccessLathe Right -of -Way ever and across the Property toenabicGrantee to exereiseit rights hereunder, provided, that Grantecshall compensate Grantor for any damage to the Property euuscJ by the exercise of said right of access. 3. Cutting ofTrees. Gra nice shall have the right to cut or t r;zn any a nd all hru%h or trec- standing or i irw,p -h. Right-of-Way.and also the right to cut or trim any trets. upon the Property which, in falling, could, in Grantee's reasonable judgement, be harard to Grantee's facilities. 4. Grantor'%use ofRighl-of-Way. Grantor reserves the right to use the Right-of-Wayforany purpose not inconsistent with the rights herein grunted. provided, that Graniorshall not construct or maintain tiny building or other structure on the Right -of -Way and Grantor shall do no blasting within 300 feet of Grantee's facilities wit hout Grantee's prior written consent. 5. Indemnity. By accepting and recording this casement. Grantee agrees to indemnify and hold harmless 0rani or from any and all claims for injuries and/ or damages suffered by any person which may be caused by the Grantee's exercise of the rights herein granted; provided, that Grantee shall not be responsible to Grantorfor any injuries and/or damages to any person caused by acts or omission.. rf Grantor. 6. Abandonment. The rights herein granted Aiall conlintic until such time as Granter cca%c% to use the Itight-ut-Way fat a period of five(5) seccm%iveyears. in which event IN% casement shall terminate and all rights hereunder shall revert to Grantor, prosidcd, that nnrbamlunmcni shall bedremcd to hate occurred ht reason ofGmniceafailure to initially install its facilities an the Right -of -Way within any pcnud of time from the d:ae hereof. rei]a Za+ A-2039 880816.3 KH—AC001 214—EO - _Zi—y Y : Y 7. Successor and Assigns.The rights and obligations of the parties shall inure to the bcnerit of and he binding tipttn their respective successors and assigns. DATED this 2ay of ���d' °�Y a - - 19 a OF On this dap ally appeared before me to me known to be the ' ' I—descr acknowledged that •igttcd rise mentioned. GRANTOR WEST rAtI21119 S RR a W.Ac j rtctf•C1➢. Joint Ve 'furs comp sed of, •J � K ~ che'rt S. XnLtts n AH ADA WEST AMPUS, XNC. a Washington Ca i SY_ Et in and who executed the within and foregoing instrument. and _free and voluntary act and deed for the uses and purposes therein GIVEN under my hand and official seal this day of Notary Public in and for the State of residing at STATE OF WASHINGTON ) SS COUNTY OF -9110AZO) . 19 . On this day personally appeared before me RnnRR4` C _ymtylrgrhl to me known to be the individual described in and who executed the within and forego)ng'instrument• and acknowledged, that he signed the some ashis free voluntary act and deed for the uses and purpp5RS therein mentioned. GIVEN under my hand and official seal this 19ae of _tyocct�mbox Notary Publi for cSi>fiC cf ' shington, residing., STATE OF WASHINGTON SS CORPORATE ACKNOWLEDGAI EN1 COUNTYOF I.•1+1•=• ) On this yA'dat 0f 1 19AS before me, the undersigned. personally appeared to me known to he the ' •1' and . rrspenivOy, of COSTCO WHOLESALE CORPORATIO_�^ 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 mpntioned. and an oath stated that /'- authorized to execute the said instrument and that the seal affixed n the earpnratc seal of said corporation. Witness my hand and ufGcial seal hcrctu affixed the clay and year first aho%c wrilten. . �,i lflkli.�, 11 ,/., i r:7i. w //•. / 'Ir��.. � M 0 Notary Public in •and lar he S atc of %Vashitt� on. Efr,ys residing at l.'•rr. .r � A? NOTARY �• 't1� canz.11.31O. Z. z ,i C/o, k PUBLIC D Ilnn�in�la.a.. 319 •D C1i l4 CIO X K.D.E. 6 ASSOCIATES A-2039 8808163 :s STATE OF WASHINGTON Es. COUNTY OF'R'IIS62Ct� .RECEIVED TfIiS DAY OEC 11 11 37 AI, '88 8YT't±EE;l;, :terra OF ORIGINAL Or. this 9rh__---day of December , 1988 , before me, a Notary Public in and for the State of Washington, duly comis- sioned and sworn, personally appeared Roberti S•itnutscn and -------------- ------ - to me Wawa to a partner ) of __ m us Square a Nashin ton .Toznt Venture 8 Was ington General Partnership, who executed the within and foregoing instrument, and acknowledged the said instrument to be -fl S free and voluntary act and deed as for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. No ry=ubtin an or he t sat':'.' Washington, residing at My Commission Expires STATE OF WASHINGTON) SS CORPORATE ACA' LEDGMEKT COUNTY OF lvr�l� ) L_ On this I Q+-;, day of , l9 6 8 before me, the undersigned. personally.ppeaFid z-v T.•T^ .ii. �Lny�vi sJ and_ _ ra me knottin:o be the n.,rh.,Pr and - _ _ _ _ """ - ��"�'� , rcsfxttitieiy. of ARIri�°i 14^ ; US-..�..I.Aif the corporation that accused the forcSoinE irstrurrcni, ar d acknou iedgcd the said insirumcnt to be +he free and rolantan•an and deed nkaid eorpor Tian, for the uses and purposrs therein mentivacd. and an oath stated that ifs 1 S -authorized to cxcaulr lbe said insirumeni and that tite sral affrxcd tc the eosporate scat of said rarporation. Witness my hand and official seal hereto affixed the day and year first abos•c written. - C. Notary r'ubiir in and�fo the State u�11'ashin�un.,: rr"' 'c-�e %��` residing atcss1--� _ + �— _ - ' aty CJIRtni 85iGIl �hria ea �•� +' 7Z ro11 FILED FOR RECORD AT REQUEST OF: PUGET POWER REAL ESTATE DIVISION f Pur3ET POW-R.R BLDG. ATTN-. DICK DOWNS i BEMEVUE• WASHINGTON 98009 � i K.D.E. 6 ASSOCIATES e-808163 EXHIBIT "A" PARCEL 1: ORIGINAL Lots 5, 6, 7, .8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23 and 22, in Block 2, Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, in Block 5, Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, in Block 8, Lots 5, 6, 7, 8, 9, 10, 11, 12 and 13, in Block 11; TOGETHER WITH portions of "K" Street, "L" Street, "M" Street, "N" Street, and portion of the North half of 3rd Street and of alleys in said Blocks 2, 5 and B as having reverted to said lots by operation of law; 1* ALL in East Tacoma Central Addition "B", according to the plat LM thereof recorded in Volume 4 of Plats, Page 43, records of King a County; MEXCEPT any portion thereof conveyed to the State of Washington by 0deed recorded January'28, 1959, under Recording No. 4990939; i� Situate in the County or King, State of Washington., R1 PARCEL 2: Vacated Blocks 3, 4, 9 and 10 of East Tacoma Central Addition "B", as per plat recorded an Volume 4 of Plats, page 43, records of King County; TOGETHER WITH the vacated alleys in said Blocks 3, 4 and 9; TOGETHER WITH that portion of vacated K, L, M and N Streets lying between the North and South lines of said blocks produced East and West; TOGETHER WITH the South half of vacated 3rd Street adjoining the above described property; AND TOGETHER WITH vacated Westlake Avenue (South 352nd Street) in said addition; EXCEPT the South 30 feet conveyed to King County for street purposes; AND EXCEPT that portion conveyed .to the State of Washington by deed recorded under Recording No. 4995246, for Primary State Highway Number 1; Situate in the County of King, State of Washington. PARCEL 3: .Lots 1, 2, 3, 4, 23, 24, 25 and 26 in Block, 5; Lots 14, IS,- 16, 1.7, I8 and 19 in Block 6; Lots 14, 15, 16, 17, 18 and 19 in Block 7; Lots- 1, 2, 3, 4, 23, 24, 25 and 26 in Block 8; Lots 1, 2, 3, and 4 in Block 11; AND Lots 14, 15 and 16 in Block.12; ALL in East Tacoma Central Addition "B", as per plat recorded in Volume 4 of Plats, on page 43, records of King County; TOGETHER WITR that portion of vacated alleys and vacated 2n3 Street (South 349rh Street) N Street (17th Avenue South), M Street (lath Avenue South) and L Street (19th Avenue South) adjoining said Lots which would attach thereto by operation of law; EXCEPT that portion of said vacated 2nd Street (South 349th Street) and L Street (19th Avenue South) conveyed to the State of Washington for Primary State Highway No. 1, by deed recorded under Recording No. 4975993; AND EXCEPT any portion of vacated L Street (19th Avenue south) lying within Primary State Highway No. 1; ~ Situate in the County of King, State of Washington. \ PLED FOR RECORD AT REQUEST OF: PUGET POWER REAL PUGET "F-R BLDG DIVISION AWN' DICK DOWNS eFLLEvUE, WASHNIGTON 98009 , K.D.E. 6 ASSOCIATES 8808163 PARCEL 4: ORIGINAL Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 in Block 6; IAts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 12, 13, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 in Block 7; Lots I, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, I2 and 13 in Block 12; ALL in East Tacoma Central Addition "B" as per plat recorded in Volume 4 of Plats, on page 43, records of King County; TOGETHER WITH that portion of vacated alleys and vacated N Street (17th Avenue South), M Street (19th Avenue South) and L Street (19th Avenue South) adjoining said Lots which would attach thereto -by operation of law; EXCEPT. that portion thereof 'conveyed to the State of Washington for Primary State Highway No. 2, by deed recorded under Recording No. 4748732; AND EXCEPT that portion thereof conveyed to the State of i� Washington for Primary State Highway No. 1, by deed recorded under N Recording No. 5009985; Situate in the County of King, State of Washington. CIZ m 03 FILED FOR RECORD -AT REQUEST OF: PUGET POWER REAL ESTATE DIVISION PL'GEf POWER BLDG_ BELLEVUE. WASHWOiON 98009 ATTN: DICK DOWNS ; 6 do 5751 SASFtMT FOR KAMM FACILITIES Tgxs AGRzzxENT by and between Federal Way Water and Sever, a -municipal corporation of King County, Washington, hereinafter termed "Grantee" and Knutsen Construction Co. hereinafter terms Grantor . WITMSEM: That' Grantor, for and in consideration of one Dollar or other valuable consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee; An easement and right -of -Way for water facilities and all appur- tenances related thereto, through, over and across the following de- scribed real property: See Exhibits "A" and "B" Attached ^5-3.rra 5 ti •r Grantee and its agents, designees or assigns shall have the right, without prior institution of &ny suit or proceeding at law and without prior notice to Grantor, at such time as Grantee deems neces- sary, to inter upon said property, by foot or vehicle, for the in- stallation, repair, reconstruction or maintenance of crater facilities and appurtenances without incurring any legal obligation or liability therefore, provided that such shall be accomplished in a manner that existing private improvements shall not be disturbed or destroyed or in the event that they are disturbed or destroyed, they will be re- placed or rupalred, as nearly as is practicable, to sa good a condi- tion as they were iwmediately before the property was entered upon by the arantes. WEST CAKPOS SQUARE PHASE I Agreesent No. 88070J N a I Grantor hereby agrees that no building, wall, 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. t3❑ excavation shall be made within three feet of said water service fa- cilities and the surface level of the ground within the easement area sNail 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 sha:.l be ac- complished within a reasonable period of time and at Grantor's ex- pense. Failure of Grantee to so exercise its right to require remov- al shall not constitute waiver of this right. Grantor additionally grants to the Grantee, its agents, design- ees or assigns, the use of such additional area immediately adjacent to said easement area as shall be required for the construction, re- construction, maintenance and operation of said water service fa- cilities. The use of such additional area shall be held to a reason- able 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 �L_ day of F E$ , 19 f1. B Y STATE OF WASHINGTON ) ss: County of Ring By I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that they Vere authoriexecute the instrument and acknowledged it as thed of }IM511�9 e the free and voluntary act of 'sucpatty tor t e uses and purposes mentioned in the instrument. DATED: a'J sI, `C! NotarX Public Wile I expires q-aj _`11_ s.. SADLER! 3 B gADDARD S ASSOC. INC 31218 PACIFIC HIGHWAY SOUTH EDERAL V'AY WASHINGTON 98001 5496 EXHIBIT "A" F February 6, 1989 TELEPHONE 12061 941.1599 Our Ref.: S9-0001 LEGAL DESCRIPTION Water plain Easement (West Campus Square) Being a portion of the Southwest quarter of the Southwest quarter of Section 21, Township 21 North, Range 4 East, W.M.* King County, Washington, described'as follows: Commencing at the Southwest corner of said subdivision: thence North 01 S4'09" East along the West line of said subdivision and the centerline of 16th Avenue Sau':h a distance of 30.00 feet: thence South Be 31'41" East, 50.00 feet to a point on the Easterly margin of said 16th Avenue South said paint being the intersection of said Easterly margin and the Northerly margin of South 352nd Street; thence continuing South Be 31'41" East along said Northerly margin a distance of 220.65 feet to the True Paint of Beginning; thence North 01 28'19" East, 10.00 feet; thence South 88 31'41" East, 16.60 feet; thence South 01 29'19" West, 10.00 feet to a point on said Northerly marging thence North 199 31'41" West along said Northerly margin a distance of 16.80 feet to the True Point .cf.Beg.inning. Sheet 1 of 1 e EXHIBIT "B" S $ ADLERI BARNARD 6 ASSR M INC 3121 A -PACIFIC HIGHWAY SOUTH FEDERAL WAY. WASHINGTON 99003-5496 TELEPHONE 12061941.1599 February 6, 1989 Our Ref..- 89-0001 Water Main Easement (West Campus Square) A strip of land 10.00 feet in -width, the margins of which lie 5.00 feet on each side and paralle: with the following described centerline: Being a portion of the Southwest quarter of the Southwest quarter of Section 21, Township 21 North, Range 4 East, W.M., King County, Washington, described as follows; Commencing at: the Southwest corner of said subelivi5ion; thence North 01 34'08" East along the West line of said sundivision and the centerline of 16th Avenue South a distance of 30.00 feet; thence South 1 08 31'41" East, 50.00 fret to a point or, the Easterly margin of said ® 16th Avenue South said point being the intersection of said Easterly �j margin and the Northerly margin of South 352nd Street; thence [4 continuing South 03 31'41" East along said Yortherly margin a distance 0 of 62S.91 feet to the True Point of Beginning; thence North 01 27'57" NEast, 2.40 feet to Point "A"; thence continuing North 01 27'57" East, 187.88 farm to Point "B"; thence continuing North 01 27'57" East, 74.95 L7 feet to Point 'C"; thence continuing North 01 27'57" East. 189.58 feet: thence North 26 16'11" West, 50.02 feet to Point "D"; thence continuing ar, Nearth 26 16'11" West, 18.00 feet to Point "E"; thence continuing North 26 16'1i" West, 349.99 feet; thence South 67 54'00" West, 13.95 feet to Point "F"; thence continuing South 67 54'00" West, 258.71 feat to Point thence North 86 06'00" West, 150.42 feet to Point "H"; thence continuing North 96 06'00" West, 3.06 feet to a point an the Easterly saargin of 16th Avenue South and the terminus of said centerline -easement; E AND the following described centerlines: E Beginning at Point "A"; thence South 88 32'03" East 17.30 feet to the i terminus of said centerline easement; 1 AND jl Beginning at Point "B"; thence South 88 32'03" East 41.50 Beet to the terminus of said centerline easement; AND Beginning at Point "C"; thence South 88 32'03" East, 17.50 feet to the terminus of said centerline easement; AND 8eginning at Point "D"; thence North 63 43'49" East, �Sr0.13 feet; thence 4 South B9 14 ' 02" East, 41.39 feet to Point "L."; thence continuing South 89 14'08" East, 359.64 feet; thence South 30 55'26" East, 31.92 feet to Point "I"; thence South 26 04'09" East, 172.78 feet; thence South 01 32'56" East, 99.44 feet to Point "J"; thence South 06 44'04" West; 12.54 feat to Point 'ICI; thence continuing South 06 44'04" West, 65.79 feet; thence South 14 01'32" West, 96.03 feet; thence South 1 06 It'll" West, 68.07 feet to a point on said Northerly margin of South 372nd Street and the terminus of said easement; AND Sheet 1 of 2 4 • err .- _ ' s s QLER► �iAOARD 8 ASSRC. INC 31218 PACIFIC HIGHWAY SOUTH FEDERAL WAY. WASHINGTON 98003.5496 TELEPHONE 1206) 941.1599 February 61 1989 ; Our Ref.: 89-0001 Water Main Easement (West Campus Square) f: (Continued) Beginning at Point "Ell; thence North 63 43'49" East, 14.00 Feet to•the terminus of said centerline easement; AND Beginning at Point "F"; thence North 02 06'00" West. 10.00 feet to the terminus of said centerline easement; AND Beginning at Point 118"; thence North 01 34'O8" East, 295.92 feet; thence South 88 24'06" East, 20.16 feet; thence North 01 35'54" East, 21.00 feet; thence North 88 24'06" West* 15.00 feet to the terminus of f said centerline easement; AND j Beginning at Point "H"; thence South•03 54'00" West, 15.00 feet to the terminus of said centerline easement; AND I 90 Beginning at Point "I"; thence North 59 04'34" East, 13.00 feet to the j V4 terminus of said centerline easement; AND Beginning at Point "d"; thence North BB 27d04" East, 20.70 feet to the y terminus of said centerline•easement; AND Beginning at Point "K"; thence North BB 31'41=' West, 18.69 feet to the X terminus of said centerline easement; I AND Beginning at Point "L"; thence South O1 29'19" West, 69.01 feet; thence. South' 88 31'41" East, 16.00 feet to the terminus of said centerline ' easement. I Sheet 2 of 2 FEDUAL WAY WAM and S diet WATER DiNISION P. 0. Eo. 4249 Federal Wry, WA 48053 J G4020•A17•03) EASEMENT Jab 8$-I'r•ilG�.8 RIW Aeferonce iI96�100-7 AI KNOW ALL MEN BY THESE PRESENTS: ForandlnconsTderallonal EIGHT HUNDRED AND 00100 GULL•'!RS the undorsigned.here lnsttertorerredto as GranWis), hereby grants a perpetual easamont to Pacific Norlrtwesl Be11 Telephone CamAahy, a Washingfon CWporalton. Hs successata drtd assigns. heratrial IOf Fe10if0d to us Gran lea, %,A In the right, pdwlogc and authority to piece, cdnslruCI, malntaln•UtIOEStOR7UHDICABLPSkAND Al➢DVEGROUND I''pL•'LFd•1;D[I 01.0Il1s,acias dear EPSntec'slaciNllesco+rsislknRo! a and other appurtenances as the Grantee may from flme to time require over, across, upon and under the hereinafter described property situaled In Il G County. Slate at r4ASH } tj gDlll and Is described as Lo?laws w THAT PORTION OF EAST TACONA CENTRAL ADDiTIOfI R (VACATED IIOVEIaB_R 16, 19U2, EXCEPT 110-1 STkEET Arlo is" STREET) VOLWIE 6, PFG'r. 26. RECORDS OF KING COUNTY, rWASHINGTON. J LYING WESTERLY OF S'"ATF RGAD 110. 5. SOUTHERLY OF STATE. ROAD NO. 18, EASTERLY OF 16th 4 AVENUE SOUTH (110" STREET) AND NORTHERLY OF SOUTH 352nd STREET; E:ICEPPT THAT PORTION [1 a OF LOTS 23, 211, 25 AIID 26 AND VACATED STREET AD.iOINING OF BLOCK 2, OF SAID \ x SWULVISWN LFiratl-SUUI'th&STHRLY O; SrATF Fbmw NO. 5 BEING A PJRTiON OF THE SOUTliviFST �S QUARTER OF THE 501717HWES-, QUARTER OF SECTION 21 NORTII. TOWNSIllf" 21 riORT11. RAtICE ff E.14 III KING COUIITY, wAS1111ICTCN. a N ��' of the an�r ,.�, : .ti. y1+n nC..•south '3r��+' of fni- WFt4t 7Ar aI ^ o �aa case- an Cinj a the above described orooerty abutting 16th Pie. S. kEXCISE OHGC-0I1fV t) TAX PAID 151989 L^ V Grantee shall at all times have the right of lull and free ingress to and egress Irom said properly described above. with the 0 understanding Thal Grantee shall be responsWe For all damage caused to Grantor arising From Granlee'saFerciseOf the rights and privileges herein granted. Grantor reserves the righl to use the easement for any purposes as lung as not inconsistent with nor an intederdnce with the rights granted Grantee herein. The rights. condillons and provisions of Ihds easement shall inure to the benefit of and be binding upon the heirs, executors, admkusllalot�.Suecess0ts andassignsOf fherespecliveparties herelo. •^ nN ,� In wiln"s vvFtIAf the undersigned has executed this instrument this ._.1 _ day of t9g Wtlnoss+' y) y -- ay Ar p r c. c4 flndlvldual Acknowledgement) Stale of I . as Data b I7a 1 9Y porsoneAyapplialedbelureme lame known tome10bethe Itdrvtddat whaesa"led Iho Iarle7np I[H llun'�eni, and ■Ckna,.rCA2rd Thal At,SL '- Itgrad ft soma ee 1' hoe arid valuntary act aro Seed. for lrw .leas and purposes slain mentioned. Ohm undar•�*har,daniallIclalSeat INS &'" day .19 •'•"t�� �r7._ssnr" 1 c •- NoieryPubkInand Cyr IngGil) IC*I_.jL - rn at ktycorrxrksstono+Diras L _ ti (Corporate Acknowlodgemsntl Slate of _ ss Counlyol On INS dayparsanally appeared baton rue who did sayhelshe is i nc at the corporation that e+eculed the foregoing Instrument. and acknawtedged said instrument to be I119 tree and voluntary act and dead of said capara Van. for the uses and putposxs therain monttanad, and an oath slated that - was/were authonred to execute said Insllumni an behalf of the corporation Given under my hand and ollieialseal this daY al . 19 NolaryPublic in and tar tho Slala of Hyconvnisswn aspires* r El is d a • . -- War' y � ' JAN 2 3 1995 EASEMENT FOR WATER FACILITIES THIS AGREEMENT by and between Lakehaven Utility ''District, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and WEST CAMPUS S JUARE JOINT VENTURE + hereinafter termed "Grantor". WITNESSETH: That Grantor, for and in consideration of One Dollar or other valuable consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee; An 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" attached. Grantee and its agents, designees or assigns shall have the right, without prior institution of any suit or proceeding at law and without at such time as Grantee deems necessary, to prior notice to Grantor, enter upon said property, by foot or vehicla, for the installation+ repair, reconstruction or maintenance of water facilities and appurtenances without incurring any legal obligation Or liability therefore, provided that such shall be accomplished in a manner that existing private improvements shall not bo disturbed or destroyed or in the event that they are disturbed or destroyed, dtheyd is lcbe recanced or repaired, as nearly us is practicable, 9 as they were immediately before the property was entered upon by the Grantee. OLIVE GARDEN Agreement No. 93-28T B i 0 I Grantor hereby agrees that no building, wall, fence, rockery, treesrected or fill termaterial be placed within the eboundaiesp of said n said or shall anymaterial 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. e, its Granter the use not l s c h additionalareaimmediately agents, designees adjacent acent to or assigns, •• said easement area as shall be op eration edof for saidhe Water rsex�rice reconstruction, maintenance and op facilities. The use of such additional area shall be held to a _ reasonable minimum and be returned to the condition ex?sting immediately before the property was entered upon by Grantee or its agents. This Agreement and each of the terms, provi tbenefit on, coloons and the covenants herein shall be binding upon and apply parties hereto and their respective successors and assigns. DATED this !IT4 day of -� ti ANY 19-1-.1—'_• WEST CAMpUS SQUARE JOINT VENTURE A Washington Partnership Bye A94PM/WfSI' Pus, INC. I s Gen al. rtner By STATE OF WASHINGTON ) Ss: County of King ) that I certify that I know or have satisfactory evidenced this .lames w. Lagerquist� instrument, on oath stated thatn�$,duthorixed to execute the nt instrument and acknowledged it as AHHADAr4�E5TeCAMPUS, INC. to of he the tree and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: _)A A 1 Title My appointment expires .. V' M ~ I BUSH, ROED & HITCHINCS, INC. EXHIBIT "All WATER MAIN EASEMENT OLIVE GARDEN RESTAURANT THAT PORTION OF THE VACATED PLAT OF EAST TACOMA.CENTRAL ADDITION 118", ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF PLATS, PAGE 43, IN KING COUNTY, WASHINGTON, SAID PORTION BEING A 15.00 FOOT WIDE EASEMENT LYING 10.00 FEET ON THE WEST AND NORTHWEST SIDE AND LYING 5.00 FEET, ON THE EAST AND SOUTHEAST SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: z COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 21. NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 1'34'08" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 496.66 FEET; THENCE SOUTH 88'35116" EAST 50.00 FEET TO THE EAST MARGIN OF 16TH AVENUE SOUTH; THENCE NORTH 01'34108" EAST ALONG SAID FAST MARGIN 36.00 FEET TO THE SOUTHWEST CORNER OF PARCEL "C" AS DESCRIBED IN THE BOUNDARY LINE ADJUSTMENT RECORDED APRIL 8, 1993, RECORDED UNDER RECORDING NO. r 9304089002; THENCE CONTINUING NORTH 1'34'08" EAST ALONG SAID EAST MARGIN 76.28 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 02'42112" EAST ALONG SAID MARGIN 49.33 FEET; THENCE SOUTH 88'35' 16" EAST 34.43 FEET; l THENCE SOUTH 03'06'18" WEST 3.50 FEET; THENCE SOUTH 86'53142" EAST 153.16 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "C"; THENCE CONTINUING SOUTH 86.531421"EAST A DISTANCE OF 14.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A" AND THE POINT OF BEGINNING OF THIS CENTERLINE DESCRIPTION; - THENCE NORTH 1*37155" EAST A DISTANCE OF 14.1 FEET TO A FoINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 1'37155" EAST A DISTANCE OF 172.5 FEET, MORE OR LESS, TO THE CENTERLINE OF A 10 FOOT WATERLINE EASLMENT ESTABLISHFJ) BY INSTRUMENT RECORDED UNDER RECORDING NO. 8905120218; THENCE CONTINUING NORTH 1'37155" EAST A DISTANCE OF 5.00 FEET TO THE TERMINUS OF THIS CENTERLINE DESCRIPTION; RETURNING TO AFORESAID POINT "A" AND THE BEGINNING OF THE AFORESAID 15 FOOT EASEMENT; THENCE SOUTH 1'37155" WEST A DISTANCE OF 250.53 FEET; THENCE SOUTH 53'5411.1" WEST 68 FEET MORE OR LESS TO THE CENTERLINE OF A 15.00 FEET EASEMENT AS SHOWN ON THE CAMPUS SQUARE BUILDING PLANS, PADS 4 AND 5, "AS CONSTRUCTED" WATER MAIN EXTENSION, DATED MARCH 24, 1994; THENCE CONTINUING SOUTH 53'54'11" WEST 5.00 FEET,TO THE TERMINUS OF THIS CENTERLINE DESCRIPTION; RETURNING TO AFORESAID POINT "B" AND -THE BEGINNING OF A 25 FOOT WIDE EASEMENT 12.5 FEET ON EACH SIDE ON THE FOLLOWING DESCRIBED CENTERLINE: THENCE SOUTH 88'26106" WEST A DISTANCE OF 28.5 FEET TO THE TERMINUS OF THIS CENTERLINE DESCRIPTION. IIN T OLIVE GARDEN RESTAURANT , JOHN m. THOMPSON, P.L.S. BRH JOB NO. 91294.05 •- o DECEMBER 20, 1994 REVISED TO REFLECT LIMIT OF L LMEHAVEN OWtiLSFiIP, JANUARY 5, 1995 Lso 904 �t -4 .1 ffir Nt 77=7', 8-, .......... Grawsh LOW r • yrr .i.4�'•�tT--�'lt°S'tr"%»�:-•:`� •%,^r,"}r!� ..SW°`• ... �,. i s�;• ny_�:_. 'r,'." . L•�i � <'.� �»'�sY�'�{,`t '`-••1*ti_��.Z�•�•r r5 .' L ..r F �-, re•' .R•t•+S� o- t'_1.�i. ; �- •�?•• • '+-�r;',7'"L•-+�'isY9 i'�<%. SF•LS r+sf• t•7'� _ - : r..f.r• ;•C'�.'rl.; C i�v. '-�. 'i'�ry2 ''y � k:. s•ry r• � .Y• ��?}•-•^. .y.',rf•.A;�:% s•' � �f!!���r.����� .t ae�}..':'i.: Y� ii,�yt,{hi,-ter •l Y: •i"t'i �} �! .. .. '.. • : s , }, p1'4 •S � -5:. •w; • �•.T"'r'-•'f • if--Ci. } ..� • i ••d .1�'• nj�• .-• r• ii -y+' :i18al..g�td-r,.r it; . r.tyq`,•�!-i,.•r.��c*�.^'. f�•} .. S. I EASEMENT FOR WATER FACIIXMS THIS AGRumMVT by and between Lg-eiwvcn Utility District, a municipal coa�poration of King County, Washington+, hereinafter tamed 'Grantee" and Hest rampus square Joint venture hereinew tamed "Grantor'. WlrNFSSEFH' 'That Grantor, for and in eonsfderation of one DoHw-or other valuable consideration, the receipt of which is hereby wlmowledged, hm-eby conveys to the GMnM, An easement and right-of-way for water facilities and all appurir.nances related thereto, through, over and across the foUuMng described teal pzoPCdY: See Exhibits "A" and "B" Attached Grantee and its agents, designees or assigns •311211 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 yr vehicle, for the insta3lation, repair, recons=ftn or maintenance of water facilities and appwtenanees without incurring any legal obligation or llaYWty therefore, provided that such shall he accomplished in a manner that existing private improvements shall not ot � aced or isturbed or destroyed or in the event. that they -amdistuifadd OF destroyed, ry repaired, as nearly as is practicable, to as good a condition as they were immediately before the property .was entered upon by the f3ramw. Campus Square Phase II Kit— -TZl A reerrEent No. 93-270 r.� m:.auo [tvsar�i Grantor Thereby >gs tW no bdWing, wall, frmte, mcbcrY, tree= Or Wucti= Of any kind "be etrxted ar.planted, nor shall any fill tnata9ai be giamd within the bowAarics of said Baser mt sera. No wav=lian shrill tte shades within there feet of said water =vice faclfsbies and the cwEme kM of 04 Vourtd wjKm fire eatternent am shall be meintsirW at the e]evasion as o mtly existing. In the event dW fife= pmij ion is violated, fire Grantee shall hive the right to mgdc remm+al of any sucb gr== and same ahall be accornplls}ted widast it rmmsb1c period of time and as Gmtaes expense. Failtum of Grantee to $0 exeacise its tight to require removal sbal! not oonstidtte waiver of this tight. Grantor additionaUy grants to the Grardft, Its agents, designees or assigns, the use of ouch additional arcs immed►a&Iy adjacent to 3%id raiment am as fall be iquined for the construction, rec mwx:aon, mairitmamae and giarstion of said water service facilities. The, ttse of such addid" area fatal! be held to s reasonable mbdmum and be returned to ttte condition euia�no immoditdr.Iy befm the property was entered upon by Grantee or its agents This'Agmemeat and sash of the tams, gmvisinas, cmiitions and covenants herein shall be binding upon and apply to the bmidt of tfss Parties hereto and their respecfive successors and assigns. JJ DATED this Lday of 19� r�`i SQUAW 34iI�! , By A gton By STATE OF WASHINGTON ) � Its GL� PM-MSKF J County of IOng ) I cu fy that I know or have wry eMem signed this tarswa w, on oath stated dnt they were mthorkcd to exeade the ius=md and aria owled ed It the to be the free and valw9mY Ad of teach party for the uses and pxyoses nfect OW i Insuument S4�n rs DATED:Li .._._-_....L,f_ My , t wu 101sm arm" .� i _.r •aw. v . f._ . s.rairjr: l ?.1:F17'� p.y. =r..14.•,__.:.. yl .� ..x ..: y r'tw-h. ' v' — '' �• hyy"+•cti�r• •.i +�]jrfmcx.writi;.�r!r• 'v. � i�l ��_. h iY•• .. .:. . ti;f yy. � r; • s�+ ��','.3T'. �j.. I >�EllII3IT "A' . NATBRLXn MOE]DSl1T DEBCKIPTION THAT PORI`ION OF THE VACATED FLAT OF BAST TACOHA CENTRAL ADDITION "B", ACCORDIIFG TO TH6 FLAT TKKMF RECORDED IN VOL'MZ 4 OF PLlTS, PAGE 43, RECORDS OF MG COUNTY, WASHINQTON, IN THE SOUTHWEST QUARTER OF SECTION 21, TGWN$UZP 21 NORTH, RANGE 4 EAST, N•N., LYING WITHIN A STRIP OF LAND 15.00 PENT IN WIDTH, HAVING 5.00 FEET OF SUCH WIDTH ON THE WESTERLY AND NORtTRER.L.Y SIDES AND 10.00 FEET 09 THE raSTERrY AND SOLFTHEA•Y SIDES OP THZ CENTERLINE OF AN ZxISTINC WATER M, THE ALIGNMENT OF WHICH I$ DESCRIBED AS FOMMS: COMMENCING AT T'FIE rnERSEL'TION OF THE EASTERLY KARGIN OF, ENCHANTED PABKNAY (5.R. 161), AND THE NORTHERLY MARGIN OF SOUTH 352ND 6TREET, mENCE SOUTH 88-31'41' EAST 250.11 FEET ALONG SAID NORTHERLY MARGIN TO RAID NATERILNE AHD THE TRUE POINT OF . BEGINNING OF SAID LUEKEiT CENTERLINE; . THENCE ALONG SAID NATEMLM AND EASEKERT CENTERLINE THE FOLLOWING ! FIVE COLMSES: THENCE NORTH OrOB'21" EAST 9.80 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; TU NCE 001fTINOIHG NORTH 01'08'21" EAST 112.86 PLJT TO THE BEGINNING OP A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 173.00 . FEET; ,=CE NORTHERLY AND HORTWM=ERLY 110.30 FEET ALONG SAID CURVE ! THROUGH A, CENTRAL ANGLE OF 3r21'52'; THENCE NORTH 35'23'32' WEST 99.49 FEET; THENCE NORTH 29'27'17" HEST 37.21 FEET TO THE TERHXNUS OF SAID r WZPMNT CENTZRLIH'E AND FROM SAID TERMINUS SAID POINT OF CO?QWCING BEARS S0M 25'02'16- WEST 366.74 FEET DISTANT; Liz AUQ, BEGINNING AT SAID POINT "A", THENCE ALONG SAID WATERLINE t AND EASEXENT CENTERLINE THE FOLLOWING TWO COURSES: - THENCE NORTH 88'51'39" NEST 10.50 FEET; ❑ THENCE SOUTH 80'06120" WEST 24.04 FEET TO THE CENTER OF A FIRE (1i HYDRANT: {� THENCE CONTINUING SOUTH 80'06'20n NEST 10.00 FEET ALONG SAID CENTERLINE TO A THRlMNUS' THXREOF. DEASENZKT THE SIDELINES OF THIS EASEKEgT SHALL BE So. SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS AND TER)UNATE IN SAID NORTHERLY MARGIN OF SOUTH 352ND STREET. SITUATE IN THE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON. ARMADA-LAGERQUIST CAMPUS SQUARE WILLIAM A. HICKOX, P.L.S. Bites JOB NO. 90197.21 JULY 30, 1997 ter. . f. ,-...�'`�','�.=.-:. .L": �'�f:•"� . ,_- ='•iy�� �.: " �Y: '� �7. T �aT.. � _ ��F w �' � 'fix.'-'r -.�J:.� . �_ • jj ram--,��'•- Kri :y; .tn CA _ No �� Q3 y F;. E_$IT'$R n, scams r=W z. rip , � ' q N gas w - I' / o 10.50� Z gg[34' BO'06'20 of g� � 1 ~R" Sal . s'a&alp,1'E 2e0.13- `T.P.O.B. SOUTH 35MD STREET WA LICE EASEmou. KETCH AMAR A-LAGEROUST PROM : CAUCUS SQUARE aaK im rev. oowz ame7-31-N F- A 1 20031014000196.001 Return Address: Lakehaven Utihty District P O Box 4249 Federal Way, WA 98063- 4249 2 031014000� 10/14/26OF e 09008 EAS �3.80 KINGGauNTY Lf COVER SHEET Document Title: Easement for Water Facilities Reference Number(s): N/A Grantor(s): Costco Wholesale Grantees): Lakeb aven Utility District Legal Descrilption: Portion Vacated Plat of East Tacoma Central Addition'B" Addib onal legal description is on Exhibit "A" of document Assessor's Pt operty Tax Parcel/Account Number: . . 219260-0290 DISTRICT USE ONLY BELOW THIS LINE Account Nunnber: 1245.100 2000.000 Project Number: 6100026 Fund: a ZT� SEWER / JOINT Amount: $2100 EXC4�5E� oAx�JOT o QUIRED sy - GPM Af 2003101400019e= EASEMENT FOR WATER FACILITIES THIS AGREEMENT by and between Lakehaven Utility District, a municipal lion of Kmg Coilret r, Washington, hereinafter termed "Grantee" and hereinafter termed "Grantor" WITNESSETH: That Grantor, for and in consideration of one Dollar or other valuable consideiation, 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 tame as Grantee deems necessary, to enter upon said property, by foot or vehicle, for the installation, repair, reconstruction or maintenance of water facilities and appurtenances without incurring any legal obingatlon or liability therefore, provided that such shall be accomplished in a manner that existing private improvements shall not be disturbed or destroyed or in the event that they are disturbed or destroyed, they will be replaced or repaired, as nearly as is practicable,• to as good a condition as they were immediately before the property was entered upon by the Grantee Costco C as Station Agreement No 00-476 Easement No JI2 833 LUD 201 E 03 (1o/27/97) 20031014000196.003 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 maintmized at the elevation as currently cxisting 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 vnthln 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 or assigns, the use of such adcitional area immediately adjacent to said easement area as shall be required for the coristrw bon, 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 biiidmg upon and apply to the benefit of the parties hereto and their respective successors ,and assigns DATED this 174W day of baun&'o 0. viol J Wfr' M-1107. ; / STATE OF WASHINGTON } SS. County' of } I certify that I know or have satisfactory evidence that L-'& &&&L z- 9-MI"L) signed this mstr anent, on oath stated that was authorized to Uex ute the ins ent wid acknowledged it as the g4JJ,t,J ' ud-t-�E.f. f .�L f�2. - � a of � `N to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED. 1 3' SPAp'''�1� e'S\CN . �'�O ''►► • .t5A�� i 1010 PUBUG o LUD 201 E 03 {1;7i h 9 F W PN&-- + ti Notary Pubhc �� Title My appointment expires_ l /g 20031014000196.004 WATER LINE EASEMENT FOR A FIRE HYDRANT That portion of the vacated plat of East Tacoma Central Addition "B", according to the plat thereof recorded in Volume 4 of Plats, Page 43, Records of King County, Washington, in the Southwest quarter of Section 21, Township 21 North, Range 4 East, Willamette Meridian, lying within a strip of land 15 00 feet in width, having 5 00 feet of such width on Northerly side and 10 00 feet on the Southerly side of the centerline of an existing water line, the alignment of which is described as follows COMMENCING at the intersection of the Easterly margin of Enchanted Parkway (S R 161), and the Northerly n-ergin of South 352nd Street, THENCE South 880 31' 41" East, 260.13 feet along said Northerly margin to said water line, THENCE along said water line and easement centerline the following five courses THENCE North 01 ° 08' 21" East, 9 80 feet to a point hereinafter referred to as Point "A , THENCE continuing North 01" 08' 21" East, 112 86 feet to the beginning of a curve concave Westerly having a radius of'173 00 feet, THENCE Northerly and Northwesterly 74 93 feet along said curve through a central angle of 241,48' 52" to the TRUE POINT OF BEGINNING of beginning of this centerline description, THENCE South 66° 19' 29" West, 22 53 feet to the terminus of this centerline description The sidelines of said easement shall be shortened or lengthened as necessary as to intersect at angle points and a line which passes through the TRUE POINT OF BEGINNING and terminus at right angles Project Name Costco Gas Station November 14, 2002 PW/lss 6076L 006 wpd - /'t_. S 3 3 t ' `' 20031014000196.006 EASEMENT FOR FIREHYDRANT 0 25 50 SCMLE: T = 50' ` S 88'31'41 "E 280 S66.19'29-W(R) 5 22 53' {q' R = ] 73 (I L=7493 I L� = 24'48'5f EASEMENT PER REC w 15' NO 9709220715 tv POINT • o z SOUTH 352nd STREET File P \06000s\6076\survey%6076EX3 dwq Date/Time, 11/14/2002 1525 Scale 1=50 pwallace Xrefs Horizontal 1"=50' Vertical F0r' Job Number COSTCO 6075 18215 nNO AVENUE SOUTH r� KEM, WA 98032 (425)251-6222 y (425)251-8782 FAX CIVIL ENGINEMNG, LAND PLANNING, SURVEYING, EcWRONMENTAI. SERVICES i WHOLESALE sheet FIRE HYDRANT EASEMENT of 1 20031014000197.00.1 Return Address: Lakehaven Utility Distract P 0 Box 4249 Federal Way, WA 98063-4249 � 1 20031014000197 KING COUNTY EAS 23.00 PAGE 001 OF 005 10/14/2003 03.06 KING COUNTY, WA COVERSHEET Document Title: Easement for Water Facilities Reference Number(s): 970220715 Grantor(s): Costco Wholesale Grantee(s): Lakehaven Utility District Legal Description: Portion.Vacated Plat of East Tacoma Central Addition "B" Additional legal description is on Exhibit "A" of document Assessor's Property Tax Parcel/Account. Number: 219260-0290 DISTRICT USE ONLY BELOW THIS LINE Account Number: 1245.1002000 000 Project Number: 6100026 Fund: z � I SEWER / JOINT Amount: $23,00 EXCISE TAX NO i '1EGUIRED Kng Ca Ra jns Oivr on By*df L De" 20031014000197.002 EASEMENT FOR WATER FACILITIES THIS AGREEMENT by and between Lakehaven Utility District, a municipal tion of King County, Washington, hereinafter termed "Grantee" and hereinafter - kc � l termed." Grantor" VATNESSETII: That Grantor, for and m consideration of one Dollar or other valuable consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee, . A perpetual, non-exclusive easement and nght-of way for water facilities and all appurtenances related thereto, through, over and across the following described real property See attached EXHIBIT "A!- legal description of partial realignment of water main recorded under Auditor's File No. 970220715 See attached EXHIBIT `B" drawing depicting the legal descriptions 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 tame as Grantee deems necessary; to enter upon said property, by foot or vehicle, for the installation, repair, reconstruction or maintenance of water facilities and appurtenanoes without nicurnng any legal obligation or hability therefore, provided that such shall be accompla:hed m a manner that existing private improvements shall not be disturbed or destroyed or in the event that they are disturbed or destroyed, they will be replaced or repaired, .as nearly as is practicable, to as good a condition as they were immediately before the property was entered upon by the Grantee Costco Gas Station Agreement No 00-476 LUD 20I E 0 1 (10/27/97) Easement No J12 834 20031014000197.003 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 al -ea 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 or 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 % , - day of .ILO-v7tll� By_ Its `-i STATE OlF WASMNGTON ss. County of q� — U I certify that I know or have satisfactory evidence that L& signed this ixistrum.ent, on oath stated that was authorized ' to execute the ins ent and acknowledged it as the of to be the.free and voluntary act of such part for the uses and purposes mentioned in the instrument DATED: d� (7 P 1 Ma rf nn L . u�+�+ Notary Publics P.Z7I1 I dr J a +•� �' `' Title PU500 J. My appointment expires ]]� LUD201 � �t 3 �..•••'' � d �,ti�afi 1NA5 9= 4 - - 20031014000197.004 PARTIAL REALIGNMENT OF WATER LINE EASEMENT RECORDING NO 9709220715 That portion of the vacated plat of East Tacoma Central Addition "B", according to the plat thereof recorded in Volume 4 of Plats, Page 43, Records of King County, Washington, in the Southwest quarter of Section 21, Township 21 North,'Range 4 East, Willamette Meridian, lying within a strip of land 15 00 feet in width, having 5 00 feet of such width of the Westerly and Northerly sides -and 10 00 feet on the Easterly and Southerly sides of the centerline of an existing water line, the alignment of which is described as follows COMMENCING at the intersection of the Easterly margin of Enchanted Parkway (S R 161), and the Northerly margin of South 352nd Street, THENCE South 88" 31' 41" East, 260 13 feet along said Northerly margin to said water line, THENCE along said water line and easement centerline the following five courses THENCE North 010 08' 21" East, 9 80 feet to a point hereinafter referred to as Point "A°, THENCE ccntinuing North 01" 08' 21" East, 112 86 feet to the beginning of'a curve concave Westerly having a racius of 173 00 feet, THENCE Northerly and Northwesterly 110 30 feet along said curve through a central angle of 36" 21' 52", THENCE North 360 2T 31" West, 94 00 feet to the TRUE POINT OF BEGINNING of beginning of this centerline description, , THENCE continuing North 350 23' 31" West, 3 42 feet, THENCE North 01 ° 34' 08" East, 47 09 feet to the terminus of this centerline description. The sidelines of said easement shall be shortened or lengthened as necessary as to intersect at angle points and a line which passes through the TRUE POINT OF BEGINNING and terminus at right angles Project Name Costco Gas Station May 20, 2002 DJS1bq 6076L 005 wpd 20031014000197.005 WATER EASEMENT RELOCATION I I EASEMENT PER REC 15' NO 9501230404 S53'54'11 "W 68 00 48.32' TO T P 0 B ND NMENT) S53'54' i 1 "W 5 00' N29'27' 17 W 37 21' N35'23'31 3 42' T P 0 B OF ABANDONMENT OF REC. NO 9709220715 AND OF RELOCATION N35!23'31' W 98 49' (9400' TO T P 0 B ABANDONMENT) r :......" AREA OF RELOCATION ii AREA OF ABANDONMENT L T.P.O.B OF ABANDONMENT OF REC NO 9501230404 N01'34'08"E 4709 L 1 cn N EASEMENT PER REC 15' NO 9709220715 ]}I 1 M 1 ,le P\06000s\$076\surv6y\6076E%2dwg Date/Time 05/21/cu0G ?a:i JROie 1=5u pwanace Arers'� Scale: Xon'zontal 1 "=50' Vertfcal For: C O S TCO WHOLESALE Job Number 6076 H, 1921E 72ND AVENUE SOUnt [ENT, WA SM32 (425)251-6222 (425)251-8782 Fax Sheet Title: — CIVIL ENGINEERING, LAND ovaPLANNING. SURVEYING, WATER? ! EA OEMEI`I`�!` RELOCATION 1 ! �f 2Q031.014000209.001 Return Address: Lakehaven Utility District P. O Box 4249 Federal Way, WA 98063-4249 200310140002 PAGE 001NAF 004 RS 22,0@ I0/14/2003 09'06 KING coUNTy, tin COVER SHEET EXCISE TAX NOT REQUIRED King co C=fdC Dwsion By PulY n LAKEHAVEN UTILITY DISTRICT ABANDONMENT OF EASEMENT WHEREAS, Lakehaven Utihty District, a municipal corporation in King County, Washington, was granted easements for the puzpose of maintenance and operation of a water distribution system, and WHEREAS, a portion of the corresponding portions of such easements District, NOW, THEREFORE, water facilities have been relocated and the are no longer necessary and/or desirable to the The undersigned does hereby waive and abandon any and all. claim or interest in and to easement rights created by easements given to the District and described as follows SEE EXHIBITS "A" AND ''B" ATTACHED HERETO LAKEHAVEN UTII-Z'I'Y DISTRICT King County, Washington President aand Co sioner 48ecre anJCssioner Dated / p -� LUD 201 E 19 (IN30196) Original Easement No, K12-287-556 Aud File No 95012344F%4 K Section K-12 20031014000209.003 PARTIAL WATER LINE EASEMENT ABANDONMENT RECORDING NO 9501230404 That portion of the vacated plat of East Tacoma Central Addition "B', according to the plat thereof recorded in Volume 4 of Plats, page 43, )n King County, Washington, said portion being a 15 00-foot-wide easement lying 10 00 feet on the West and Northwest side and lying 5 00 feet vn the East and Southeast side of the following described centerline COMMENCING at the Southwest corner of Section 21, Township 21 North, Range 4 East, Willamette Mendian, to King County, Washington, THENCE North 01' 34' 08" East along the West line of said subdivision 496 66 feet, THENCE South 880 35' 16" East, 50 00 feet to the East margin of 16th Avenue South, THENCE North 01 ° 34' 08" East along said East margin 36 00 feet to the Southwest cornerof Parcel "C" as described in the Boundary Line Adjustment recorded April 8, 1993, recorded under Recording No 93D4089002, THENCE continuing North 01 ° 34' 08" East along said East margin 76 28 feet to an angle point therein, THENCE North 02° 42' 12° East along said margin 49 33 feet, THENCE South 880 35' 16" East, 34 43 feet, THENCE South 036 06' 18" West, 3 50 feet, THENCE South 66' 53' 42" East, 153 16 feet to the Northeast comer of said Parcel "C", THENCE continuing South.86° 53' 42" East, a distance of 14 71 feet, THENCE South 01 ° 37' 55" West, a distance of 250 53 feet, THENCE South 530 54' 11" West, 46 32 feet to the TRUE POINT OF BEGINNING of the centerline description, THE continuing South 539 54' 11" West, 2168 feet more or less to the centerline of a 15 00 feet easement as shown on the Campus Square Building plans, Pads 4 and 5, "as constructed" water main extension, dated March 24,1994, THENCE continuing south 53° 54' 11" West, 5 00 feet to the terminus of this centerline description, The sidelines of said easement shall be shortened or lengthened as necessary as to intersect at angle points and a line which passes through the TRUE POINT OF BEGINNING and terminus at right angles EXHIBIT "A° Project Name Costco Gas Station May 20, 2002 D,lS/bq 6076L 003 wpd ZUU31014000Z05.0U4 I WATER EASEMENT RELOCATION { EASEMENT PER REC 15' NO 9501230404 I S53'54' 1 i '1u 68 00' A49AiJDONM NT] O B S53'54' 1 1 "W 5 00' N29'27'17 "W --" 37 21' . N35'23'31 "W- 3 42' T P 0 B OF ABANDONMENT OF REC NO 9709220715 AND OF RELOCATION N35 23'31'1N 98 49' (94 00' TO T P 0 8, ABANDONMENT) EXH1131T "B" AREA OF RELOCATION AREA OF ABANDONMENT > --TPOB OF i ABANDONMENT OF REC NO 9501.230404 N01'34'08"E 4709 1 1 j I EASEMENT PER REC N —15' NO 9709220715 ' w ry a � Z Scale Honzontal 1"-50' Vertical r For: c o s r c o Job Number 8078 ��Hac► ItA_ 1KENT, WA 98032 AVENUE SOUTH WHOLESALE Sheet (425)251-8222 (425)251-8782 FAX Title: 'yv CIVIL ENGINEERING LAND WATER ' E11G PLANNING, SUPVEYING, EWRONMENTAL SERVICES EASEMENT RELOCATION 1 at_'I 20031014000210.001 Return Address: Lakehaven Utility District P O Box 4249 Federal Way, WA 98063-4249 20031014000210 KING COUNT; EAS PAGE e01 G 094 10/14/2003 08.06 'LING COUNTY, d COVER SHEET Document Title: Abandonment of Easement Reference Number(s): 9709220715 Grantor(s): Lakehaven Utility District Grantee(s): Costco Wholesale Legal Description': Portion Vacated Plat of East Tacoma Central Addition "B" Additional legal description is on Exhibit "A" of document. Assessor's Property Tax Parcel/Account Number: 219260-0290 DISTRICT USE ONLY BELOW THIS LINE Account Number: 1.245,100.2000.000 Project Number: 6100026 Fund: pira ',- SEWER / JOINT Amount: $22.00 EXCISE TAX NOT REQUIRED King Co Records DMston BY, Deputy 20031014000210.002 LAKEHAVEN UTILITY DISTRICT ABANDONMENT OF EASEMENT WHEREAS, Lakehaven Utility District, a municipal corporation in King County, Washington, was granted easements for the purpose of maintenance and operation of a water distribution system, and WHEREAS, a portion of the water facilities have been relocated and the corresponding portions of such easements are no longer necessary and/or desirable to the District, NOW, THEREFORE, The undersigned does hereby waive and abandon any and all claim or interest in and to easement rights created by easements given to the District and described as follows SEE EXHIBITS "A" AND "B" ATTACHED HERETO LAKEHAVEN UTILITY DISTRICT King County, Washington President and Comm stoner Ah fir — F _ s.:�. �!sm Original Dated ! 3 Easement No K12-721 Aud File No. 9709220715 1/4 Section K-12 LUD 201 BIB (12/30/96) 20031014000210.003 ' y ti PARTIAL WATER LINE EASEMENT ABANDONMENT RECORDING NO 9709220715 That portion of the vacated plat of East Tacoma Central Addition "B", according to the plat thereof recorded in Volume 4 of Plats, page 43. Records of King County, Washington, in the Southwest quarter of Section 21, Township 21 North, Range 4 East, Willamette Meridian, lying within a strip of land 15 00 feet in width, having 5 00 feet of such width on the Westerly and Northerly sides and 10 00 feet on the Easterly and Southerly sides of the centerline of an existing water line, the alignment of which is described as follows COMMENCING at the intersection of the Easterly margin of Enchanted Parkway (S R 161), and the Northerly margin of South 352nd Street, THENCE South 88' 31' 41" East, 260 13 feet along said Northerly margin to said water line, THENCE along said water line and easement centerline the following courses THENCE North 01" 08' 21 ° East 122 66 feet to the beginning of a curve concave Westerly having a radius of 173 00 feet, THENCE Northerly and Northwesterly 110 30 feet along said curve through a central angle of 36° 21' 52", THENCE'North 35" 23' 31" West, 94 00 feet to the TRUE POINT OF BEGINNING of this description, THENCE continuing North 35" 23' 21" West, 4 49 feet, THENCE North 290 27' 17" West, 37 21 feet to the terminus of said centerline and from said terminus, said point of commencing bears South 250 02' 16" West, 366 74 feet distant, The sidelines of said easement shall be shortened or lengthened as necessary as to intersect at angle points and a line which passes through the TRUE POINT OF BEGINNING and terminus at right angles EXHIBIT i'A" Project Name Costco Gas Station May 20, 2002 DJSIbq 6076L 004 wpd 20031014000210.004 WATER EASEMENT RELOCATION • If J— NO EASEMENT PER R9501230404 S5354'11'W 6800 (46 32' TO T P 0 B ABANDONMENT) 553'54' 1 1 "W 5 00' N29'27' 17'tiNJ 37 21' N35'23'31 "W — 3 42' T P 0 B OF ABANDONMENT OF REC NO 9709220715 AND OF RELOCATION N35 23'31 "W 98 49' (9400' TO T P 0 S ABANDONMENT) EXHIBIT "B" r AREA OF RELOCATION AREA OF ABANDONMENT j, LTPOB OF ABANDONMENT OF REC NO 9501230404 NO1'34'08 "E 4709 4 as N EASEMENT PER REC —IS' NO 9709220715 Scale. Horizontal 1"-50' Vertical For: C O S T C O Job Number 6076 SOUTH WHOLESALE �Q-�'0AtSti m KENT. WA 9803V2E7dUE (425)251-6222 Sheet _ (425)251-6782 FAX Title: WATER CIVIL ENGINEERING, LAND SURSy_ ENVIROINM�ENTAALµSERVICES EASEMENT RELOCATION 1 a 1 West Campus Square Agreement No. B$ 082 T A G R E E M E N 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 West Campus Square, a Joint Ventura, c/o Suite 3202, 2001 Sixth Avenue, Seattle,. Washington 98121, hereinafter referred to as "Developer." 88/09/26 40M D RECD F 12.00 WITNESSETH: CRSHSL ***12.00 11 WHEREAS, the District operates and maintains a domestic water supply and sanitary sewer system within its boundaries which can serve property of 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 operatiirn.bY, the District, NOW, THEREFORE, IT IS HEREBY AGREED that:Z. 1. The 'land for which domestic water supply and ,sewer` ` service is requested and to which this Agreement applke, realty in King County, Washington, legally described nn Exhibit W , attached hereto and by this reference incorpor- ated herein. By executing this Agreement, Developer repre- sents and warrants that it is the owner of record of the above -described property. If such representation of ownership F 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. 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. 88-224, or any subsequent amendment thereto, which charges are more specifically described as follows: i WATER SEWER Section B - AJ-2: Developer Extension Charge includes administrative, inspection, engineering, legal and Boat a PrIwolt Aaatesys.t Law 422 Fast Main AaOam. W&gftian a= t Page 1 r2oer a,3�w . au swlo co CJ` co O .D CV 3 0 to •00 t West Campus Square Agreement No. gax WATER SEWER other costs associated with the exten- sion cf water and sewer facilities. $ 2,407.70 $ 2,400.00 (See subsections a & b below.) Section E: Right -of -Way construction to cover District's cost associated in the Right -of -Way Construction Permit for both state or county permit. $ 235.00 235.00 Total $ 2,642.70 $ 2,635.00 a. The Developer Extension Charge for water shall cover alloted 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.O.W. Construction Permit, the Developer shall be charged and shall pay, prior to acceptance of facilities, the prevailing hourly rate of $45.00 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 Dune 24, 1988 , the Agreement shall be void and a new Developer Extension Applica- 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 July 31, 1989 , (unless delayed by an unavoidable accident, strike 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 construction 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 Developer's contractor shall meet with District representatives for a ore -construction conference before construction is commenced. The Developer shall submit mylar originals prior to or at the pre -construction conference. 6. In addition to all amounts payable by the Developer, as set Eorth herein, the Developer shall pay, prior to the pre -construction conference, the sum of $53,250.00 as and for a charge in -lieu of assessment for water facilities previously Back a Pnid" Attomap at Lew 422 Eon Main Page 2 Auburn. WaWngtongem (20) 9"-4397 . es«o West Campus Square Agreement No. $&05'a3_ constructed which provide direct benefit to Developer's property, or a portion of Developer's property, pursuant to and in accordance with the District Resolution No. 88-224, Section S. 7. The District will make application for King County Property Division 'Right of Way and Construction Permit'. 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, either direct or indirect, for the delay and expense of such work stoppage. Developer shall procure all other state and county licenses or permits. S. 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 commence- ment of work. Developer shall be obligated to obtain a writ- ten release from any property owner across whose property con- struction is performed.pursuant to the grant of an easement, sufficient to indicate that the site restoration on the ease- ment is satisfactory and complete. CV Q 9. Prior to the commencement of work described herein, Developer shall deliver to the District a restoration perform - to bond in the sum of $ , conditioned that Developer will restore to the satisfaction of the District, and state and county 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. 10. Construction shall be oerformed•in accordance with District approved plans and specifications and only under the supervision of workers or craftsmen experienced in the instal- lation of water and sewer mains and the related work. 11. 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. 12. The District shall not be obligated to allow connect- ion of any property designated in the King County Sewerage general Plan as "Non -local Service Area". 13. 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 cnnstruc- noe.t a v,tkn.n Atiwnwys at Lew 422 East Main - Page 3 Auburn, washinpba9eoo2 [xapari-c3sr • es<-saru j e West Campus Square Agreement No. Sgogc,5 tion 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 minimal 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 of not less than $1,000,000.00 for each accident. A certificate of insurance shall be provided, prior to ❑r at the pre -construction confer- ence, stating the amounts of the coverage and the inclusion of the District as an additional insured. Ten days written notice shall be given to the District for cancellation or expiration of this insurance. 14. Developer shall notify the District the date work and construction described in this Agreement will commence, and said notice shall be given not less than 72 hours (not includ- ing Saturday, Sunday or national holidays) prior to such date. No sewer and/or water facility shall be covered prior to inspection. After work is commenced, it shall vigorously, consistently and in a first-class workmanlike manner be carried to completion. Developer shall maintain at the con- struction area at all times during construction, a representa- coCD wive to whom District notices may be given regarding constrau- tion. said representative shall be designated in writing by %0 the Developer before start of work. Developer may request 0 inspections during construction upon 2-day's notice to the .T District. O GO 15. Testing of water and sewer facilities shall be performed as required by the District and only after satisfac- tory tests have been completed and witnessed by the District's designated agent, will the work be accepted. 16. Upon completion of construction, Developer or con- tractor shall deliver to the District a bond in the amount of ten percent (10$) of construction costs or $5,000.00, which- ever 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, arisilig from faulty labor or material. Form of bond is to be approved by attorney for the District. Developers shall also deliver Bill 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. 17. 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. IS. 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 orior to said acceptance of work by the District. +i Book & Mchott )� +� Atlameys at Lew 422 East Mein Page 4 Aubmn,waehtrgtonit M i. a i. West Campus Square Agreement No. _g-?opas_ 19. Work and construction performed under this Agreement shall not be connected to the District's sewer or water system until all provisions and requirements of this Agreement and District Resolution, on the part of Developer, have been fully complied with. 20. 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. 21. Developer shall not assign this contract without the written consent of the District. 22. The District acknowledges that the General Facilities Fee has been paid to the District as a portion of the assessment on the District's ULID No. 53 and that a credit for nine (9) Equivalent Residential Units per acre for the District's current Capital Facility Charge exists. Accordingly, Developer, or Developer's successors in interest, shall be obligated only for any exc.Dss level of facilities usage on the property above nine (9) Equivalent Residential Units per acre as determined by the District. The District CO shall provide sanitary sewer service following District acceptance of the sanitary sewer mains and facilities for CD operation and maintenance. Said sewer service shall be ►� provided to subject property, or any portion thereof, upon payment of the connection charges as set forth and in C] accordance with District Resolution No. 88-224. Pursuant to xi Resolution No. 88-224', connection charges shall consist of a l ` Capital Facilities Charge of $250.00 per equivalent residen- tial unit of service requested, and the District's Side Sewer Permit Fee and any other such charges levied in accordance with said District Resolution No. 88-224 or amendments thereto or any other applicable District Resolution at time of request for service and issuance of the side sewer service permit. 23. The District shall.provide water service following the District's acceptance of the water distribution system for operation and maintenance. Said water service shall be pro- vided to subject property, or any portion thereof, upon payment of the connection charges as set forth and in accord- ance with District Resolution No. 88-224. Said connection charges shall consist of the Capital Facilities Charge (CFC), Meter Installation Charge, Right -of -Way Construction Permit Yee, -where applicable, and any other charge to be levied in accordance with said District Resolution No.•88-224 or amend- ments thereto or any other applicable District Resolution. at time service is requested. 24. 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. 25. 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. Bonk IL PRIk ff Ahomeys at Lew 422 East Main Page 5 Aubum. Waahlnpian ti = ...i•. (20+J=-AX7 . W4-5 20 00 G N O CO W West Campus Square Agreement No. ?Raga; 26. 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. 27. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provi— 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 this Agree— ment, to its actual attorney's fees and costs, including those incurred on appeal. WITNESS our hands and seals. West Campus Square, a Joint Venture By O e� Mc azo, Fresi'Sent Armada/lIest Campus Inc. Dated: �f.�•fa���f�l STATE OF WASHINGTON ) ss: County of King ) Federal Way Water and Sewer District, King County, Washington Direct6r�of Engineering Dated: _ I certify that I know or have satisfactory evidence that }�nr r rLk,� 1�r 73 signed this instrument, on oath stated that was authorized to' execute the instrument and acknowledged it as the of West Campus Square, a Joint Venture, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:��.�-� Page 6 Notary Public Title L. LSWgjL_-4.4•` •. r=�IlU1�l� h3Fi7`�L • L3pi�� My appointment expires Booeki MIch if Anameys at Law 422 Ent Meta AUaam, Wmmngfan 98= (em) 833r49? , M4M i s f $gosa5 EXHIBIT A LMAL DESCRIPTTCN Lots 1, 2, 31 4, 23, 24, 25 and 26 in Block 5; Lots 24, 15, 16, 17, 18 and 19 in block 6; Lots 14, 15, 26, 17, IS and 19 in Block 7; Lots 1, 2, 3, 4, 23, 24, 25 and 26 in Block 81 Lots 1, 2, 3 and 4 in Block ill AND Lots 14, 15 and 16 in Block 12; ALL in East Tacoma Central Addition "B",,as per plat recorded in Volume 4 of Plat_, on page 43,•records of King County; TOGEMER WITH that portion of vacated alleys and vacated 2nd Street (South 349th Street), "N" Street (17th Aven+ie south, `M" Street (18th Avenue South), and "L" Street (19th Avenue South) adjoining said Lots which would attach thereto by operation of ]awl EXCEPT that portion of said vacated 2nd Street (South 349th Street) and "L" Street (19th Avenue South) conveyed to the State of Washington Ear Primary State Highway No. 1, by dead recorded under Recording No. 49759931 AND EXCEPT any portion of vacated "L" Street (19th Avenue South) lying within Primary State Highway No. 1; AND; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,-20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 in Block 6; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 20, 21"1 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and•32 in Block 7; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 in Block 12; ALL in East Tacana Central Addition "B", as per plat recorded in Volume 4 of CO Plats, on page 43, records of King County; 0- 'iCGE11PER WITH that portion of vacated alleys and vacated "N" Street 117th CO Avenue South), "tt" Str_et (16th Avenue South), and "L" Street (19th Avenue South) adjoining said Lots which would attach thereto by operation of law; N EKCEPT that portion thereof conveyed to the State of Washington for Primary State Highway Na. 2, by deed recorded under Recording No. 4748732; CD AND EXCEPT that portion thereof conveyed to the State of Washington for Primary Co Skate Highway No. 1, by deed recorded under Recording No. 5009985; Situated in the County of King, State of Washington. Page 1 of 2 EMIBIT A LIMAL DESCRTP = Lots 5 through 13, inclusive, Block 11; Lots 5 through 22, inclusive, Block B; cats 5 through 22, inclusive, Block 5; Lots 5 through 22, inclusive, Block 2; T LIMER WTTIi portions of "K" Street, "L" Street, ";N" Street, "N" Street and portion of the North half of Third Street and of alleys in said Blocks 2, 5 and 8, as have reverted to said lots by operation of law; ALL in East Tacoma Central Addition "B", according to the plat thereof recorded in Volume 4 of Flats, page 43, in Kind County, Washington; ExC: Pt any portion thereof conveyed to the State of Washington by deed recorded January 28, 1959 under Recording Number 4990939; AND; Vacated Blocks 3, 4, 9 and 10, East Tacoma Central Addition "B", according to the plat thereof recorded in Volume 4 of Plats, page 43, in icing County, Washington; TOGLTM {•T= the vacated alleys in said Blocks 3, 4 and 9; TCGEii M WZTH that portion of vacates? "K"", "L", "M" and "N" street lying bet -seen the north and South lines of said Blocks produced East and West; ' MGMER WITH the South half of vacated Third Street adjoining the above described property; and TaG£Th'ER WITH vacated Westlake. Avenue {South 352nd Street) in said addition; EXCEPT the Scuth 30.00 feet conveyed to King County for street pjrposes; and EXCEPT that portion conveyed to the State of Washington by deed recorded CC) � under Recording-N=nbec 4995246, for Primary State Highway Number 1. N ' J C:) 0 Page 2 of 2 a P -0 7, 8S0;D3 1 _L0 O� co West Campus Square WAIVID Agreement No. 88070 NOV t a AMENDMENT TO DEVELOPER EXTENSION AGREEMENT FEOERALW4y""=448EWER THIS AMENDMENT, entered into in duplicate between Federal Way Water and Sewer District, King County, a municipal corpora- tion of the State of Washington, hereinafter referred to as the "District", and Knutsen Construction Co., P.O. Box 596, Milton, Washington 98354, hereinafter referred to a8gxfldifDeveloper" :#0615 1A RECD F 7.00 CASHSL ww*-.*7.00 WITNESSETH: u5 WHEREAS, the District and Developer previously entered into a Developer Extension Agreement on AOrausT 2, 14$8 • hereinafter referred to as "Agreement", to provide for Developer's construction of certain water facilities for connection to'the District's system, which Agreement was recorded under King County Auditor's File No. SAcq;14 08_, and WSERFAS, to accomodate Developer's construction schedule, the parities agree that certain portions of the property subject to the Agreement should be deleted from the area covered thereby; NOW, THpREFORE, BE IT AGREED as follows: I. The parties agree that Paragraph Nc. 7 of the Agree- ment shall be amended insofar as it refers to the property which is subject to the Agreement. Following the execution of this Amendment, the property subject to the Agreement shall be as described on Exhibit "A", attached hereto and by this refer- ence incorporated herein. It is acknowledged that this Amend- ment shall create a reduction in the area subject to the Agree- ment, as well as a release from the Agreement as to hhose areas described therein which are not describer) in this Amendment, and, as a consequence of this release, Developer agrees that in khe event service is requested for the area, or a portion of the area, no longer subject to the Amendme;st by virtue of the execution of this Amendment, Developer, or its successors in interest, shall be obligated to make a nsw application for such service and execute any necessary Developer extension Agreement as required by the District. `7 ill hil gdAB e«'k av1Re11 n 5(1� 1i ! IT Att"maya al Law Page 1 4LEast MAW Aubum. W&*Jnpnn ffi= (2MJ e3J-�JY; . esastie 170 Slit., c13A1393H J 2. neveloper agrees that at -such time as construction of any structure occurs on the property which would encrOdch upon the District's easement for Fame, Developer shall abandon, by physical disconnection, the temporary water line which runs Parallel to the north aide of the Costco building currently situate on the property. 3. All other provisions of said Agreement not herein amended shall remain in full force and effect. WITNESS our hands and seals. Knutsen Construction Co. Federal Way Water and Sewer District J, King County, Washington Dsrec or Engineering Dated: Dated: :-9 STATE OF WASHINGTON ) ss: County of King ) U") I certify that I know or have satisfacLdry evidence that Oftbert J. Knutsen signed this instrument, on oath (3 stated that he was authorized to execute the instrument and 0 acknowledged it as the owner of Knutsen Construction Co., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Tanuary 31 1989 Notary Public Title My appointment expires--'Z-9r Page 2. Boo& & prud"K AtWmvp At Law 422 Fag Main Autwm, WAINnglon mm (20dja=- , . tW3020 rj ' 0 LEGAL DESCRIPTION EXHIBIT "A' WEST CAMPUS SQUARE PHASE I Agreement No. 88070 That portion of the Southwest quarter of the Southwest quarter of Section 29, Township 21 North, Range 4 East, W.M., described as follows: Commencing at the Southwest corner of said cubdivision; thence running South 88'31'41" Ecst along the South line of said sub- division a distance of 50.00 feet; thence North 01"34'08" East a ( j distance of 30.00 feet to the True Point of Beginning; tnenGe continuing North 01°34'08" East a distance of 840.00 feet; thence South 88"31'41" East a distance of 463.92 feet; thence South 29.25130" East a distance of 290.76 feat; thence South BB'31'41" East a distance of 439,3E feet; thence south 31'32124" East a distance of 47.78 'feat; thence South 17.42'24" East a distance of 410.00 feet; thence South, 13'58'06" West a distance of 167.15 feet; thence North BB'31'41" West a distance of 1,178.58 feet to the True point of Beginning: and Commencing at the Southwest corner of said subdivision; thence L!) running South 88'31141" East along the south line of said sub- division a distance of 50.00 feet; thence Ncrth 01"3.1108' East a �O distance of 608.99 feet; thence North 02*39137' Easta distance 0 of e61.07 fret to the Tzue Point of Beginning; thence continuing North 02`39'37" East a distance of 264.00 feet to a point on the O Southerly margin of SR 18; thence South SS"24'p6" East along said C` Southerly margin a distance of 14Z.09 feet; thcnce North 01'35'54" 00 East, 25.00 feet; thence South 88"24106" East, 40.00 feet; thence. South 01°34108' West, 280.54 feet; thence North 88`31241" feet blast, 187.13 feet to the True Point of Begirning; SITUATE in the County of King, State of WaEhington. f ". [•ii'.• f i 4938 APPENDIX A DECLARATION OF COVENANT ASSOCIATED WITH MULTI -FAMILY/C0;4•1:RCIAL RETENTION/DETENTION FACILITIES AS PROVIDED IN NEW SECTION 10 OF ORDINANCE 4938. "Declaration of Covenant "In consideration of the approval by King County of a Ccrmcrcial Building ermit for application No. C88-0154 re ating to real property egally described as follows: Reference Exhibit A attached. pg/10-•27 41105 C. r ECG F C, GO The undersigned as owner(s) covenants and agrees that: 55 "1. All necessary easements will be dedicated to the County for access to inspect and, if required, maintain or repair the facilities, "2. If at any time King County reasonably determines that maintenance or repair work is required to be done to the retention/detention facility installed on the property described above, the director of the Department of Public Works & Transportation shall give the current holders of any right title or interest in the property seven days notice that the County intends to make such repairs. The current holders of any right title or interest in the property will assume responsibility for the cost of such maintenance or repair; and Will reimburse the County within thirty days of receipt of the invoice. Overdue payments will require paymcnt of interest at the curra::t legal rare for liquidated Judgments, and any costs or fees incurred by the County, should any legal action be required to collect such payments, will be borne by the parties responsible for said reimbursements, "3. If at any time King County reasonably determines that any existing retention/detention system poses a hazard to life cod limb, or endangers propezty, or adversely affects tha safety and operations of a public way, and that the situation is so .adverse as to preclude written notice, the director of the Department of Public Works & Transportation may take the measures necessary Co eliminate the hazardous situation (provided the director hao first made a reasonable effort to locate those interest holders before acting). The current holders of any right title or interest in the property will assume responsibility for the cost of such maintenance and repair; and will reimburse the County within thirty days of receipt of the invoice_ Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the County, should any legal action be required to collect such payments, -will be borne by the parties responsible for s a reimbursements. x x:_ ai Le r(LED tar Record at Re011e0 n r Name. " r L.., r- m 0 m c C X N 0 4983 These covenants are intended to protect the value and desirability of the real property described above, and to benefit All the citizens of King County. They shall rLm With the land and be binding an all parties having or acquiring from K.D.E. & Associatos, t!) A General Partnership or their successors any right, tit a or interest in the property or any part thereof, as well as their heirs, successors and assigns. They shall inure to the benefit of N each present or future successor in interest of said property or p any part thereof, or interest therein, and to the benefit of all Go the citizens of ]ling County." 7 5;-; et . Robert J. uf�;en, ••- Sole General Partner Owner STATE OF WASBINGTON) COUNTY On this day personally appeared before me �.; • , ! �_ to me known to be the indiv ua s described n And who executed the within ind foregoing instrument and acknowledged that they signed Ltse same as their tree and voluntary act and deed, for the uses and purposes therein stated. ~ Given. under' my hand and official seal this 7) day of NOTARY- -PUBLIC in an lor the State of Washington,.residing at EXHIBIT A DESCRIPTION: TRACT l: LOTS 5. 6. 7. 8, 9, 10, 12, 22, 13. 14. 15. 16. 17. 28. 19, 20. 21 AND 22, IN BLOCK 2; LOTS 6, 6, 7, B. 9, 10, 11. 12, 13. 14, I5, 16, 17, 18, 19, 20. 21 AND 22, IN BLACK 5; LOTS 5, 6, 7. S. 9, 10, 11, 12, 13. 14, 15, 16; 17. 18, 19. 20. 21 AND 22. IN BLOCK 8; LOTS 5, 6, 7, S. 9, 10. 11. 12 AND 23, IN BLOCK 11, TOGETHER WITH PORTIONS OF "K" STREET, 'L' STREET, "N' STREET, 'N" STREET. AND in PORTION OF THE NORTH 1/2 OF SRO STREET AND OF ALLEYS IN SAID BLOCKS 2, 5 AND B O AS HAVE REVERTED TO SAID LOTS BY OPERATION OF LAW; N ALL IN EAST TACONA CENTRAL ADDITION 'D". AS PER PLAT RECORDED IN VOLUME 4 OF NO PLATS, PAGE 43, RECORDS OF KING COUNTS'; co EXCEPT ANY PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED JANUARY 28. 1959. UNDER RECORDING NO. 4990939; SITUATE IN THE COUNTY OF KING, STATE OP WASHINGTON. TRACT 2: VACATED BLOCKS 3. 4, 9 AND 10 OF EAST TACOMA CENTRAL' ADDITION 'H AS PER PLAT RECORDED IN VOLUME 4 OF PLATS. PAGE 43. RECORDS OF KING COUNTY; TOGETHER WITH THE VACATED ALLEYS IN SAID BLOCKS 3, 4 AND 9; TOGETHER WITH THAT PORTION OF VACATED K. L. M AND N STREETS LYING BETWEEN THE NORTH AND SOUTH LINES OF SAID BLOCKS PRODUCED EAST AND WEST; TOGETHER WITH TILE SOUTH 2/2 OF VACATED 3RD STREET ADJOINING THE ABOVE DESCRIBED PROPERTY; AND 'TOGETHER WITH VACATED WESTLAKE AVENUE (SOUTH 852ND STREET) 1N SAID ADDITION; EXCEPT TO SOUTH 80 FEET CONVEYED TO KING COUNTY FOR STREET PURPOSES; AND EXCEPT THAT PORTION CONVEYED TO TILE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 4995246. FOR PRIMARY STATE HIGHWAY NUMBER 1; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PAGE 1 J. , EXHIBIT A DESCRIPTION: LOTS 1. 2. S. 4. 23, 24. 25 AND 26 IN BLOCK 5; LOTS 34. 15, 20. 17. 38 AND 10 IN BLOCK 6; - LOTS 24. 15, 16, 17, I8 AND 10 IN BLOCK 7; LOTS 1, 2. S. 4, 23, 24. 25 AND 26 IN BLOCK 8; LOTS 1.-2. 3 AND 4 IN BLOCK 11; AND LOTS 14. 15 AND I6 IN BLOCK 22; ALL IN EAST TACOMA CENTRAL ADDITIONI "B". AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 43. RECORDS OF KING COUNTY; ' TOGETHER WITH THAT PORTION OF VACATED ALLEYS AND VACATED 2NO STREET (SOUTII 340T8 STREET) N STREET (17711 AVENUE SOUTH).: SHEET (18TH AVENUE, SOUTH) AND L STREET (30TH AVENUE SOUTH) ADJOINING SAID LOTS WHICH WOULD ATTACH THERETO UY OPERATION OF LAW; EXCEPT THAT M TION OF SAID VACATED 2110 STREET (SOUTH 348TH STREET) AND L STREET (10TH AVENUE SOUTH) CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 4975903: AND EXCEPT ANY PORTION OF VACATED L STREET (10TH AVENUE SOUTH) LYING WITHIN PRIMARY STATE HIGHWAY NO. 1; AND LOTS 3, 2, 3. 4. 5, G. 1, 8, 0. 30. 11. 12, 13, 20. 21. 22, 23, 24, 25, 20, 27. 28, 20, 30. 31 AND 32 IN BLOCK 6; LOTS 1. 2. S. 4, S. 6. 7. 8, B. 10. 22. 22, 13, 20, 21. 22. 23, 24, 25, 20. 27, 28, 28. 30. 31 AND 32 IN BLOCK 7; LOTS 1. 2. S. 4, 5, 0. 7. 0, 0. 20. I2. 12 AND 13 IN BLOCK 32; ALL IN EAST TACOMA CENTRAL ADDITION "B". AS PER PLAT RECORDED 1N VOLUME 4 OF PLATS, PAGE 43. RECORDS OF KING COUNTY; TOGETHER WITH THAT PORTION OF VACATED ALLEYS AND VACATED N STREET (17TH AVEIR)E SOUTH), M STREET (ISTD AVENUE SOUTH) AND L STREET (19TH AVENUE SOUTH) ADJOINING SAID LOTS WHICH WOULD ATTACH THERETO BY OPERATION OF LAW; EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 2. BY DEED RECORDED UNDER RECORDING NO. 4748732: AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON PDR PRIMARY STATE HIGHWAY NO. 1. BY DEED RECORDED UNDER RECORDING NO. 5000985; SITUATE IN THE COUNTY OF ICING, STATE OF WASBINGTON. PAGE 2 1 FILED for Record at de��, Ues t 0 t lame a � Aa. _6ki k4d 3 a INDEMNITY AGREEMENT -:gmW g&- U❑r' This Indemnity Agreement is made this j 3 Ih day of ,4 i y , 1993, by WEST CAMPUS SQUARE JOINT VENTURE, a Washington general partnership ("Indemnitor"), for the benefit of the City of Federal Way ("Indemnitee"). In connection with the development of certain real property and the improvements thereon and in rights -of -way adjacent thereto, commonly known as the Campus Square Shopping Center, City of Federal Way, County of King, State of Washington and legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"), by the Indemnitor, the Indemnitor Nconstructed a rock wall in S. 352nd Street right-of-way adjacent to the southerly portion of the Property. Such rock wall may not Jconform to the applicable ordinances of either King County or Indemnitee. Indemnitor hereby agrees to indemnify, defend (with counsel reasonably acceptable to Indemnitee and at Indemnitor's sole cost), and hold Indemnitee and IndemniteeIsemployees, agents, volunteers, and attorneys, free and harmless from and against all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages cz S (including consequential damages), disbursements or ( 9 �N g )� expenses of any kind or nature whatsoever (including attorneys' and experts' fees and disbursements and expenses incurred in investigating, defending against or prosecuting any litigation, claim or proceeding and on appeal) which may at any time be imposed upon, incurred by or asserted or awarded against Indemnitee or any of them in connection with or arising from or out of the rock wall in South 352nd Street right-of-way, as long as the rock wall remains in the right-of-way. Y X Indemnitor and its successors and assigns further waive, S release and agree not to make any claim or bring any cost recovery n S action against Indemnitee relating to the ongoing development of the Property notwithstanding such nonconformance of the rock wall. ORIGINAL ' �: ,.._•�;;� ems;- ry..,:,.•�. .. :�.<:: • . • :. ,:. �j The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be .construed against any party based upon a claim that the party drafted the ambiguous language. IN WITNESS WHEREOF, this Indemnity Agreement has been executed this /J day of4-L--�' 1993. WEST CAMPUS SQUARE JOINT VENTURE, a Washington General Partnership By: APvLAGA/WEST CAMPUS, INC. Gen41tsP Ptne By.. er ident 70 STATE OF WASHINGTON ) N )SS. CJ COUNTY OF KING I certify that I know or have satisfactory evidence that J. W. S 'Lagarquist as President of Armada/West Campus, Inc., to me known to be the general partner of WEST CAMPUS SQUARE JOINT VENTURE, a Washington general partnership, signed this instrument and acknowledged said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein majitionea, and on path atated that he was authorized to execute said instrument. r,,' I l WITNESS my hand and official seal hereto affixed oS 1993. lT� ,Jill WryYP-ufl�c .n and for the Wington. My appointment expires Janet C. McNabb t:%ukrl►.rta XWC&mwAL 0 m EXHIBIT A • DESCRIPTION' (Page 1 of 4) ' PARCEL C: THAT PORTION OF THE VACATED PLAT OF EAST TACOMA CENTRAL ADOIV--m "B" ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF VLA7t, PAGE 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWHcWi!' 71 } NORTH, RANCF. 4 EAST, W.N., IN KING COUNTY. WhMNGTON; THFNCF NORTH 10341034 EAST ALONG THE NEST LINE OF SAID SUAOIVT>:t':r n 496.66 FEET; THENCE SOUTH 08*351160 EAST SO -CO FEET TO THE LAeT MARGIN OF 16TH AVENUE SOUTH; THENCE NORTH 01134108' EACT Whit 'I SAID EAST MARGIN 36,00 FEET TO THE TRUE POINT OF BEGMt4"; THENCE CONTINUING NORTH 1134108" EAST ALONG SAID EAST MARGIN 76.28 FEET TO AN ANGLE POINT THEREIN; 'THENCE NORTH 2*421121 UST ALONG SAID MARGIN 49.33 FEET; THENCE SOUTH 88.35116" EAST 34.41 FEET; THENCE SOUTH 03•06'18" WEST 3.50 FEET; THENCE SOUTH r ' 06153142" EAST 153.16 FEET; THENCE SOUTH 01-24-44" WEST 11.31 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A 4 RADIUS OF 50.00 FEET; THENCE SOUTHERLY 15.93 FEET ALONG SAID THROUGH A CENTRAL ANGLE OF 18'05'15"; THENCE SOUTH _CURVE 19'39'49" NEST 74.35 FEET TO A POINT WHICH BEARS SOUTH BB'35'16' :E EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 80135116' ;1 NEST 162.94 FEET TO THE TRUE POINT OF BEGINNING. ►fi c\1 cl%j N fjESCRIPTIQ�I' T I PARCEL D: THAT PORTION OF THE VACATED PLAT OF EAST TACOMA CENTRAL ADDITION -• "B-, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF PLATS, PAGE 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: �. COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 21 ' NORTH, RAN-E 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE .� NORTH 1'34'08" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 496.56 FEET; THENCE SOUTH 88.35'16" EAST 50.00 FEET TO THE EAST MARGIN OF 16TH AVENUE SOUTH AND THE TRUE POINT OF BEGIIJNING; '+�r THENCE NORTH 1*34108" EAST 36.00 FEET- ALONG SAID EAST MARGIN TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTH 1-34'08" EAST ALONG SAID EAST HARGIN 76.28 FEET TO AN ANGLE POINT THEREON; THENCE NORTH 2042'12" EAST ALONG SAID MARGIN 95.16 FEET TO THE NORTH LINE OF LOT 5, BLACK 11 OF SAID PLAT; THENCE NORTH 02.391010 EAST ALONG SAID MARGIN 409-RO FEET TO AN ANGLE POINT THEREON; THENCE NORTH 15436'18" EAST ALONG SAID MARGIN 20.62 FEET TO THE SOUTHERLY MARGIN OF STATE ROUTE 10; THENCE ALONG SAID MARGIN AND SOUTHWESTERLY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, THE FOLLOWING COURSES AND DISTANCES: SOUTH 80'24'06' EAST, 221.98 FLET; NORTH 01.15154" EAST, 25.00 I= it :'• FELT; SOITFH 88"24106" EAST, 300.o0 FELT; SOUTH U7.14'16" EAST, S� ' 373.S3 FEET; THENCE SOUTH 31*32124' EAST ALONG SAID MARGIN 527.01) r; FEET TO AN ANGLE POINT THEREON; THENCE SOUTH 17'42'24" EAST ALONG {- +4:� SAID MARGIN $7.44 FEET TO A POINT WHICH BEARS SOUTH 00.35'16" r; EAST FROH THE TRUE POINT OF BEGINNING; THENCE NORTH 88135116" t� WEST 2107.61 FEET TO THE TRUE POINT OF BEGINNING. Y�• EX9E THAT PORTION THEREOF DESCRIBED AS FOLLOWS: 1� BEGINNING AT POINT "A" DESCRIBED ABOVE, THENCE NORTH 1134109" UST ALONG SAID FAST MARGIN 76.29 FELT TO AN ANGLE POINT THEREIN; - 11trurE NORTH 2.42'12" EAST ALONG SAID MARGIN 49.J3 FEET; THENCE == SOUTH 34'l- 16" EAST 34.43 FEET; THENCE SOUTH 03.06'i8" WEST 3.50 - FEET: THCHCL ., '14 86.53142` EAST 151.15 FEET; THENCE SOUTH '•. 01-24'4!' WEST 11.fi J'T TO THE BEGINNING OV A CURVE CONCAVE TO M1 • THE WEST HAVING A RADTI.a I "•e1,00 FEET; THENCE SOUTHERLY 15.91 • FEET ALONG SAID CURVE THR[+Ls+,,. • `YhTRAt. ANGLE OF 18'05'15": " THENCE SOUTH 19.39149" WEST 74.35 tLt TD A POINT WHICH BEARS SOUTH 88.35'16" EAST FROM THE TRUE POIHI r BEGINNING; THENCE _ NORTH 88'35'16" WEST 162.94 FEET TO TIIE TRUE k "+T of BEGINNING. k7 EXHIBIT A (page 2 of 4) THAT PORTION OF THE VACATEDPLAT OF EAST TACOHA CENTRAL AUDITION "B", AcCOMINO TO THE Pl r TiMIAED ► CORDID IN VOi.1M 4 OF PLATS, PAGE i3� IN KING CCItQMCIl4G AT TILE SOBTH"ST COMER Or SECTION 21, -n I-,IP 21 SASFORT8. ALO1ANNG 4 rJiST, i7.1l., IN ><I1iG CfluM, WASHINMH; THENCE irOkTli I'3�'�" LAST ALORC i6L CJ WEST LINE aP SAID Sl]RpIVISI03i 446.55 11EET; THENCE SOUTH r�OIKt 1„S CiNHIRG N rs:"r ro rz� r.A5T j{ARCIB or 15TH AVEt�iYE SOUTHAMTHEtE 7.20 THENCE SGUTH W35'16" EAST 470.40 TEET; THENCE 50 � HOATii 80'jl 41°'SkTEST FEET TO THE HOBTiI NARCIR OF 5OUI11 332FZD STI4�ET; Tlfi ALONG SAID NORTH mRGIN 470.79 FEET -TO THE LAST }(AiOM OP 16TH AVEgn SOM; OB THENCE NORTH 1'3A'" EAST ALORG SAID LAST mARGIM 466.71 FEET TO THE T10 y POINT OF BEGINNING. THE ABOVE PARCEL CONTAINS 219,652 SQUARE PBET OR 5.043 ACRES. EXHIBIT A (Page 3 of 4) Part 41 Pnrcel B TEAT POiITION 07 THE VACATED PLAT OF EAST TACONA CENTRAL ADDITION• "A", &CCOOING TQ THE PLAT TaREOF RECORDED IN VOLilH3' 4 Of PLATS, PAGE 43, IN [INC COUny, YASHINGTOH, DESCRIBED AS FOLLMSi COMMENCING AT THE SQVI'fiHWST CORNER OF SECTION 21, TDrNSHIP 21 NORTH, WAGE 4 EAST, w,K., IN KING COUNTY, VASHINGTON; THEECB NORTH I'34108" LAST ALONG THE WM LINE 07 SAID SUBDIVISION 496.66 FEET; T1U+l3 E SOUTH 5 8'3 'ES ]5 AST 50.00 FEET TO THE EAST MARCIF OF 16TH AVEDi[fE SOUTH; THENCE EAST 470.00 FEET TO THE TRn POINT O7 MCI.'iHING; THENCE CONTINUING SOIli73 88*35*1611 EAST 637.61 FEET TO THE WESTEALT RICSI-OF- VAY LINE Op PRIMARY STATE HIGRwAY NO. 1; THERCE SOf1T1i 17'42'24" 'EAST ALONG SAID VESTERLY HARGIH 322.56 FEET TO AN AFCLE POINT THEREON; TUINCE 90UT9 N 13'58'06" VEST ALONG &AID WESTERLY HARCIN 167.17 IIBET TO THE NORTH KAIGIF OF m SOUTH 352RD $MET; THZNCL NORTH 58'31'41" WEST ALONG SAID NORTH MAACIN 701.40 F2ET TO A POINT WHICH BEARS SOUTH 1.28-19 VEST FROK THE TRUE POINT OF (") IfEGINNIM; THENCE HORYH 1,28,191, EAST 467.20 TZET TO THE YROE POINT OF BECINNINC. THE ABOVE PARCEL CONTAINS 328,555 SQUARE FEET of 7.543 ACRES. EXHIBIT A (Page 4f a) ljl •i1 ii• I II � �•illlilll VlIIIIF I Ell l Is+l!I IIII'ss•�s'Ik I ll! I I, !i f it I I pEr� ! I I Ili! II! '�" f3��'1+11I!1}tis'Illillllill !! !r:III,I,U • � It :.If 1 s:ss4 • I .r, ! lsE I► r Fl } ! ! � I I Ill ►�• ,:kE�+ �� {! ,�+ III 1 •L� rre{ f~Et' Fi 11 ! l l l l �s'.t'.1 I k:: i ti'•' ... • t I Ffi rr. I ]II)I r�r- [IlIF�-:! � rrr'�rrrf+l ! i I Flit:I I rJ ram+ - I a Il I I l I I:;l l III Ikl I 'I 1i iMIN !I lii ! 111 1 11 1 �1IIIII ws I L+, I lts I I W II!Ili I I I II !I FI I W I I II 1 II l�J ,I I IIl!! ! i '11 II ll1 to tl I I ]I II1 ,I+ IllllilE!!111!I!I!! I w. .ter-rZ7a•�,L',7 .. [t" � � war r'+`n rno. - • - .,in�i _ R[C� RCRd+I�q 9 r cs a 'r.- Return Address: Lakehaven Utility District P 0 Box 4249 Federal Way, WA 98063-4249 COVER SIBEET Document Title; Agreement Reference Number(s): N/A Grantor(s): Costco Wholesale Grantee(s): Lakehaven Utility District Legal Description:' Por Vacated Plat of East Tacoma Central Addition "B" m STR 21.-21N-04E Additional legal description is on Exhibit "A" of document Assessor's Property Tax Parcel/Account Number: 219260-0290 DISTRICT USE ONLY BELOW THIS LINT Account Number; 1245100.2000 000 Project Number: 6100026 Fund: fta ` SEWER / JOINT Amount: $14 00 COSTCO GAS STATION Agreement No 00-476 AGREEMENT 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 COSTCO WHOLESALE, 999 LAKE DRIVE, ISSAQUAH, WA 98027, 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 a own cost to serve Developer's property, for delivery to and operation by the District, 0 0 NOW, THEREFORE, IT IS HEREBY AGREED that N CAb 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 execut2ag tins 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 funush 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 Wasbinro on 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 tlus Agreement is not executed and returned within six (6) months from the date of transmittal of same to the Developer, which date of transmittal is November 6. 2001 , the Agreement shall be void and a new Developer Extension Application, along with application fee, will be required. Page I 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 hereon, construction shall be completed on or before November 30, 2002 _ 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 ofthis 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 preconstructionconference before construction is commenced The Developer shall submit mylar originals and duplicate reproducible mylar originals prior to scheduling the preconstruction conference S. Developer agrees that it shall be responsible for providing to the Distract accurate and reliable information concerning the actual location of the facilities constructed In furtherance of this obligation, Developer shall procure from 'its design engineer, _ Sarhausen Consulisnrs Ensnneers. 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 Distnet prior to scheduling the preconstruction conference, stating that accurate data will be collected during construction of the facilities to enable the engineer/surveyor to submit actual and reliable "as -built" locations to the District; based upon the information available to the engineer/surveyor during G' construction and also by field survey of the constructed facilities that are accessible at the ground o surface Developer shall cause such engineer/surveyor to submit to the District, prior to scheduling the preconstructaon conference, a certificate of insurance for the engmeex's/surveyor's Errors and s Omissions policy. Developer shall also cause such engineer/surveyor to submit to the District, prior to scheduling the preconstruction conference, a certificate of insurance and a copy of an endorsement to the engmeer'slsurveyor's General Liability policy, naming the Distract 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 $1,000,000 00 for each claim, $1,000,000 00 aggregate. At the conclusion of construction and prior to and as a condition of acceptance, the engineer/surveyor 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. 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. The District will make application for the City of Federal Way 'Right-of-way Construction Permit' 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 the City of Federal Way as the peirrutting patty, to immediately stop all construction activity on the right-of-way until the violation or violations have been elirr hated and corrected to the satisfaction of the Distract and the Distract 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 Page 2 l 10. 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 scheduling 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 11. Prior to scheduling 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 nghts-of-way and District easements Form and contents of bond shall be deter711T1ed by the District 12. 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 water mains and the related work. 13. By execution of this Agreement, the District does not guarantee water service will be provided to realty described herein 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 arising out of such Distract CIS refusal to connect or time delay necessary to take remedial action. 14. 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 o maintenance of the work described in this Agreement prior to acceptance by the District, provided that the Developer shall not be required to indemnify the District to the extent that claims result from the negilgence of the District The Developer shall maintain in full force and effect daring the construction period, the following insurance Y - CJ a 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 miury 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 performed under this Agreement, shall be provided prior to scheduling the preconstruction conference Thirty (30) days written notice shall be given to the District for cancellation or expiration of this insurance 15. 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 water facility shall be covered prior to inspection. After work is commenced, it shall vigorously, consistently, and m 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 Page 3 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 16. 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 17. 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 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 18. 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 herem, together with such other engineering records and data as may be required by the District 19. 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 0 20. 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. 21. The District and Developer agree that in carrying out the temps' 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 22. Developer shall not assign this contract without the written consent of the District 23. 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 Ievied in accordance with said District Resolution No. 99-904 or amendments thereto or any other applicable District Resolution at time service is requested. 24. 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. 25. 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 26. 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 wnttng Page 4 27. Upon execution of tius 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 attorneys fees and costs, including those incurred on appeal. WITNESS our hands and seals COSTCO WHOLESALE By Its VPz s,. 11 iate LAKEHAVEN UTILITY DISTRICT Ding County, Washington Engineering Manager Dated STATE OF WASHINGTON ) ss. County of King ) o I certify that I know or have satisfactory evidence that N signed this instrument, on oft!? that was authorized to execute the instrument and acknowledged it as the of COSTCO WHOLESALE to be the free and voluntary act vJJsuch party for t1k uses and purposes mentioned in the instrument =' DATED- - For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document marguis Please affix seal in the space provided Notary Public _ 1/ Title My appointtneut expires '7 Page 5 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A That portion of the. vacated plat of East Tacoma Central Addition "B," according to plat recorded in Volume 4 of Plats at page(s) 43, Records of King County, Washington, described as follows COMMENCING at the Southwest corner of Section 21, Township 21 North, Range 4 East, W M , in King County, Washington, THENCE North 010 34' 08" East along the West Rine of said subdivision, 496 66 feet, THENCE South 880 35' 16" East, 50 00 feet to the East margin of 16th Avenue South and the TRUE POINT OF BEGINNING, THENCE South 880 35' 16" East, 470 00 feet, THENCE South 01 ° 281191, West, 467 20 feet to the North margin of South 352nd Street, THENCE North 88" 31' 41". West along said North margin, 470 79 feet to the East margin of 16th Avenue South, THENCE North 010 34' 08" Fast along said East margin, 466 71 feet to the TRUE POINT OF BEGINNING L 4 cv � `� •�� ISTFy� •� c clt cis C G7 N EXPIRES 5 / Project Name Costco Gasoline - Federal Way, Washington December 16, 1999 RWG/sm 6076L 001 0 ExHIB+T 0 FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR: y CIRCUIT CITY STORES, INC. (WEST COAST) RECORDERS USE: g e i •1 MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FECERAL WAY, WA 98003 y ATTN: "cam-�"4 RoNMaGnARuu LICENSE The undersigned owner of certain real property located In Federal Way, Washington and legally described as fd ws: Legal description attached hereto as Exhibit "1' and Incorporated heroin by this reference. I •Property') horehy grants an luuvacabla Ilcense to the City of Federal Way f'Clly') and the Clty's agents, empOle ce or represantativvs to enter upon tha property to Inspect the construction of improvements, the perform ocbntsactors f work ar to allow sh8 City to perform any necessary maintenanc4 or work, al{ pursuant to that certain Agreement and Pe+lormancaFMalntanenceband of oven dato ontored Into betwoon the City and the undersigned and incorporatad jaaraln by Ih1s reference. WEST CAMPUS SQUARE JOINT VENTURE$ 5th .7anuary 5, a Washington Partnership DAT ED this day of , 19 By: Armada West .Campus, .Inc. Its General. Partner ra By: LM N m P n J e w La r Its: I • . i1 STATE OF WASHINGTON I I ss. COUNTY OF KING I On this day personally To ma known to be the indivl executed the foregoing Liaoi he/she/they executed the hislherltheir free and valun and purposes therein., o ICorporate Notary] STATE OF WASHINGTON ] ss. COUNTY OF KING 1 appoare before me, On this day porsonally appaarad bororo me Jataes W- � ram` uist_ to me known to bathe prey• orprmacla rllsl oscrlbad In and who aha corporation that axocutod tht A an oath sworn that tnragolng License, and acknowledged the said Instrument ragoing Instrument as to be the free and voluntary act and dead of said act and dead for the uses corporation, for lho uses and purposos therein rnantl0nad, and an oath stated that hehhe was aWhorltad to exacute said Instrument and that the seal atflxed, If any, Is the GIVEN my hen nd official seal this day of corporate seal of $old torparation. 19 GIVEN my hand and official seal this 'th day of January 1995. lnolo signature) I podlprfntad name of notary) )notary signature) lY Dry Public In end tar the State of Washington. Christine A. ?care Itypadlprintsd name of notary) Notary Public In and for the State of Washington. My commission axplres_ Oct. 9.199 ORIGINAL. r ,A Exhibit 1 'e 4 4 S r :j Z c ` ' l: Legal DesC0110n. THAT PORTION OF THE VACATED PLAT OF EAST TACOMA "g" ACCORDING TO THE PLAT THEREOF'2ECORDED IN � CENT12AL•ADD17iON VOLUME d OF PLATS, PAGE 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 21 _ NORTH, RAiqGE 4 EAST, W.M. Its KING COUNTY, WASHINGTON; THENCE NORTH 1034'08" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 496,66 ' FEE';1HENCE 88°3$'l6" EAST 50,00 FEET TO THE EAST MARGIN OF 16TH AVENUE SOUTH AND THE T—Ra P TNT F BE NN1 ' 68113516*' EAST 470.OD FEET; THENCE SOUTH 1028' 19" WEST THENCE SOUTH 467..2Q FEET TO THE NORTH MARGIN OF SOUTH 35'2ND STREET, THENCE m NORTH 68031'41" WEST ALONG SAID NORTH MARGIN A70.79 FEET TO THE ,AST MARGIN OF T 61H AVENUE SOUTH: THENCE NORTH 1 °34108" EAST QALONG SAID EAS1' MARGIN 666,71 FEET TO THE TRUE PbINT OF BEGINNING. CONTAINS 219,652 SQUARE FEET OR 5.042 ACRES. THE ABOVE PARCEL • r■l a ll? 0? Ism j. ZERO lMc ■ , . .. RETURN ADDRESS: City of Federal Way ` Attn Kim Scattarella 33530 First Way South P O Box 9718 Federal Way, WA 98063-9718 20020429001245 $ARGHAUSEN CON WRI 12 00 PAGE 001 OF 084 84/20/2882 11:03 KING COUNTY, WA CITY OF FEDERAL WAY ' LOCAL 1MM PROVEMI ENT DISTRICT WAIVER OF PROTEST COVENANT Grantor (s) Costco Wholesale Corporation, a Washington corporation Grantee(s) CITY OF FEDERAL WAY, a Washington municipal corporation Cl-a Property Legal Description (abbreviated) PORTION SW'/< SEC 21, T21N, ME, W M Additional Legal Descriptions on Exhibit A o Assessor's Tax Parcel ID#(s) 219260-0180-03 cn S-T-R 21-21-04 C= Permit No 01-103289-000-00-CO i� C%* THIS COVENANT is made by Costco Wholesale Corporation, a Washington corporation, ("Property Owner") in favor of the City of Federal Way, a Washington municipal corporation {"City") A The Property Owner owns certain real property commonly known as 35100 Enchanted Parkway South, Federal Way, WA 98003 and legally described as follows See Exhibit -"A" attached hereto and incorporated herein by this reference. ("Property") B The Property Owner has submitted- a request for a building permit under Permit No 01-103289-000-00-CO to construct a gas station on the Property which abuts a substandard City nght-of-way known as Enchanted Parkway, which project will impact and derive special benefits from the public right of way C The City may, in the future, construct, reconstruct or improve Enchanted Parkway to City standards including, but not limited to, curbs, gutters, sidewalks, driveways across sidewalks, storm drains, retaining walls, street illumination, landscaping, slope protection, underground power, and necessary appurtenances consistent with good street construction ("Improvements' ); so as to benefit the Property, through the formation of a Local Improvement District NOW, THEREFORE, the Property Owner agrees as follows 1 Permit The Property Owner may obtain a budding permit for a gas station without the installation of the Improvements so long as all other conditions of the permit, if any, are complied with to the City's satisfaction 2 No Protest Pursuant to RCW 35 43 182 and in consideration of the City approving said permit, the Property Owner agrees to participate in and not protest the formation of a Local Improvement District pursuant to RCW 35 43 180 3 Term This Covenant shall be for a term of ten (10) years commencing on the date of execution hereof and terminating ten (10) years thereafter 4 I r ements Nothing m this Covenant shall in any way absolve the Property Owner of any underlying obligation to make any public improvements as ,a condition of permit approval under any application other than Permit No 01-103289-000-00-CO prior to the expiration date of this Covenant or upon eighty (80) days written notice from the City if such public improvements are required pursuant to the Federal Way City .Code, any other met permit application, or other applicable laws, rules, or regulations, as now existing or hereafter adopted or amended The Improvements may be necessary to mitigate the •r effects of the development of the Property This Covenant shall be construed only as Q providing an alternative means for payment for necessary public improvements through CM the formation of a Local Improvement District 5 Binduig Effect Tlus Covenant shall be construed to touch and concern the land, shall run with the land and bind the Property Owner, it's successors in interest, heirs and assigns � G Filing This Covenant shall be recorded by the Property Owner with the King County Cox Office of Records and the Property Owner shall pay all recording fees 7 Lunitation Nothing in this Covenant shall be construed to waive the Property Owner's - right to object to the Property Owner's individual assessment (including the determination of special benefits allocable to the Property), or to appeal to the Superior Court the decision of the Federal Way City Council affirming the final assessment roll DATED this Id day of 20 COSTCO WHOLESALE CORPORATION By • Rich r Its Vice -President / General Counsel / Asst Secretary 999 Lake Drive Issaquah, WA 98027 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this 0d day of Ja4&4&4ey 20 0A before me, the undersigned, a Notary Public M and for the State of Washington, duly co ssioned and sworn, personally appeared before me', to me known to be Richard 3 Olm of Costco Wholesale Corporation, 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 therem mentioned, and on oath stated that heAhe was authorized to execute said instrument and that the seal affixed, if any., is the corporate seal of said corporation Witness my hand and official seal hereto affixed the day and year first above written (typed/printed name of notary) n- Notary Public in and for the State of'W,,a gtSA.q a' Q My commission expires •V% 0 .AY, Ff r f�IrV OI -61 . +r f _ wr v m lilt, f' 1 \csdc\docs\save\33902216023 doc Rev 09/04/01 EXHIBIT "A" LEGAL DESCRIPTION PARCELA* That portion of the vacated plat of East Taooma Central Addition "B; according to plat recorded in Volume 4 of Mats at page(s) 43, Records of Krng County, Washington, described as follows COMMENCING at the Southwest corner of Section 21, Township 21 North, Range 4 East, W M , in King County, Washington; THENCE North Of ` 34' OS" East along the West kne of said subdivision, 496.66 feet, THENCE South BS' 3016" East, 50.00 feet to the East margin of 16th Avenue South and the TRUE POINT OF BEGINNING; THENCE South 880 3616" East, 470.00 feet, THENCE South 01 ° 28' 19" West, 467 20 feet to the North margin of South 352nd Street; THENCE North 880 31' 41" West along said North margin, 470 79 feet to the East margin of 16th Avenue South; � THENCE Nadh 01° 34' 08" East along said East margin, 466 71 feet to the TRUE POINT OF •r- BEGINNING. co 0 4= a%b O oa EXPIRES 5 / 18101 Project Name- Costco Gasoline - Federal Way, Washington December 16, 1999 RWG/sm 6076L 001 17- 11 After recording return to Kim ScatterelIa, P E City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 STR 21-21-04 PerrnitNo 01-103289-000-00-CO Parcel No 219260-0180-03 f an AUS 800 BARGkAUS�FF CON i}PC 22 6 PAGE eel OF ON 11 00 0/08/2002 ia,es KING COUNTY, UA DECLARATION OF COVENANT IN CONSIDERATION OF the approved City of Federal Way (City) building permit for application No 01-103289-000-00-CO relatmg to real property legally described as csw N PARCEL A: N o THAT PORTION OF- THE VACATED PLAT OF EAST TACOMA CENTRAL 0o ADDITION "B", ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS AT PAGE(S) 0 43, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: !V C=) COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 21 NORTH, c.+ RANGE 4 EAST, W.M., INKING COUNTY, WASHINGTON; cm ,o THENCE NORTH 01 ° 34' 08" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 496.66 FEET; THENCE SOUTH 880 35' 16" EAST, 50.00 FEET TO THE EAST MARGIN OF 16T" AVENUE SOUTH AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 880 3511611 EAST, 470.00 FEET; THENCE SOUTH 010 28' 19" WEST, 467.20 FEET TO THE NORTH MARGIN OF SOUTH 352ND STREET; THENCE NORTH 880 31' 41" WEST ALONG SAID NORTH MARGIN, 470.79 FEET TO THE EAST MARGIN OF 16T" AVENUE SOUTH; THENCE NORTH 01 ° 34' 08" EAST ALONG SAID EAST MARGIN, 466.71 FEET TO THE TRUE POINT OF BEGINNING. 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 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 Grantor notice of the specific maintenance and/or repair required, with notice 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 Ieast seven (7) days after such notice is mailed, during which time Grantor may. commence such maintenance or repair 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 retention/detention system creates any conditions detrimental to the receiving surface water system, public and/or private property, the Surface Water Management Division Manager may take measures specified therein 4 The Grantor shall assurne 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 C%Q interest at the current legal rate as liquidated damages If legal action ensures, the prevailing party is entitled to costs or fees c� -� 5 The Grantor is hereby required to obtain written approval from the Surface Water Management o Division Manager ofthe City of Federal Way Department of Public Works prior to performing any e" alterations or modifications. to the drainage facilities contained within property as described 0 previously Any notice or consent required to be given or otherwise provided for by the provisions e" of this Agreement shall be effective upon personal delivery, or three (3) days after mailing by cv Certified Mail, return receipt requested 6 This Agreement constitutes the entire agreement between the parties, and supersedes all prior discussions, negotiations, and all agreements whatsoever whether oral or written This covenant is intended to protect the value of desirability of the real property described above, and shall insure to the benefit all the citizens of City of Federal Way, and shall be binding on all heirs, successors, and assigns COSTCO WHOL By Richer I O1 Its Vice-President/General Counsel J 999 Lake Drive Issaquah, WA 98027 STATE OF WASHINGTON ) ) ss COUNTY QF KING ) On this day personally appear Vg�owstcWholesale, a Richard J Olin, to me known to be the Vice-President/General Counse the corporation that executed the foregoing License, and acknow, edged 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 l0 day of20� (notary signature kA (typed/printed name of notary) Notary Public in and for the State of `r My commission expires i E �. TWA Co �► , A +� o ++soto" c� .a a N - 1 \csdc\flocs\save\33835163084 doc FILED FOR RECORD AT REQUEST OF MAIL TO CITY OF FEDERAL WAY PO BOX 9718 FEDERAL WAY, WA 98063-9718 ATTN Kim Scattarella BfiRGkRUSEN Nee 178 CON LICA 10.00 K2 s 2012 :3 -e3 KING COUNTY, Lip Ex LVCENSE The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows N TAX PARCEL NO: 219260-0290 0 � THAT PORTION OF THE VACATED PLAT OF EAST TACOMA CENTRAL ADDITION "B", ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS AT PAGE(S) 43, RECORDS OF KING N COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 4 o EAST, W.M., IN KING COUNTY, WASHINGTON; 0 a� THENCE NORTH 01 ° 34' 08" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 496 66 FEET; THENCE SOUTH 88 ° 35' 16" EAST. 50.00 FEET TO THE EAST MARGIN OF SOUTH AND THE TRUE POINT OF BEGINNING, THENCE SOUTH 88° 35' 16" EAST, 470 00 FEET; THENCE SOUTH 01 ° 2811911 WEST, 467.20 FEET TO THE NORTH MARGIN OF SOUTH 352' `D STREET, THENCE NORTH 880 31' 41" WEST ALONG SAID NORTH MARGIN, 470.79 FEET TO THE EAST MARGIN OF 10 AVENUE SOUTH; THENCE NORTH 01 ° 3410811 EAST ALONG SAID EAST MARGIN, 466.71 FEET TO THE TRUE POINT OF BEGINNING. ("Property") hereby grants an irrevocable license to the City of Federal Way ("City") and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Agreement and 1 Performance/Maintenance Bond of even date entered into between the City and the undersigned and incorporated herein .by this reference DATED this _ ` day of , 200 Signat6re STATE OF WASHINGTON ) ) ss c� COUNTY OF KING ) cv On this day personally appeared before me , to me c known to be the of d e rp ration that executed the °b foregoing License, 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 r 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 d day of 200 a (notary signature)~ (typed/printed narn inaitU10 Notary Public in and for the State of Washington My�co=isslon expires � J 4 T is �} ; �f ••• . 1 1,osdc\docs\save133817086032 doc m 0 _N d M N O O m Recorded at the Request of and after Recording Return to Russell F. Tousley, Esq. Tousley Brain 720 Olive Nay, Suite 1700 Seattle, WA 98101-1861 90/10/23 #1412 1A .RECD F 46.00 �€ 2.00 DECLARATION OF, COVENANTS, CONDITIONS, EASEMENTS, RESTRICTIONS AND RESERVATIONS FOR CAMPUS SQUARE Table of Cento is SECTION 1. DEFINITIONS SECTION 2. GENERAL DECLARATION SECTION 3. IMPROVEMENT STANDARDS SECTION 4. REGULATION OF OPERATIONS AND USES SECTION 5. EASEMENTS SECTION 6. TAXES AND UTILITIES SECTION 7. LIABILITY INSURANCE AND INDEMNIFICATION SECTION S. REMEDIES SECTION 9. EMINENT DOMAIN SECTION 10. AMENDMENTS, MODIFICATIONS AND CANCELLATIONS SECTION 11. DURATION SECTION 12. RIGHTS AND OBLIGATIONS OF LENDERS ti SECTION 13. RELEASE FROM LIABILITY c SECTION 14. NO PUBLIC DEDICATION _ SECTION 15. CONSTRUCTIVE NOTICE AND ACCEPTANCE •'� a SECTION 16. WAIVER SECTION 17. RUNS WITH LAND 0134\00BA001KAFI Page Number 1 5 5 7 15 i6 17 20 23 24 �0 24 .. 2 r� 29 e N a�5 25 WE • ti � t _' S • rs SECTION 18. RIGHTS OF BENEFICIARIES 26 SECTION 19. CAPTIONS; OTHER WORDS 26 SECTION 20. APPROVALS 26 _ SECTION 21. ESTOPPEL CERTIFICATE 27 SECTION 22. EFFECT OF INVALIDATION 27 SECTION 23. NOTICES 28 Exhibits: Exhibit A Legal Description of Parcels Exhibit B Parcel Plan Exhibit C Site Plan Exhibit D Special Costco Maintenance Area Exhibit D-1 Legal Description of Special Costco Maintenance Area C•J �d- N O_ O 07 i 0134NODUDDIKAFr u CI DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WITH RESERVATIONS OF EASEMENTS FOR CAMPUS SQUARE This Declaration of Covenants, conditions and Restrictions with Reservations (this "Declaration") made this 23rd day of octobcr , 1990, by COSTCO WHOLESALE CORPORAT'CNF a Washington corporation (,,Costco"), and WEST CAMPUS SQUARE, a Washington joint venture ("West Campus") comprised of Robert U. Knutsen, a married man dealing in his separate property, and Armada/West Campus, Inc., a Washington corporation. RECITALS Hest Campus is the fee owner of that certain land described in Part 1, Part 2 and Part 3 of Exhibit A (the "Developer Parcel"), shown as Parcel A, Parcel C and Parcel D on the drawing attached hereto as Exhibit 8 (the "Parcel Plan") and hereinafter referred to as the "Developer Parcel". costc❑ is the fee owner of that certain land described in Part 4 of Exhibit A (the °,Costco Parcel"), shown as Parcel 8 on the Parcel Plan and hereinafter referred to as the "Costco Parcel". C'a Pursuant to the Easement granted by West Campus to CQstCO �Y dated octobcr 23 1990, and recorded under King County Recording CY3 Na, c ("Costco Easement"),- Costco has a perpetual excl sine easemen over, under, on, across and along that certain Oland shown as the Special Costco Maintenance Area on the drawing attached hereto as Exhibit D, and legally described on Exhibit D-attached O t�7 attached hereto. The exclusivity rights of Costco pursuant to the Cdstco Easement are limited only to the extent other Persons are entitled to use various portions of the Special Costco Maintenance Area consistent with the purposes and uses set forth in this Declaration. Costco and Developer desire that the Developer parcel and the Costco Parcel, which are located in the City of Federal Way, Icing county, Washington, he developed, improved, owned, operated and occupied, in conjunction with each other pursuant to a general plan of improvement for a commercial shopping center to be known as campus Square. SECTION 1. DEFINITIONS "Building Area" shall mean those areas shown on the Site Plan to be utilized for construction of building Improvements, including appurtenant canopies, signs, sidewalks, planters, compactors, truck loading or delivery docks or areas, truck 0134NONA001LAFT 10/12/90 1 ram- .._�..�-_ �.-----:~._—._=.. _" .-. r .� r•� r"' - :�: s•"• :. �' '•. ....� : `�' _ - .. 1 ..., r.-:y 1tr:... r "v`,u Ksy.•r�.. ,��y,T - ]' .L �. w. '.... . ii'��.. .. l:r:?��;`:-`•- s:'-�,'•'� �'! 'ic' .. - C tunnels, ramps and wells. Each Building Area is numbered as shown on the Site Plan. "Center" shall mean the Developer Parcel and the Costco Parcel, collectively. - "Common Area" shall mean all areas and facilities of the Center outside building Improvements within or upon the Parcels and intended for the -nonexclusive use of parties, Occupants and users in common, including, but not limited to, parking areas, service areas, driveways, areas of ingress and egress, sidewalk and other pedestrian walkways, Perimeter Sidewalks adjacent and contiguous to buildings located on Building Areas, areas containing buildings or structures used in connection with the maintenance of the Common ! Area, roadways, landscaped areas, areas containing signs or structures advertising the common name given for the shopping i center including the Signs and structures constructed thereon, any ecological and environmental areas or facilities and/or employee parking areas, if any, located upon land outside the Center which from time to time may be provided with approval of all Owners. C_J C'7 0 O "Common Area Costs" shall mean all costs incurred in maintaining the Common Area in accordance with section 4.4 and all Taxes and utility costs and charges incurred in connection with the Common Area. "Costco Proportionate Share" shall mean a fraction the numerator of which is the number of square feet of the Common Area of the Special Costco Maintenance Area and the denominator of which is the number of square feet of the Common Area of the Developer Parcel, as of the date the taxes subject of allocations are due to the assessor. "Declaration" shall mean this Declaration of Covenants, Conditions, Easements, Restrictions and Reservations for Campus Square, as now or hereafter amended or supplemented from time to time. "Default Interest Rate" shall mean three percent (3%) in excess of the prime rate of interest announced as such by the Seattle Main office of Security Pacific Bank Washington, N.A., its successors and assigns, including by operation of law, but if such rate is not permitted by then applicable law, then Default Interest Rate shall reap the highest rate then permitted by applicable law. "Developer" shall mean west Campus, for so long as West Campus holds fee simple title to any of the Developer Parcel, or such other Person as may be designated as Developer in an instrument referring to this Declaration and recorded in the real property records of icing County, Washington;. provided, however, no Person shall be entitled to the status of "Developer" under this 0134\ODBA001LAFT 1O/1.2/9O 1 �� T.1'-.:•�1:r��••�a i M1:�L••:• s. •;ti=i.;N?��r_.1 t. C M Declaration unless and during such period as it holds fee simple portion of the Developer Parc 1 titletoa "First Class" shall mean a comparative standard of quality judged rin s in the once ith oher similar ederal Way Area. well maintained shopping i „Improvement" or "Improvements shall include$ buildiences,ngs, outbuildings, roads, driveways, parking areas,walls and barriers, retaining walks, rockeries, decks, water lines, sewers, electrical and gas distribution facilities, s, hedges, windbreaks, plankings, planted trees and shrubs, poles, areas and all other structures, installations and landscaping and irrigation systems of every type and kind, whether on, above or below the land surface. "Major occupant" shall mean any occupant exclu€si eof ly appropriating more than fifty thousand (50,000) square floor space constituting a part of Maximum.Buildable Area in the Center under a lease with a fixed term of not less than ten (10) years designated as such in an instrument recorded in the Records of King County, Washington. "Maximum Buildable Area" shall mean the maximum number of square feet of floor space of all floors in any Improvements C d located on a Buildable Area, including basement occupants subterranean areas, exclusively appropriated for use byor and balcony and mezzanine space within the exterior facade -used CY-) exterior line of the exterior walls (including basementwal) hat2�aximum C\Jfor retail or co=ercial purposes; provided, however, Buildable Axea shall not include the following areas in the CZ) interior of any building improvements: mezzanine areas not used for a7 direct consumer. sales, such as storage space o- employee cafeterias, lunch rooms or locker rooms, or mechanical equip rooms or work rooms or of f ice space • The imam uildablen the A ea of each Building Area is more particularly set forth "Mortgage" shall mean a mortgage, deed of trust, real estate contract or sale and leaseback used for financing purposes, affecting all or any portion of the Center. to "Mortgagee" shall mean a Person who is, with xespgectthe all or any portion of the center, theholder of t any the gage, 's beneficiary of any deed of trust, vendor's interest in any real estate contract, and/or tfee Own8r/lessor in any sale and leaseback used for financing purposes - "Occupant,, shall mean a lessee or licensee of an Owner, or any other person other than an owner, in lawful possession of improvements located on the Center, or any portion th the permission of an Owner. 0134X00MOOILAFT 10/12/90 i 0 ' { i •"owner" shall mean and refer to Developer. Costco and any Person which is or shall become the record owner of fee title toowner ? any Parcel or Building Area (except any entity or person who hold such interest as seoLLri.ty for the payment of an obligation), the purchaser under a real estate contract in actual possession of a Parcel or Building Area, and the ground lessee of any Parcel or Building Area. "Parcel" or "Parcels" shall mean the Developer Parcel i and/or the Costco Parcel as the context may require. "Perimeter Sidewalks" shall mean the areas between building faces and the back of the curb lane. "Person" shall mean and include any natural person, and any partnership, firm, association, corporation, trust, or any other form of business entity. „sign" shall mean any structure, device or contrivance, electric or non -electric, upon or within which any poster, bill, bulletin, printing, lettering, painting, business name, information j or advertising device of any kind whatsoever is used, placed, posted, tacked, nailed, pasted, painted or otherwise fastened or ! affixed. c i "Site Plan" shall mean the plan for the Center attached locdhereto as Exhibit C. CQ"Special Common Area Costs" shall mean all Tares O allocable to the land and Improvements comprising the Common Area c::) of the Developer Parcel. "special Costco Maintenance Area" shall mean the portion of the Common Area of the Developer Parcel, identified as such on Exhibit D, described on Exhibit D-1 and containing approximately 5.98 acres. ''Taxes" shall mean all real property taxes and assessments and all other impositions of any kind or nature which may now or hereafter be levied against a Parcel or the Improvements thereon by governmental agencies having jurisdiction. "Users" shall mean all Persons having a right to use Common Area, including Occupants, employees and service people, licensees, invitees, customers, owners, contractors, agents, lessees, sublessees, tenants and concessionaires. "Utilities" shall mean all common water, sanitary and storm sewer lines, drains and related facilities, water mains, water sprinkler systems lines, conduits or systems, telephone lines, electrical utilities or systems, gas mains and other 01341008A001L.RFT ' 10/12/90 rr : 1rLCL .:ws �f • _ _-�w'��, �'f".ATG•if"�;lhi'• i'l [[~•: � ` , l/l.' .., f,y.,�� .. • . i�i:r:. f� , 'X ' C utilities and services, together with all Improvements, replacements, modifications, additions, extensions or new construction, whether such system, line or facility or hereafter exists, in, on, or about the center. SECTION 2. GENE CL O declare that the antire Developer and Costco hereby hypothecated, encumbered, Center is, and shall be, conve led, hYP improved or leased, occupied, built upon or otherwise used, transferred in whole or in part, subject to this Declaration. All of the covenants, conditions and restrictions set forth herein are declared anlan for the d agreed to be in furtherance of a generaiP property and are subdivision, improvement s nafsale 0enhancing andf said rprotactieal g the value, established for the p p part desirability and attractiveness of the Crcvided herein all of t}'leLe�f• Except as otherwise specifically p said covenants, conditions and restrictions shall be binding upon Developer, Costco, and all owners, Occupants, and their respective assigns and successors in interest. SECTION 3. t3PRQVE Ev sT NDARI75 3.1 Suns• All signs shall be subject to all app lica©le laws and ordinances of governmental agencies having j No Sign shall be located on the Common evewoper may nstall,t for tatfits C,� control Signs, and except that (i) cost, free-standing Signs on Common Area located on the portion of •d- the Developer Parcel outside the Special Costco Maintenance Area, M such signs to be determined by Developer the design and content of CV and (ii) Costco may install, at its cost, d theaniCcstco O Common Area located on the Costco Parcel and the Special be Z�aintenance Area, the design anhoeverl, content that of sCa tco shall not 0uch signs Qj determined by Castro; provided, special Costco Maintenance Area install Signs in the portion of the north of a line that is the westerly extension of the north line of the Costco Parcel. too Signs nay be located so as to obstruct the ingress and egress shown on the Site Plan. 3,2 Fences. No fences or walls shall be permitted on any Parcel unless such fence or wall is necessary for security er screening purposes. 3,3 ,Marovemen Ida building improvement. shall be constructed except an and within a Building Area. No building developed or constructed on any Building Area shall uch ding Anr aon than the Maximum Buildable Area specified for should Developer not the Site Plan; provided, however, that (i) construct the entire Maximum Buildable Area allowed on any Building Area, it may increase the Maximum Buildable Area an other Buil Building Areas, except Building Area 6, in a like amount; and (ii) Developer 0134\aa8A0a7L.RFT 5 10/12/90 •.r� i�� :;R; � •--.;:;..- .�r� fix■ . - I C M may increase the Maximum Buildable Area on a Building Area over that specified on the Site plan, except on Building Area 5, whereupon Developer shall decrease the Maximum Buildable Area on another Building Area or Building Areas in a like amount. Costco shall have the exclusive right to construct and operate any Improvements on Building Area 9. Developer, and any successor of Developer which hods title to Building Area 9, shall confer, coordinate and cooperate with Costco in every reasonable respect in connection with any efforts by Costco to obtain all governmental approvals and permits necessary or desirable for Costc❑ to construct and operate a tire, battery and accessory facility on Building Area 9. Upon request by Costco, Developer and any of its successors in interest to Building Area 9 shall promptly execute all necessary or desirable documents in connection with such approvals and permits. 3.4 Parkins Areas. Parking areas shown on the Site Plan shall be paved, and shall be striped s❑ as to designate parkins} stalls and circulation areas which conform to the dimensions and other governmental requirements specified in the applicable laws and ordinances of governmental agencies having jurisdiction. Developer and Costco shall maintain a parking ratio for the Center of not less than the greater of (i) the ratio required by applicable codes or (ii) four -and -one-half (4 112) automobile parking spaces for each one thousand (1,000) square feet of constructed floor area (measured in the same way as floor space in determining Maximum Buildable Area) on the Center. For purposes of establishing compliance therewith, (a) parking spaces in Building { Area S or Building Area 9 will not be counted, and (b) parking CQ requirements incident to buildout of the remainder of the Center © shall be determined as if the Maximum Buildable Area allowed for p Building Area S and Building Area 9 were in fact constructed. If, M incident to construction of building Improvements on a Parcel, Developer would be permitted by applicable codes or the foregoing provisions of this Section 3.4 to install fewer parking spaces than would, together with building and related improvements cover less than all of the particular Building Area, Developer shall, concurrently with the installation of the parking Improvements so required, cause the remainder of the particular Building Area to be paved and striped, the intent being that all areas outside building Improvements and their associated Perimeter Sidewalks from time to time shall be converted to parking. 3.5 Atorave. outside storage of materials, supplies, equipment, and/or trucks or other motor vehicles, shall be permitted (except as reasonably required incident to constru t oin reconstruction or repair of Improvement oonlyyif approved pro withheld in writing by Developer and Costco, which approvala Ye either of their full and complete discretion. 01341008AOQU AFT 10/12/90 i C M Collect 3•6 a ruse Co lectio from ion areas shall be visuall Area neighboring y screened svAll outdoor refuse shall be permitted h tw tY or streets. Na refusenIt to h e visible een a street and the collection area 3.7 front of 8 building. shall a air of n' idirl ade shall at allpermitimes t bef ke Into dis 40 ImproveaInonrid a upon any Parcel �Iuately painted o p in good condition each Teprovement r otherwise finished. and 3.8 tit t pair and utility lines ar wires es an transmission or of me as• No sewer, tele of electric her devices for the c❑ drainage or Fhvne, tel current. Folder mmunication ar constructed microwave or signals of the Center ather or maintained an r radio signals' including same shall be than within yw, re in or shall be her buildings or structure up., any portion or maintained under in conduits or Cable, constructedless the It structures ground or concealed in + placed telephone, television ennae for the transmis under bui gs or approPriatel + microwave sion or Idin suravundin Y screened so °r radio signals reception of Contained g streets as t❑ have minimum shall be herein + Public spaces and visual .impact on the Creation or shall be deemed t❑ prevent Common Area. C facilit• use of temporary an Owner Nothing zes incidental to the °rary above from allowing tt the Center. construction round power or repair of b telephone buildings on p utilit 3'9 echanieal E similar meters, stora ui me t• A1.1 CID items shall be tanks. air ccnditienin-echlnical egraipment+ architectural features Screened g equipment ores integrated With landscaping pmerat and into the struct g or attractive be used i 3 1❑ ineral E. Iaration, Structure itself. gas, oiln any manner to ex for portion of the C NO subst or other h p e for or to remove enter shall antes or other Ydrocarbons, gravel, any steam this shall not minerals of a earth ar heat, the grading,Prevent the excavation provided any earth °r cPnstruct' f earth+ however, that kon Of Improvemments within connection with SECTION 4,the EG[1T,p,Tip OF pF EP 4.1 TONS No r; ES Improvements tied uszs and Purposes Constructed thereon tons. constructfcnly• which s shall be The Center and the wholesale leasing hall be liMited used far commercial Including g' operation and to the development, and ❑ffiCe estab g a Costc° Wh°lesa � maintenance of Permitted in s lashment and l- store, Commercia retail, uses haayca centers and which which l+ service r such as a daycare center. uses incidentalare co�enly or customers. far children o to assembling, manufact t of the Ce f occupants ne v,f such rater shall employees distilling, used for {i) any atxt%n urzngr list' , be oa�ovtc,gFr 9+ refining+ smelting, lo�la�go 0 M agricultural or mining use; (ii) for any mobile home park, trailer court, labor camp, junk yard or stock yard (except this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction or maintenance); (iii) for any dumping, disposition, incineration or reduction or garbage use (exclusive of garbage compactors located on the rear of any building); (iv) for any fire sale, bankruptcy sale (unless pursuant to court order) or auction house use; (v) for any central laundry or dry cleaning plant use, provided, however, that this prohibition shall not.be applicable to on -site service oriented to pick up and delivery by the ultimate consumer, including nominal supporting facilities; (vi) for any entertainment or recreational facilities including but not limited to, bowling alleys, skating rinks, theaters, bars or taverns (provided that nothing herein is intended to ° zarcadeseor game rooms, billiard toms, massage restaurant), penny parlors, adult book stores, or adult theaters, or health spas, studios or gyms; (vii) for any veterinary hospital or animal raising a ing use (except pet shops shall be allowed); [rty park -and - for any mortuary use; (ix) for any flea market use; {x) for any ride use; (xi) for any dance hall, billiard or pool hall, massage parlor, game or bingo parlor, or teen night club, orbut not (x di) a training ❑r eduoationalny facility including, college, place ❑P instruction, or any ocher beauty school, barber C ! operation, catering primarily to students or trainees rather than Ict to retail customers, but nothing in this clause (xii) shall M prohibit training or education as an incidental part of a primarily N retail service business - CZ) O 4,2 Nuisances. No nuisance shall be permitted to exist Q� or operate upon any Parcel sv as to be offensive or detrimental to any adjacent Parcel or site or neighboring property to its Owner or occupants. A "nuisance" shall include, but not 'b be limited to, any of the `following: (a) Emission of smoke, dust, dirt, or other particulates into the atmosphere. (b) Discharge on or about the Center or any storm sewer, sanitary sewer or waterway leading from the Center of any hazardous or toxic material. Hazardous and toxic materials "shall mean and include any material which is defined as hazardous or toxic in applicable state, local or federal laws or regulations relating to health and the environment, including without limitation, petro-chemicals, detergents, solid wastes, pa int residues and pesticides. It shall not be a nuisance, however, to use or dispose of materials used in the ordinary course of operating and maintaining -improvements located o n the Center, provided such disposal is in accordance with all applicable lacer, state, or federal statutes and regulations and manufacturer's instructions. 0134\Opu001L.RFT 10/12/90 l N �c) The escape or discharge of any fu'aes, odors, acids or other substance into than occupant, gases, mosphere vapors, steam, or Costcv or any Ma] in the opinion of Developer safety comfort, or welfare of any which, to or which may be hazmful to Way o detr r ado acent to hthetCenter, Person on or ad} property or vegetation, (d) The radiation yr discharge )w intense light, microwave, ultrasonic, atomic: electromagnetic, dicing intense glare or glare or heat, yr a Any operation Pro Within an laser or other radiation' performed only in such wanner that the heat or such other radiation shall be P enclosed or screened area and then 11 not only which ted withe operation is glare, heat or ra the Kent enter Parcel uponbe discernible the o e from an point exterior to conducted. disturbs the Peace of fie) Noise which unreasonably the uses taking into considera noise h whi nature rvi6 ate$ any the center area, and any Permitted in the Center, applicable law, of &make, steam, or tf) Excessive emissions which exceed Fianglemann Tao. 1 not particulate matter. visible emissions of smoke or steam n or as be permitted [outside any building] et Sound _ limitations esta'blishedYby the pug 03 of C• J on, the Ringlemann Chart o£ the C;nited States SLt_by Sections 9 determined by opacity P.S.A•P*-oC.b , lied to the ollutivn Control Auirement shall also be aPp s rays and Air l This requirement C�'7 Regulation I. disposal of trash d ste materials. Wind -barns due , _ mists are not Permitted. other structures shall be � (g) Buildings and and insulated p) ui sent installed, Erently and that the ground vibration inh constructed, and machinery and eq on each Parcel rated is not Perceptible without instruments at any recurrently g parcel. point exterior to ally ce ting only as maintained 4.7 Condition o£ Pra ert £X Se zequix ed or by each owner shaaV-ments thereon inpa Costco or peveloper on Cc,gmon Area as of eall t1mes permitted by this ❑eclaratzon, at its o expanse, vx cause to be kept, its Parcel and the Improve fire and clean and wholesome condition overnmentnd . health, and safe, ects with applicable g regulations, requirements and directives( in all resp ex wore safety ordinances, accumulate upon 5h1ll at regular and frequent ractentvin whatsoever that may its own any rubbish of any such Parcel- teranae• costco shall maintain at s and the 4.4 Ce ter bid condition. on and aban the t Class Parcel cost the Common Are eintenance Area Special Costco 9 01341003AQ D1 L AFT 10/12/90 X F1 Developer shall maintain at its cost the remaining Common Area in, on and about the Developer Parcel in First Class condition. Such maintenance shall include, without limitation: (a) Maintenance of all parking areas, driveways, curbs and walkways in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefor as shall, in all respects, be equal or superior in quality, appearance and durability; the removal of debris and waste material and the washing and sweeping of paved areas as required; painting and repainting of striping markers and directional signs as required and reasonable removal of snow and ice. (b) Operating, clearing, maintaining, relamping and replacing of any external lighting fixtures (except such fixtures as may be the property of any public utility or government body), as reasonably required, including all lighting necessary or appropriate for Common Area security and exterior lights attached to buildings located on Building Areas which are intended to illuminate the common Area. (c) Maintenance of all landscaping including the C*J trimming, watering and fertilization of all grass, ground cover, shrubs or trees, removal of dead or waste materials, replacement of any dead or diseased grass, ground cover, shrubs or trees. 0 (d) Installation, maintenance, repair and operation _ of the irrigation systems on all landscaped areas. O CM (e) Maintenance of perimeter walls, rockeries and fences. (f) Maintenance and repair of common storm drains, sewers, and other utility lines. (g) The removal, or causing its occupants to remove, shopping carts from the Common Area on a regular basis. 4.5 Maintenance of Sul din ea -TT4nroveMents. In the event that any Building Area in the Developer Parcel is sold or ground leased to a Person other than Developer, Developer shall be released from its repair and maintenance obligations with respect to Common Area and Improvements on such Building Area, and the owner thereof shall, with regard to such Building Area, assume and perform all of the work specified in Section 4.4. 4.6 Special_Assessment for Common Area Coats. Developer shall pay directly all Common Area Costs attributable to the Developer Parcel outside the special Costco Maintenance Area and otac%aZADDILAFT to 10/12/90 0 M1 all Special Common Area Costs. Costco shall pay directly all Common Area Casts attributable to the Costco Parcel. Costco shall also pay all Common Area Costs (except Taxes) attributable to the special Costco Maintenance Area. Notwithstanding any of the foregoing, Costco shall also pay Developer within thirty (30) days of request accompanied by appropriate supporting data, Costca's Proportionate share of any special Common Area Costs. Costco and Developer will use their best efforts to assure that Costco is timely billed for amounts reimbursable to Developer pursuant to this Section 4.6 on account of Special Common Area Costs so as to E assure that Developer will receive Costco's Proportionate share of Special. Common Area Costs prior to the date Developer is required timely to pay semi-annual installments of Taxes and of the current 3 portion of assessments payable in installments; provided, however, that Developer shall not request reimbursement from Costce prior to :z sixty (60) days before the date Developer is required to pay any installment of Special Common Area Costs without payment of interest or any penalty. S4.7 Default in Payment tq Developer. Any amount due Developer pursuant to Section 4.6 shall bear interest from the due date at the Default Interest Rate per annum until paid, together C_J with any penalty incurred to taxing authorities as a result of nontimely payment to Developer of taxes or assessments due to Costco's default. In the event Costco fails or refuses at any time 5 N to pay an amount due Developer under Section 4.5, Developer may i � utilize any of its remedies described in Section S. O 4.8 Use of Common Area. Q) 1 4.8.1 Subject to existing easements of record, the Common Area shall be used for roadways, walkways, ingress, egress, t parking of motor vehicles, loading and unloading of commercial and other vehicles, for driveway purposes, and for the comfort and convenience of Users. No owner shall use any portion of the Common Area (except Perimeter sidewalks) for the sale of merchandise, for promotional or public interest events, or for any purpose other than that set forth in this Section 4.8.1, except with the prior written approval of Developer and Costco and any Major occupant, which may be withheld in the discretion of any of them. R 4.8.2 No Improvements, walls, fences (other than ' security or screen fencing as permitted by Section 3.2), or barriers of any kind shall be constructed or maintained in or on the Common Area, or any portion thereof, which shall prevent or impair the use of any of the easements granted herein or the free access and movement, including, without limitation, of pedestrian and vehicular traffic between the Parcels, provided, however, reasonable traffic controls as may be necessary to guide and control the orderly flow of traffic may be installed so long as access driveways to the parking areas in the Common Area is not 01341008AWILAFT 11 10/12/90 U closed or blocked. The provisions of this Section 4.8.2 shall not apply with respect to fi) changes to the Building Areas and Common Area permitted by this Agreement; or (ii) incidental encroachments upon the common Area which may occur as a result of the use of ladders, scaffolding, storefront barricades and similar facilities resulting in temporary obstruction of portions of the Common Area, all of which are permitted hereunder s❑ long as their use is kept within the reasonable requirements of construction work being expeditiously pursued. 4.S.3 Customers and invitees shall not be permitted to park on the Common Area except while shopping or transacting business at the Center. No employees of Occupants of the Center shall be permitted to park on the Common Area, except in areas designated as employee parking areas by Developer, Costco and the Major occupants from time to time. in pursuance thereof, Developer shall use reasonable efforts to maximize the installation of parking areas on the areas lying north, northeast and east of j buildings constructed in Building Area 1, with the intent being that such areas shall be designated employee parking areas for Owners and occupants. Notwithstanding the foregoing, eostc❑ may designate as parking area for its employees any portion of the Costco Parcel and/or the Special costco Maintenance Area excep (i) the east 350 feet of the north ie3--62 eet of the special C-J Costco Maintenance Area or (ii) the area west of a line connecting the southeast corner of any building Tmprovements in Building [Hnuts Area 5 to the northeast corner of any building improvements in Cn Building Area 6. CV 0 4.8.4 All of the uses permitted within the Common O Area shall be conducted with reason and judgment so as not to 0') interfere with the primary purpose of the Common Area which is to provide for access and parkins} for the customers, invitees and employees of those businesses conducted in the Center and for the servicing and supplying of such businesses. Persons using the Common Area in accordance with this Agreement shall not be charged any fee for such use. 4.8.5 Notwithstanding anything set forth in this Section 4.8, (i) Costco may, provided it does not in so doing block automobile and truck access around Building Area 7 and Building Area 8, install a fenced uncovered area not in excess of 2,500 square feet on any portion of Parcel 7, Parcel 8 and/or Parcel 9 or the Common Area contiguous to the south and/or to the east of Parcel 7, Parcel 8 or Parcel 9 for use as an employee daycare center; (ii) Costco may install a fenced uncovered nursery containing not in excess of 9,000 square feet in Building Area 8; and (iii) Costco may install a tire, battery and accessories sale area containing not in excess of 2,306 square feet in Building Area 9. 0134\OO8AOOIL.RFT 12 10/12/90 ri C- M 0 4.8.6 Notwithstanding anything set forth in section 4.8.1. to the contrary, the written approval of Developer, Costco and any Major Occupant for a request by G.I. Joe's, Inc., an Oregon corporation ("G.I. Joe's") to sell merchandise in the Common Area shall not be unreasonably withheld or delayed, so long as all of the following conditions are complied with: (a) The location of the sale shall be solely within the area shown on the drawing attached hereto as Exhibit E ("Sale Area"). In no event will the Sale Area comprise more than twenty parking stalls, which shall be the ten most easterly stalls on each side of the first full parking lane located immediately north of the northern boundary of the Special Costco Maintenance Area. (b) The sale is conducted in a clean and orderly fashion and otherwise in a manner consistent with the operation of a First Class shopping center. (c) The sale is* conducted so as not to unreasonably interfere with the use and enjoyment of the Common Area outside the Sale Area by the Developer, Costco, any Major occupant or any User. (d) The sale is conducted in the months of June, July, August or September. (a) No more than two (2) sales are held in any C� calendar year. tV O (f) The maximum duration of any sale is seven (7) O consecutive days. O7 . (g) Any signs for the sale shall only be placed within the Sale Area, and shall be erected at a height of twelve feet (121) or less. G.I. Joe's failure to conduct a sale in the manner required by Subsections (b) or (c) shall be grounds for Costco, Developer or any Major User to refuse to consent to any subsequent requests for permission to sell merchandise in the Sale Area. The provisions set forth in this Section 4.8.6 shall remain in effect only so long as G.I. Joe's is a Major occupant of Building Area 1, and the provisions of this section 4.8.6 shall not be applicable to any successors or assigns of G.I. Joe's unless such successors or � assigns continue to operate the same leased premises within Buildingyl under the name of G.I. Joe's. WMAt3 %--Arco. 4.9 i,iahtina. 4.9.1 After completion of the Common Area lighting system on its Parcel, each owner hereby covenants and agrees (a) to keep its Parcel fully illuminated each day commencing thirty (30) 0134WOMOILAF1 13 10 12/90 s"'r'� ±?� ry� _�.''�.r�•yt� n .. ..na;.F �'�.'.��:'•''�� minutes before darkness until at least sixty (60) minutes after Costco has closed for business, unless otherwise restricted by applicable law, in which case the standard prescribed by such law shall be adhered to while in effect, and (b) to keep any exterior building security lights on from dusk until dawn. 4.9.2 It is recognized that business establishments within the Centor may be open for business at different hours, and that the owner or principal Occupant of one Parcel upon which a business establishment is open later may wish to have the common Area lights on another Parcel continue to burn beyond the required period. Accordingly, the owner or principal Occupants of such Parcel ("Requesting owner") shall have the right, at any time to require .the owner or principal occupant of the other Parcel ("Requested owner") to keep its Common Area lights on until a later hour as stipulated by the Requesting Owner; provided that the Requesting Owner notifies the Requested Owner of such request not less than fifteen (15) days in advance. The Requesting Owner agrees to pay one hundred ten percent (110%) of the cost to the Requested Owner of electrical power to provide such extra -hours illumination. The parties shall attempt to agree to the cost of such electrical power and if they cannot do so, then the amount the Requesting owner is obligated to pay shall be determined from the power costs as estimated by the electrical utility company c i furnishing such power, or if the utility fails to do so, by a reputable engineer. Upon the failure of a Requesting Owner to pay the amount required hereby, the Requested owner shall have the Nright to discontinue such additional lighting and to exercise other � remedies herein provided. Any such request for additional lighting may be withdrawn or terminated at any time by written notice from O the Requesting Owner, and a new request or requests for changed CD hours may be made from time to time. 4.9.3 -As an alternative to the process of lighting" another's Parcel as set forth in Section 4.9.2, an Owner ("Constructing Party") may install, with the consent of the other Owner. ("Consenting Party"), a secondary wiring system, from the Constructing Party's Parcel to the light standards on the Consenting Party's Parcel, which would permit a portion or all of the lighting on the Consenting Party's Parcel to be operated contemporaneously with the lighting on the Constructing Party's Parcel. All costs and expenses associated with the installation, maintenance, replacement, and operation of such secondary wiring, including the cost of energy to light any portion of the Consenting Party's Parcel, shall be assumed and promptly paid by the Constructing Party. The Constructing Party shall submit to the Consenting Party appropriate plans and specifications for the installation of such secondary wiring systems. The Consenting Party shall have thirty (30) days to approve or disapprove of such submission,. such approval not to be unreasonably withheld. If the Consenting Party does not disapprove of the submission within the 0134100BA001LAFT 14 10/12/90 l C 30-day period, approval shall be deemed given; if disapproval is given, the Constructing Party shall revise the submission to accommodate the reasonable objections of the consenting Party and then may resubmit such plans and specifications to the Consenting Party for its approval. 4.10 Heights. The heights of buildings in Building Areas, 2, 3, 4, 5 and G shall not exceed 36 feet. 4.11 Retention and Detention_ V-41,ities. Notwithstanding any provision of this Declaration to the contrary, Developer shall be solely liable for all costs, expenses, responsibilities and obligations in connection with the installation, maintenance, repair, replacement, and operation of the retention and detention facilities located within the Center, including, but not limited to, any costs, expenses, responsibilities or obligations which arise out of the Declaration of Covenant executed by Robert J. Knutsen as sole general partner of K.D.E. & Associates, and recorded under King County Recording No. 8810271105; provided, however, that Costco shall. reimburse Developer for forty-four percent (44%) of such costs and expenses incurred by Developer in connection with said retention and detention facilities. C J SECTION 5. EASEMENTS "Id- 5.1 inMss,__Ecrress and Parking. Developer and Costco Nhereby grant, declare and reserve for the benefit of themselves and 0 their respective successors and assigns, including Owners and Occupants and Users, the nonexclusive right of ingress and egress O by vehicular and pedestrian traffic and the right of vehicular parking upon, over and across all of the Common Area within the Center. The easements created by this Section 5.1 shall survive termination of this Declaration and shall be perpetual. 5.2 Utilities. Developer and Costco hereby grant, declare and reserve for the benefit of themselves and their respective successors and assigns, including owners and occupants, the nonexclusive easements under, through and across the Common ,Area of the Center for installation, maintenance, repair, replacement and relocation of Utilities, all of which shall be located below the surface of the Center. In the event it is reasonably necessary for any owner to cause the installation of Utilities across the Common Area subsequent to the initial paving and improving thereof, the ❑eveloper and Costco agree not to unreasonably withhold the granting of an additional easement or easements; provided, however, that the granting of such easement or easements does not unreasonably interfere with the normal operation of any business in the Center, and provided further that the party desiring such installation and/or easement shall pay of the restoration of the Common Area to its prior condition. Easements 0134\009l1001LAFT 10/12/90 15 'xME se N_ } r. I I s created by or pursuant to this section 5.2 shall survive termination of this Declaration and shall last so long as the particular Utility systems, structures, mains, sewers, conduits, or lines shall be used and maintained following their initial construction or following a reconstruction where such utility is substantially restored to its prior condition following a casualty or condemnation. 5.3 Du• d' Encroachments. beveloper and Costco hereby grant, declare and reserve for the benefit of each Owner or occupant and their respective Building Areas, an easement for any portion of any improvements which may encroach into or over an adjoining Building Area or Common Area; provided the easement for footings, piers, piles, grade beams and building encroachments does not exceed two (2) feet into the Common Area and easement for canopies, eaves, planters, and roof overhangs does not exceed four (4) feet into the Common Area. The easements created by this Section 5.3 shall survive termination of this Declaration and shall last so long as the encroaching building is standing following its initial construction, or following a reconstruction where such building is substantially restored to its prior condition following a casualty or condemnation. SECTION 6. TAXES AND UT LITIES C J 5.1 owner's Ois 'cat on to Pay. 6.1.1 TaKes. Each Owner shall pay, or cause to be Npaid, directly to the appropriate taxing authorities when due, all Q Taxes which may now or hereafter be levied against its Parcel or the Improvements thereon, provided that Costco shall be responsible O for Costco's proportionate Share of Taxes on the land and Cn Improvements on the Common Area of the Developer Parcel all as provided in section 4.6. 6.1.2 Utilities. Developer and Costco agree that Common Area utility systems installed prior to execution and recording of this Declaration have not been installed and separately metered so as to allocate automatically all such utility costs attributable to the Common Area of the Costco Parcel and the Special Costco Maintenance Area directly to Costco and to allocate automatically such utility charges attributable to the Coon Area of the Developer Parcel outside the Special Costco Maintenance Area directly to Developer. The parties shall attempt to agree to the allocation of such utility charges and if they cannot do so, then the amount each Owner is obligated to pay shall he determined from the cost estimated by the particular utility company, or if the utility fails to do so, by a mutually acceptable reputable engineer. In order to remove the necessity for such allocations, Costco may, if it wishes, and at its sole cost, after reasonable notice to Developer and Developer's approval of plans and 0134\0D8A001L.RFT 3.6 10/12/90 C r. specifications therefor, cause existing utility systems to be modified (for example, by installing appropriate deduct meters) so that as a result of such changes, utility charges incident to the Costco Parcel and the Special costco Maintenance Area shall be billed directly to Costco by the appropriate utility and utility charges on the remainder of the Center cart be billed directly to Developer. upon completion of any such modifications, each owner shall pay, or cause to be paid, directly to the appropriate utility when due, all utility charges of any kind or nature attributable to its Parcel or the Improvements thereon, provided that Costco shall be responsible for all utility charges attributable to the Special Costco Maintenance Area. SECTION 7. Er NSURAN E ND INDEEMNIFICATTON 7.1 iabi it ura ce Ge a Costco shall obtain public liability insurance in accordance with this section 7.! with regard to all of the Common Area on the Costco Parcel and the Special Costco Maintenance Area, Developer shall obtain public liability insurance in accordance with this Section 7.1 with regard to Common Area on the Developer Parcel outside the Special Costco Haintenance Area. The public liability insurance required by this Section 7.1 shall insure against risks of bodily injury (including death) property damage, and consequential damages arising from any of the foregoing to a limit of not less than Five Million Dollars Cr7 ($51000,000), for each occurrence in a form of comprehensive CVO general liability policy with at least the following endorsements: _ (i) deleting any employee exclusion an personal injury coverage; p (ii) including employees as additional insureds; (iii) providing (37 for blanket contractual coverage, broad form property damage coverage, and product liability and completed operations coverage, owner's protective and personal injury coverage; (iv) deleting any liquor liability exclusions; and (v) providing for coverage of employer's automobile nenownership liability_ Developer and Costco shall furnish each other with certificates of the insurance required hereby naming each other and each other owner or Major Occupant as additional insureds. such insurance shall contain a severability of interest endorsement, be primary,. and not require contribution from any insurer under any public liability insurance carried by any other owner or occupant. Such insurance shall also include a waiver of subrogation in favor of each Person named as an additional insured. Such insurance shall not be cancelable except upon thirty (30) days prior written notice to each insured or additional insured thereunder. 7.2 Liability nsurapce_on-par ce}s. Each Owner and each Major Occupant shall maintain liability insurance with regard to such Owner's or Major Occupant's Parcel or Building Area having all the attributes described in Section 7.1. such insurance shall name 013C\0WON LAFT 17 10/12/90 - J .. � _- .:.��:. - _ : _._.X In I• each other Owner or Major occupant on the center as an additional _insured. Each other Owner Of any portion of the Center shall be provided with a copy of the policy or a certificate of insurance on each policy required by this section 7. 7.3 Mutual Indemnity. 7.3.1 costcoIs n!em . Except as otherwise provided in this Section, Costco shall indemnify, defend and hold Developer and each other Owner and each Major Occupant, and each of their respective partners, officers, agents, employees, contractors, lenders and tenants harmless from all claims, suits, losses, damages, fines, penalties, liabilities and expenses (including attorneys' fees and other costs incurred in connection with any of the foregoing, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) of any Person, or resulting from any actual or alleged Joss of or damage to any property arising out of or in connection with (i) Costco's accupaticn, use or improvement of the Costco Parcel or that of its employees, agents or contractors, or (ii) any act or omission of Costco or any tenants, licensee, assignee or concessionaire of Costco, or of any cfficer, agent, employee, guest or invitee of Costco, which. occurs on or about the Costco Parcel. The indemnity set forth in this Section 7.3.1 shall C,J cover any claim brought by Costco's employees, and shall survive termination or expiration of this Declaration. The foregoing indemnity is specifically and expressly intended to constitute a Cr-y waiver of costco's immunity under Washington's Industrial Insurance � Act, RCW Title 51, to the extent necessary to provide Developer and _ each other owner with a full and complete indemnity from claims Q made by Costco's employees. C09TCO AND DEVELOPER ACKNOWLEDGE TEAT M THE INDEMNIFICATION PROVISIONS OP THIS SECTION 7.3.1 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM. 7.3.2 Developer's Indemnity. Except as otherwise provided in this Section 7.3.2, Developer shall indemnify, defend and hold Costco, each other Owner and each Major occupant, and each of their respective partners, officers, agents, employees, contractors, lenders and tenants harmless from all claims, suits, losses, damages, fines, penalties, liabilities and expenses (including attorneys' fees and other costs incurred in connection with any of the foregoing, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) of any Person, or resulting from any actual or alleged loss of or damage to any property arising out of or in connection with (i) Developer's occupation, use or improvement of any Parcel owned by Developer or the Common Area located on the Developer Parcel or that of its employees, agents or contractors, any act or omission of Developer or any tenant, licensee, assignee or concessionaire of Developer, or of any officer, agent, employee, guest or invitee of Developer, which occurs on or about any Parcel 0134\008R001L.RFT is 10/12/90 0 owned by Developer or located on or about the Common Area located on the Developer Parcel. The indemnity set forth in this Section 7.3.2 shall cover any claim brought by Developer's employees, and shall survive expiration or termination of this Declaration. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Developer's immunity under Washington's Industrial Insurance Act, RCW Title 51, to the extent necessary to provide Costco and each other Owner with a full and complete indemnity from claims made by Developer's employees. DEVELOPER AND -- COSTCO ACKNOWLEDGE THAT THE INDEHNIFSCA'TION PROVISIONS OF THIS SECTION 7.3.2 HERE SPECIFICALLY NEGOTIATED AND AGREED UPON HNC TSEH. 7.3.3 Othg O e*'s' de 't . Except as otherwise provided in this section 7.3.3, each Owner other than Developer and Costco shall indemnify, defend and hold Developer, Costco, each other Owner and each Major occupant, and each of their respective partners, officers, agents, employees, contractors, lenders and tenants harmless from all claims, suits, losses, damages, fines, -penalties, liabilities and expenses (including attorneys' fees and other costs incurred in connection with any of the foregoing, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) of any Person or from any actual or alleged loss of or damage to any property arising out of or in connection with (i) such Owner's occupation, use or improvement of its Parcel or that of its employees, agents C'J or contractors, or (ii) any act or omission of such owner or any tenant, licensee, assignee, or concessionaire of Such Owner, or of d' any officer, agent, employee, guest or invitee of such owner, or of M which occurs on or about such Owner's Parcel. The indemnity set C\.J forth in this Section 7.3.3 small cover any claim brought by such C� owner's employees, and shall survive expiration or termination of Q this Declaration. The foregoing indemnity is specifically and p7 expressly intended to constitute a waiver of such Owner's immunity under Washington's Industrial Insurance Act, RCW Title 51, to the extent necessary to provide each other Owner with a full and complete indemnity from claims made by such owner's employees. EACa PERSON BECOMING AV OWNER AFTER THE iNiTM RECORDING OF THIS DECLARATION SHALL, BY THE ACT OF ACCEPTING A DEED, LEASE OR REAL ESTATE CONTRACT VENDEE'S INTEREST IN ITS PARCEL, HE DEEMED TO HAVE CERTIFIED TO EACH OTHER OWNER, THAT IT HAS -CAREFULLY REVIMED THE INDEMNIFICATION PROVIDED IN THIS SECTION 7.3.3, AND THAT IT ACCEPTED ITS INTEREST IN ITS PARCEL FULLY UNDERSTANDING AND ACCEPTING AND AGREEING TO BE BOUND BY TEE INTENT AND PURPOSE OF THIS SECTION 7.3.3. 7.3.4 Mai ❑ccucants' JT:dernity. Except as otherwise provided in this Section 7.3.4, each Major Occupant shall indemnify, defend and hold Developer, Costco, and each other Major occupant, and each of their respective partners, officers, agents, employees, contractors, lenders and tenants harmless from all claims, suits, losses, damages, fines, penalties, liabilities and 0134\OMBAOOILAFT 10/12/90 19 0 N expenses (including attorneys' fees and other costs incurred in connection with any of the foregoing, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) Of any person or from any actual or alleged loss of or damage. to any property arising Out of or in g j connection with (i) such Major occupants's occupation, use or improvement of its demised premises or that of its employees, agents or contractors, or (ii.) any act or omission of such Major - -- - .- _ Occupant or any subtenant, licenses, assignee, agent, em ployee, ire of e or-- -- such Major occupant, or of any invitee of such Major Occupant, or of which occurs on or about such Major occupant's demised premises. The indemnity sat forth in this Section 7.3.4 shall cover any claim brought by such Major Occupant's employees, and shall survive expiration or termination of this Declaration and of its lease. The foregoing indemnity is specifically and expressly intended to constitute a waiver of such Major occupant's immunity under Washington's Industrial Insurance Act, RCW Title 81, to the extent necessary to provide each other owner and each other Major Occupant with a full and complete indemnity from claims trade by such Major Occupant's employees. EACH PERSON BEING OR BECOMING A HACOR OCCUPANT ON OR AFTER THE INITIAL RECORDING OF THIS DECLARATION SHALL, BY TEE ACT DP ACCEPTING A LEASE OF ANY IMPROVEMVNTS IN Tat CENTER, BE DF;EMED TO HAVE CERTIFIED TO EACH OTHER OWNtla AND TO RACE OTHER XAJOR OCCUPANT, THAT IT HAS CAREFULLY TM EW T ACC PTIN MIFICATION PROVIDED 114 THIS SECTION 7.3.4, AND ITS INTBREST IN ITS DEHISED PREMISES rULLY UNDERSTANDING AND ACCEPTING AND C' J AGREEING TO BE BOUND BY THE INTENT AND PURPDSE OF THIS SECTION 7.3.4. N7.4 Release•and waiver ❑f 5ubro at'onf its i. Each Owner and � each Major occupant for itself, ana an behalf insurers, hereby fully waives and releases each other owner and Major C=) occupant from any liability for any loss or damage to its real. or QM personal property located upon the Center which may be caused in Whole or in part by another Owner or Major Occupant which loss or damage is of the type covered by the: insurance required to be maintained pursuant to Section 7.1 and Section 7.2 of this Declaration. Each owner or Major Occupant shall obtain for the benefit of each other Owner or Major occupant a waiver of any right of subrogation which its insurer may acquire against the other Owner by reason of such negligence. SECTION 8. $MWD-1-F-91 g 1 t ❑ CuMe v bate. If any Owner (a "Defaulting owner") violates any covenant, condition or restriction contained in this Declaration, or permits or suffers any, occupant Of fts ondition or Parcel or Building Area to violate any covenant, restriction of this Declaration, then other en notier or ce Major occupant (the Creditor Owner") may demand by written 0134%NMOOILAFT 20 10/12/90 :.'�'~'L�..1r- T-, r�'/ �`4W;f . 3;i• .. .y. 1`.:. �• .^et �1'`y�• �•� 0 "Default Notice") that the violation be cured. If the Defaulting owner does not cure the violation within thirty (30) days after receipt ❑f the Default Notice, or if such default is of a kind which cannot be cured within thirty o(3 a da peand riod hDefaulting Owner does not within such thirty () y Pred to cure such default and diligently thereafter prosecute such cure to completion, then Creditor owner (and its agents and employees) shall have the right to (i) pay any sum owed by the Defaulting Owner to the Person entitled thereto, (ii) enter upon the Parcel or BuildingArea of the Defaulting Owner (or any portion of the common Area owned by the Defaulting owner) and sumaarily abate, remove or otherwise remedy any Improvement, thing or condition which violates the terms of this Declaration, and (iii) enter upon the Parcel or Building Area of the Defaulting owner (or any portion of the Common Area owned by the Defaulting owner) and perform any obligation of the Defaulting owner to be perforated thereon. The Defaulting Owner shall, within ten (10)- days of written demand by the other ❑caner, accompanied by appropriate supporting documentation, reimburse the Creditor Owner for all cents and expenses incurred by the Creditor Owner in undertaking any of the actions permitted by clauses (i) through (iii) in the preceding sentence, including without limitation, wages, benefits and overhead allocable to the time expended by any employee of the creditor owner in taking such actions, together with interest thereon at the rate equal to the Default Interest Rate, from the date such casts and expenses were C J advanced or incurred by the creditor owner. 8.2 Lien. Any Creditor Owner, including Developer in C� the case of any amount arising out of Section 4.7 which is not paid when due, shall be entitled t❑ a lien against. the Parcel of the O Defaulting owner, which lien shall be created and foreclosed in Q accordance with this Section 8.2. �7 (a) Creation. A lien authorized by this section 8.2 shall be created by recording a written instrument (the "Claim of Lien") in the real property records of King County, Washington which (i) references this Declaration by recording number, (ii) alleges a specific breach of this Declaration, (iii) states the amount awned by the Default Owner through the recording date of the Claim of Lien, (iv) contains a legal description of the Parcel or Building. Area of the Defaulting Owner, and (v) is executed and acknowledge by the Creditor Owner. (b) nount. A lien created pursuant to this Section 8.2 shall include (i) the amount stated in the Claim of Lien, (ii) all costs and expenses incurred in creating a nd foreclosing such lien {including attorneys' fees), (iii) all amounts which become due from the Defaulting Owner (or its successors or assigns) to the Creditor owner after the date the Claim of Lien is recorded, whether such amounts arise from a continuation of the default alleged in the claim of Lien or from 0134\00aA001L.RFT 21 10/12/90 o 0 some other default under this Declaration, and (iv) interest on all of the foregoing at the Default Interest Rate. (c) Priority. The priority of a lien created pursuant to this Section 8.2 shall be established solely by reference to the date the Clain of Lien is recorded; provided, however, that such lien shall be subordinate to the lease of any Major occupant whether now existing or hereafter executed fa "Major Occupant '.s__Leas.e'.'.) _and _to -any--subsequently- _recorded ..deed to., -or- Mortgage on, the Defaulting owner's Parcel or Building Area, if (i) the grantee or Mortgagee or Major Occupant, as the case may be, is not in any manner or to any extent, affiliated with, controlled by, or under c❑mnon control with the Defaulting owner, (ii) the grantee or Mortgagee or major occupant, as the. case may be, gives the Creditor owner ten (10) days written notice prior to recording its deed or Mortgage or Major occupant's lease or notice thereof, as the case may be, and (iii) the Creditor owner has not or does not prior to the recording date of such deed, Mortgage or Major Occupant's Lease or notice thereof, as the case may be, commence an action to foreclose its lien. (d) Extinguishment. If the Defaulting owner cures its default, and pays all amounts secured by a lien created pursuant to this Section 8.2, the Creditor Owner shall record an instrument sufficient in form and content to clear title to. the Parcel or Building Area of the Defaulting Owner from the Creditor Owner's lien. C� (e) Foreclosure. A lien created pursuant to this Section 6.2 shall be foreclosed judicially, in the same manner as Nprovided for foreclosure of a mortgage of zeal property in the 0 Revised Code of the State of Washington, as now or hereafter amended. O 8.3 suit. The Owner -of each Parcel or Building Area shall be primarily liable, and the occupant, if any, secondarily liable for the violation or breach of any covenant, condition or restriction of this Declaration. Violation or breach of any covenant, condition of restriction herein contained shall give to Developer-, Costco and any, other owner and/or Major occupant, the right to prosecute a proceeding at law or in equity against the Person or Persons who have violated or are attempting to violate any of these covenants, conditions or restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied, or to recover damages for said violation, it being agreed that the remedy at law for the breach or violation of any of these covenants, conditions or restrictions (except those, if any, requiring the payment of a liquidated sum) is not adequate. 8.4 Personal ob 'aat'❑ . Each Owner and Occupant, by acceptance of the deed to, lease of or other conveyance of all or 0134\008AO01L.0PT 22 10/12/90 �C rfs :' "i: -f:?.'i : ti r'ti+�; '•::.fit=-7 '3 25 %� r- a portion of a Parcel or Building Area or interest therein, shall be deemed to covenant and agree to be personally bound by this Declaration. Any sum not paid, or other obligation not performed when due, together with interest payable hereunder, and all costs and attorneys' fees incurred in connection with collection, shall be the .personal obligation of the Person or Persons Who were the Owners and/or occupants of the Parcel at the time the payment or obligation became due. The personal obligation shall not be _ released "ny--any transfer of't'he Parcel subsequent to the data each payment or obligation became due. 8.5 Attorneys' Fees. In any legal or equitable proceeding for the enforcement of this declaration or any provision hereof, whether it be an action for damages, declaratory relief or injunctive relief, or any other action, the losing party or parties shall pay the attorneys' fees of the prevailing party or parties, which shall be fixed by the court in such proceedings or in a separate action brought for that purpose. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. 8.5 Failure to Enforce Nn Waiver. Any failure to enforce any requirement, restriction or standard herein contained shall in no event by deemed to be a waiver of the right to do so . thereafter or in other cases, nor of the right to enforce any other restriction. C J 8.7 Remedies cumulative. The remedies provided in this ,�.. Section 8 are in addition to any remedies available under applicable law. Exercise of one remedy shall not be deemed to Npreclude exercise of other remedies for the same default, and all CZ)remedies available to an owner may be exercised cumulatively. C:) SECTION 9. EMINENT, DOMAIN O' 9.1 owner's Ri ht to ward. Nothing herein shall.be construed to give any owner any interest in any award of payment made to another owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other Owner's Parcel or Building Area, or portion of the Common Area owned by such Owner. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Common Area, the award attributable to the land and improvements of such portion of the Common Area shall be payable only to the Owner of the fee thereof and no claim thereon shall be made by the Owners of any other portion of the common Area; provided that any award attributable to the land or improvements comprising the Special Castro Maintenance Area shall be payable only to Costco and all ether owners shall be deemed to have assigned to Costco all of their right or interest in any such award. 0134\0080.001LAFi 23 10/12/90 ,0 0 0 9.2 Tenant's Claim. Nothing in this Section 9 shall prevent an occupant from making a claim in accordance with its lease. 9.3 Restoration of Cors.+cn. Area. The Owner of each portion of the Common Area so condemned shall, to the greatest practical extent to the extent that the proceeds of such award are sufficient -to pay the cast of -such restoration -and repair; and---- J --- — without contribution from any other Owner, promptly repair and restore, the remaining portion of the Common Area so owned to the condition existing immediately prior to such condemnation or transfer. SECTION 10. AMENDMENTS, MODIFICATIONS,ANP_rAFQ_%LTAT1Q This Declaration (including all Exhibits hereto) may be modified or terminated only by written instrument executed and acknowledged by Owners of not less than eighty percent (80%) of the land in the center (for purposes of •which the Special Costco Maintenance Area shall be deemed owned by Costco rather than Developer), and their respective Mortgagees referring to this Declaration and recorded in the real property records of King County, Washington. Developer and Costco agree, for purposes of confirmation, that upon recording of this Declaration in the Records of King County, Washington, Costco owns or controls 589,074 square feet or 52.14% of the total voting power of the Center and Developer owns 540,802 square feet or 47.86% of the voting power of the. Center. Each of Developer and Costco may, pursuant to an instrument hereafter recorded in the Records of King County, Washington, assign to a Major occupant a kart of its voting interest, and upon such assignment, the designated Major occupant alone may exercise the voting right of the assigning Owner to the extent set forth in the recorded assignment. This Declaration contains the entire agreement between the parties hereto relative to the subject matter hereof. SECTION 11. DURATION This Declaration and all the easements, rights and obligations set forth herein shall be perpetual. SECTION 12. RIGHTS AND ❑BLIGATIONS OF —LE The easements, restrictions, charges and burdens of this Agreement, are, and shall at all times be, prior and therefore superior to the lien or charge of any Mortgage affecting any Parcel or any part thereof, or any Improvements now or hereafter placed thereon, and shall be binding upon and effective against any Person (including a Mortgagee) who acquires title to any of the Center by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise. However, a breach of any of the easements, covenants, aMNOO 4001LAFT 24 10/12/90 1 i.n+�i43iAL . n i'%�x?' j1 r-ir�'+2't� T�v..r+lam'• r F. O J M n or or charge ooforenderns hereof shall not defeat or any Mo�rtg ge made in go d faith and for va ue- Tien SECTION 13. RFSEASE FRDFf_IFASILI Each owner shall be bound by this Declaration only during the period such Person is the fee or leasehold owner of such Parcel, except as to obligations, liabilities or responsibilities that accrue during said period. upon sale by an owner of all of its right, title and interest in or to any part of the Center, such owner shall have o event. responsibility as to obligations and liabilities accruing SECTION 14. o UN C DEDFCA ION Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Center or of any Parcel or the = Common Area to the general public or for any public purposes ? whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein i expressed for the development, maintenance: and operation of a private shopping center on private property solely for the benefit of the Owners. The right of the public or any person to make any use Whatsoever of the Common Area of the Parcels herein affected, or any portion thereof (other than any uselessly allowed by a Written or recorded map, agreement, deed or dedicationy is by permission and subject to this Declaration. Notwithstanding any other provisions herein to the contrary, each Owner may periodically restrict ingress and egress to and form the CD=On Area by any Person including Users in order to prevent a prescriptive easements fron arising by reason of continued public use. Any restriction on ingress and egress shall be limited to the minimum period necessary to prevent the creation of a prescriptive "Ict easement and shall occur at such time as to have a minimum effect cr) all Users. (V O SECTION 15. CONSTBUCTIVE uaTzcE AMP ACCEPTANCE i- p�j Every Person who now or hereafter owns, occupies or I` acquires any right, title or interest in or to any portion of the { Center is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such Person acquired an interest in the Center. SECTION 16. WAIVE Neither Developer, costco, nor their successors or assigns shall be liable to any other owner or occupant of the Center, or he subject to any action seeking legal or equitable 0134\0pMpp7t.RFT 25 10/12/90 c.�s` ,::'_c• _ ..c `•�:::` .= lri :iX' _ O W relief, by reason of any mistake in judgment, negligence, action or inaction, except for mistakes, negligence, action or inaction which constitute a breach of this Declaration. No owner shall be liable to any other owner or for the enforcement or failure to enforce any provision of this Declaration. SECTION 17. RUNS WITH LAND Except as otherwise specifically provided herein, all covenants, conditions, restrictions and agreements herein contained, or hereafter created pursuant to this Declaration, are made for the direct, mutual and reciprocal benefit of each and every Parcel of the Center; shall create mutual equitable servitude upon each Parcel in favor of every other Parcel; shall create reciprocal rights and obligations between respective Owners and Occupants of all Parcels and Building Areas and privity of contract and estate between all grantees of all Parcels and Building Areas, their heirs, successors and assigns; and shall, as to the Owner and Occupants of each Parcel or Building Area, their heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other Parcels and Building Areas. SECTION 18. FIGHTS -OF BENEFICIARIES No breach of any covenant, condition or restriction herein contained, or any enforcement thereof, shall defeat or render invalid the lien of any Mortgage; provided, however, that if any portion of the Center is sold under a judicial or nonjudicial foreclosure of a Mortgage, any purchaser at such sale and its CJ successors and assigns shall hold any and all property so purchased subject to all of the covenants, conditions, restrictions and easements contained in this Declaration. CV SECTION 29. CAPTIONS; OTHER WORDS O p The captions of Sections herein are used for convenience CY) only and are not intended to be a part of this Declaration or in any gray to define, limit or describe the scope and intent of the particular Section to which they refer. Any reference in this Declaration to the singular shall include the plural, and vice versa, and any reference to one gender shall include the other genders. The locative adverbs "herein", "hereunder", "hereto", "hereby", "hereinafter", etc., mean and refer to this Declaration in its entirety and not to any specific Section or other part thereof. SECTION 20. APPROVALS Unless otherwise specifically provided herein, whenever approval, consent or satisfaction (herein collectively referred to as an "Approval") is required of any Owner or Major Occupant 1 0134%008A001L.RFT 26 10/12/90 .® n pursuant to this Declaration, such Approval shall be given in writing and shall not be unreasonably withheld. Notwithstanding any of the foregoing, any owner or Major occupant may, in its absolute discretion, withhold its approval of any request to change traffic circulation, access, the site Flan, parking areas or the permitted uses of the Center. Unless provision is made for a specific time period, Approval shall be given within thirty (30) days after receipt of the written request for Approval, and if an Owner or Major occupant shall neither approve nor disapprove within__._. such thirty (30) day period, or such other time period as ray be specified in this Declaration for Approval, that Owner or Major Occupant shall then be deemed not to have given its Approval. if an Owner or Major occupant shall disapprove, the reasons therefor shall be stated in reasonable detail in writing. Approval by an owner or Major Occupant to or of any act or request by any other owner shall not be deemed to waive or render unnecessary Approval to or of any similar or subsequent acts or requests. SECTION 21. s ❑PP Z IC E Any Owner may, at any time and from time to time, in connection with the sale or transfer of its Parcel, or in connection with the financing or refinancing of its Parcel by Mortgage made in good faith and for value, deliver written notice to the other Owners requesting such Owners to certify in writing that, to the knowledge of the certifying Owner, (i) this Declaration is in full force and effect, (ii) this Declaration has C J not been amended or modified, either orally or in writing, and if so amended, identifying the amendments, and {iii) the Requesting Owner is not in default in the performance of its obligations under CY7 this Declaration or, if in default, to describe therein the nature Oand amount of any and all defaults. Each Owner receiving such request covenants to execute and return such certificate within C:) twenty (20) days following receipt thereof. Such certificate shall act as a waiver of any claim by the Owner furnishing it to the extent such claim is based upon facts contrary to those asserted in the certificate 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 certificate, and who has acted in reasonable reliance upon the certificate. Failure by an Owner to so execute and return such certificate within such period shall be deemed an admission on such Owner's part that the . owner requesting the certificate is current and not in default in the performance of such Owner's obligations under this Declaration. SECTION 22. EFFEPT OF I U9J2UL03-4 If any provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof. 0134WOaA001LAFi 27 20/12/90 .. ... - ~ ••'�.[iy- .i fi. ��r �'K.r :iY£.r.''•kr ti. — .� f•• �.��. -Y ti,.t /^�a._.5' .. +:r� S..l w� .S tY.J'U -F -] .�;t11.�. ,.,y �'..�:f+L�� .. ..'y� Y.. .�• 0 - .. .....''1,=.:,.;:::;..=:,r...k.;���.;:i-.:Iii1'•"-lnf.''«l` .a��J.•:�.v1. ..: u•...p . _ .. i 5.,•... ��:.a.( !l .�Iww..{k . O SECTION 23. NOTICES Any demand, request or notice which either party hereto desires or may be required to make or deliver to the other shall be in wr{ting and shall be deemed effective when personally delivered, or when delivered by private courier service (such as Federal Express), when received by facsimile at the facsimile number shown below, or three (3) days after being deposited in the United States mail, in registered or certified form, return receipt requested, - - - — - - - ----addressed--as-fol-l-ow,s:— To West_campus: West Campus Square c/o Armada/Lagerquist Company 2001 Sixth Avenue, Suite 3202 Seattle, WA 98121 Attn: James W. Lagerquist, President Telephone: (205)443-1540 t Facsimile: (206)443-1329 with a copy by regular mail to: Robert J. Knutsen P.O. Box 596 Milton, WA SS354 To Costco: Costco Wholesale Corporation Attention: Real Estate Department 14809 120th Avenue N.E. Kirkland, WA 98033-9777 Telephone: (206)828-8106 CJ Facsimile: (206)828-8105 �- To a Major As set forth in the recorded Occupant: instrument designating the Major NOccupant pursuant to the definition O of "Major Occupant" in Section 1 of this Declaration, provided the C=) assigning owner or the designated Major Occupant has delivered a copy of the recorded instrument to the other of West Campus or Costco,' as the case may be, in the manner required by this Section 23. or to such other address and person as either party may communicate to the other by like written notice. J IN WITNESS .WHEREOF, the parties hereto have executed this Declaration. 0134N000001LAFr 28 20/12/90 013410DMOD1L.RF7 10/12/90 0 T WEST CAMPUS SQUARE, a Washington joint venture By: ARMADA/WEST CAMPUS, INC., a Washington corporation, as joint venturer 92. I 6 4P Ev -r— r By -96bart LT. Xnu as Joint venturer COSTCO WHOLESALE CORPORATION, a Washington co. oration I 29 0 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I cent fy that I know or have satisfactory evidence that Gr is the person who, appeared before• me, and said person wledged that he signed this instrument, on oath �^ stated --that 'ire —Vas- audio, to execute tihe netriinent and -- --- ,z,red,,-� acknowledged it as the F�Slfdgl?.f, — of ARMADA/WEST CAMPUS, INC.,. a joint venturer of WEST CAMPUS SQUARE, to be the free. and voluntary act of such joint venture for the uses and purposes mentioned in this instrument. ., �d ' I ] - 90 �,� Dated: . {Signa ure) �' •. _ Title g � n............... My Appointment expires L STATE OF WASHINGTON ) ) ss. COUNTY OF KING- ) I certify that I know or have satisfactory evidence that Robert J. Knutsen 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 joint venturer of WEST CAMPUS SQUARE, toJPe° e-ree and voluntary act of such joint venture for the .11pis l.f gry$sftToses cmentioned in the instrument. Dated: /0 - l - f I �.4 �ti C1 48a,ILI $ �fF Iti�9a7...e�: sc O •"+ei,tNG'u`5++•'r` Q) tS gn ure) Title 0134\008h001LAFi 3 0 10112/90 STATE OF WASHINGTON ss- COUNTY OF KING J I c rti y that I appeared know or have satisfactory a idence that before i s a , is the person whon me, and said p n arsoacknowledged that3he signed this nstrument. on T oatYs jnstr=er�t. and stated that he was a th rized to executehCaSTCO WHOLESALE acknawledgec3 i-as�he_ act-of-such-cOr-poratior� [- CORPDRATION to be the.re, mentjnned�in the instrument. for the uses and purposes Dated: ; [s nature} �p d 0L1y •1 � o otter O:: U.1 .Gn r-ii C.I CV O O M i 0134\00M000AFT 31 10/12/90 i � �� O �'•'-i'� 0 EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, RESTRICTIONS AND RESERVATIONS FOR CAMPUS SQUARE etrt 1 _ Parcel. A 0 1 r THAT P08TION OF THE VACATED PLAT OF LAST TACOHA CENTRAL ADDITION "B", ACCORDING TO THE PLAT THEREOF RECORDED IN VottrdE 4 OF PLATS, PAGE 43, IN LING CGUNTY, IIASHINGTON, DESCRIBED AS FOLLOHSi EAST, NW,H.,CIHG AT TH� SOU - VEST caRgER or IN KING COUNTY WASHING ON;ETHENCE FORTH 1'34''08' LASYHALONG THE ?EST LINE OF SAID SUBDIVISION 496.66 FEET; THENCE SoCrd $8'35116" EAST 50•0 FEET TO THE EAST HARGIN OF 16TH AVENUE SOUTH AND Tn TRUE POINT OF BEGINNING; THENCE BOVT'ki 68'35116" EAST 470.06 FEET; THENCE SOUTH 1/28119/1 WEST 467.20 FEET ALONGTSAID NORTH HARCINTH I 470 79 FM -TO THE EAST KA�RGIN OF 16 SAVE1NVE1SOUTHWEST nENCE NORTH 1'3008" EAST ALONG SAID EAST KARCIN 466.71 FEET TO THE TRUE POINT OF BEGINNING. MM ABOVE PARCEL CONTAINS 219,657 SQUARE FEET OR 5.043 ACRES. c .� M C:) m ow�coeAooia.nrT 1 1 P w — 'tHAT PORTION OF THE VACATED PLAT OF EAST I AO GF PLAN p 43.OIIJ ~MG ACCORDING A5 FOLIANSN VOLUME . TOW �l4CINC AT TEE SQGTMST CORNER OF SECTION 2N+ORTB '3A-ASEKI,08I EAST gALONG TEE PAST, W.M.■ IN! XISG CODS , RASEINGTON: TH SOM 88'35*16" LAST 50.00 {PEST LIRE DP SAID SUBDIVISION ' 496.66 TFET; THENCE TRUE POINT OF EECIHNXl9G; FEET T6 THE EASY HARGIN OP 26TH AVENUE SO= AND Te' EAST ALONG SAID EAST M},RGIN 112.28 TZET TO AN ANGLE !HINT£ ER O ITaNC " r vi EAST o To POINT THEREON; T1iEHCE NORTH Z'42" 12" EAST ALDkG�� &DUTJJ 88 2b.5g 16 FEET TO NQRTd LINE OF EAT 3, BLOCK 11 OF SHED PIJ�T; THE ONG THENCE SOUTH TO SAID LNORTU IESTERLYI RIGHT-OF-WAY LINE OOFHPR O�NY ��,E RIGHNAYHHO 1 gCE or g7.19 F8£I = 31'32'24" J3ASi ALONG SAID WGIN 145.84 FELT TO AN ANGLE IPOININT ITS SE : THENCE am SOUTS I4" ZA 4" EAST ALONG SAID MARGIN 87.44 FEET TO A N{ Ii4HTfiIB '35'A15" WEST 88■35'16" EAST FROH TIJE TRUE PAINT OF EEGINNING; 11Q7.61 FEET -To T8E TRUE POINT OF BEGINNING. THZ ABOVE DESCRIBED PARCEL CDNTAINS 216,580 SQUARE FEE[ DB 5.018 ACRES. C1 N _O O M OUs100iA001F.RPT A-2 0 THAT PORTION OF THE VACATEO PLAT OF EAST TACOH A CENTRAL ADDITION "E", -- ACMUD ING TO THE - PLAT THE UOF RECORDED IN YOLV:r- 4 OF PLATS, PAG& 43, IN KING COUNTY, VASHINGTOH. DESCRIBED AS PDi.LOWS: — - COFL'J£NCING AT T8E 501}THUEST CORNER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.H., IN X , COUNTY, WASHINGTON; THENCE NORTH 1'3003" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 496.66 FEET; THENCE UTE 68'35'16" EAST 1 34T08" EAST ALONG T'EET TO THE EAST }dARGIN OF 16TH AVENUE SOUTH; TUNCE SAID EAST HARGIH 112.26 FEET TO AN ANCLE POINT THEREON; THENCE NORTH 2'42'12" EAST ALONG SAID MARGIN 95.16 FEET TO Ta NORTH LINe UP LOT 51 D'OXK 11 OF SAID EAST PLAT AND TfIE TRUE POINT OF BEGINNING; i'ANGL COAT THINcEREON; H ON; THENCE 11NORTH ALONG SAID HAKGIN 469.90 FEET TO AH ANGLE POINT THEREON; 15'36'1$" EAST ALONG SAID MARGIN 20.62 FEET TO THE SOUTHERLY HARGIH OF STATE 70ME 18; THENCE ALONG SAID KARGIN AND SOUT}iSTESTERLY MARGIN OF pRIHAHY STATE HIGHWAY NO. 1 THE FOLLOHING COURSES AND DISTANCES: SOUTH 88024106" EAST 127.98 FEET; NORTH 01*3515411 EAST 25.00 FEET; $oUni 88'24'06" EAST 300.00 FEET; SOUTL' 67014,1611 EAST 373.53 FEET. SOUTH 31'32'2411 EAST 381.16 FEET TO THE SOUTHEASTERLY CORNER OF THAT PARCEL Oc LAND COHYSYZD FROM THE STATE OF WA5HING70H UNDER KING COUNTY RECORDING No' 6712240520; THENCE NORTH: 88'26'55" 14EST 997.19 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 363,059 SQUARE FEET OR 8.335 ACRES. C .! at CrNN7 O O m 0134UMOOIF-M A-3 0 - TACDHA GSN�T^ A�AISIQH "'�", y F LAST A pp PLATS■ Pd IN� MG 'ELxB'i TRSQF tCyygpED IN VDLIIHE THAT PQaTIDN A5 YQyLDR5t �iGE h '"CORDING TO i1ESCRIBED TDKH9Bip 21 FORM KG E A Cpint. WASBkHGTGN� N Y1� SoUtaaST CAS+�R 4F SEumCS 14om k+3 B8 35 16 WT 50-00 \} Co�DMgCING AT THB fiASffIHGTQtz: �tICEE SOUTUNC80VTId sa'W IV LAST p.A.rT � N.li. � IN AID D ZUBDIVISION 496.66 itAga So' NEST .LIlM 07 5 T KARpIN Of 1 F A HG, F8ET TQ �TQ S ? pDun OF 8£GIi.— y�STL'ILI ��-pF- G7O.0G fBET ZC Tn . s 4 EAsT ■35'16" EAST b37.S1 NCZ 3GUZH kT A2 2 TONCE 5�T8 y SLATE BIGHWAY do • 1 i ILGIH OF �NGE CO 1?3,G[A1t5gtST 8S T❑ Tu xGRTH tih RGIH 322.56 FEET TO AH ANGLi POINT To , H KARGIN 707.40 LlAY LIKE GIN kGT.1T TUT NDRTH pDIHT QF SAID WESTgRLy wLo% 5AYD VEStER1•BB`31 41" SST AI5 FRDIi xBE TRUE 13 58 " THFt�CB DxHT OF r � 06 WEST u" pOAtH 1.28' 1`1 � FEET TO TE18 TRDE P sourg 352h� 1ST] TTSICIL BEARS SDUTH 457.20 THEHCB NDftTB 1 2B 14" BAST FRET TO A FpIHT BgGXNNiHGi FEET Q8 7.5e3 eOPgs. BEGIHNISr" THE "OVE FAR eL. CoNI& HS 3Z8.3S5 g4DARE cJ Zi �r j4 �.'-ii •i Ol3(WwAooiFjtyr A4 O EXHIBIT B TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, RESTRICTIONS AND RESERVATIONS'FOR CAMPUS SQUARE Parcel Plan bl ;;0 N N 1y88'24'O5'E 300.00 a 67rrt a o 3lo.r _ m � N O t � va D 363.059 SCLYT 08.34 AC. dr 4N � 40 40r to Q O T.P.0.B. PARCEL'0' 1488926'55'W 997A9 3 LO 5 e8*26155' E 997.19 �> H 2442-12-E 95.15 C 219,560 SOFT 5.02 AC. O� 1.3NOWE 112.28 N88.35'16'W 110261 C J 589'35'16'E 470.00 588.3•a'16"E 537.51 'mot s; T. P.O.B. OF a T. P.0.8. OF PARCEL'B' CY7 m A R C■ Srz PARCEL e CZ) f = f ^^ B m C `W 219,65 SQ.FT 3 328,5Q5 SO.. FT. 7.54 AC.. t. 5.04 AC. �1 N i f l -i SCALE re 200' ;4 i 75 3193724'E _ 145.84 �S 17.42'24'E _': ..// 87.44 ;3 1 x x 0 H88.31'4TW 47Q.79 H tjti 31'�1S'W 767.40 S 352ND ST. ' POINT OF COMMENCING IBIiSH RDE�f�HlTCH!!iL# �� S.W.C. SECTION 21,721 N, a IL GUM S L"D a W' R 4 ErW.M. SURVEY 90197.00 DATE:7.11.90. 0134100BA0010.BFr B-1 O ci wrt m 0 0 m EXHIBIT C • TO _ DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, RESTRICTIONS AND RESERVATIONS FOR CAMPUS SQUARE } Site plan a y y y y t�Q5n v'i y tu'mtop V �_ �i5i5252SZ5�Z5i�5 a O Q�'1 �n �elN!q OfN n 0134WDIAMI O.F.Ff C-1 r `I na rl O EXHIBIT D TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS,. RESTRICTIONS AND RESERVATIONS FOR CAMPUS SQUARE specja3 gvstco Hslintpr8 2'g-h-rca Ems i I t D-1 7777�, .0 . J O G EXHIBIT D-1 TO DECLARATION OF COVENANTS, CONDITIONS. EASEMENTSr __. RESTRICTIONS AM RESERVATIONS FOR ..-. _ CARPDS SQUARE Legal Description of Special Costco Maintenance Area TEAT PORTION OF. THE VACATED PLAT OF EAST TACOMA CENTRAL ADDITION "B", ACCORDING TO THE PLAT THEREOF RECORDED IN VO DESCRIBED OF PLATS, PAGE 43y IN KING COUNTY, WASHINGTON, FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, THENCE NORTH 1034'03" EAST ALONG THE WEST TINE OF SAID SUBDIVISION 496.68 FEET; THENCE SOUTH 8B°35116" EAST 50.00 FEET TO THE EAST MARGIN OF 16TH AVENUE SOUTH AND THE TRUE POINT OF BEGINNING; THENCE NORTH C j 1'034'48" EAST ALONG SAID EAST MARGIN 15.00 FEET; THENCE SOUTH 88035'16" EAST 150.00. FEET; THENCE NORTH 1°34'08" EAST 159.50 FEET; THENCE SOUTH 88035'16" EAST 511.00 FEET; THENCE SOUTH N 0053'35" EAST 174.64 FEET; THENCE NORTH 88035'16" WEST 198.50 FEET, THENCE SOUTH 1026'19" WEST 467.20 FEET TO THE NORTH MARGIN `O OF SOUTH 352NO STREET; THENCE NORTH Ba031141" WEST ALONG SAID QO� NORTH MARGIN 200.79 FEET; THENCE NORTH 1034'DS" EAST 125.54 FEET; THENCE NORTH 88025'52" WEST 270.00 FEET TO THE EAST MARGIN OF 16TH AVENUE SOUTH; THENCE NORTH 1034'08" EAST ALONG SAID EAST MARGIN 210.71-FEET; THENCE SOUTH 88125152" EAST 150.00 FEET; THENCE NORTH 1-34'08" EAST 115.41 FEET; NORTH 88°35'16" WEST 150 FEET TO THE SAID EAST MARGIN OF 16TH AVENUE SOUTH; THENCE NORTH 1a34'08" EAST ALONG SAID EAST MARGIN 15.00 FEET TO THE TRIIE POINT OF BEGINNING. THE ABOVE PARCEL CONSISTS OF 260,489 SQUARE FEET OR 5.98 ACRES d112a101690 MCIIBIT E TO DECLARATION OF COMANTS, CONDITIONS, EASEKENTS, RESTRICTIONS Nita RESERVATIONS FOR CAMS SQUARE SALE AREA RinTtiTfl � y 4 rj O *1 REET SUIFF G00 SFA17U. WA 98101 AMENDMENT- TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, RESTRICTIONS AND RESERVATIONS FOR CAMPUS SQUARE This Amendment (the "Amendment") to the Declaration of Covenants, Conditions, Easements, Restrictions and Reservations for Campus Square (the "Declaration") is made and entered into this a$ day of 0(=Mj Enj=_ , 1993, by and among WEST CAMPUS j SQUARE, a Washington joint venture ("West Campus"), COSTCO WHOLESALE CORPORATION (''Costco"), a Washington corporation, G.I. JOE#S, INC., an Oregon corporation ("G.I. Joe'sr') and KEARNY STREET aREAL ESTATE COMPANY, L.P. ("Kearny"). m WHEREAS, Costco and .West Campus executed the Declaration which G was recorded on October 23, 1990, with the King County Recorder under Recording No. 9010231412 and applies to various uses of and restrictions to the Campus Square Shopping Center in Federal Way, QWashington (the '►Shopping Center"); and WHEREAS, G.I. Joers is a Major Occupant in the Shopping Center and Kearny is a Mortgagee in the Shopping Center as such terms are 00-- defined in the Declaration, and West Campus has assigned forty-five percent (45%) of its voting rights under the Declaration to G.I. 3oe!s; and WHEREAS, the Declaration creates an area within the Shopping Center known as the special Costco Maintenance Area over. which Y N Costco has certain rights and obligations, which special Costco 8 V Maintenance Area is legally described on Exhibit D-1 -to the Declaration; and - 1 a:1aDl0a4R1102t0 W 11�maid'MI.�C r Od.b,r 15. IM E j 1 • WHEREAS, the Exhibit C to the Declaration sets forth certain areas of the Shopping Center as Building Areas and designates the maximum building size for each Building Area which can be revised pursuant to Section 3.3 of the Declaration; and WHEREAS,' West Campus desires to lease to General Hills Restaurants, Inc. ("General Mills") a parcel in the Shopping Center (the "General Mills Parcel"), which is legally described on ' Exhibit A to this Amendment, for the construction and operation of a restaurant;' and w WHEREAS, the General Mills Parcel, which will include Building Area 4 on Exhibit C to the Declaration, is larger than said IMBuilding Area 4 and the proposed restaurant will contain more square footage than that allowed on said Exhibit C; and D- WHEREAS, certain access ramps, landscaping, utility meters, O ' q41 and other facilities ancillary to the restaurant to be constructed _ on the new Building Area 4 will extend up to 20 feet to the north ofthe new Building Area 4; and WHEREAS, the General Mills Parcel will overlap the Special Costco Maintenance Area, such overlap area being legally described on Exhibit B to this Amendment; and WHEREAS, Section 7.2 of the Declaration requires every owner in the shopping center (which term includes General Mills as a ground lessee) to carry certain insurance which names employees as additional insureds, and General Mills does not carry such coverage; and WHEREAS, the parties desire to amend the Declaration to provide for, among other things: an increase in the size of 2 - Ocle6er It. 1991 i �1 1 M r� " . Building Area 4 so that it coincides with the General Mills Parcel; an increase in the Maximum Buildable Area on Building Area. 4 to accommodate the restaurant; an easement to permit the Occupant of Building Area 4 to use a*limited•'area to the north of Building Area 4 for access ramps, landscaping, utility meters, and other purposes ancillary to the restaurant to be constructed an Building Area 4; the reduction of the Special Costco Maintenance Area so it does not overlap the General Mills Parcel; and a change in the insurance provisions of the Declaration. NOW, THEREFORE, in consideration of the covenants contained .N herein and for other good and valuable consideration, the parties O agree as follows: 1.• Exhibit C to the Declaration is hereby amended by Csubstituting in its stead what has been marked as Exhibit C to this Amendment, the .purpose of which is to show Building Area 4 as the General Mills Parcel, to increase the Maximum Buildable Area of the new Building Area 4 to 9500 square feet and to reduce the Maximum Buildable Area of Building Areas 2-and 3 to 6500 square feet and 4000 square feet respectively. 2. The Occupant of Building Area 4 is hereby granted an easement to use up to 20 feet of the area to the north of the new Building Area 4 for access ramps, curbing, landscaping, utility meters, a fire hydrant, fire department connections, a fire protection vault, and a grease interceptor, to the extent shown on the site plan prepared by Van Lom/Edwards A.I.A., P.C., dated March 13, 1992, with revisions to September 27, 1993. This 3 0:1oWOU.o01QlWDI l V mml9Q3Jgr :r_•� ...77 M..,.... L 0 i "N - - -: 1 easement shall supersede any other rights to the contrary created under this Declaration. '? 3. The legal description of the Special Costco Maintenance t Area attached to the Declaration as Exhibit D-1 is hereby amended by deleting from such property the property legally described in 1 Exhibit B to this Amendment. In conjunction with the execution and recordation of this Amendment, Costco has executed and recorded a partial release of the easement recorded October 23, 1990, i, Recording No. 9010231411, such that the property still subject to j such easement now corresponds to the reduced area of the Special :7 m Costco Maintenance Area as shown on the drawing attached to this t Amendment as Exhibit D. G• 4. The drawing of the Shopping Center showing the location (7) i of the Special Costco Maintenance Area attached to the Declaration as Exhibit D is hereby amended .by substituting in its stead the drawing attached to this Amendment as Exhibit D. 5. Section 4.8.3 of the Declaration is hereby amended by adding at the end thereof a new sentence to read as follows; "Notwithstanding any other provision of this section 4.8.3, neither Developer, Costco or any Major Occupant of the Center shall allow or permit any employee parking in the Common Area of the Center north of the currently existing roadway adjacent to the southern boundary of Building Area 4 and within 300 feet of Building Area 4.11 6. Section 7.2 of the Declaration is hereby amended by adding at the end of the first sentence the following: "provided that ground lessees whose building structures. contain less than 4 O:1o0i00WU1P2�D11�meoE9O3.gr OcWb" 11, 1993 ...•r ••• I 10,000 square feet need not include employees as additional insureds." 7. This Amendment is being entered into pursuant to Section 10 of the Declaration which provides, among other things, that the `Declaration may be modified only by Owners of not less than•80% of the land in the Center and their Mortgagees. Based on the standard set forth in the preceding sentence, the parties to this Amendment constitute a group which has the power to modify the Declaration in co the manner herein provided. The terms "owners," "Center," and 1n "Mortgagees," as used in the preceding two sentences, have the meanings set forth in the Declaration. pIN WITNESS WHEREOF, the parties have executed this Amendment. d' WEST CAMPUS SQUARE, a Washington joint venture By: ARMADA/WEST CAMPUS, INC., as Joint Venturer By: 3. L gdtques Pres dent 8y: Sbrt Xen, as Joint Venturer COSTCO WHOL�ALE CORPORATION J' I la rj _ Q;1ppIppV06i0Q.V1G 1lioaeQ9N.gr o-nDu ll, t� r �1 LF� u f r 1 } G G 0� , G. I. JOE'S, INC. By: Oj,/,—:: It KEARNY STREET REAL ESTATE COMPANY, L.P. By: 1SS Cory+oration. erl gena_partner Its General Partner Its VT eelL STATE OF WASHINGTON ] 3S. COUNTY OF KING J I certify that I know or have satisfactory evidence that J. W. Lagerquist signed this instrument, on oath stated that he was authorized to Execute the instrument as the President of Armada/West Campus, Inc., which is a joint venturer of West Campus Square, a,Washington joint venture, and acknowledged it to be the free and voluntary act and deed of said corporation on behalf of said joint venture, for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto affixed on ;LIE r 1993. / G ��- ,e ► -V.0 Notary Publ c in and for the State of Washington 14y appointment expires !A 6 6:tWi0L•{d.ld7�e 1,+mm49C1;r od otw 18, 1"1 v� -. I 1 1 -. I 1 1 O STATE OF WASHINGTON ) ) ss. COUNTY OFG� ) I certify that I know or have satisfactory evidence that Robert J. Knutsen signed this instrument,.on oath stated that he was authorized to execute the instrument as a joint venturer of __West- campus _Square, .. and— acticnowledged -...it to be the free. and ---- voluntary act and deed of said joint venture for the uses and purposes mentioned in the instrument. w} TNESS my hand and official seal hereto affixed on en C_TO13@R_ ;ZF- , 1993. Notary Public in and for the State of Washington �� G My appointment expires STATE OF WASHINGTON ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that c5a�, - p'Xe7r4 '_ � signed this instrument, on oath stated that he/shs- was authorized CO execute the instrument as the d P�?- 7-n of costco Wholesale corporation and acknowledgeed it t❑ be the free and voluntary act and deed of said corporation, for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto aff1qy11¢Airs� 1993. Notary Public in and f state of Washington My appointment expires STATE OF 41ASi *NG'?@NM:-'d 7 ) ss. COUNTY OF494#G-CI0tekQWuX3 ) I certify that I know or have satisfactory evidence that fj r1k -raLjCk4jrk signed this instrument, on oath stated that he/she was authorized TO execute the instrument as the — 7 — a:wo�ooioo�aauoaiwti�aens..� r n to LP G co O d' 0'7 of G. I- 7oe's, Inc. and acknowledged it to be the free and voluntary act and deed of said corporation, for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto affixed on Z�at)r-�tYlb Zvi 1 , 3.993. 1j1� BARt3JIRA MALLEFIY NOTARY pU3UCaNCt+PN Notary public n and for the Cp>,IM)SS10Nt+O.it}Ilia+! state of tia-esM4sg� QG'r µY rommiss[ON ExPIAiS A1RR. t2. 1495 Fly appointment expires STATE OF COUNTY OF ss. T on this day of , 1993, before me, a Notary public in and for the State o€ duly ❑ommissioned and sworn, personally appeared to rle known (or proved to me on the basis of satisfactory evdense) to be the person whc executed the within and foregoing instrument as of the corporation named in and which executed the w th n and foregoing instrument as general partner of vvAnaiV cMror:•m 1D37aT. 1•.'L"11L1T`P Cn9VANV T..P.. T limited CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT mein State ❑f mom" OPTIONAL SECTION — CAPACITY CLAIMED BY SIGNER County of < TIO.Vh manna do" not "wl""''Noel b Ir hn In 1ho data ha)ow, doing to may Provo AAbWePua"'°yr�m `'" "gongedoau. pn �� b9loreme. 5 '�1^hfI 11 �� .'nEOfCFFiCfR-Etl,' ooE,1t]rurr INDIVIDUAL 7-_ J CORPORATEOFFICER(S) personally appeared x.� P� ^r-f"�iG I I Of SGNEJya) TME(S) $Zpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) LIMITED to be the personal whose nameW is/me GENERAL subscribed to the wflhln Instrument and ac. ❑ ATTORNEY -IN -FACT knowledged to me that heJs)*ffl)ay executed ❑ TFiUSTEEts) the same in hisMaWth94 authorized E3GUAROU4WCONSERVATOR capacity(iiae), and that by his/biiIlheir DER signaturs(s) on the Instrument the perso ft or the entity upon behalf of which the s ccA+a IaI rsde person(e) acted, executed the Instrument. SIGNER IS REPRESENTING: tCan1v:f sCpelYv - F.tr Carrm �n OC:T I'. I4�i7 WITNESSm hand and official seal. y KAAEOFPERSONS) OREnTff I") TUR£ pF NOTMr OM SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT S THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Ttagh To q:a mqv !*d rhea 4 rQ1 rom.na W L%-. n mub p vm rra WWen1 raa;me%� ce Tti hen. SIGNER(S) OTHER THAN NAMED AnVE L CiM NATIONAL NOT..W(A S IAT70N • Sm R*mn*Avo., P.O. Box 7134 - CarogrPXk CA g1M51-71% e-;. O Go Cat v CONSENT STATE STREET BANK AND TRUST COMPANY (the "Bank"), being the assignee- of -a col -lateral- assignment •o€ thebeneficial -interest- in—. - that certain Deed of Trust executed by West Campus Square Joint. Venture, a Washington joint venture, and recorded under Ring County Recording No. 9010231416 (the "Deed of Trust"), which Deed of Trust affects certain real property commonly known as the,Campus Square Shopping Center and more particularly described in that certain Declaration of Covenants, Conditions, Easements, Restrictions and Reservations for Campus Square recorded under King County Recording No. 9010231412 (the "Declaration"), hereby approves and gives its consent to the amendment of the Declaration, to which this Consent is attached. DATED this -5 day of Ahk11 , 1994. STATE STREET BANK AND TRUST COMPANY p BY:zts 'rT Vice President STATE OFQ�jRf+�Z[�1E _ ) ss. COUNTY OF Orfalk) I certify that I know or have satisfactory evidence that 110GHELLE K CCURELL signed this -instrument, on oath stated that he/she was authorized to execute the instrument as the V" President of STATE STREET BANK AND TRUST COMPANY and acknowledged it to be the free and voluntary act and deed of said n for th e uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto affixed on Mau !i _ , 1994. [Print Name] Notary blIc in and for the State of My appoint en t exp rea AptO M L994 &'o"l y Pch5: tiM �mmISSAO Exjirns J.ra 13, 2p10 a a j 1 e EXHIBIT A General Mills Parcel THAT PORTION OF THE VACATED PLAT Of EAST TACONA CENTRAL ADDITION "8", ACCORDING TO THE PLAT SHCRWF RECOMC OIN VOLUMEFOL4 r PLATS' PAGE 43, In ICING COUFfTY, • j commEHCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 21 _.. - .._ NORTH, MNCE i --EAST,-f1.li.-,-..IH-_ 1CTifG__C UNTY,- WASHINGTON; THENCE NORTH 1.34103" EAST ALOHC THE NEST LIKEOf SAID SUBaI'JISIflK_._ 496.66 FEET; THENCE SOUTH 08035'16" EAST 50.00 PEET TO THE EtST KARGIN OF 16TH AVENUE SOUTH: THENCE NORTH 01634'0&" EAST ALONG SAID 'EAST pMaIK 36.00 FEET TO THE THENCE CONTINUING HORTH 1.34'08" EAST ALONG SAID LAST MARGIN 74.2E FLLFT TO AN ANGLE POINT THEREIN, THENCE NORTH 2*42112' ZAST ALONG SAID N FELT; TRSKCEROIN SOUTH 49.33 FEET,* 03' 06' 13"THENCE SOUTH WEST 3 � , )0 FEET;THE THENCE SOUTH CMG 0 66'53'43* EAST 153.16 FELT; THENCE SouTH 01624144% WEST 31-31 �] FEET To THE BEGINNING Of A CURVE CONCAVE TO THE MEET HAVINC A Cat RADIUS OF 50.00 FEET; 'THENCE SOUTHERLY 15.93 FEET ALONG SAID CURVE THROUGH ACENTRAL AHGLS OF 13'85'15"1 THENCE SOUTH O 19.39'44• NNEST 74.35 FEET TO A P0114T WHIC9f BEARS SOUTH 69'3S116" CAST FROM THE TRUE POInT OF BEGINNING; THENCE NORTH 69435414" ME ST 162.94 FELT TD THE TRUE POINT OF DEGIHHIHG- 0 1 i / . 0 BUSH. ROED & HITCHINGS. INN EXHIBIT B OVERLAP PARCEL DESCRIPTION THAT PORTION OF THE VACATED PLAT OF EAST TACOMA CENTRAL ADDITION "$", ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF PLATS, -- — PAGE 43, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:- - — 1 COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, -WASHINGTON; THENCE NORTH 1034'08" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 496.66 FEET; THENCE SOUTH 88035'16T' EAST 50,00 FEET TO THE EAST MARGIN OF 16TH AVENUE SOUTH AND THE SOUTHWEST CORNER OF £ASEHENT AREA DESCRIBED IN 1115TRUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 9010231411 AND 9010731412; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID EASEMENT AREA THE FOLLOWING FOUR COURSES: THENCE NORTH 1"34'08" EAST AWNG SAID EAST MARGIN 15.00 FEET; THENCE SOUTH 88035116" EAST 150.00 FEET; THENCE NORTH 1034'08" EAST 21.00 FEET TO THE SOUTH LINE OF PARCEL "C" OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. SLA 93- 0002, RECORDED IN VOLUME 92 OF SURVEYS, PAGES 157 AND 157A, RECORDS OF SAID KING COUNTY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 01.34'OB" EAST 118.71 FEET TO THE NORTH LINE OF SAID PARCEL "C"; THENCE SOUTH 8£'53'42" EAST 38.43 FEET ALONG LAST SAID NORTH LINE TO THE EASTERLY LINE OF SAID PARCEL "C"; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING THREE COURSES: THENCE SOUTH 01'24'44" WEST 31.31 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHERLY 15.93 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18.05115"; THENCE SOUTH 19639149" WEST 74.35 FEET TO SAID SOUTH LINE OF PARCEL "C"; THENCE NORTH $8.35'16n WEST 12.94 FEET ALONG SAID. SOUTH LINE TO THE TRUE POINT OF BEGINNING; THE PARCEL DESCRIBED ABOVE CONTAINS 3,545 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON. ARMADA LAGERQUIST CAMPUS SQUARE OLIVE GARDEN WILLIAM A. HICKOX, P.L.S. BRH JOB NO. 90197.14/SUR59B DUNE 15, 1993 r� 6 2063237135 B. R. H. F-856 T-692 P—Wl 0Cr 28 193 13:22 �NIZ-AZZICNIM I HtLtAbt FAKUhL SKETCH EASEMENT RELEASE PARCEL AREA=3545 =FT CY 34.43 x rg S-aG&35'16*E— t53.16 w -W S0545340-K t Z S 10.241441* 3t31 > A=16805115^ R=50.00 L*.15.93 cm o . G 4D 0 0, m t; up 0 w z tD 12.94 S158"5'I4"E 150.00 RUE POINT OF' BEGINNING 50-00 AAL 10 Illl POINT OF COMMENCINIS S. 352ND ST. a W%pw mom,116, Mmumommme , mmw- I J 06 NO. 9010% 14, DAM 6-25-93, BY RK SCALE: 1*4 SW A 1 •EXHIBIT C to Dealaration of Covenants, Conditions, Easements, Restrictions and Reservations for Campus Square O C1 N O II it AREA Iliilslit kfill!!llili!!�1�. WrrtW A,FEA 1 �n�'{•'�'}1{j1•'j'��1�'}1j'I�'��nl i u 1 y"�I' 1 rn � ul 1 pllu_ 5 itzI i 1 i -ff M17"WrMll-.111111I f�L 1!�111!lll�iL L 1 ll[Illill I i1"M MR-M I 150400 SF. 2 6,500 S.F. 3 4,000 S.F. 4 9,500 S.F. g 5,000 SF. 6 2000 SF. T 66,000 SF. 8 2, 6 SF. (T9A. CRY COSTCO PARCEL 1 Gii EXHIBIT D to Declaration of covenants, Conditions, Easements, ---Res-t-r-ictions and Reservations for Campus -Square Special Costco maintgnance Area PPW == fi I X UCORISL•D•AT ITEM REQUE$T OF AND WnN RECORDED RETLUN TO-: . . RoberE C. MacAulay, Eaq. Alston, Courtnage,-MacAulay 6 Proctor 1000 Second Avenue 03900 pEcu 2 AMOR ' To DECLum off QF Seattle, WA 98104-1045 }' RE6°7,'RICTIQii9_M _it88L"HgATICHB 'U __ . TOLCXlIPUB.. MMRL _ro This Second Amendment (the KSecond Amendment") to the - - �- Declaration of covenants, Conditions, Easements, Restrictions and Reservations for Campus Square (the "Declaration") is made. and ontered Into this 22nd day of Moyember , 1994, by and among WEST CAKFUS 8QUZR.B, a Washington joint venture ("West Campus"), COSTCo WEoLLBRU CORPORATION, a Washington Corporation ("Costco") and 0.1. .TON's, INC., an Oregon corporation (KG.I. doe's"). SECTIOtF I: itEr� T.Tij T Sz64 1.1 Ccsatco and West Campus executed the Declaration as of October 23, 1990 and the Declaration was recorded under Xing County .� Auditor's No. 9010231412. C1.2 West Campus has assigned Porty-five percent (45%) of its voting rights under the Declaration to G.I. 7oe's. r°1 1.3 West Campus, Costco and G.i.,7oers entered into a certain T4 Amendment. to the Declaration on 'October 28, 1993 (the "First d" Amendment"). 1.4 The parties now wish to further amend the Declaration as outlined below. 2.1 New Sitp • The parties hereby agree that the Site plan attached hereto as Exhlbit is hereby approved and substituted for the site plans attached as Exhibit C to the Declaration and the First Amendment. SECTION 3 s ALL 6'j= TERMS RFYDUW _= SAME To the extent not inconsistent with the foregoing, all of the terms and conditions of the Declaration, as previously amended by the First Amendment, shall continue in full force and effect. 2=1016 -1- A1[ICMf.QEC EIAL' 1WXCAMiC1KW1T M S at , �ti.- ..�.. _ _.... _ .. , .. r.......: ck, y Ste: +:{ik+isr--.`.•''�r ► . .. ._ �. WEST CAMPUS SQUARE, a Washington joint venture By: A=ada/West Campus, Inc., a Washington corporation, CD LO r4 1H 07 74 as Joint Venturer COSTCO WHOLESALE CORPORATION, a in corporation n 3 . ts: G.I.,JOE"S, INC., egon corporation By: Wa J n I D P OVEF] M.XFWY STREET REAL ESTATE COMPANY, L.P. By: KS Corporation, General Partner 8x; lel . w STATE S'SR.E BST COMPANYpall� By: /XE-. AISIpNT 0EC LUr4j/U CW:CIRCUIT 2- a Vq Lo L�] C1� tIt tf M STATE OF WASHINGTON ) ) as. COUNTY OF IaNG ) On this fSfi day of 5� �Cvnt3E�r 3.9941, before me, the undersigned, a Notary Public to and for the State of Washington, duly commissioned and sworn personally appeared Jaaes W- Lagerrinist, known to me to be the President of lxnada/Waat Campus, Inc., a joint venturer of West C-E= Egamre, the joint venture that- executed thd- foregoing instrumemt, and -acknowledged the said - — instrument to be the free and voluntary act and deed of said joint venture, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before re and making this acknowledgment is the person whose true signature appears on this document. WITNESS ny hand and official seal hereto affixed the day and year in the certificate above written. C��� Print vj= NOTARY PUBLIC in and for the State Of Washington, residing at S ._ZG-CCt-C- Ky commission expires or- 9 -C; STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) on this _aLt day of e►..�7L' 1994, before moo the undersigned, a Nota-ry public inand Por the state of Hasbington, duly commissioned and sworn personally appeared Robert.T. Jmutscur rc joint venturer of xast Campus 6grzare r the joint venture that executed the foregoing instruvent, and acknowledged the said instrument to be the free and voluntary act and dead of said joint venturrer for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. I certify that 13mow or have satisfactory evidence that the person appearing before ma and making this acknowledgment is the person whose true signature appears on this document. WITNESS Say bind and official meal hereto affixed the day and ymar in the certificate above written. Prime "M NOTARY PUBLIC in and for the State Of Washington, residing at b my Commission expires io - ZDM/016 .3. AIi M.= aNACMAESTCAM. CI=17 1 1 I E Em STATE OF WASHINGTON ) i ) SS. COUNTY OF RINGS ) II__ : On this .,� day of _ (1 i' 1994, before me, the undersigned, a Notary Public in and for the State of Washington, deli commissioned and sworn personally appeared _-10ol ,l n ke-1 , known to me to be the � r — i of Castco wholesale Corporation, the corporation that executed the - "- foregoing instrument, -and acknowledged the said instrument to the free and voluntary act and deed at said corporation, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I cartify that I know or Dave satisfactory evidence that the person appearing before me and making this acknowledgment is the parson whose true signature appears an this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. s1�,.cure Print Name NOTARY PUBLIC in and for a State of Washington, residing at erA My commission expires STATE OF UL 600 ) Bs. Comm OF N hCk rrW ) On this ) 44-1� day of S L- tcrAbS/ , 1994, before me, the undersigned, a Notary Public in and for the State of G , duly commissionod an� sworrsaijally appeared Wayne Jackson, kncnm to me to be the %X_6 _ r*,S-otn'r of O.Z. Joe'. Inc., 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 purposes therein mentioned, and on oath stated that he/she vas authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before as and making this acknowledgment, is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the Certificate above written.1,,., ; i 1�a r fl}FICIAL SEAL tl�swy BARBARA MA1.kERY qy{� P r M R[..L C HDtARY PE1&.EGi]RF�H CU�iFi€s5lpN lip, A04K30 Pz nt Naze MY CAI�h{fS51f1k r'�[FfAES iiAR. t2 1595 'NOTARY PPLIC in and far the State Or _Q �U residing at d Hy commisaion expires -! 2DOO/016 RAACA AX6TCW.CIRCU1T A •4. AIENW.DEC ;W-jM11r n r_. e r L q4 CD V? e-I e� .M STATE of �cJl.r3 rlk� ] } ss. COUNTY ❑F '� ] On this ^ day of r" -1994, before me, a Notary Public in and for the State of • „a- , duly commissioned and sworn, personally appeared L' , to me )mown to be the V,'ye- P�{51 rat -- �i IS corporation, the Craneral Partner of raarny Street Real ]Estate Company, L.F., the partnership named in and which executed the foregoing...instrumaat, .and. -he/she. aclalowledged to tee that --he/she signed the same as the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal the day and year in this certificate above written. Hrra�eaaev, coti+re i fonsm No1er acre — uosuvcaacourrtv fy}�rCm,p1],1pq� Arfnt XW VOTARY PUBLIC in and for the State of residing at STATE OF Maaeaehusetts ' my commission expires } ss. COd'N`iY or on this �`C• day of , 1994, before 'me, the undersigned, a Notary public in and for the State of , duly YVf�d,eworn personally appeared , known tome to be the ' of etata Street Doak and Trust company, the EAwaATKba that executed the foregoing instrument, and acknowledged the sald instrument to be the free and voluntary act and deed of said for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. - WITNESS zany hand and official seal hereto affixed the day and - year in the certificate above wri an. `..i� _.... _ , =.. Rotary Puhfia Print Name CMD;! ma �f¢ilL+<t � NaTARY Punic in and far th State of MarAmhusens , residing at - My commission expires L zvooro�a -s• �xoKT.oec nWAU/1 3MW:01RCU1T 0 EA EXH[Brr"C" to Declaration of Covenants, Conditions, Easements, Restrictions and Reservations- for- Campus-- Site Plan Square - WL Affil aid 0 E CD -Ma SUM ARFA I IMM S.F. 2 6,506 SR 3 4ADO S.F. 9,5DG S.F. S. SF 2= SR UM &F Buipm &MU zu SF (TV COSTCO PARCEL AWA 4 . . . . . . . . . . . ? I lilt WIt n 111111111111 un 1 RX LIM P 8' MM 10111111 RIZQM AFFA AFTER RECORDING, RETURN TO; COSTCO WHOLESALE CORPORATION Attn: Legal/Real Estate Dept. 999 Lake Drive Issaquah, WA 98027 11111111il-r�11111 11 fill FIRST AMERICAN AMND 12.00 THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, RESTRICTIONS AND RESERVATIONS' FOR CAMPUS SQUARE 20000113000284 PAG00111E3/2M 10:18 KING COUNTY, uR Grantors: Costco Wholesale. Corporation, a Washington corporation G. I. Joe's, Inc., an Oregon corporation Knutsen LLC, a Washington limited liability company Grantee: Portion of the vacated Plat of East Tacoma Central Addition "B", Vol. 4 of Plats, °1 ', -Page 43, records of King County, Washington o Legal Description! Portions of Blocks 2 and 5-12, Vacated Plat of East Tacoma Central Addition "B", Vol. 4 of Plats, Page 43, records of King County, Washington Tax Parcel Nos.: 219260-0590-07; 219260-0290-00; 219260-0570-01 Amendment to Document Nos.: 9010231412, 9407280653 and 9411220561 r- 0 o This Third Amendment (the "Third Amendment") to the Declaration of Covenants, o Conditions, Easements, -Restrictions and Reservations for Campus Square (the "Declaration") `" is made and entered into this day of t 2� mma3 by and among COSTCO WHOLESALE CORPORATION, a Washington corporation ("Costco"); G. I. JOE'S, INC., an Oregon corporation ("G. *I. Joe's") and KNUTSEN LLC, a Washington limited liability company ("Knutsen"). RECITALS A. Costco and West Campus Square, a joint venture ("West Campus"), executed the Declaration as of October 23, 1990 and the Declaration was recorded under King County Recorder's No. 9010231412. B, West Campus assigned forty-five percent (45%) of its voting rights under the Declaration to G. I. Joe's. C. West Campus, Costco and G. I. Joe's entered into an Amendment to the Declaration on October 28, 1993 and the Amendment was recorded under King County Recorder's No. 9407280653 (the "First Amendment"). 3RD AMENDMENT TO DECLARATION OOUPTE3Y RECORDING ONLY... 5 NO LIAA1UTY FOR VALIDiTS',M 1 OR ACC T Lik(,TASSi1 u"D BY FnRS'rAXZRICAN rrrL iNsuRANczCOMPANY m t 31e 3g. y D. West Campus, Costco and G. I. Joe's entered into a Second Amendment to the Declaration on November 22, 1994 and the Amendment was recorded under King County Recorder's Number 9411220561 ("Second Amendment") E. Knutsen is the successor to West Campus Square's interest in the property covered by the Declaration. F. The parties now wish to further amend the Declaration as outlined below which shall be effective from and after the date Costco acquires title to Building Areas 5 and 6 THEREFORE: 1. New Site Plan The site plan attached hereto as Exhibit C is hereby approved and substituted for the site plans attached as Exhibit C to the Declaration, the First Amendment and the Second Amendment. 2. Amoded Section 3.3. Section 3.3 of the Declaration is hereby amended by deleting the words "except Building Area 6" contained in Section 3.3(i) on the last line of page 5, and in Section 3.3(ii) on the second line of page 6. Section 3_.3 of the Declaration is further •aended to provide that Costco shall have the right io aflncate its Max mimum Buildable Areas among Building Areas 5, 6, 7 and 8.. 3. All Other Terms Remain The SpMg. To the extent not inconsistent with the foregoing, all of the terms and conditions of the Declaration, as previously amended by the First and Second Amendments, shall continue in full force and effect. c - o DATED as of the day and year first set forth above 0 m COSTCO WHOLESALE CORPORATION, a Washington corporation r-- 0 o c By. ' N KNUTSEN LLC, a Washington limited liability company, successor to West Campus Square,'a Washington joint venture, and successor to West Campus Square Limited Partnership, a Washington limited partnership B e J. utsen, Manager and Sole Mein berr 3RD AMENDMENT TO DECLARATION 2 G. I JOE'S, INC., an Oregon Corporation By: Its• OFFICIAL SEAL STATE OF W INGTON ) LANEM CMOO of 55. NOTARY C.OWISSIM No OMI I County of ) MY COMMISSION EXPMES ©ECEMBER 15, 20M r this ca day of , 1999, before me personally appeared Pvuu to me known to be the _P `AD - _ of the corporation that executed the within and 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/shelthey was/were authorized to execute said Instrument and that the seal affixed thereto (if any) is the corporate seal of said corporation —---------INWTNESS WF[EREOF- Thave hereunto set -my hand and a Ixed my Official -Sew -the day and year first above written. Ld [ D R (printed name) Notary Public in and for the State of Wash'ngton Residing at. YP5 ru My Commission expires: IJ 15 •-JLRm 0 0 0 CV J 3RD AMENDMENT TO DECLARATION 3 1 ao .N 0 0 0 M r- 0 c Q 0 CV STATE OF 44SO rimr,) ) ss. County of ) On this 941 day of 0fr.5n- E4- , 1999, before me personally appeared to me known to be the An4 (y 04 of the limited liability company that executed the within and foregoing. instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he/shelthey was/were authorized to execute said instrument and that the seal affixed thereto (if any) is the seal of said. limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written_ ��,,..�■tit [[//ryy�///►///i�� A o. 40TARr � :'o r, 90el {printed name} ► "°•' Notary Public in and for the t PUB1.1C y . State of. WTO -ti. -- f y�... t - Residing at:. uj &LSF to OF My Commission expires: z.ao STATE OF ss. County of O.n this day of ��i , 19 , be ❑re a personally appeared _I��is�7�,7 , to me known to be the U of the corporation that executed the within and foregoing instrument, and acknowle ed 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/sheAhey-was/were authorized to execute said Instrument and that the seal affixed thereto (if any) is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Y I �lT XFltR {printed name} Notary Public in and for the State of Residing at: e My Commission expires: '1-a' 3RD AMENDMENT TO DECLARATION 4 i EXIEBIT "C" tD Declaration of Covenants, Conditions, Easements, Restrictions and Reservations fo: Campus SgDaro In i f II Ilf I IF I I I rr1V --! fill I'll II I �r 1I 1 VV l't1o11ival yl ,+ wo slIJil1l" 1 r ! +l,11111�a�ari, (IL"111''Hill � 1 I AFt� sl I lilr7:•'rl ll7 irr7'1r r �I ! I ,. I I I]I ilIEIlI itit•tr+rl Ilti 'I lrlt H r • +. VV111111 w+111 15 4 �`+ j Iti j 1lsili+}In' :ls S I1 cr Irit I -� I r r• �'Illlirili7rY'uJi �ti ill 4 ! tli it �l� I I 1111IT1 i1r1111.' •,+u� { Nip I iil! t ,rl 111 fI III 1 Ir �J E}L JJ� MAX! -Aff:,A -..Bl O(NG ARFA 1 150,000 SF. 2 6,50D S.F. g 4,000 SF. 4 91500 S.F, 516 26,000 S.F. S2SA a � sF. fTB COSTCO PARCEL cm a 0 0 AFTER RECORDING, RETURN TO Foster Pepper & Shefelman PLLC 1111 Third Avenue, 43400 Seattle, WA 98101 ATTN• Kathleen S Sims Ij ! I 200007 i 8ft 126 FIRST AMRICAN AMNv 3s N PAGE 001 OF 013 07/18/2000 02.38 KING COUNTY, WA DEVELOPER AND OWNER'S CONSENT AND PARTIAL AMENDMENT OF THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, RESTRICTIONS AND RESERVATIONS FOR CAMPUS SQUARE -6RA[YTORS KNUTSEN LLC,-a-Washington-limded-liability company GRANTEE. COSTCO WHOLESALE CORPORATION, a Washington corporation LEGAL DESCRIPTION- Portion of the vacated Plat of East Tacoma Central Addition "B," Vol. 4 of Plats, Page 43, records of King County, Washington Portions of Blocks 2 and 5-12, Vacated Plat of East Tacoma Central Addition "B,a Vol 4 of Plats, Page 43, records of King County, Washington TAX PARCEL NOS. 219260-0590-07, 219260-0290-00, 219260- 0570-01 AMENDMENT TO DOCUMENT 9010231412, 9407286653, 9411220561 and NOS. 20000113000284 This Developer and Owriei's Consent and Partial Amendment (the "Agreement`) concerning the Declaration of Covenants, Conditions, Easements, Res�notlons and R ervations for Campus Square is made and Entered into this M day of Ji+ Y 2000, by and among COSTCO WHOLESALE CORPORATION, a Washington corporation ("Costco") and KNUTSEN LLC, a Washington limi#ed Liability company (°Knutsen"). t'1 J CC(X Sy py CORDOU 1DNLY 140 LLM31 lTY AA VALfMY AMIQIt A=RAay A, 8SUM ?D HY P•IM AIMUCAJ -1- Tr` p pig RANCE C(XIMArrr .y VVV/ VVY RECITALS A Costco and West Campus Square, a joint venture ("West Campus"), executed the Declaration as of October 23, 1990 and the Declaration was recorded under King County Recorder's No. 9010231412'(the RDeclaration") B. West Campus and Costco et al entered into an Amendment to the Declaration on October 28, 1993 and the Amendment was recorded under King County Recorder's No. 9407280653 (the "First Amendment"). C. West Campus and Costco et a1. entered into' a Second Amendment to the Declaration on November 22, 1994 and the Amendment was recorded under King County Recorder's Number 9411220561 ("Second Amendment") D Knutson is the successor to West Campus Square's interest in that certain property which is the subject of the Declaration (the "Center") E. * Knutsen and Costco entered into that certain Purchase and Sale Agreement ("Purchase Agreement°) dated October 29, 1999 pursuant to which, cv co subject to the satlefaction of certain conditions, Costco will purchase an area of o the Center that Includes Building Areas 5 and 6. F. Knutsen and Costco et - al. entered into a Third Amendment to the Declaration on December 28, 1999, to be effective only from and after the date Costco acquires title to Building Areas 5 and 6 The Third Amendment was recorded under King County Recorder's Number 2000113000284 (the "Third Amendment") The Declaration as modItied by the First Amendment, Second Amendment and Third Amendment shall collectively hereinafter be known as the � Declaration. G. Knutsen anticipates selling its interest in the Center and in contemplation thereof wishes to execute this Agreerrient to marnoriaiize certain agreements it has made In its capacity as Developer and Owner vnth Costca. The parties wish to record this Agreement in order to give any potential purchaser of Knutsen's interest record nonce of such- agreements and consents whether or not such agreements or consents were actually required under the Declaration H This Agreement shall be effective only from and after the date Costco acquires title to Building Areas 5 and 6. -2- jSOtCM61 v3—t,w�oaiPedeal WsylDie"n IaewlgJ I Terms used but not defined herein shall have the meaning given them In the Declaration .l 0 a> 0 [SOlM16{ W—CeneelFdad W�Dehnm (aimq, �J -3- THEREFORE: 1 AMe ended Section 10 Section 10 of the Declaration is hereby --amended to include the following. Nothwithstanding any provision in this Declaration to the contrary, Knutsen as Owner and [Developer hereby agrees that Costco shall have the right, at any time and from time to time, to alter, rearrange or relocate at its own cost and expense, any Improvements and Common Areas located or] (a) the Special Costco Maintenance Area and (b) any property within the Center now owned or hereafter acquired by Costco provided, however, that the change does not (1) result in the loss of more than ten (10) parking stalls or (li) materially impair or diminish the easements granted herein or traffic circulation through the Common Areas 2, Building Areas 5 and Q. Whether or not Developer and Owners consent is required pursuant to the Declaration. Knutsen hereby approves Costco's development plan for Building Areas 5 and 6 as shown on the plan attached hereto as Exhibit A (the "Development Plan") This Development Plan - - is not- to -be confused with, or deemed to -be -an amendment -to, the Maximurn------ - - Buildable Areas as allocated on the Site Plan attached to the Third Amendment of the Declaration. 3. A,Pproval to Access Chances. Whether or not Developer and Owner's consent is required pursuant to the Declaration, Knutsen does hereby confirm its consent, previously given to Costco, to construct a raised pork chop in the mtersecdon of Enchanted Parkway and the curb cut into the Center near the Olive Garden which pork chop will preclude left turns from the Center to co southbound. Enchanted Parkway, all as shown on Exhibit A attached. 4. Section 3.1 Signs. Whether or not Developer and Owner's consent �• is required pursuant to the Declaration prior to installation of new signage, �a Knutsen hereby approves the elevations and drawings for signage for Parcels 5 o and 6 attached hereto as Exhibit B and Exhibit C (collectiveiy, the "Signage C�j Plans"). Knutsen further agrees that Costco may amend the Signage Plans as desired to Costco's reasonable discretion without requiring further consent from Developer or Owner to do so, provided such changes are approved, as required, by the City of Federal Way. 5. - �3egUri 3.4 panting Areas. Knutsen does hereby approve reconfiguration of the Parking Areas on Parcels A and B as shown on Exhibit A attached. (talwiQi �—Cemm�haoW W�yroeldm(.nar)] WJUVU, UJD LIZ CM r-- CZ3 a. c--P cl�l 6. Amur deli Section 3 5 Section 3 5 of the Declaration is hereby amended to include the following "Notwithstanding the foregoing, Knutsen as Owner and Developer for itself and its successors and assigns agrees that Costco may display up to five (5) new vehicles on portions of the Common Areas located on Parcels A or B, in a manner not to unreasonably interfere with customer parking 7 U utilized Maximum Buil b e Area Under Section 3.3 of the Declaration, when any Building Area is not developed to Its maximum, It results in surplus building rights (Surplus Building Rlghte) The Developer (and, pursuant to the Third Amendment to this Declaration, Costco) Is allowed to increase the Maximum Building Area of a parcel within the Center by application of the Surplus Building Rights to other Building Areas Knutsen, as Developer, is the owner of ail Surplus Building Rights and has agreed under the Purchase Agreement to assign all such Surplus Building Rights to Costco at Closing 8. ' Consent Not to be Unreasonably eld Notwithstanding anything to.the contrary in the Declaration, including but not limited to Section 20, Knutsen as Developer and owner, for itself acid --its successors 'arid assigns, agrees that whenever Costco requests Developer or Owner's consent pursuant to the Declaration, including when Its consent is required to modrfy or amend the Declaration, Knutsen shall not unreasonably withhold such consent. Notwithstanding anything to the contrary in the Declaration, including but not limited to Section 20, Costco agrees that whenever Knutsen, its successors and assigns, requests -As consent pursuant to the Declaration, Costco shall not unreasonably withhold such consent If a change in traffic circulation, access, the Site Plan, parking areas or the permitted use of the Center would have a material adverse affect on the Center, then withholding consent shall not be deemed unreasonable 9 All Other Terms Remain The Same To the extent not Inconsistent with the foregoing, all of the terms and conditions of the Declaration shall continue in full force and effect DATED as of the day and year first set forth above (501 raaet 03 — C=MTwlml w,y Meelm (WMQI COSTCO WHOLESALE CORPORATION, a Washington corporation By: -5- i its KNUTSEN LLC, a Washington limited liability company, successor to West Campus Square, a Washington joint venture, and successor to West Campus Square limited Partnership, a Washington limited partnership By e J Kn LV6rt rMans and Sole Member � . ►rr ©f C7 CO r C O C C CV .6- (SUIPACu7_r:....,e�JN9dalrn (,a ,U) STATE OF WASHINGTON } } County of Pierce On this ° oy' day of _lUcl 2000, before me personally appeared ROBERT J KNUTSEN, to me known to be the Manager and Sole Member of KNUTSEN LLC, the limited liability company that executed the within and foregoing Instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and .purposes therein mentioned, and on oath stated that he is authorized to execute said instrument and that the seal affixed thereto (if any) is the corporate seal of said limited liability company -IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wntten 3n= 2 "Y (SidKatAt of NOW .. 1, B �►� 1 r �dT r (LvblyPrrnter5lampName&Nawy) -►+.— P, Notary public 1n and fq5 the State, of PU Bup = Washington, residing at f u YA L u r erg OF`17 My appointment expires l _� -7- (enisawras-G=0.MW.'d W.Yrp"f4 COW 41 c- Q ao r� 0 C= C Ca C14 STATE OF WASHINGTON } } County of King ] On this I day of , 2000. before s er on ail appeared to me kn to be the Pof ❑STGO WHOLESALE CORPORATiON. the corporation that execu d the within and 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/they was/were authorized to execute said instrument and that the seal affixed thereto (if any) is the corporate seal of said limited liability company IN WITNESS WHEREOF, t have hereunto set my hand and affixed my official seal the day and year first above written e .'• a iM • ti �' ;�. (Signature of Notary) —._. a.x--f ;n _ li �Isa r;t1 J (LC9roly PFM nrSlsmP Hamm of Natary) ..-.. Notary public in and for the State of U13 0 Washington, residing at G -zv My appointment expires (3011"61 os—Cwadyadaol WeyrDdom(ea=DI Yid r O O O c14 Exhibit "A" MlAll 4 l076 • { .. Mol �,� CAIER 81EET � lip 7,-Hii It cavroo wNa e+N.E OAS arAi,oit AflOFiKlN 2610o E Puwwar 9 9Yi �...,.� �..� tAimLlfit fEDF?MLWAX wAY wA9WA3 FtiiG7ai9a00y WAMi17FbN D W L=A=10N 7 51` E ISTH AVENUE SOUTH ^� f rn n � -� Fn ,1 _ i l F � ji II C) i jl I C U 100 r7-I 1� cJl e R Lis Al •� i� 41111I k 1 all E fit- a'� its R C4 \LM Ll— 0 .n {=I.r o C) o T y jaik O 4 - -o lie. D I Q rn ri O 1p 111 lie' n +� I' it It i� • , 1 O + i •t 1 - I r S,a f- 0 CD 0 0 [V A IJ O J rli T i � ■ 1 rn D il - I ip / o F a Z C f � 4 � �e cn Z 0 12fr�]� S I., it fit 1; 1 hit JJ S � 20000925000332 FIRST AMERICAN DFCL 16.00 P1111 001 of 009 09125/2000 00,37 K1W COUNTY, UA AFIER RECORDINQ M I Name, C �r' '� �lJs- vl �' � .mom r) Address ( m 3� � r ' 3`40-6 City/State`" Document Title(s): (or transactions contained therein) i• �� r �h tl���n�r-}. �n `Nr.� �l e n �.ttl�ra r-4lerror.�s� cv-� cm Reference -Numbers) of Documents-assigned-or,released: 0 0 C'V C" t= � Q i d c _ cw 0 AdditionaI numbers on page of document Grantor(s): (Last name first, then first name and initials) i• K h,] �Y1 I L t C. , =nC_ CG, 4 5. ❑ Additional names on page of document Grantee(s): (Last name first, then first name and initials) i. kn� a�Y1 l Ll-C— 2. I er�,y� C c, W I %O` lu c c 4. 5.- ❑ Additional names on page. of document �'' • FirstAmericanTitle Insurance Company 7 LJABUITY FOR VAf.:EM ANDMR MLMACY ASSUMED BY F1W A%MCAN TT F INS' IR ARCF COMPANY (this spacefor title company use only] Abbreviated Legal Description as follows: (i a lot/block/plat or section/township/range/quarter/quarter) ❑ Complete legal description is on page of document Assessor's Property Tax Parcel / Account Number(s): WA-t NOTE. The audirorlrecorder will rely on the informatton on the form The staff well not read the document to verify the accuracy or completeness of the indexing information provided herein 6-4 cm a2 rn 14 AFTER RECORDING, RETURN TO Foster Pepper & Shefelman PLLC 1111 Third Avenue, #3400 Seattle, W- A 98101 ATTN Kathleen S Sims FOURTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, RESTRICTIONS AND RESERVATIONS FOR CAMPUS SQUARE GRANTORS KNUTSEN LLC, a Washington limited liability company G I JOE'S INC, an Oregon corporation - COSTCO- WHO LESALE-CORPORATION;--a-- - Washington corporation GRANTEE Portion of the vacated Plat of East Tacoma Central Addition "B," Vol 4 of Plats, Page 43, records of King County, Washington LEGAL DESCRIPTION Portions of Blocks 2 and 5-12, Vacated Plat of East Tacoma Central Addition "B," Vol 4 of Plats, Page 43, records of King County, Washington TAX PARCEL NOS 219260-0590-07; 219260-0290-00, 219260- 0570-01 AMENDMENT TO DOCUMENT 9010231412, 9407280653, 9411220561 and NOS 20000113000284 This Fourth Amendment (the "Fourth Amendmenf) to the Declaration of Covenants, Conditions, Easements, Restrictions and Reservations or Campus Square the "Declaration") is made and entered into this J9 day of , 2000, by and among COSTCO WHOLESALE CORPORATION, a Washington corporation ("Costco"), KNUTSEN LLC, a Washington limited liability company ("Knutsen") and G I JOE'S, INC, an Oregon corporation ("G I Joe's") -1- i 150ier730o_ } i C�4 0 b cry '. N. .Cmp 0 0 a v RECITALS A Costco and West Campus Square, a joint venture ("West Campus"), executed the Declaration as of October 23, 1990 and the Declaration was recorded under King County Recorder's No 9010231412 (the "Declaration") B . West Campus, G I Joe's and Costco entered into an Amendment to the Declaration on October 28, 1993 and the Amendment was recorded under King County Recorder's No 9407280663 (the "First Amendment°) C West Campus, .G I Joe's and Costco entered into a Second Amendment to the Declaration on November 22, 1994 and the Amendment was recorded . under King County Recorders Number 9411220561 ("Second Amendment") D Knutsen is the successor to- West Campus- Square's interest in -that - certain property which is the subject of the Declaration (the "Center") E Knutsen and Costco entered into that certain Purchase and Sale Agreement ("Purchase Agreement") dated October 29, 1999 pursuant to which, subject to the satisfaction of certain conditions, Costco will purchase an area of the Center that includes Building Areas 5 and 6 F Knutsen, G I Joe's and Costco entered into a Third Amendment to the Declaration on December 28, 1999, to be effective only from and after the date Costco acquires title to Building Areas -5 and 6 The Third Amendment was recorded under King County Recorder's Number 2000113000284 (the "Third Amendment") The Declaration as modified by the First Amendment, Second Amendment and Third Amendment shall collectively hereinafter be known as the Declaration G The parties now wish to further amend the Declaration as outlined below which shall be effective from and after the date Costco acquires title to Building Areas 5 and 6 H . Terms used but not defined herein shall have the meaning given them in the Declaration -2- ' • � 150197730 021 r r THEREFORE: 1 New Site Plan The site plan attached hereto as Exhibit C is hereby approved and substituted for the site plan attached as Exhibit C to the Declaration, First Amendment, Second Amendment and Third Amendment (the "New Site Plan") The parties further agree to not unreasonably withhold their consent should Costco request changes to the New Site Plan If a change to the New Site Plan would have a material adverse affect on the Center, their withholding consent shall not be deemed unreasonable 2 All Other Terms Remain The Same To the extent not inconsistent with the foregoing, all of the terms and conditions of the Declaration shall continue in full force and effect DATED as of the day and year first set forth above COSTCO WHOLESALE CORPORAT-IONi � a Washington corporation a 0 0 By Its ►mqarm* 5c KNUTSEN :LLC, a Washington limited o liability company, successor to West Campus Square, a Washington -joint venture, and successor to West Campus Square Limited Partnership, a Washington limited partnership By - ` Robert J n tsen, ager and Sole Member G I JOE'S, INC, an Oregon corporation By P� V) Name Its -3- c50197M 02 j i STATE OF WASHINGTON County of Pierce ) On this Ef day of 2000, before me personally appeared ROBERT J KNUTSEN, to me known to be the Manager and Sole Member of KNUTSEN LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument and that the seal affixed thereto (if any) is the corporate seal of said limited liability company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written cv _ �+'��.. 1.,.�j'��+ • --- _.-- { 1 re ofNotaryl 7 f r'•r�1" (Legivy Pant or Stamp Name of Notary] Notary public in and for,3the State of r .�i�• .n 0, %► PUB. "� Washington, residing at ��r t•....., My appointment expires 11 l OP c=3 c� cr -4- [50197730 01-1 l C" m 0 0 CV cn -o v o n o .J N 7 STATE OF WASHINGTON ) County .of King ) On this day of , 2000, before,, T�e pers pally appeared ►T�, to me k awn to be the _ 11,eV a of COSTCO WHOLESALE CORPORATION, the corporation that executed the within and 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 helshefthey wastweFe authorized to execute said instrument and that the seal affixed thereto (if any) is the corporate seal of said limited liability company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal -the day and year first above written IN (signature of Notary) (L WNy ftnt or Stamp Name of Notary) Notary public in and for he State of Washington, residing at My appointment expires -rJ- (50197730 023 j 1 STATE OF OREGON County of ) Dn this day of , 2000, before me personally appeared ,tomeknv ntobethe - ofGI JOE'S, INC t corporation that executed the within and 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/they was/were. authorized to execute said instrument and that the seal affixed thereto (if any) is the corporate seal of said limited liability cm o company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Q official seal the day and year first above written ,� --(&anoxe of xoLy). "A 410 Dry Ifs L (LagiNy 0 not or Stamp Nara of NotaW Notary public in and for the State of V_J_ w W/ealtimftft, residing at .3io kLL2— r*"et My appointment expires 1b*1 15 M ISOL97730 oz ( \ .! OFFICJAL SEAL LANE` rE C MOME NOTARY PMr_14REQC)N COW183FON NO AfY CQ�yIA�iS3" E'RES S RAEAt 5, 20M m d 0 rn a =3 CNI 150197730021 Exhibit C r` 4 4 s'Z^off fin; r 1 4i 4 j .� HAS EWE tCy ,u •.e Mr.0 LtuM •;I11 - "' , �' �C , e,raii CAkVW SWAFM _ un m r �r r•, FSDEFAL WAY WASHR40TON - 0 0 d d _ 6 a o goo iq W z cq m Go z Y o A FZ to �n � eti a� • ca a i tll O • V WOE FYIm . W O3 0 Z O • � wo< now �p • NVT Y`oe .¢n Ln ei Y� W a C L co taML x 8 � �w�Aw • �� Va MW u f$x 3 � oQ 2 ne ' i p u o C LL W I zo ■ < V� O � 2 Z O I�VO QJ V U¢ W W r u U W ¢ O • u o ' < i 5 ' ~~L C9 NI ✓`G r one -d .n�."c� e�=gR? sa aco 47 'P, m -'R`:�¢ek-` s1 ui US. a • .�a <<4e.:3c e�s^� se ="5`'7 kx F-�K :sn=== 451 w9 ' at 3 gel -"fie je�-"f,=•� =-•cs gear=.:$ ^?�:E 3 sgc.'y-"a x & o+ F "' _ • 'S��z r3='sY�^�e xao ;"3�.=� ��;�-ae 9 ki �s:-• " a._.€: �aaEs,eex C.g se •fags :~ .;,, z v rc N 6 — ggi! q^�3 r�' :Se';Y ••.:Sg: S ^�� oRi.: !'r�-`s�-y,y $ -3-C •[Pat ASS;tAl g 00 Nt 311 .�xe-�.R-+ ssg.12 .� v�C Cam.. Y"."a..S:. .: < r�i E'a -a�a:� �. o w�3 a 9s is ..��s r 6 l d 3� , FpY Syu� IPT id s'y'Nell 5-r°gaig `• ::o._q•:' � - � � � • ^ � w�_ - UP B L=`•- t 3 �6 C ; 041NF. it $ c,si k S rhtiie� Vie; Un Q•�-� _ � 8 _ Y pa x',�'^�`P CY: iG`v�-•F�",,•► a CL .s ,anti. tam W q�- tt :S7L721 Z '� M53 8 i 1 '�' W. E.. W_ �' Y ;2�..vt��_. .. .may }.- •_i •1��J •-��.�:��.�?':'.;F�� '-.�ii�'�i�-.' �=: '.'�..•'��.=y� ��-.1.5 � .i• � '.ZS.r,:in•' -'_=:.i.,:. ':tip: i,rvr-4-•i: :L i'1 .. �7: .. _.n 7.• fti.iF ...... ., ii.. .. .•i�: 5, •.a• •.•pYi .?•+,i','++SY v 4iwi a.r.x..W-A-148-10Msines. ' n �Tr�T TL�Lr�1 Wtl.iWRAIN 1 1 DEED In the Matter of Primary State Highway No. 1, pierce County Line to Jot. the 88B No. yy-A - KNOW ALL MEN BY THESE PRESENTS, That Grantor H. A. �laslcburn and Jar Aaoiburn, huaband and wife loar ocher c; �l ioonsi rasativn) - - - - Tmv and Ru/100 - - - i#10.03/ - - - - Zullars, hereby convey and warrant to the SrAT6 of WAsruxa'rox, the following described real estate situ- ated in king County, in the State of Washington: lata 5 through 22 inclusive Block 22 of Heat Tacoma Central. AMition "A', as recorded. is Volume 4 of Plata, gage 6, records of said County, bid'vf vacated streets and alleys ajacent thereto; ALSO in All that portion of Lots 5 through 22 incluaive% Vace� net Tacoma Central Additiou "B" an recorded in Volume 4 of Plate, page 43 and of Vacated streets and alleys adjacent thereto lying Northeasterly of a line beginning at a point opposite and 2T2 feet North- westerly, vhen measured at right angles, from Highway Engineer's Station 18n+00 of Primary State Highway No. 1, Pierce County Line to Jet. SSE No. 5-A; running thence North IT*42' Neui; 410 feet; thence North 31"32' west to the Northerly line of said 14t 22, and the end of this line description. The ]ands being conveyed herein contain an area of 2.06 scree, more or less, the specific details concerning all of which are to'be found within that certain map of definite voca- tion now of record and on file in the office of the Director of Highways at Olmla, and bearing date of approval June 24, 1958, and the center line of which is also shown Of ro- cord in Volume 1 of HiShvay Plate, gags 154 and 155, records of said County. Al80, the Grantors herein convey and warrant to the Stato of Waahineton all rights of *..e- gress and egress (inducting all existing, future or potantial eseements of access, light, view and air) to, from and between Primary State Highway No. 1, Pierce County Tine to Jot. 801 No. 5-A,'end the remainder of said Block 2 and vacated streets. It is expressly intended that these covenants, burdens and restrictions shall ran with the lend and shell forever bind the Grantors, their heirs, successors or assigns. JhN281959;Eiledbr_w.rI Parcels 21239, 212hO, 21243, 21244, 21246 b 21^4Z i 21248 • "Gi It is understood and agreed that the delivery of tills deed is hereby tendered and that the ler?w and obiigatlona hereof shall not become binding upon the State of Warthiugtun unless and until accepted and approved hereon in writing for the State of Washington, Department of Higltways, by the Chief 4 Right of Way Apml,Ind ' J Dated .._........ _,,,. ran l�f:._...._.._..._.._._................__..._._.._......_.._.............. 'JAN 221959 r • Accepted and approved ........ STATE OF WASHINGTON DEPARTMENT OFMGGHHWAYS icy......_. rr r. •� Chgot RI¢ht o) Way Aaent. } STATE OF WASHINGTON, ll County I, the undersigned, a notary public in and for the State of Washington, hereby cortify that on this -- :day-ofappeared-before me - f H. Dlttok tss riaeltltutm to me known to be the individual.._a described in and who executed the foregoing instrument, and ac- kttowledged that.,M1NX...aigned and sealed the same -as .....+A9.1Z.._.,.free and voluntary act and deed, for the-ided- &nd purposes therein mentioned. Given under my hand and official seal the'day and year last above written. Natary AuFitrinav;w for the Stata of W aptan. ReMag at ............... an$ha: tiritS}1 IN, t x `y o M � O Ll JM 2 81959 016d by , yi RECORDEDVOL PAGE —•-.......REQUEST OF 8 r. W 1959 JAN 28 AM 11 44 kIP1G COUNTY YiA5H. ._.DEPUTY ! e qi anti •;:v �:TMi :^ar•� i I•• 4 M4 4.r.Mo;SM-A-14B6 :0M, 51W. WARRANTY DEED LIMITE.� i'', ;..i ►�a In the Matter of Primary State Highway No. 1, Pierce County. TAm to Jot. 98H No. 54 KNOW ALL MEN BY THESE PRESENTS, That the Grantor' a, Lyle V. Smith and Nadine Nmith, husband and wife on Karah 25,1955.and at all time sinco, o aid In co��sed�ation o� ftife s&n of - - - - TEN and NO/100 - - - ($10.00) - - - - Dollars, o or a con idcxa an hereby convey and warrant to the STATE OF WASHINGTON, the following described real estate situ- ated in King County, in the State of Washington; i fiats 1, 2 3, 4, 7, 8, 9, 10, sad 15 tbrough 28 inolueive of Block 21 Rost Taco", Contra]. Addition r'A", as per plat recorded in Volume 4 of Plat% page 42. rworda of said County; TOOX'l'M WITti that portion of block 3 of Vacated East Tscoaa Central Addition "B", as per plat recorded in Volume 4 of Plate, page 43;'records of said County, and those porticas of vacated streeta adjacent thwreto lying Northeasterly of a line described so follows: Beginning on the South ],ins of said Block 3 at the point of intersection of s line drawn parallel ►rich and. 275 Pact Northwestzr.V, wham measured at right angles, from the iZ Line of Primary State Slabuay No. 1, Pierce County Una to Jct. 9du Aw. 5-Aj thence Itorthsamtarly along said parallel line to a point opposite Hionmv Bhgicter's station LE 18r+wj.theme North 17'42' West ?AO feat to the terminus of this line description. EXCEPT the South 30 �.._..._ - feet thereof. the 1Wa being couvayed herein certain an zrea of 1.54 acres', more or lend, the specific i details concerning all of which are to be found within that certain map of definite loca- tion now of record and on file in the office of the Director of Hi`hways at 01 mpia, and bearing date of approval June 24, 1958, and the canter line of which is also shown of record in Volume 1 of &igWLy Plate, page 154, records of said County. i ALSO, the Grantors herein convey and warrant to the State of Washin4to11 all rights of ingress and agrees (including a]1 existing, future or potential ■ssmusnts of access, light, viou and sir) to, from and betvaen Primary State Blowsy No. 1, Pierce County Lima to Jet. 98H No. 5-A, and the remainder of said Block 3 and vacated streets. i It is expressly intended that these covenants, burdens and restrictions shall run with the land and @Sall rorevex bind the orsetors, their beirs, raecassorc or &@signs. I FEB rL m f ': sheets • J 1959 Parcels 2120. 2IMp 21230, 21232 and 21234 It is understood and agreed that the delivery of this deed is hereby tendered mtd that the Iernts and obtigatio" hereof shall !tot become binding upon the State of Washbigtolt'aniCBF frill until accepted and approved Itercon iu writing for the State of Washington, Ucparttrtcnt of ldirlllsur�I�r, by the Chief Right of Way Agent. 1'3 Dated this.....26th................ day of....A.ecfMbML• USQ.___. ,CAM 2 8 1959 Accepted and approved_.___ ......._..:_ ........................._ STATE OF WASHINGTON -••_._ ...._._ _._ _ _...._. DEPARTNIM OF HIGHWAYS By. _...............� _•.`�u�rW_..... _ . I rf Chlrf High&of Wnu Agcut. STATE OF WASHINGTON, SS. COUnty of......._ISi:aa I, the undersigned, a notary public in and for the State of Washington, hereby certify that on this _. 261h....._...day of __ flambar..120 persanalry appeared before me to me known to be the individual.it. described in and who executed the foregoing instrument, and ac- lenowredged that.tRhsl,Y..,._..signed and sealed the same as.. LMir.......free and voluntary act and deer!, for the uses and purposes therein mentioned. Given under my hand anti official seat the day and year last above written. Notary Nbtle In and for the State of Washington, Residing at. TaCOMAj,. 11<Y9biDgbOIl. 1 I� I c A z 4'► r,y FY O 1 I F E B 0 i959 a1 ts RECORDED VOL .._.............. . OF PAGE E he z II g AM �g�y R ....... _.... REQUEST OF 13x 4 1999 FE18 `q PM 1 48 RORERT A. MURRIS AUDITOR iiiNG COURT Y WASH. a - � ul - II � II —DEPUTY ra � �i • w X. t>� 8 y T i D May 7 46 - 3566428 .wpr 26 46 *1 arm bonerita 'to the Vowty of Ads 6;tata of 'Szh ,nato.�. .�yy � y 99 {+ " -' Of -',_,13 •I i n S'ty'[+OV -9'i a S i.11 l3 UC r DEk4 . B 'Sd .,45'1$ya��.v df,g�3e re 212at PVXn0f th0-9 30 .Lt of tAG V4 of the nwT of the nei ofaeo 34i tp -.2 Box 4 .ew v 17 sup 'Ih of 1-�' 'ailbe:ct gad io 774 as revised b- S e�' NO '�46•° 0f 130 �r•s-•eoorde 00P!tg 0*09 soresm3 .il LY L 3Ubiart .. h¢w lIgnt to Make neo zg�1 opes for cat- or fi i' s opontne abottl",gpta+' d. oz ea side of Ed Xmas. right cfWay �y 0 E Bake; mar-Aa :� Baker e rr 26 46 b- G D La'.lcar s;':,'7, . --�rol q Nl i7FikEti�r bt i �G mud ors v�. -a Wnresatam ct 2349) j� oo r: i s - - .- .- .. - -.T �T_ -. . _ .. - .. ... --. - -�- ram•_'': •-j'�` .".� -- D may, 7. ;6 356643C Thal' S�i�$7a:sehitxe Sohurr, . . to Qou�lty ax Ki-hs :Mate of ssh.i=t %i fp cy,Xxn- Tel--sa 428-.::hell 30 h of the nw4 of taws of •,T. 21 N.ii 4 eval ovate.= 91 anres t l -ri/W viastlake Ave ohai���t.Sahurr; osephixte kev Zeb 28 46 by V ohn Sohurr ern__t osephin Schu-is bf bal t6rm=►Llimi . do ao-ors li"deh 746 6. ,;3.46 41 az:d ?�ene#'it Flow rd vE Yatker endl%a Parker i a C-Da "'y of K4.q-- 9-tatd0f ivashlngtoa �'heB 3 i t ri ffeStlake aba 3nthelatof i •IW! V`taJ ray illf L7nvof lots j-4 and15;blk3, 1' i.6.14 and 15, bilk 4, -.;L6tI5.bIk 91 and I-6t le bl..,k,T�10 andad jot ji`n}gotre'ets iriad ,il.t Vw ites'vlak+e ;Vw 8 360 S V.. eifor --- r , 3566431 xiA'jt homard 4 Parker; r,'ae Parkex kcw -b'ebl3 46 by i-Lo-ward "2, arker aadirias Iarke- bf --ba form: - i Aa�.7 46 356S432 �a '46_ 41-a 3d belief Its i4$Iat ". r�et to �� t'o, a-milt-yof King 6ta6e of rias.-Img. ton fit' 'dd--428 abv-- he 8 30 ftof tiestlake &ve 3.n.'theplatof -za 1'acwA 0-entral add "B" Vac 1; infrontof' lot-1�., blk 9, and ad joininge'ts insdplay ;;' :estleke'' e S 36% st bal.form- Wes'tonTBetts kaw4an22 46 by qestona-3e'tts-•_baform-- +1+ T. A � 46 3566433 a y 46601}0.6.60irsa:;d ��s6.sIo --Return-Address,- Thowas 11. NcIsnn AIR an u I in - y LA 1420 Rib Avenuc. 33rd Floor iffilruMi Manxttw ScittleWishington 98101-23,90 STeYARtIITLX UT 34.40 ' DEED OF,rRUST, ASSIGNMENT OF RENUS AINDSECURITY AGREENIFNT STEWARTnTLE Grantor: Roberl J. Knuhsen, a married man as to his scliarate PM17erL% Rencriciarv: Mcrithan Imidem Ill, a W;ishmLaon guncral partnership Trustee: timirance ('ojnp-.tn% Tacoma. waslilligioll 9,S409 Legal Description: Portion of wcated I:asl* lacoina. Central Addition. Volumc'4. Pi,,,C 43-41r=Counly. Washington Additional legal clescriptidn on page Assessor's Prol)er(,. Tax Par'Cel Account Numbers: 219260-0290-00 21920-09n-W • WHEN RECORDED RETURN TO: 1-120 Fifth Avenue. 33rd Floor Seattle, 11'ashinglon 98101-2390 Alto Thomas I1. Nelson DEED OF TR( ST, ASS1(;NM N-r OF RENTS AND SECUR1 TV A(:RF.E.%iE!%T . I Ells I)1•E!] OI= I It[�SE [hereiiT "fnwtrumr»t") is made lhi: Itil da) T+1'August: i79+►_ inl:l09 (imnt+rr. R0141•RI J. KWISI-N. a married than as his Separate pml+cm. %itl+se addrexS Ir !'.{}. B&IN _596. Milton. 11'ashiltgton +)8354 ("liornmer"): ('Ifi('A(iU 17fLf INSI'E AN(T COMPANY. ,aho+c address is 2601 South 35th Street. I'acrnnu. WA 98409 thl rein "Inlstec"v. and the 13ein )iciar■. I►IEREDIAN I.I:NI)I:RS Ill. a Washington gencral . partnership. %, hmv addrrss is c n N.A Pmlxnics. 752; S.E. 24111 51w, Suite 31?, \Icrecr ' blind, WA 98(MG ("I ender). 1•or PtinxTKes of Article T) of the I WIlTrm Commercial Code (1t('N% (12.19), thin Itlstrltm011 Clliis(itu(es a Securit► Agreement and Financing Stalcment meth the Bomi%wr hems the Del:tl+r and the I.e»der heing the Secured fart►. 111is Instrument +Mall dlso Constitute a Iinancing Statement tiled as a lixturL filing pursuant to Article 9 of the l'n11orn 0-m mercial Code IR(11' 62A.9-402(G)). Parts of the 11ropert) (drained hclo%%) are o+ are to become lixture.% on the Pren»sa Idclined belan) nr Improtements (defined heloa ) In consideration of the indeb(edness described helow. Bommur licrch% u-re.ocalih (Ilt.\\ IN. I RANSFI•RS. CONVIhFS and ASSIGNS to I rustec. IN I RI'S 1.11'1 I'll PO11'1'R ( )I SALF. ill of Borrm+ees pre%ent and fin(ure es(ate, right. title. claim. and interest. either m �y 1 19990818091342 PAGE 002 0r 019 00.18 1999 1:; W F I[K C"T.. W STEUART TITLE or 34 00 r la►% or in equity, in and to that certain real prnperty located in King County, Stag of Washington, so- more particularly described on I?.shibit "A" attached hereto and mach part hereof(the "Premises"). I'0 i1:1'111:R wl I if all of i3om)v6cr's existing: and future right. title and interest in and t(j all options and rights of refusal to purchase. lease. sublease. extend or rcnc►► any leave or sublease of, or to otherMse acquire. any interest in or to all or an) part of the PreniikL--; id Tci extend. renc►► or exercise any of said options. and any greater estate in the Premises no►s and hereafter acquired by Borrower: and TOGEn II:R WIT11 all of liot[re1►4crs cxisfinb and future right. title and interest in and to all property attached to. located oa or about. adiing put nL related to. or used or adapted for use or intended to be used in conrucilon ►yiLit the Premises. including t%ithou I limitation: i p (a) All casenictiLs. a�ccss. air and de►clopment rights. minerals and ail. gas and other lndrncarbon substances. royalties. ►►aicr. ►►titer rights and ►►ater stock. and all other righlN. hereJaamcnts. pri►ileges. perms;. licenses. franc! iscr• and appurtenances non► or hereafter belonging or in any. ►say appertaining to the 1'rcrttius- (h) All buildings: stnictures and inrpnncmcniti m- or hereafter located on the Premises (tile "I111pro16enicntti'1: (c) All li, lurch and u[tieles of pro(,cr• neon or hereafter attached To. or used or adapted for use in the o►ynembip. de►e(apmenl, stperation or maintenance of the Premises or Irrpn►►emcnts (►►hctlicr such items arc k,;tsed. tra-md, or suhiect to any title -retaining or Nccurin Inslrmnent►, Including ■►ithoid iintilation all heating. curilinp, air-conditioning. ►entli ling. refngcrating, plumbing, generating. pomer, lighting, laundry. matntename. ••iricmerjtiug, lifting. cleaning, fire prc►enlion anJ ^xtinguishing. security and access t1►ntml. conking. gas. clecirle and Communication fialures, ctluipotellt and apparatus: all cusilm, motor,, conduits. pipe.. punip,;. tanks. duels. compres,wrs. boilers. ►►utcr heaters and (itrnacca: all range~. slcs►cs. dispowrs. rLfrigcrator% and other appliances: Al eseal.s(ors and elc%ators. hash+, sinks, c.ihinete partition., niantcls. built-in mirrors. ►►iitdim shades. blinds. %Lreem. so►siisiCs. shuns doors. ►oinSl+►►s ,rid kisli; all carpeting. undcrpadding. Ilmr ro►cring. panclliug..vid draperies. ,ill lilrnisllings ill public space%. hall, and lobbies:.► id all shruhhcry e .01d llhillls %It such ricnis tiliall he dLwined purl of the llrvinises and not se►erable ►►[it'll) or u! pars %%ithou t matcrial injury to the rrechold. (d) :111 nl' the rrn[s. rC►ctiucs. issues. profits and income of the Premises and inipru►Lntcnts ("ReitLs"Land all present anti future ]cases. subleases and other agreements for the occulsancy or use of all or any part of tin Premises or improvements and all renewals. @ eateisinnh and rcplacemetta thereof ("Leases'1. including ►►ithout limitation all cash or scLunl► deposits. ad►ance rentals and deposes or payment~ of similar nature. and all 19998818001342 PAGE be; 9r ai4 a 18.Im 13 to STEMQT TITLE Or 354 98 guarantees of tenants' or occupants' performance under such leases and agreements. all subject. ho:tet•cr. to the provisions of Scction 13, (e) All tangible personal proper(} ("Personal used or useful in connection with the mtnership. dewinpment. operation or maintenance of the Premises or the - — _ Inlprotcmcnts• including without limitation all furniture, lilrnlshings. cyuipnlctyt. and supplies: (1) All intangible personal property used in connection with or related in an% way to the ownership. devclopmenl. operation or maintenance of the Premises. Imprmentents. or Personal Property, including %�iihout limitation. all pennits. licenses and frnchises. the cxelusi%c right to use of any trade names. all contract rights (including without lintitatinn archilectur-al. engineering. consulting, and mtmagentcnt contracts). all accounts. accounts rceekahle. escrtm accounts. reserves and reserve accounts. insurance policies. deposits. instruments. chattel paper. document, of title. gerxral inGtnrihles, and business honks ant{ records. and all claims and cause. of action related in any way to the Premises. lmprntcrml n(s or Personal Property including righ(s and claims under any insurance policy. (lit All materials. supplies. and other goods. wherever located. whether in the posscsaion of Borrower. warehousemen, hailees, or ant other person. purchased for use in or related in any nay to any construction or remodelling or furnishing of the Impro%entents. together with all document%. conlract rights. and general intangibles relating there((,: (h► .%II site p lam. plats. architectural plans. specifications. working drmtings. sorry,. engineering reports. test borings, market sunc%s. and other %%ork products relating to the llrcnrfses (,r Improtenlcn(>. (i) Ali% contracts for or in connection with any construction tin or %ereices to bu perflornted in connection with- the Premises or am hmprotcnlents, together with all performance. payment, completion or other surct% bonds issued in connection with or related to such convicts. insofar its the same may he transferred by Borrower without breach of any .ugh bond. antl (l) All additions Io. replacements of suhstitulions fill, products of. proceeds and all proceeds of such procLcds (including but tint liiniicd in Bonds, accounts. general nrlangilTlcs• chattel paper, dk1l;unlcnts. instruments. ntonet sod the pr m.�•ds lhcrcol) of anti of the lliregamc item. and all rights to encumber any of the foregoing for debt. All of the foregoing are herein rcferred to a., the "Property:' F 10 SlC•lRI• fU IENDEZ tat the payment of the sum of •two Amnion Ilirce Hundred Fill. -Fight Thousand i our hundred Setenty flight and 111 IOU Dollars i ?- I J9990818001342 PAGE M4 OF 813 as 18.19" 13 to klhG C"TY WA STELLWT TITLE OT 34 80 y I-N - v I , (s,2.3+8.478-39). with interest thereon. and such additional amounts according to the loots and Prm tsionti of a PTO mi "wrn tote dated I)ecemhcr 6. 19%. as restal -d h}• the Amt.'+tduf l'nrmisst,ry I (tte cllccti►c August I. 199n (lhe "'date"). made by Borrower and pmahie U, Lender, including any and all madificutions. cx[e»_tiinns. tens+►als and restatentcnts artd replacements thereof. (h) the payment ofallcrthcrsums, witlr inti; t I ermn. adVas•ttxd antler the lcKmx_nf this instrument or the Now. or an} and all modirications, extensions. renctt:als. restaterne s. and n'i lacements: lierenf or o the Nnie: and fe] lhi: ncrfiimtaiic� t,f the — agreements and warranties of Borrower contained in this Instrument or incorporated herein by reference. Rornmer agrees and co►cnantx as follot►s: I. paN'mcnt of [)hlieatianh. Nirra«cr shall promptly pay «hen due all stem f�- secured by this Instnttrtent. and s1tuN offiemise tinsel\ perform all ores Obligations under this Instnmrcnt. '_ LL'arranL► . of i iltc. Borro%%cr cotenants and agrees that: U1.13orro►►cr is lrn►fully rri14•d or the esErttt herchy con►c�yed and has fill right and Po++er to grant. conkL and ak.ign the property. I'tt}rite- Prnl,erfy is free lions urns. encumhrancec. e.rcptiem:, and other chargt_w of ant Lind uh stsoceer. ezerpt for the perm stied excepOinw i"PcMitted I.icnti"I IislcJ Isill it "li." [[V) no outer liens of encumbrances. lahether superior tw ittfcrior to this In:tnnuent. %%ill Ix created or sullered it, he created lhy 13orro►wr Mthtmt tine prit>r ►.rittcn •;Onsent ar 1 ender. (t►) no dcf udl tm the purl orliorrnu-tr t+ran} other pcnvn c%isiti under any i,l'Ihc Pcnnrued I ICnS and na ceent has occurred tahich after m,t'rcc or Passuge c+flimc ter hrntl uould constitute a del iult. L+ l all Of the ptmlincil liens are in full force and rtlect and in goml standing. urlhtml modilicaliOn. I%i1 I3Orrui+cr shall rully ct,rtpl►• with rill tlic tenns of the Pernutied l.tcns. anti l,ii) 13ornu►cr shall I't.re► cr warrant anj defend tilt Propt:rly unto I.cnd'r again+s all efaints and demands of any other person uhatsnever. subject Quit to non-dclinyucilL tees and a ows.s u:nl. and the Permitted Liens. iis,rrr+,+cr .hall mahc farnta cui. -trn due. directly to the I+rol,er payce. of all t►dtcr. 4e,►rr..uld other IILII!t% t:hargc•. and All rcnl., La"c...i�•tw•nlcnt. and Prt:nttutn• attributable its tlsr PI0jWrly., H(Irtttucr ~hall prontptl+ dluhdrgc an} lien +►hick I. In,I .t Pcrmilied I ten. and iinrn-met .11,11E i,,n, ►►hcu due. iIu chtints a,i'ul1 lxrsnnti supplying. labor or materials It, or 'it eunnectu,n ► Ilh the Property- 4 insurance. iiorrower shall keep all Impro+cments arid all pt•,xanttl Pr($Pcrty insured In carrier, at all lilltt:s SItlsr4ctM to lxnder against loss by 6 e And other itacards ni.trretl agantst under a "Special peril~' Policy. rc,tt loss. and such other hazards. casualties. llah1IiHc+and cowinguriciG+ ali I.Older shall regUirc. and in.ucIt amounts and for siich periaS a• I ender shall require. All premiums on insurance poliries shall he paid by making payrnok. when due. directly Lo the carrier. Ali insurance policies and rerte►►als shall he in a fnrin r _ -•I- �.w:•,� mra,u, --PI 19990e 18001342 ppa W. or 019, 09 mrs,n v. i r `one srC�ap 1' ]'ir4E p7 S� 00 r 0 . 11 M acceptable to Lcndcr and shall include a standard nmrtgagce's clause in fanr of and in lb n satisfactory to Lender. All required policies will provide for at (cast thirty (30) days written sinner to Lender prior to the effective dale of any cancellation or material change. which includes sin reduction in the scope or limits of coverage. Borrower shall furnish to Lender copies of all policies. renewal notices, and receipts for paid premiums. All such policies shall _. la to It+.0 ►able to e Lndcr ll:c aninunt collected under any insurance policy ntay he applied ter..._. -1'n _. _ . -.. _ on anti iudebicYlncss hereby secured in such- ordt:r :is Ccfid"cr -Shalf d"cicrniinc: tiut:h-- application by Lender shall not cause discontinuance of any proceedings to florcelo.se this instrument. in the event of foreclosure. all rights of Borroner ill insurance policies then in force shall pass Al the purchaser at the foreclosure sale. i. • Preaerali011 and Maintenance of l'ro crlt.• Burrm%cr (1)sltall not ;umnlil ",isle or permit intpaimrent or deterioration of the llroperty. 00 shall not abandon the t Property. (iV) shall restore or repair promptly and in good and norkmanlikc manner all or an} part of the Property to the equivalent of its original condition. or such other condition as Lender may approve in nriting, in the event of am damage. injury or loss thereto, n hether or not insurance proceeds arc available to voter in whole or in part the costs ol'such restoration or repair. (iv) shall keep the Properly. i-tcluding Improvements and Personal llroperly. in good repair and shall replace fixtures, equipment. machinery. and appliances on the Premises «lien necessary Io keep such items in good repair. (VI shall comply ttith all laws, ordinances. regulations. and requirements of any goternnrcniad body applicable to the Property. and pay all fees in connection therewith and (ti) shall give notice in nriting to Lender ol'and. unless othen%6c directed in suiting by I ender. appear in and defend any action or proc•ceding purporting to affect the 11rope:rty. the scettrity of this Instrument or the rights or potters ;if 1 ender Neither Horrtmer nor ant tenant or other person shall remotes demolish or alter am imprmcnlcnt nna c,.isting or herealicr tirccteel on the Pl-cmiscs n1 any rmure. equipment. ntachiner%. or appliance in or on the Premltics ttithoul Lcndcl's prior %witten conwilt. G, use to i'supgiLt . ,I'Iticas I ender has otltcrnise agreed in nriting. liorrv%icr shall not allot cnanges in the use for which all c1r any part of the Property pas intended at the time this htstrtiniew ttas eseculed. Borroner shall not initiate or acqulescc in any Chan;," ur the corm classillexion of the Preiniscs V%1lh0ul Lenders prior %eaten consenl Without 1 enders l+nor miller consent. Borroner shall not 01 seek any tariance under emsong inning ordinances applicable to the Properh or use or pernut the use tit' the Property in a matutcr tthteh mould result tit such use lveoming a nonconforming use under applicable coning otdinances, (ii) modify. amend orsunplement any casement. rescnation, restriction. cotenant. condition, or encumbrance pertaining to llte Property. (1 \') impose or consent to any rests ictil e cotenant or encumbrance upon the Proper-}. cXecute or file tiny subd.tiston or parcel map al'lecung the Propet-t. or consent lit the Anne wLit+ll of the Propem to any municipaht. or t 1% 1 permit o1 sullir the Properly to he used by the public or any person in such a manner as Wright make pmstble a claim al' ad%crsc use or possession or of implied dedication or _ ca�cmenl 19990818001342 PAGE ties OF 01? OB t8 19" 13 10 RG MWI, JP STCUART THE 11T 34 oe M 7. 3?rotntion al I.endges SMUMIN, 1wrov cr shall gi►c notice st, i.ender of and shall appear in and defend ail)' aclion or procce ding 11tat nlar a(Tcct the pn,perty. the interests of I.cndcr or 1 mtlstee therein, or the rights or Ten, of Lender or'rrustee Under the Note and this lnstrunwill. If an) such action or proccedhig is commenced. or l3orro►tcr fails to perrL,ml an) obligation under the Mate and this Instrument. Lunde:r or Truslee may. at their option. mril:e arm► appcararsce dishunr'an}'sums—make and -entries - upon •the Prnpert.)-.and,take am-- -- nctiL,ns :v may he ncdilhu} or LICSilalilc to (il protuct err cnlbrce the sttcurilti of this In-eimmenA. tic? rented) 13orrn►►►:rs failure to pe;rii=nn its nhligiltioni under tile Note and this hytitrament i►►ithout Amiving such dcGtult h) F31,rro►%crl. (IV �c:terL i�c ul' atif option c rent u or extend the Lcatic on behalf of E3nrm►►cr and tin curing Oro m de fault of iinrn+►►rr in the terms or and conditions of the I.ease. Air li► 11 olhcr%isc proicct Lenders nt- TruMe es interests. Nlrru►►cr shail pa} all lasses. damaEss. Ices. cost%. and c%jwlIY % incurred by Lender and rY� 1'rustce in taking such acttcros, including ►sitllrlut limitation reueonable Icga1 rccr•. An% amoants disb.lncd h) Lender pursuant to this numherud paragraph. ► ith inlercet there%,,, at the i}efauh Rate under the Note frmn the date of dNbursenicnl b) Lender. shall beconic additis+nxl indubl ulncss of 13nrtt,►►er secured ltg this Instnmicnt and shall he due On dcm wind by 1 ender. I3ormLt er hcrcb) covenatus and agrees that I.cn.lcr %hall he suhrogated tv the lien nr any mortgage t+r other lien discharged. in ►+hole or in part- by the ildduional indchicdnct.s. NvIlling contained in this numbered paragraph shall require i ender to incur an► e\prnec or nll.c an) action X. Ins ccti ?n. 1. ender ma. make or cause to he made reasonable entnel. upon and 111%pectiolri of till` i°rennties and other YroperIN- A3 Roe=}.. lipL! Records. l3orro%ker shall Uer and maintain at all times at lie+rml=►►ere addre- -.,et f+,rth abin or Such other place as lender ma►' a1+pm►r in ►►rillttg. I:t=tnpie (e and accurate 1-okli oraccnunt, 'umd records adeLlitate to reflect come 11% the results t+f the uperntion of the PANICri) end cnpiLw tf n11-k%el'let' contracts. kilsea and other ul:trtlsnrnts ,►h'stim atliwl lite Pr► Bert►. Such hoioLS. t'eeord,. ctmtracl+. leareti and other Inmranlrlit %N11,111 lie sulilcet to c�amillation and ill+pccLinn at an) AL;tksnahle tune k% [ ender. 7 ' Imm ('emdrmn,t�gm Borrower shall prornptlh HOW. lender of am action tie lsniCtwdlng relating to fills conjemllatle�ri or L,liter taking. ►►hcther direct Air indire7Cr. of tIle Pet Nil). Air part theticor. and llorra►►cr MUM appear in and prosecute tut\ such action ur pruccedmg unlews othen►iu directed h► Lender in writing_ Uomi►ser authorises !.ender. at I.ender, of=tiL+n. rJa atts=toe) in -lief ii+r lit+rro+►er !n mmntcncc. appear in and prosecute. in Lender', or Ilorrov cis nu:llc. alto aclion or pnic"A'.ng relating it allcondemnation or other taking ofthe i+ropert). LLhetlu:r direct or indirect. and to settle nr cnmpromise an} elaun in iF cortncrnull 16\ .ut:h condcaluation Air other tai.utg. '!lie proceeds orau) at►ard. pa}ment ++r claim for damages. duect or conxrLILlenital. in comicctinn ►►ith an) condenutation or other 19990818001342 POGE 9117 0% gl- ee KI,lc i sljmy, tUA ;1tW.RY TITLE PT "+ BB ' P M WA: ■ taking. wittthcr director indirect. or the I'roperty, or part thereof: or for cunwy-ancc in lieu of condemnation. are hereby assigned to and shall he paid to i.ender. 1)_ ) rarrsrers of 1119 prnnrrtr. Borrower shall not tmrslcr all or an} part or or tut% InterLat in the Property. Me term "1'r infer" a_+ used herein means (i) am sale. assignment. encurtthrancc. pledge. hypollwcation. or tut! other transfer or dispna-i(ii)u of all or an} pan or _._ t)ir I'ri,�ni: fr arWintereyt'm'anr part ►tt'thc Pniperl►%, •ii) an_"grCcmcnl.-h% Borrc��►tr. to mdl.�___ sign. elie umher. pledge, h)-po hecate. or othen►isc transfer or diapoac of all nr an} l,.tn athe Proper!. or un► interest iit any part t+f Olt: propertti. or 41V art! change to tal the awncrshlp or control nr any of 130rrtl%%CeS strnk i rI3urm►►cr is a corporation. N the onnership or call In'] ,rang gencrul panncrshig ialcrest in Bummer irBorrmwr is ti pal lnersltip. (c) the own crship or can irk, l orany beneficial interests iit Borrower if Borrower is not tithe mise a nawral Perm or persons..snd Id) the etwner�hip or Control ormn stock. am general parmer,hil+ interest. (IF am other hweRciai inlerc-t ill an} cor,oration. partnership t+r othm entil} that has an o►►nersh+p interest in I3ommcr. Any yuLh action withou!•E ertdcr's prior written coltsent .rhull lit, deemed to increase the risk of I endm and shall constiutte an I -vent ill' Default. Lender rim. in its sole discretion. cormlit to am such action suhaecl to such terms and conditit,ns tis Lender ma-, rcgliirc. including without limitation paynicnl of a •rcc b;,sc:l on the principal bailance ill' the Note, increase in tIle interest rate. itler'M4 in the a„tount of required installments. and change in maluriq date urthe Note. liorrower will ntit lease. sublease or permit ant other person it, use an} portion ol'the I'ropert\ except wllh the poor written consent of Lender 1' I lai irciatt;_ StINSWItec}. tat Itr reti�{aatinns ancf 1Carranttes Borrower repre:<enta Mid ►►arr. is, i ender. In the heat tit' it% knowledge alter due anti diligent inyuin arid inspecti{rn. that (i)no e>bemos has ct er been utied in'the construction. repair or maintenance'or art} hnpmccatcnt:: (ill no i liv.0 LlouS Substapee is currently hein� generated. prnct sscd. %tt,red. trrnsTmirtcd. handled or klisl%ed (i['. on. ur,di•r or in the Property. mucpt in accordance with all applicable htw�. tl1'1 neWier learn"►er ru,r .un tither person or civil[% Im% ncr caust.Yi or permitted an► I Lv trdoua Soh+lance to he gencrated. procc:.std. stored. transptirt{rd, hundlL�d or disposed t+f. on. under or in the Property, except in coinpliance m ilh all applicable ]aws. li►-) there Is na actual ut ,IileLed ►iolatiun with respect tti ilte prtll%My of at% rrdcral. state nr local swtull_ ardrnance. rile. regal ition or other law pertaining to I l.uardow. Sub.+tancuti_ and (► ) there is no ill'tltill or pre+eccLliltg pcn{ling bcliire tie ap)tealahle from an% court. quasi-judicial hod} or ado utianati►c agcncy relating to !laiardaua yu?,atanccs td3ieting nr ullcged if, be affecting illc I'rt+perly 1999es ISO@1342 PAGE 009 G< Ill? as. is 149T{Z W r.I"G M'14 STEIr�T TITLE al' i.90 'n i 0 (b) Lmenant. Borro cr covenants and aemcs that Ilaiardous Substances ►►ill not be gc eratcd. piocc:Lscd. stored. transported. handled or disposed art, n the l'rnperty by any person or entity. except in accordance ►s-i th all applicable la►%s. (c] I}afrnition. "lWardous Substance" means petroleum. petroleum producl, natural or L symlicllc gas. asbt: ws. urea formaldehyde. radon gw.. polychlorinated biplicn►rls.'atiif .illy su-Nitahces rir nia(lriai ►.'hiclt'may }lc harardtous to talc hcal(h nr safety of _..._ _-- . an► rerst+n. including any suhsiance +►Mich nm► or hercarter becoino regulated under any federal. slate or local statute. ordinance. rule. regulation nl other la►► relating to civ iromncnial protection. contamination or cleanup. 13. Renss. -" furdicr securil) for the obligations dvscribed'abotc. Horrnacr hereby assigns to 1.ertder the lteniti and i.eascs n['the 1'rnpert}. provided that Btirro►►Vr shall. ,j prior tat the uceurrcnec t>I' an I'wal of IMauil hcreundcr. lt.s►•e (he right In catiliccl and retain l such Run, ils the► become due said ra}'tthlc. ['rnn the nC+ utrcrK c ofnn I►'cot oft !'auft. ._ Lender. in pciwn. by agt_'ttl. t,r b► judiciully ulry,vinteq recei►cr. ~hall be entitled 'it enter ur011- tale Tkisscmion of and I11011494: dtc Itroperly and Ev collect the: ,Lilts or the i'rt,per(y. tneltidmg thotc past doe. All rents collected ITy Lender or the recci►er shall he applied first :u the pavinca ttf the costs ormailo ement of the Propert% reasonable couccatin or rents hicludin=. but not IinTite�d t+T, reccircra fees. premiums on ncci►crS bonds and �tinnable attnrile%'s Ices and then lu the obligations secured by this imirtlntent. Lender and the rcceiur shall he liable to � account only lior thus+• rents actually rccei%cd. llrthou( (ender-. prior ►►ritten consent. Borrower shill nut (11 collect or accept p )nient tot' am Items morn Ihan tine 11) month prior l,5 the duc dates them -of (ii) shall not c�Lrute.nu+dify. wrrentier orler[niaale any I c.t.%e prVNiiding lira tt'mi Iincludifig oily rcLwwal 1crmisll elf 9Inc 1 I 1 !car or more. and I Iv) strap not In ate► nun ner ~trio. Jt .charge. rclr.L�-c or tntod11 the obligatmns of any tenant or ntller recupant.t'f the Property under any Lease All ccdi 1 cases ►►i{I specifically pro%idu that the tenant attoniN ter any pcntm tact ne to(hL intcrL%t of Rorw%%cr upon any roreclusurc orthis lnstnmient or con►ctance in lieu thereof 14 I)e,f_tult: Acceler,in 1n; Remedies If liortimei fail to nla(`e dll% r:1}mcnl tegtLired under the Nate. this Instrument. or am r lalnl d,><umentt and in.truutcnte and any and all nunlilicattnns cmellm ins, rcnck%j6. restutOMOUS and rl:plttce meals Ihcrruf ur lilils In rerli:rnt any other caunwit, agrL*Latent ar t,bligctitsn under this Instrument or an► related documents and instruments and atty and all modifications cstcllsions. mnc~c lS- restatemcn(s ,rod replacements eleven+r. such failure shall cuns(ittac.ui hunt or Default hcreuadcr. Vpon the occturencc of an F%cllt or Default. Lender. at Lenders oplion. may det:lare all µf the Solna •ccurcd by the• Instrument it, to imnlcdiatel► due and ptlyahle ►►•Ithout further denland. After Laing Nvrtwxr notice of ,m 1►cnt of IkIauIt in the manner prescribed by applicable last. I cndcr ntay intuit the pu►►cr of sale and any oilier w-inedies pcninued by applicable Ivor or lv-1deJ herein. l;orri"Wr at•kno►►ledge4 tltuL the pooh or sale granted by this hrShvnlent -S- t 19998sIS001362 F06E W OF 019 Ic te IJNG i"T1UA Sio"I TITLE OT 74 90 r r RM J J 0 may he ewrcistsd by i.cnder ►tithout prior judicial hearing. IIorrower has tic right to hring an achon to assert the nonexistence of at breach or amp other ddlense of Iiorrn►cer to acceleraiion and sale. Lender shall be entitled to collect all costs and expenses incurred in pursuing such remedies. including. but not limited to. atiomeye Ices and costs of dncumcntan evidence. gbstrlcls and title reports. __. .. if Cooler tntbkcs ihc-jti'+ucr ol'salc; I cridi:r shall««• giriticti ni;t'icc l7i I'rittee-cil illy-- - Occurrence of a F.vent al' Del'ault and of I enders election to cause the I'rnperlN to he w1d. 1'rustce and Lender shal I give such notices as the applicable laws ma} require to IiDrnmer and to such other persons -rs the applicable IaKs prescribe. and after the lapis of such tiInc as mait be required bit- applicable ldti►. 1 rustec shall sell the. property according to the applicabie ltmk I rustic ma► sell the Propertit• at the timc and place and under tic terms designated in the notiLx. ►tf sale in one or more parcels and in such order as Trustee ttra} determine. 1'ru,tty ma} pos'ponc sole orali tiram parcel of the I'rolwrt fora Nriud tsr periods not excecdtng the perjtlds peumined hit applicable law b} taking the ictirnts Prtscrihcd by applicable law. 1 ender or Lenders detiignee nim purchase the Propert► at all% sale. 1 rusice shall deliver to the purchaser at irustec's deed conveying the Propert% so sold without an) cnvenunl or %kll",IIt■. ctiprt:ssai ar Implied. I'llc n:cilals iu the I:nvaLe"', deed --hall be prima facie e► idcncc of [lie truth urthc elatentents made therein. I mister shall apply Ihe•pnxecd. of the sale in the tiditming order: tsar all costs anti C%penws of the ~silt. including but not Iimited to. i ruuce . and atigwnc,yti fixr, -.told rust~ of title evidence. I b I to a[I ARM seeurcd by this in-irtmicnt in such nrdcr as I ender. in 1 ender's "le dlscrehon. dineis: and (c) the excess. if am. shall be distributed to the persons entitled ihcrclo. 15. Reromc■ince. t'ptiu pin tneol sTran sums secured IT this Instrumunt. I t lister dull requot I rusicc in recom e► Ilie Pmpcm and ,.It al l surrender ibis Instrtln`10It and nil notes inidencing indchicdwo; sccurL l h} tins Instrument to Trustee. '['ruitec :hall rel:nntt} Elie. PriT)krty wltlutnt ►k rmt! to llte perms or persons tmallt entitled lher+tn. tteh persnu or petsun, Mw11 pa} I rumee<rcasnnahle costs inctimd at so rvcon►•cj ing the 11rnTwrI% IA Substlltue Inmee. In acenrdance with applicable law. I ender mat form time to time a;t;uliltt a %ucicssor I ruelec to any I'nlvtcc ;1lstxluttcd hcrrunder ►►htl'has ccakd to net W,thout runic}antic of the i'rnpert. the succe,,wi- 1'ntatec shall sttc"vd to all the title-%. I-amc1 and duties conferred upon the 'i I u.tee helcin and by applicable law. 1; Remedies Cunlulali%,C. Each remedy prmided in this Instrument is distinct and c.nnttlali►e to all other rights or remedies under this Instrument or afforded by law or equity. ,ntd tna} ile e►crciwd ctllizurreotl�. 'sntleliendent1%. lu,tttressi►el}. in ant order ■.hstsoC%cr. I lit pn►tct of sale elsnrerreti by this Im truntcnt and h} the Deed of Tntst Act of the ante of NVishiugh+n k not all etclUiJ1Iercmcd!. Lender nta► cause this Inshutncnt to he foreclosed as a mortgage. 19990818001342 PACE 910 OF e19 as to 1999 Is to owl N1NL CWITt W STEWART TITLE DT 34 W M 18. fiorroterr and Licit Not Rckmd. From lime to dine. Lander ma}. at Lenders option. withom gi.ing notice to or obtaining the consent of Horro%%vr. Borrowers successors or assigns or of any other licnholdcr or guarantors. utithout liability on !.cokes part. and rl(m%ithstanding Romi,%es breach of any covenant AT agreement of Borrower in this Ens(runicnl. e%[end site time fix payntcnt tan) indcbtednc&,; secured hr this instrument nran% pay stores+I reduce the pmtneltis lhcrsrun, relea a unrtxir Erahlt an nog of said incichleelneke, niodih the semi. and tine of payment of said indcbtcdness. release from [Ise± licit of this instrun14tit any pan nrtlie Nape rq. take or rcicax other or addiiional security. me,otn c► any part or the Property. consent to any map or plan of the Property. con%cnt la tale granting of any idsettnnt. join ill uny extettston or sultordination ugnunent. and qr= in writing +eith Borrower to modifv the role of intercii or period of entortiration. An} actions lakcn by Lender pursuant to the terms of this nunihcred paragraph shall not alTect the obligation of lionxim•r or lioam"er's successors or dssiUm; [o pa} the %unt..secured by [his Instr anent and to ohsrnr the elncnanls of Bonoucr contained herein. shall not alkCt the gualatIN of.ui% ,peryon. corporation. partnership. or other cn[i[} for pa}nicnt of the indebtedness %ixti d hcrckk. and shill not uflact'the lien or priority of lien her.til' on the Propart►. I orniKcr shall pay Lender a reaonahlc wrriee charge. together ttith such title insurance prentiums and attorney! fees as may be incurred at I enders option liar any such actkin if taken at Burrosters r.quest. I't. [_mhcarancf M_ l eigder \' +t ?I ► girgr. Any forbearance be I end%-r in c' cr J%i ng dirk right or t timed% hereunder. or othcnti isr air irded by applicahlr Euu. Shull not Itc d %%.threrr ol• or procluslc the cxcrt:isc ul"any right or'rcmetly. Me acceptance by Le rider of pay ment of an% suns sccurcd by this litstntment a16Y the due date of such pay ment shall m+l K- a udi►er ol• I enders rile€tl w citiicr Ntluire pnimpt pdyIll all l ►elten slue of .dl odic Sarno ,n xcured Air to det:[arc a dc[,tul[ ror [at Ium, to make prompt t*►men i. the Intx:urement of utstirance of Ilse pay mcktt of tuxes. rent.~ or other liens or clturgrs by €.cndcr -.IWI not l e a %Samar of [.ender'.., right 11) accelerate the ma[tirity of Ilia inslcbtedn"% %ccurCd by lhi:. Inslrtimem. nor "hall 1 coders reecipl ofani. "+sands. piocceds or damages a-. pnnided in this Inslrumcni operate to cute or %%aisc fiorroUers default in payment of sunis secured by this In%irument _li No [}1 %et [inrn oar's obligation to tinsel) pay and perform all obligations under the ?tote and tiii% Instnkwent slid(€ he absulule mid uncundiliunal and shall not he al'lected by any dent or circumstance including. «ithout limitation. any setoff. counterclaim. ahatemem. stispciisism_ rccoupnWtlt. deduction. def•.n>e or any other right that Borm+err or an+ guarantor Ilia% have or claim against I cndcr or ain nthei person,or entity. 111c 1111'q +ing .hall not consntulc it aui%cr of any claim or demand Wuch Borrotser or any guarantor may hate in damages or othcrs+ix against I cndcr or an} other person or amity, prodded that lionemershdll maintain a separate aelitm thcrom. - k 19990818081342 PAGE oil or 919 W, )QCOUNT, UA STELMT Tt7LC Q7 34 9e i i s 3 .. aTrax ' 0 21 kindiBcatinns and lt'ai►rn. i-his histrdment cannot he w-aivcd. changed. diu:hatecd or lcrnivatcd orall}. but onto by an instrument in t►riiingt signed by the party against ►►hom enf'nn ement elf an}' ►►aner. change. discharge or ternii nation is -Alug! t. 22. Nntice. Notices under this Instrument shall he in writing and shall he sent as registered or ecrtiricd mail. postage prepaid. dirccts.I it, such pats► :It ilic Lddrv& noted aho►e. - ..._.. _...-- — the — ' nr suelt or addre3m tss ilic•(iciq niG► (nilidatc h% ►tTiticn ririliU'tit"lhtr►lht:r fur%ttitrtl lip t us— -_ %ce:lion. Such notice~ shall he dcemed ellccti►•e tsn [lie earlier orta] the actual date of dcli►cr► of the notice W the address of the pan%. and not a named person. ati a%idenced M tlu certified or registered mail return receipt, or (h) the third husiness day after the date of mailing. 21. t tnifatrm na)nicrc1aI Coale Security Agrecmcit:. rhis Instrument is intcuded to be -a securely agreement pursuant to the IlnifnTin Commerciat Code for any or the item~ spccilicd uho►c a% part of the I'mpem Which. tinder upplicaitle law. tna► he suklLel eta a ,ccurikv interest pursuanl 1%) the ttniforin Commercial C'odc. and fiommer hcrch% grants Lendcr a %ecurity interest in said itcnn. An►• reproduction or this instrument t+r of any tither sccurit► agreement or financing slilcmcnl +hall he 'sufficient as a fstrtncing xtatetncnt. 1lormncr. Crum time to time. shall cNecu%. acknir►►•Ecdgc and del itcr to Lender uptln request. and hereh} irrrroeahl} appoints Lender its Aluntcy-in-last to execute. acknow•ledgc, deli► r and it' appropriate file and reword, 51uelt secttfrtt agrccrtmnLy, ttssigtnncittx fur-Axuriq purpo,cs. assigninval% ithw1ulc. financing :l %tcmcms. alrkta► Lt . ccrlllcate► and usher dcrcunu ntti, on loon and Huh%tanrc kntislaclun to I entler. a: I ender rent; request in t+rJrr it, pe.lcet. pmNer+r. continuo-,, c.\Icad or nt.•tintain the assignments hi:rciin ettntailILki. ilte lien and secttriri interest tinder this Instrumem. and the pnority thereof Horrrn►er :shall pity to t.+:ttder upon request thcreror all casts and crpmsc% incurred in connection ►►ill, the preparation. c►rcution. recanting and filing of ati} such docum.nt, and such s%Itits shall hear i»tcr-1 front the Bats e+f res(uc%l a! the Iiefaull Rt a under [lit: Nil te. Wilitnul the prior � ritten consent or 1 colder. 1lntrower shall tlot create iirwffcr In he creawd pursuant ill the iInifunu Commercial Okie and other %ccuriit► uttered in wd'ttcmm inviuding replamocnl% and addiliom lherato i `pots the %wcurrcnce of an 1:yen s of Ikfauit is debincd ahmc. i.cnder shall Imc Ill reawdic% of a secured part} under the t'nift+m Commercial ['fide and. at l,ends:rrti option, rout}' alp► umoks< the other reinedi" pnnided ;it tU1s In4trumcm or b%'lwa us to %etch hero. in c�elci%iOg an+ of sail tcntcdiC%- 1 cndcr tna► pmcccel ag+'uu -sa tltc itents at' n al proNti! anti Litt% ICnt• elf' pet•%e+na] propt'rt} sp►riiicas p d ahn►c art of ltle PWorris te scparttek r rttgcdtcr and to 'an► order nhatwsc%cr. ►►illtl+.tl in an+ ws! affecting the ,t►uimigiity of 1 endeo'a rcnx.ltty under the Vililittnt Comincrcial ['isle or or tilt other will digs pm►idtti( in this In+lruntcnt ' 24 jV,- ►cr i+f Milmhalini-NoMithstanding, the existence or ant other securit! intcrcKls to the ProlIcm or other promrt; t+f Iinrm►►er held b% l.e+tder or h! ast% other pan} I coder shall Ila►c the nght let detcnil uic (lie order in which an nr all of the property and ouch other prnpert► shall he subjected to the rcmcdies provided by this Instrument or nlhcn►isc. i • -11- . 19990818001342 PAGE 6I2Cr Br? 2C KTW- Mt.1TiISlm6 STO1Wt TIRE ZIT ai AJ i .r 1 e,tder shall have the right in detennine dw order ill which any or all portions of the indchtedness secured by this instrument are satislicd from the llrLrcecds rcali wd upon the exercise of the remedies provided in this Instrument or othernisa. 13t►rrQ%%cr. any party ►vltp consents to this Imstrument. and any pony ►coo now nr licraze ter acquires a security intt.•t'rst in the properiy and tvha ltas actual or constructi►•e Iwtice of this Instrun►cut. hereby ►►-ai►ct any _._ and _Olt rtthl ta+ sctluin ihL manhaline of utscts in connection with the cccrci+c of an! cif the ntttcdiea }rmitte•cf �+! applira�+l la+i'pr {,rill,% Instrument: 25. Addi[Eonal l]11cu1IIMtts: Pa„ti r n':�ttnnle►. Iiurntucr. from time in iitme. shall C. ccule. acJ,nv%%[edge wed dicll►er to Lender upoll rcgticss. and herchti irrc!tuahl! appoints Lander its autorncy-in-rout to exccutc. acknc+►►iedge. dcIi■•cr and if appropriate rile and rce Ord ex . ,,licit !urit% agrecil'reltts. aysipinxnts I'nr security purposes. assignmctns absol►ttc, linancing :.tatenicnts, midi, us. tcriilieales and other docuntcots. in form anti substancc wtlisrilet;a► it+ I under. ,s.• Lender tttay requc•t nt order to perfecI. preser+c. tLuninue. cmt•nd or maintain the ar.tiigrsment% hcret.t en,ytaincd, rile licit and security intertst under this En+truturnl, and title y�riurt[y therct+t: 13nrn+►►cr aha11 pay to l.cmicr upon rt•yuc%t thcreii+r all costs and expunsr:s iucurretl lit connection ►tiilh lire pre)7aratinn, exceution. rccording and filing ul' any such dot %noun[. and,qch sums shall bear intcrest i'rt+nt the dare L+C rcquetit al the lesser ltf the Default Kate under Lhr Note. 26. l_u of E'runert►. rile .Proper[% is nut used principally lair agricultural or farming purposes. 27. Vices surd (nst% Boor►ter shall pal E.cnder till demand all attorney.,' fcc,; and costs. all court c++sts. and aft other costs arid, t:xpcn-;c.% lincludinc but tlt+l litarted to title in+urartce. af+prai•al.•t xperl ►,'[nest or similar fees) incurred hr Lender In collect any pay'nient due hereunder air secured herc1+y. to ror<•close Lir all hen►ise real i1r upt,n any n!'tllr i'rnperly. ur such Ell ttttirn►ice prowct or enforce and es rights }5erei ndrr or liOn ilte Note. Including . fia% and e►+ti[+ incurred M i miler nuttiidc ul' or in [nnnretic+tt ►►tilt .I .[ �t, a d federal •lnstlltclwc or hanl.rul,tc} prt+etednlg t,t ally appellate C. u 1 proC►wding t"f ccti and ['+'+ts't liilrrll►►L•T shall pay rntcrctt an %licit fees and ('t+.sl.. at tilt IX-Atult Rate under tltc \t+le rrt+ln the ciatL'ttf'd�ntaitJ until part by lit+no►.er. :R. l enter ��LI►y1mjj. Sltuulcl riorroiker fail to pay ► ilen duc lain la�cs. a+u ssrnents. Tt insuranLt: premiums. liens. encumbrances or other elturgts. acl:ainsl (Ile Prt+l' I under [nay pa► the . amC. and the anit'unt sL+ paid. t►itit ittlrrlst at the Ikfaull It+nt under t}3e Note riom the date said pa!nicnt is made }ry I l:tider. sllall be added to and 11ccOtnc a part ui his ln}trunwrit and shall he due on demand by Lender. site nhltzations secured h► t 'N. til:Ct'C��t�ry J4141 :ILAWI. l o nd loin, and S cml L?�hilit Mils- C'a 'st+nti. the ctnenants ales. argret:nlent, herein Contained shall hind. and tlx iiOpL, llcrcunder shall nu re it the benefit air the respectr►c succcsSO ,and ,~signs of [.under and 3inrrs++►cr. �uf?}et -12- 19990818001342 PAGE @13 OF Ill?1L.nG r t�399 r13u1@ STUMT TITLE IT =a PC P •y r } ! i 0 m to the [irnitatinns ert transfer d«cr'shcd in this Instrumcm. All covenants and agrcemcnts of I3nmov,cr %hail he joint rind several. In cxLycisilit, an) rights or lak1ng 01) Minns pro vidcd Iar in this instrument. i.endcr mn}• act thmugit its cmpM�%ecs. agents or indcpcndcnt contractors. I•he captions and headings of the paragraph% nr this lnstnun:nt are for convenience in locating protisions only and are mA to he ttse:d to Interpret or derttne the_ • pia►i�iuns. _ __ —____._— - l[1. t_in■enlinu Lau, Scticrthilit►, 'this Inurutueslt ti{tall In gmcmed k% the ices or thr.tale of in the event that am [Ilt+visitm nl'lhis Instntntcnt conflicts ►►ith applicable [at►, such conflict shall lint affect tatter provisiouts or this 1nStruutrnt ►ehich eau be given eflcc[ t►itlmut thi conflicting prmisinne. and to this end the provisions Of this lnatrumcnt are dcclar►d tt' Ile %►crahlc. '1 isle is of the essence in connection %%ith all ohligauons of Rortnucr herein. IN R•I 1?31iss Or 'I Ills !NS'rRI'Ali•N"I•, liorrmter and Lender ha►c executed this Instrument on the dad and )ear first ahn►c ►tritten- BORROWER: -"2I X'R LENDER: NIF:RIDJAN LENDERS Ill 13►: l3nalt i sotto, a fiencral Partner 9 f _13- 1999E+8t800b342 ME 014 Or 019 go Is j9" 13 Is ST 3� YR EUART TITLi 1)t 11 S 1 All: OF WAS111N( I ON ) ('OL"NITOF I certil\ that I know or hacc satisfactoy evidence that ROBER1 J. KNI ►•I'SEi\ is the person nlue appeared hefnre me. and said persnn ackltm►ledgcd that he signed this instrument - ririii ScKtin�'tcdgca� it-tcrlt-iiti•frCti dnd �e�iunrnry ac('fnrlhe us es andTurlx+cc+ mcntinlrcd in - the instrument. s��. 1. � �•�{,.f ,,:• �,.� . (Signature) CAROL A HARTMAI) Nobry Pdift it (Priname legihl• I STATE OF WASHINGTON *Cwrm E*=SEPT 1 2142 No 1:\PN' 111'13I.l(• in and li,r ti,e Stale al" 11•ashinglon, residing at�� i\i} appointmentexpires!-A S 1'.1"IT (11" 1\'.i51I1N(il"ON 1 9 I rcrttl► that I f u,,►► or 11a►e satitifacl,�t� ��i►fence that I3l AN I.1:tt3S()1IN i. the persnn ►►h,) apN;trcd before tnc. and said person acknovdcdted Ihat he signed this instrument and ackm,►►)edi;vd it to he leis I"rcc and ►oluntar► act for the users and purposes mentioned in the instrument DA I 1 11 � ttiignature) MRTMAN CAROL HNoluq POIC STATE OF WASHINGTON (Print name leLihl)) M) Cann Eq M SEPT 1.2002 NOTARY Pl'IiL1C' in ant For the State of %1"ashingtoll. residing at "w -11"-�-- — Nh appnintnecnt expires 1 � 19992gJ8001342 PAM LkL3 OF 019 s i1TLC >?r 34 28 • 61 REQUEST FOR FULL RECONVEYANC'E 1'0 1'R1iS flai- The undersigned is the It -gal n►►ncr and hrilder ul' the promissory note and ill other -hidebvdncss scctired h► the -within I3crd nf—fruit: Said-�nsrttissnn nntC. to clhcn�itfr dl-- - -- - — - -- - other obligations and indcludness secured b% said Deed of Inw. has been 1'u11% paid and satisfied: and you arc Ilrrcbv reylteslecl and directed. on pamment to you of un} sums tming to you under the tertns ofsaid Dced of Trust. to cunccl said note above mentioned. and all other evidences of indebtedness secured b% said Deed of 1'rust delivered to Nou hermith. together %%ith the said Deed of Trust, and to con%cv. %ithout warronh. to the parties d_ esigliated b% the terms of said Dccd of Trust, all the estate nog► held by you thereunder. �l Dated: — - BENEFICIARY- [�•,�. 14 13) h:,• _..mac' .�F �' ��� .�3, . ._ 1 1 1� F ! f 19990SIM01342 PAGE @t6 Of 81 _ An!. MVT. un S•Cucar TrfL[ �� S� BB IL 1 ` EXHIBIT A TO I)F.FD OF TRUST. ASSI(.N MFNT OF RENTS AND SF('t1R1TY AGRE:I N1ENT �lrnncn� I7t�ri 1�lion PARCEL A: TIIA I'VORUON 0i: TIIli v,%,c TI•I) PLAT OF I:AS'l TACOMA CENTRAL ADDI HON *13". ACCURI)IN(i TO I'LAT RI:CURDI:D IN Vol.11ME 4 OF PLATS .AT 1 AGEaS) 41. RFC'ORDS 01: KING COUNT Y. WAS[IINO I'UN. DI•SC'RIBED AS F01.1.0\\:ti: C'0MMI-NUING AI' Till: SU11TIl\\'I:SI' CORNER OF SIiC"!'10N 21. TOWNSHIP 21 N()ItTI I. RANGE 4 EiAS'1'. \\.1�1..1 KING C'0l �Nl Y.1i'ASl llN ION'. I'I lENC E NUR'1'l I l94'08" EAsr A1.0 v(; 'I'I11. \\'l:S l' I.1N1: 01: SAID SI'I31)i\'lSIO'� 496.66 FIT I'; 501,1*11 88' +5'I(;' I-AS1 50.00 1:1:1:'I 1() I'lll I ASI !�I:\Kc;l'� ()I I(,11 AVENI'1: SOU rl1 AND I I IF I RH- 110IN F 01: l31•(;INNINQ Illl-.N('I: S()1'I11 88 : SI6" I•ASI'4711.00I' IA" 'I'Iil,N(*I. 50uni I 28'19" \\'I.SI 467.20 E:I:i:l"1'() 1111• NORI'll M.—M (;IN ()I S()1'1'I! 35�"' S ME E 1'-. LIII:N('I:;wL)Rl'lI 8g'.il'41" WFS I* Al (INN SAID NOW11I MARGIN 470.79 IT 11() r1lL FAST ALARUIN 01. 16"' AVI N1 1:501"fll: 1*1NORM 1.34'08" LASI*.ALONG S:\11) I-.AS1'MARGIN 466.71 I:I.1.1 10 11Il I ItI:I- POIN 1 01 131:6INNING. 11:1R('E:1. I3: IIIAI PORI1tIN OF 1kitVACAIFD.111.A-rOI:FAS-rTACOMACFNIRAI ADI)I110N :\('(-0101NO 10 PLAI RI-CORDLD IN \'(}1.I1MI: 4 0I' M A I'S AI- PAGHI;) 41• RI•('0R1)S OF KING C'(il'N rY. \CASI IINO I ON. 01:5('REHI:D AS FUI.I (}\;'S: C( MMI \('IN(; XI 11I1• S(jl'lll\\'1-SI C'I1RN1•R Ol: si:C"rm 21. 1'()R'NS'l1111 21 T`(1R I f 1. !tANGI' 4 I AS I . \\' \f.. IN ICING ('()1'..N I Y. U ASI IING 10N- Jill NC'l• N(>Rrll 1 14'08" 1-•\Sr .V ON(1 IIll• \\ I•Sl' I INI: 01' SAID Sl'131)I\'ISI(lti ! 41)l1.Gb 1.1 1.1: I I IENC E Sol' 111 88 +SIG" I:AS I 50A0 E1:F I 'In '!Ill: ETAS I MARGIN UI I G AVENl'1• SOT' I'll. fill `C'I: NOlt l'l l fW34'08" F.AS I' ALONG SAIDI:.AS I MARGIN +G.(10 FEili 1 l c) Jill: 1 RI't• 1101N1' OF 131:(A\NIM0: I f 11•N(T C0'.`T %,vIN(; NOR I.11 1 34'08" EASI ALONG SAID EAST MARGIN 7628 10 AN ANI G1 F POIN'I 17I WRFIN: A-1 1 �...aq�mlSD�•1 l��"P! 19990818001342 race all oc a:-3 oe Is•I9se Is is rlir, CrArkTY Hv SIC"*? THEE ➢' 30 B@ Ti IENCE NORT[ 1204212" FAST' ALONG SAID MARGIN 49.33 FEET: TIJENCE SO[rri! 88035'16" EAST 34.43 11`1:1% I HENCE SOl'1I103006'18" WFST 3.501:1:1r: THE:NC E SO17I186"53'42" EAST 153.16 FEET; nIENC E SOUTH 01124'44" WEST 31.31 FElil TO THE R1. GINNING 01: A C URVF CONCAVE THE WEST I AVING A RADIUS 01: 50.00 FEEL. TIIFIJCI: �S(511TI11:RfY 15.93--T=I:1:1" AI:ONCi tiAID !'[1RViT, Tt?R()1'1(il1 A-('1N'I'R/CI. -""' - -- ANGI.EOF 18005'15": 111LNC E SO111 if 19'3941)" WEST 74.35 FELT I'() A POINT A 111C'l l 131•ARS SOUTH 88°35'16" EAST FROM 1 IE TR[ E POINT OF RE XHNNING: l IIENCE NORTH W35'16" WEST 162.94 FE ET TO I'IIF Rl E. POINT 01:1 EUINNING. r PARCEL (:: '1 EI AT PORTION OF I I [:: VACATED PIXI OF EAS 1' 1 AC `OMA C HN1 RAI ADDI I ION "R'. ACCORDING 1'0 PLAT RF.('ORDED IN VOIAIMF 4 Of. PLATS AT PAGHS) 43. RH.C'ORDS OI' KrNCi ('WNTY. WASl IINGTON. DESCRIBED AS FOLLOWS: C'ONIMI:NCINU Ai' I'IIF S011I11AESI' CORNER OF SECTION 21. 1OWNS1111, 21 NOEt1 i1. RANCil:41-'AS'[, R'.Nl.. IN KIN(i C'OC'N'I'Y, %%'ASIIIN(i-I.ON: HII NCI• NORTH 1"34'08" I•ASI''ALONG TIIF wi:sr LINT. OF SAID SUBDIVISION 411666FFF1: lill:`CL• SOUlll 88 35'16" EASI' 50.00 FEEI !O 11111 I-AS1' MARGIN OF 16�I� A TN1 T S01' 1'I I ANT) I IIl:1 R['I' POINT 01. BEGINNING: 't I li•NC I: NOR I II -1 34'08" F.—VS(' 3 6.'00 FE I ALONG S.:11) LAS I' MARGIN 10 A POINT Ili•ltl:INA1•I)-RRI•F1:RRF1) IOASPOINI—A": IIIFNCF CON; IINUING NCIRTII F34'08" I-ASJ' ALONG SAID FAST MAR(iUfN 7628 Fl•F 110 AN ANGI F 110IN I' I'1IER[•ON: . ' ' 1111 NCI NOR 111 2*42'12" I-AS'l AI ON(i SAII) A1:11t(ilN')5.16 I•[:l:l 10.1111: NORI'Il I INF 01. 1 01 5. Bt OC K I 1 01• SAID PLAT: I I it -WI '%OR 1'1102- WO 1" EAS I ALONG %All) MARGIN 409.90 FEE I' TO AN AN61.F POINT l 111• R I ON: l l ll \C'I NOR IA 15 ,6 18" 1:AS l AI ONG SAID MARGIN 20.62 ITT I' 1'0 THE SOI 11 II• RI Y NIAR(i1N Ol' S FATE ROI *TF 18: . IIII'NCI AT ONCi SAID 41AROIN ANT) SO[ 111 MT S I FRI Y MAR4i1N 01: PRIMARY SI A I I. IHOT IWAY NO. !. 11IE I.OLLOWING ('01'RSfiS AND DISTANC'1:S. SOl' r] t 88 24'06" I -AS 1' 127.98 1:1:1.1': \'ORII1111 ,i'54"FAS125.001•FEI*: S(11 I I 188 24'116" I•AS 1 300 00 FFI•T: St U 11167 14'16" I -AS I' 373.53 FITT: A-2 19990818081342 POGE DID OF 814 8S 18 1"9 13 ID F ING CPJITY UA STENi1FT TITLE DT 34 00 yy '!'I IENC E S()UIll 31 °32'24" !?AS"r ALONG SAID MARGIN 527.00 I Isl I' ro AN ANGLF POINT T11I:REON: THENCE SOUTH I7042'24" MST ALONG SAID MARGIN 87.44 FEET 10 A 110IN'I WHICH BI-ARS S()1T111 88035'16" EASI' FROM 1111- TR1iI: POINT OF BEGINNINQ. "I'lll'NC'I' NORTH 8803516" WEST 1.107.61 FEET TO THE TRUE POINT 01: BEGINNING:I:hC'fiP l Tl[Al' PORT'1O'� "I"I11:KI:OF 1)1?SC'RIRI:D AS FOLLOWS: Al' -.GINNING AT POINI•':A" DI -SCRIBED ABOVE: 111E NC'fi NOR'I'1[ 1'3418" 1:AS'!' :11.()'v(1 SAID 1:A$I' \1:�R(i1N 76.28 i Eii:l 'IU AN .11``GLE POINI 'l lll*RI:IN: "1'I11 NC E-NOR'I'112*42*12" 1::151' A1.O\G SAID NIARQIN 49.33 FIT 1: %.• 1'f1I:NC'I:Sot' I•1188'13516" :,lti1'::+4411I:1:I: 1'iII:NC'I: SO1T111 0±"rx;18" WIN I ;.5r11'[ili r: '1'111=NC'I: SOPTI186`53'42" EAST 15?.16 H IPNC'1: SOL' 1'l l W24'44" N'I'S'I' 31.31 1-*1:1i1* r0 THE' B1:GINNING C F A CURVE CONCAVETO 1'1If: INTS 1' I WING A RADIPS QF 50.00 FEE I': I'111:NCt: SO[ Al WR1 1' 15.93 1.1'1- I' ALONG SAID C URVE TI1ROUGI I A CEN I RAI ANGI F OF W05'15": I I IFNCI: SOI TTI 119°39'49" WI•S l 74.35 FITT 10 A POINTWHICH Bt:AI6 SOI 1 I II 81i'35' I l," f':1S r FItOAi 'FF11:'I Rl'I: l'()Iti 1 OF BECiINNING: rI n:N- Ul• NOR I 1188' 35'16" WI•S I Ifi2.94 FI:F'I' 1'r1 111E 1 R(1F. POIN I OF BFG1NNIN(i: F 19990818001342 Pea 019 4i @19 w IB 19— 13 19 1 l"G wi"T•. w STfIWRT TITLE 34 Be Information on King County Superior Court Case #: 03-9-23626-3 Search Title: 039236263-WA-Superior SUMMARY Information Title: PERRY ET ANO VS COSTCO WHOLESALE INC - $507,901.40 King Superior Court 03-9-23626-3 User: Sizer, Myro Performed on: Thu Mar 24 2005 14:08:27 PST 3udgment#: 03-9-23626-3 Court: KING COUNTY SUPERIOR COURT Case #:01-2-22696-7 NAMES Information * - Total participants 6. Click on the bar number for more detail. Name: SKELLENGER BENDER PS Relation to Case: Assignee 02 (ASG02) Name: LAWFINANCE GROUP INC Relation to Case: Assignee 01 (ASG01) Name: PERRY, KATINA Relation to Case: Judgment Creditor 01 (3CR01) i le: COSTCO WHOLESALE INC Atlon to Case: Judgment Debtor 01 (JDB01) Name: BANK OF AMERICA Relation to Case: garnishee Defendant 01 (GDF01) Name: LONNQUIST, JUDITH A. Relation to Case: Attorney for Creditor 01 (ATC01) Litigants: 1, GARN DOCKET Information Court Date Description/Name Code Amount 0509 JUDGMENT AGAINST DEFT, 2003 COSTCO WHOLESALE INC & IN JD FAVOR OF PLTF, KATINA PERRY INT @ 12% PER A 05 09 2003 THE SUM OF INT @ 12% PER A 145,694.30 0523 JUDGMENT REVISED TOTAL 2003 JUDGMENT AMOUNT - $507,901.40 JD INT @ 12% PER A 0523 TAX RELIEF TOTAL JUDGMENT 2003 AMOUNT - $507,901.40 INT @ 148,945.00 12% PER A 0523 ATTY FEES COSTS TOTAL 1003 JUDGMENT AMOUNT - $507,901.40 213,262.12 INT @ 12% PER A 18 JUDGMENT AGAINST GARNISHEE 2003 DEFENDNT INT @ 12% PER A JDAGD (UPON RECEIPT CLERK TO DISB TO PLTF'S ATTY) 0618 2003 AGAINST GAM, BANK OF 507,901.40 AMERICA INT @ 12% PER A (UPON RECEIPT CLERK TO DISB TO PLTF'S ATTY) ` 18 AGAINST DEFT - COSTS INT @ J03 12% PER A (UPON RECEIPT CLERK 3,194.75 TO DISB TO PLTF'S ATTY) 0922 PARTIAL ASSIGNMENT OF ASJG 2003 JUDGMENT $60,000 •09 23 PARTIAL ASSIGNMENT OF ASJG 2003 JUDGMENT $100,000 0621 ASSIGNMENT OF JUDGMENT ASJG 2004 PARTTAL - $50,000.00 JUDGMENT Information Judgment#: Type: Signed By: Date Filed: Signed Date: Effective Date: Case #: 03-9-23626- GEN GENERAL JUDGE DEAN LUM 05 09 2003 05 09 2003 05 09 2003 01-2-226 6- 3 RECOVERY NOTE: "The Washington State Administrative Office of the Courts and the Washington State courts do not warrant that the information is accurate or correct and deny Ilahility for any damages resulting from the release or use of the data. In order to assure or verify the accuracy of the information or data received, the customer should personally consult the "official" record reposing at the court of record. Copyright 2004 CourtTrax Corporation - info couriirax.com 2003062300, 05/23/2003 13 31 KING COUNYY, WA rleae or3at or type tsrormaden WASMNGTON STATE RECORDER'S Cover Sheet (Rcw 65 a4) Document Title(s) (or transactions contained therem) (all areas applicable to your document most be filled m) 1 2 3 .:�..- -- — 4 Reference Numbers) of Documents assigned or released: Additional reference #'s on -page- - of document - - - - -: -- - - -- Gr `ntor(s) (1[ ast S 2sf'�][ ---, Additional names on page of document Gr me s) name first, 1 (� 1_]._�A- en fir t name and initials) ( . � 2 Additional names on page of document Legal description (abbreviated r e. lot, block, plat or section, township, range) Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number D Assessor Tax # not yet assigned The AudktorlRecorder will rely on the mfo=atzon provided on the form The staff will not read the document to verify the accuracy or conpIcteness of the mdexing information PlDvided herein 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. Signature of Requesting Party 20030523002020.002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 U 17 1F 15 2( 21 2,' 1 2A 2: Z Judge Dean S Lum Hearing date 5/9/03 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON ----IN AND FOR -KIN G COUNTY - - KATINA AND PAUL PERRY, f j NO 01-2-22696-7 KNT v COSTCO WHOLESALE, INC Plaintiffs, Defendant. REVISED JUDGMENT CLERICS AMOK MUM Judgment Creditor Katina Perry Judgment Creditor's Attorneys- Judith A Lonnquist Judgment Debtor Costca Wholesale, Inc Damages $145,694.30 Tax Relief $148 945 00 Attorney's Fees, Costs & Expenses $213,262 12 Total Revised Judgment $507,901.40 Post judgment Interest: 12% per annum ORIGINAL t REVISED JUDGMENT - 1 .� 2003052300. 3 `1 J 2 3 4 5 6 7 8 9 10 11 12 1 13 14 15 16 17 18 19 20 21 22 23 24 25 J 26 JUDGMENT This matter having come on regularly to be heard by the Honorable Dean S Lum in a bench trial which occurred from March 10 —18 and April 1 — 2, 2003, and the Court having rendered its oral opinion on April 14, 2003, and the Court having considered and ruled on all issues presented by the parties, and having entered preliminary Judgme4nt with respect to Plaintiffs damage award on May 9, 2003, and having subsequently considered and ruled upon Plaintiffs Motion for Tax Relief and Plaintiff's Application for Attomey's Fees and Litigation Expenses, Including Costs, now therefore, -- - : iT IS -ORDERED -that Judgment is -hereby -entered --as- follows ----- --- -- - - - — - -- - - f The sum of $145,694.30 is awarded in favor of Katma Petry, against Costco Wholesale, Inc, representing economic and n6n-economic damages; IT IS FURTHER ORDERED that the sum of $148,945.00 is awarded in favor of Katiiia Perry, against 'Costco, Wholesale, Inc, representing relief from the tax consequences of the aforesaid damage award, and IT IS FURTHER ORDERED that the sum of $213,262.12 is awarded in favor of Katma Perry, against Costco Wholesale, Inc , representing reimbursement of a reasonable attorney's fee, costs and expenses of this litigation, and IT IS FURTHER ORDERED THAT Costco Wholesale, Inc shall pay to the Plaintiff Katina Perry the entire Judgment amount of $507,901.40, plus interest at 12% per .annum until paid, the Court Clerk shall enter the same upon the execution docket. DONE IN OPEN COURT this day of May, 2003 DEANS LUM, Judge King County Superior Court REVISED JUDGMENT - 2 .20030523002020.004 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 26 Presented by LAW OFFICES OF RMITH A LONNQUIST, P.S 61 c� u th A 5BA Ir 06421 ttorney for Plaintiff Copy received Notice of Presentation Waived- and Approved for Entry WINTERBAUER & DIAMOND Steven H. Wtnterbauer, WSBA No 16468 Attorney for Defendant I REVISED JUDGMENT - 3 20D40623000169.001 WHEN RECORDED RETURN TO: Rita L. Bender SEELLENGER BENDER, P.S. 1301 Fifth Avenue, Suite 3401 Seattle, WA 98101-2605 20040623000169 KING COUNTY, WA Please nrfnt or type information WASHINGTON STATE RECORDER'S Cover Sheet (Rcw 65 0a) Document Title(s) (or transactions contained therein) (all areas applicable to your document must be filled in) 1 Partial Assignment of Judgment Reference Number(s) of Documents assigned or released: NIA Additional reference #'s-onpage --- - of document-- - Grantor(s) (Last name, first name, initials) 1 Katma Perry Additional names on page of document Grantee(s) (Last name first, then first name and initials) I Rita L Bender and the law firm of SkelIenger Bender, P S Additional names on page of document Legal description (abbreviated i e lot, block, plat or section, township, range) N/A - Additional legal is on page of document Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned N/A The Auditor/Recorder vnll 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 10042 00101 9f160707 ORIGINAL a 20040623000169.002 1 1 2 3 4 5 6 7 8 9 10 13 14 l 15 16 17 18 19 20 21 22 23 24 25 26 w. ` LED 04 JUN 21 AM 9: 23 1= n1NR tj�Io COURT CCLERK .t r SEATTLE, WA. Honorable Dean S. Lum SUPERIOR COURT OF WASBINGTON FOR KING COUNTY KATINA and PAUL PERRY, Plaintiffs, COSTCO WHOLESALE, INC., Defendant NO 01-2-22696-7KNT PARTIAL ASSIGNMENT OF JUDGMENT FOR AND IN CONSIDERATION of extending attorney services to Judgment Creditor Kattua Perry, Katina Perry hereby guarantees payment to Rita L. Bender and the law firm. of Skellenger Bender P.S ("Skellenger Bender"} by granting this Partial Assignment of Judgment Katma Perry does hereby assign to Skellenger Bender as security for payment of legal services an amount not to exceed $50,000.00 from all judgment rights winch Katina Perry has ax niay have arising aut of ar rely g to the revised iudgment m the above -captioned action A ropy of Said rudgrnent, dated Z,i n , is attached hereto as Ex. A, and incorporated herein by reference Skellenger Bender shall have the right to demand payment from Katma Perry, and m the event Katrna Perry farts to make payments in accordance with the terms and conditions of the Fee Agreement for legal services between Skellenger B der and Karma Perry, Skellenger Bender mayproceed to execute on the Judgment dated 5,�, in an amount not to exceed $50,000.00, including interest, attorneys fees, and costs Katma Perry does hereby appoint Skellenger Bender, its successors, assigns and attorneys, its true and irrevocable attomey-m-fact, with power of substitution, for the purpose of recovery of money due under this Partial Assignment of Judgment, including the power to gyve notices and file claims as maybe required by law. This power of attorney will cease when Skellonger Bender has been paid in whole or in part for the above -referenced legal services m an amount not to exceed $50,000.00. ASSIGNMENT OF JUDGMENT —1 Skellenger Bender, PS 1301- Fifth Avenue, Suite 3401 R� �il�'Si � � ��� Seattle, Washington 98101-2605 (206) 623-6501 10042 00101 W00601 KIM; is%�►�ci�niir i:iirin3 2 3 4 5 6 7 8 9 10 11 12 13 1 14 15 16 17 18 19 20 21 22 23 24 25 26 ,t � •l Katina. Perry warrants that she will take all action necessary to obtain and preserve all judgment rights allowed by law and hereby agrees and covenants that she will not release, assign., pledge or discharge any rights covered by this Partnal Assignment until Skellenger Bender has been paid in full for the legal services rendered This Assignment shall not affect Katna Perry's right to pursue all judgment actions together with Skellenger Bender in a single action or in a separate, independent action, at her option Katrina Perry warrants that she has been afforded the opportunity to seek independent legal advice regarding the granting of this Partial Assignment of Judgment and hereby grants this Partial Assignment to Skellenger Bender, having been fully informed of the consequences. DATED this MZay of November, 2003 STATE OF WASHINGTON) V ss. COUNTY OF KING } This is to certify that on the day of November, 2003, before me, the undersigned Notary Public, personally appeared Katina Perry, to me known to be the person described In and who executed the foregoing and acknowledged to me that she signed the salve as her free and voluntary act and deed for the rises and purposes herein mentioned. IN WITNESS WHEREOF, I have hereunder set my hand and affixed my official seal the day and year first above written Ph• � ti�1S111L� .5 V_'w ASSIGNMENT OF JUDGMENT — 2 10042 00101 N100601 Skellenger Bender, PS 1301-Fifth Avenue Suite 3401 Seattle, Washington 98101-2605 (206) 623-6501 4 5 6 7 10 9 11 12 13 � J 14 15 16 17 1S �19 20 21 22 23 24 25 26 1 .-� 20040623000169.004 IL f Judge Dean S. Luxn Hearing date: 519103 - -'IN THE SUPERIOR COURT OF TIE STATE OF WASHING ToN IN AND FOR KWG COUNTY KATINA AND PAUL PERRY, i Plaintiffs, V. COSTCO WHOLESALE, INC., Defendant. NO. 01-2-22696-7 KNT REVISED RMGMENI' CLERIC'S AGMIq REQUM xE�'Ry Judgment Creditor- Katina Perry Judgment Creditor's Attorneys: Judith A. Loruiquist Judgment Debtor Costco Wholesale, Inc. Damages: S145,694 30 Tax Relief S148.945.00 Attorney's Fees, Costs & Expenses.- S213,26212 Total Revised Judgment- $507,901.40 Post judgment Interest- 12% per armum. �64 ORIGINAL [ 1 2 3 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B 26 4 5 6 7 f 200406230001 S T.M a ` f JUDGMENT This matter having come on regularly to be heard by the Honorable Dean S. Lurn m a bench trial which occurred from March 10 - 18 and April I - 2, 2003, and the Court having rendered its oral opinion on April I4, 2003; and the Court having considered and ruled on all issues presented by the parties, and having entered preliminary 1udgine4nt with respect to Plaintiffs damage award* on May 9, 2003, and having subsequently considered and ruled upon Plaintiffs Motion for Tax Relief and Plaintiffs Application for Attorney's Fees and Litigation Expenses. Iincduding Costs, now therefore} IT IS ORDERED that judgnrent is hereby entered as follows: The sum of S145,694.30 is awarded in, favor of Katina Perry, against Costco Wholesale, Inc, representing econonuc and non -economic damages; IT IS FURTHER ORDERED that the sum of S148,945.00 is awarded in favor of Katzna Perry, against CostcO Wholesale, Inc., representing relief from the tax ! consequences of the aforesaid damage award, and IT IS FURTHER ORDERED that the sum of S213462.12 2s awarded in favor of Katina Perry, against Costco Wholesale, Inc, representing reimbursement of a reasonable attorneys. fee, costs and expenses of this litigation; and IT IS FURTHER ORDERED THAT Costco Wholesale, Inc. shall pay to the Plaintiff Katina Perry the entire iudgment amount of S507,901.40, plus interest at 12% Per annum until paid, the Court CIerk shall enter the same upon the execution docket DONE IN OPEN COURT this 2-1 day of May, 2003 DEAN S. LUM, Judge King County Superior Court 20040623000169.006 I 2 Presented by.- 3 LAW OFFICES OF 4 RMITH A LONNQLUST, P S. 5 .too 6 u th A. 5BA 06421 7 t ttomey for Plamfaff 8 9 Copy received: - Natx�e of Presentatron.Waived and-Approved-forEn . - - - - - - - l 11 WIl'TTERBAUER & DIAMOND 12 i 13 Y I4 Steven H. Wfnterbauer, WSBA No. I6468 Attomey for Defendant 15 16 17 I8 -19 20 21 22 23 24 25 26 i 266 20040623000169.007 0 i SjXM OF WASIANalONJaN County pf 4{fng `- . r court ereby �, g�RSP Fk s• MlNEF , CW1<of th15 Super certJY a#Y'Fash�ngtan, #or the COUP a4 i{ing do hnstru of the 9tsta m �rsh the - ling copy wftY+ Abe argnai instrument as tw I have) c° p rflcD*d tin riy oxiice, and that a s r ,et. thB sarre appesr,3 on fi[a ar+a nal and Of thaw ale thereof. I� g tpup grsd ppi's transcript eT Set )Iy },and nd affixed the i3 'flui1i�031Y Wtit~RnD [ ha e here" eat sa a this -� friar r €�t My �{�{ of said a��% 2� er,ar Gou�tClark day of J53M PA �' Sup By poputy clerk Rs BROWN TO: State of Washington - WSDOT 6431' Corson Avenue South Sea Columbia Street Seattle, WA 98108 Seattle, Washington Attn: Mike Sharkey 98104 Ref.# WSDOT Parcel 1-22517/SR5/SR161/ST18 Triangle Improv SUPPLEMENTAL REPORT #1 PNWT Order Number: 588131 Seller: Jet Chevrolet, Inc. Buyer/Borrower: State of Washington The following matters affect the property covered by this order: • A Full Update of the Commitment from March 18, 2005 through July 18, 2007 at 8:00 a.m. has disclosed the following: ■ Paragraph 8 of the commitment is/are out, 2005 and 2006 taxes are paid in full. ■ The following has been added as paragraph 15: I5. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2007 TAX ACCOUNT NIIMBER: 282104-9069-08 LEVY CODE: 1205 CURRENT ASSESSED VALUE: Land: . $1,429,400.00 Improvements: $692,300.00 AMOUNT BILLED GENERAL TAXES: $24,147.22 SPECIAL DISTRICT:$5,096.I1 $2.13 TOTAL BILLED: $29,245.46 PAID: $14,622.73 TOTAL DUE: $14,622.73 (continued) DECEIVED DEC 01 2009 UTY OF FEDERAL WAY C®S SUPPLEMENTAL TITLE REPORT Page 2 Order No. 588131 The following paragraph has been amended to read as follows: 9. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Martin E. Johnson and Barbara J. Johnson, husband and wife and Jet Chevrolet, Inc., a Delaware corporation, which acquired title as Vista Chevrolet, Inc. TRUSTEE: United States National Bank of Oregon BENEFICIARY: U.S. Bank of Washington, National Association AMOUNT: $1,750,000.00 DATED: September 30, 1996 RECORDED: October 1, 1996 RECORDING NUMBER: 9610010795 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. DEED OF TRUST MODIFICATION AND THE TERMS AND CONDITIONS THEREOF: RECORDED: January 23, 2003 RECORDING NUMBER: 20030123000719 DEED OF TRUST MODIFICATION AND THE TERMS AND CONDITIONS THEREOF: RECORDED: August 9, 2005 RECORDING NUMBER: 20050809000673 • There has been no change in the title to the property covered by this order since March 18, 2005, EXCEPT the matters noted hereinabove. Dated as of July 23, 2007 at 8:00 a.m. PACIFIC NORTHWEST TITLE COMPANY By: Curtis Goodman Title Officer Phone Number: 206-343-1327 Mrs r 1, RECORDATION REQUESTED BY: U-S. Bank National Association , Callateral Departmmt P. D. Box 5308 Portland, OR 97228-5308 WMN RECORDED MAIL TU: "'Bank Xational Association Collateral DepartmeriE P. 0. Box 5308 Portland, OR 97229-5308 pqdjW1 W 004 pr my"I'M SECOND AMOMMNT T4 DnD OF TRUST Reference Nwnberofitelated Docwmeats: 96100I0795,xtCords ofKingC4unty, Washington cnamr(s): Barbara J. Johnson Jet Chevrolet, Inc. Gramee(s): U & Bank National AswcWion Legal Drscriptioe: That portion of the west haif of the SoUthwast quarter of Section 28, Towwhfp 21 North, l of She nit Additional Legal egal 1ae= e 4 East, W.lUi F�on is on Exhibit A Assessor's h""� ► Taac Parcel cr AveozmtNo : 282104-8089•o8 This Amendment to Deed of Trust dated as of Deed 4fTrust e�c=ted b 2a05 amends the South, Aube�rn Wash' YMartin L. Jo#nsos� (now deceased},Barbara I. Johnson, 37006 551'Avs. n 980Q1, and let Chevrolet; lnc,, Whose address is 35700 Enchanted Parkway S,, Federal Way, Washhrgtan 98003 Ondividuaby and oollec e U.S. Bank ofWashingtvn; National Association, navv knownY� "Cras to �, favor ai COInmerciai Loan services, PD_OR p7LD, S_s Ski' Oak g U.S.SBank National Associations, (nLender"}, dated September 3ii, 1996, recorded October 1, Sh Noet o9610010795, on 97204 King Comity, Washington, as amended records of recoz+ W Jan by Ameadmeot to Deed of Trust did December 2, 2002, Y , 2003 as Na_ 200301230{lU7'19, r=rds of Kin {CollectivalX, "Deed of Trust"}, coverin the g County, Washington g re&.l property descrsbed on attached Exhibit A, For valuable consideration, receiyt of which is hereby acknowledged, the pies agree as IbHows: SECOND AyB�DNENT TO DEED OF TRUST - l H ZIierMtr*4nW&7I31i707AToa,doc gaaffi.wml-, 200508090006M= 1. The definition ofths following terms in the Deed ofTrust arc deleted and replaced with the following. $orrower. The word "Borrower" means each and every person or entity which is Eiable on the Note, including without limitation Jet Cizcvrvlei, Inc, and Barbara J. Johnson. Note. The word "Note,' means the promissory note dated September 30, 1996, in the original principal amount of $1,750,000.G0 from Borrower and Martin E. Johnson to Lender, together with all renewals, extensions, modifications, . refinancings, and substitutions for the Note. 2. Except as amended previously orherein, alltorms, conditions and obligations of the Deed of Trust remain in full farce and effects JET CHEVROLET, INC. O STATE OF } ss. County of a on this _�?o clay of 2005, before me, the undersigned Notary Public, personally appeared Barbara 7, Johnson, to me known to me to be the individual dsserz'bed in and who executed the foregoing Ammdment to Deed. of Trust and acknowledged tt AnMIdmerit to Deed of Trustto be her freeand volzmtary act and forthe uses and purposes the mentioned, and on oath stated that site is authoriZed to execute the Amendment to Deed of Trust '. 3 �sfcii '° ; ,c t� :�;owlhb to forft Stste of__ rc" �O17 *0 Residing at. my commission expiras: SECOND AMMMEMr TO DEED OF TRUST - 2 &%ajc rLT. W387iSW0TMid2.dna r�1 20050809000873.003 ti L O STATE OF 6RI I County of rN• On this ?o day of 2005, before Me, the Undersigned Notary Public, personally appeared �, to me known to be the -dt- �%W, of Jet Chevrolet, Inc., the corpora'iion that gW4ted the foregoing Amendment to Bead of Trust an acxnowledged the Amendmentto Dead o Nt i� and vbiun actand deed ofthe corporation forthe uses and Purposes ttzerei: ",�o th stated that is authorized to ex.-mte the ArnendmcM to Deed ofTrust.� o N0TAh), ' i �i1BL{C is r the S e of Residing at ,v STATE 4F _. � • • .���yl � commission expires• S� ) ss. County of On thisPday of 2005, before me, the undmigned Notary Public, personally appeared,,, tomelmownto bathe 2 afU.5. BankNadonA Association, it national banking association, that executed the foregoing Ammendment to Deed of Trust and acknowledged the Amendment to Deed of Trust to be the free and voles tart' act and deed of the national banking association, for the uses and purposes therein mentioned, and on oath stated that �� is authorized to execute the Amendment to Deed of Trust. lie for the Skate of: yy 1QlU�c,. 'r'` tit Residing at. '�� 01RIiY �►, My commission expires: r Irk Copp SECONDAMENDMENr TODEEDOF7RUST-3 H-'WFvrk113sbwW3715140'FA mda,dM 200S0809000673.004 EMMIT I'Arr PARCEL A; That portion of tha west half of the southwest guartex of the northwest cuarter of Section 28, Towashi.p 21 North, Range 4 Past, W.M., in icing county, Was3 zrtgton, dcscri.becd as follows; .BegikLwest at the northwest cczmer of the southwest gti-W of the quarter ai said Ssct,ion 28; thezace north 89436 : east an the north Ise of said southwest quaxter of the northwest quarter, 657.92 feet; thence south 0009' west 255.00 feet to the TIZM p0jXT OF BEG1=ZTG; thence south 0 ° 09' west to the in'tersecti,Qr of the east bolmdar-y of Secondary State Highway No. 5-1); thence northwesterly along the said east boundary of said highway to a point whi.L-h as� south 89°361 west 382.65 feet from the TRUE POINT OR $FGTWNG; thence north 89*36' cast 382.65 feet to the TRUE POINT OF BEGi'NNMG; EXCEPT that portion thereof convreyed to the State of Washington for highway purposes, by deed recorded under Recording Nunnber 4984581. PARCEL R.- That portion 'cru of 'the east half of the southwest quarter of the nrarthweat :max-uer of Section. 28, ' ow.-xahip. 21 North, Rouge 4 East, Ca=ty. 'Wa�hxAgtcn, lying westerly of the westerly maxg�La of Prima=, State Righwa Nb. - as COMVeved to the state of Washington by deed xecardsd un2ler Recording Number 49S3583. nseeilf �� Jart�say� PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 7, ja4 Qo, lf_2 215 Columbia Street "'1 6 J "( Seattle, Washington 98104-1511 Senior Title Officer, Mike Sharkey (mikeshaxkeyppnwt.com) Title Officer, Curtis Goodman (curtis Assistant Title Officer, goodman@prxwt.com) Charlie Bell (cha-r1iebell@pnwC.c0m) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 State of WA Dept- of Transportation 15700 Dayton Ave. N. 3rd Floor MS 118 Seattle, WA 98133 Title Order No.: 588131 Attention: Mona Cox Your Ref.: SR5/SR161/SR18 Triangle Improvement A. L. T. A. COMMITMENT SCHEDULE A Effective Date: March 18, 2005, at 8:00 a.m. 1. Policy(ies) to be issued: A.ALTA Owner's Policy Amount Standard (X) Extended $ 40,000.00 ( ) Premium $ 330.00 Tax (8.8%-) $ 29.04 Proposed Insured: STATE OF WASHINGTON NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED FOR A PING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK PRIOR TO CLOSING SO THAT WE MAY INSPECT THE PREMISES. B.WORK CHARGE Amount $ 10 Tax (8.8%) 8.0 8 $ .80 2. The Estate or interest in the land described hereiri'and which is covered by this commitment is fee simple. 3. The estate or interest referred to herein is at Date of Commitment vested in: H'E '• ET, (NOTE: SEE SPECIAL EXCEPTION NUMBER 11 REGARDING EXECUTION OF THE FORTHCOMING DOCUMENT(S) TO BE INSURED). 4. The land referred to in this commitment is situated in the State of Washington, and described as follows: As on Schedule A, page 2, attached. 101 •_J s 0, L� J Order No. 588131 A.L.T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the State of Washington, and described as follows: PARCEL A: That portion of the west half of the southwest quarter of the northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of the southwest quarter of the northwest quarter of said Section 28; thence north 89*36' east on the north line of said southwest quarter of the northwest quarter, 657.92 feet; thence south 0*091 west 255.00 feet to the TRUE POINT OF BEGINNING; thence south 0009' west to the intersection of the east boundary Secondary State Highway No. 5-1); thence northwesterly along the said east boundary of said highway.to. a point which is south 89036' west 382.65 feet from the TRUE POINT —.- OF BEGINNING; thence north 89036' east 382.65 feet to the TRUE POINT OF BEGINNING; EXCEPT that portion thereof conveyed to the State of Washington for highway purposes by deed recorded under Recording Number 4984581. PARCEL B: That portion of the east half of the southwest quarter of the northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington, lying westerly of the westerly margin of Primary State Highway No. 1 as conveyed to the State of Washington by deed recorded under Recording Number 4983583. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY: 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. NW 28-21-4 0 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. A.L.T.A COMMITMENT Schedule B Order No. 588131 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. GENERAL EXCEPTIONS: I. Rights or claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 0 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shover, by the public; records. S. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide! lands, or lands comprising the shores or bottoms of navigELble rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any Service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. .ram �j C. SPECIAL EXCEPTIONS: As on Schedule B, attached. 1 A.L.T.A. COMMITMENT 1 SCHEDULE B Page 2 SPECIAL EXCEPTIONS: NOTE FOR INFORMATION PURPOSES ONLY: Order No. 588131 EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. FORMAT: MARGINS TO BE 3" ON TOP OF FIRST PAGE, 1" ON SIDES AND BOTTOM - I" CH SUCCEEDING PAGE. RETURN ADDRESS IS ON TOP, SIDES AND BOTTOM OF EA ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN. NOTHING WITHIN 1" MARGINS. FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 1/2" BY 14". NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS; PRESSURE SEALS MUST BE SMUDGED, INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: RETURN ADDRESS, WHICH MAY APPEAR WITHIN THE UPPER LEFT HAND 3" MARGIN. TITLE OR TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE, REFERENCE TO RECORDING NUMBER OF SUBJECT DEED OF TRUST. NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOLLOWING PAGES, IF ANY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME, OR SECTION, TOWNSHIP, RANGE ,AND QUARTER QUARTER SECTION FOR UNPLATTED). ASSESSOR'S TAX PARCEL NUMBER(S). �� (continued) Order No. 588131 } A.L.T.A. COMMITMENT �v • ' SCHEDULE B Page 3 SPECIAL EXCEPTIONS (continued): 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company, a Massachusetts corporation PURPOSE: Right of way for electric transmission line AREA AFFECTED: Southwesterly portion of Parcel A RECORDED: April 30, 1959 RECORDING NUMBER: 5025975 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,.,: BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company, a Massachusetts corporation 44 PURPOSE: Right of way for guy wire and anchor AREA AFFECTED: Westerly portion of Parcel A RECORDED: April 12, 1974 RECORDING NUMBER: 7404120477 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company PURPOSE: An underground electric distribution system AREA AFFECTED: The centerline of Grantee's facilities as constructed or to be constructed, extended or relocated within the above described property RECORDED: November 4, 1986 RECORDING NUMBER: 8611041343 (continued) 0 r Order No. 588131 L A.L.T.A. COMMITMENT SCHEDULE B Page 4 4. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Federal Way Water and Sewer District, a municipal corporation PURPOSE: Water facilities AREA AFFECTED: That portion of property included within the limits of a strip of land 10 feet in width lying 5 feet on each side of the centerline of the water main constructed in the property RECORDED: August 10, 1987 RECORDING NUMBER: 8708100962 S. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,`': BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Federal Way Water and Sewer District, a municipal corporation PURPOSE: Sewer mains with the necessary appurtenances AREA AFFECTED: A strip of land, 10.00 feet in width over portion of said premises RECORDED: March 28, 1988 RECORDING NUMBER: 8803280374 6. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DEED TO STATE OF WASHINGTON: RECORDED: January 8, 1959 RECORDING NUMBER: 4983583 AFFECTS: Parcel B 7. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DEED TO STATE OF WASHINGTON: RECORDED: January 12, 1959 RECORDING NUMBER: 4984581 AFFECTS: Parcel A 0 (continued) A.L.T.A. COMMITMENT Order No. 588131 SCHEDULE B Page 5 8. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2005 TAX ACCOUNT NUMBER: 282104-9069-08 LEVY CODE: 1205 CURRENT ASSESSED VALUE: Land: $1,286,500.00 Improvements: $672,100.00 AMOUNT BILLED GENERAL TAXES: $23,824.59 SPECIAL DISTRICT:$5,013.35 TOTAL BILLED: $28,837.94 PAID: $0.00 TOTAL DUE: $28,837.94 9. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Martin E. Johnson and Barbara J. Johnson, husband and wife and Jet Chevrolet, Inc., a Delaware �j corporation, which acquired title as Vista Chevrolet, Inc. TRUSTEE: United States National Bank of Oregon BENEFICIARY: U.S. Bank of Washington, National Association AMOUNT: $1,750,000.00 DATED: September 30, 1996 RECORDED: October 1, 1996 RECORDING NUMBER: 9610010795 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. DEED OF TRUST MODIFICATION AND THE TERMS AND CONDITIONS THEREOF: RECORDED: January 23, 2003 RECORDING NUMBER: 20030123000719 10. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property and rights of tenants to remove trade fixtures at the expiration of the term. (continued) ■� 0 Order No. 588131 A.L.T.A. COMMITMENT SCHEDULE B Page 6 11. Information available to the Company, but not of public record, indicates that, as of September 30, 1996 Martin E. Johnson may sign on behalf of: Jet Chevrolet, Inc., a Delaware corporation If there has been any change in the corporate/limited liability agreement authorization, please notify your Title Officer prior to execution of the forthcoming instrument. 12. Matters disclosed on a survey recorded under Recording Number 9512119008, a copy of which is hereto attached. 13. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued,:, it is agreed by every person relying on this commitment that we- will not be required to approve any policy amount over $100,000, and our total liability under this commitment shall not exceed that amount. 14. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Federal Way. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%. NOTE 1: Our examination discloses that the vestee herein does not own any contiguous property. NOTE 2: The name and address of the current taxpayer according to the King County Assessors record is: Jet Chevrolet, Inc. P.O. Box 4986 Federal Way, WA 98063 (continued) 0 { n Order No. 588131 A.L.T.A. COMMITMENT SCHEDULE B Page 7 NOTE 3: The vestee herein acquired title by instrument recorded under Recording Number 8609031250 and 19990812001654. END OF SCHEDULE B Title to this property was examined by: Teri Nelson Any inquiries should be directed to one of the title officers set forth in Schedule A. JXB/8609031250/ 19990812001654 0 NW % 28-21-4 i zo �7 PACIFIC NORTHWEST TITLE Company of Washington, Inc. Order No. 588131 IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. N N All Iry I I a on jgji Roll �'• MK =*a r�rax mavx wrwc ayurlc He u IQ yo 0,0 qq l it ��r110 te— — ua Wv 10. 4D g .�l � y� gyp- �'tf`�y��Mr_'•'rG ��_ a ,pra .09 u� r� Xrk F LT"i Pit Fe ti yv h Cx ifto 8 Cz S m,.W, w Zu"(0) . stawr0oft) -. ER e• o'6v+t rax= [ rrc rormw rmrr �r�p� q fiw HIT OR all 1511 11 PIR �R q fit lull jig .a n CAI Rik 4 is 4l AP MWIN R Rsarva s THIS S/Aa ■ESERYED FOR RECOROER'S USE. �ii'[y MIS pAr Filed for Roma at Request of SEP 1 4 1R PM Old National Banc of Washington AFTER RixORi`IMB' MAIL TO, RENj j')s �, iJ F ONB/NTBC WNG CDUNTY NO EXCISE tA�X K Li ��Ilj,�jj r P.O. Box 97019 SEPS 1986 Bellavue, WA 98009 Attcntiont Bill Ca_r:er 896466 r i � • lA FORK L 56 R claim Dead c . QD 11� OTAI NS: Martin E. 8 Barbara J. Johnsen for and in consideration of fen' dollere and 00/100 ($10.00) OC14.''a1$0 RECD F 5.00 eonvay and quit claim to Vista Chevrolet, Inc. CRSHIL ()0 the following described real eatatt. situated in the County, of 'King , O a i state of Buhiageon,iroluding any interiat tkarsin which graator•aay,lisrasftar acquire: = !r That pectin" of the Southeast Res■rtae of the Norte described aaefOf allaru Section 28, Toslnehip 21 North, Range ¢ = Tastes Y.K„ King County, flaahington. Mara fully 1 ;"•: gegiff►ino at the Northwest corner of the south met quarter of the Northwe■t wetter of a■!d Section 211; tlWgGG South. Ma39'04" Cant, b57.39 feat as tha North line of said Southeast qu■rter of the Ncrthelaat quartar.of SdIctiin 20 to the True Point of Bagirvriagi thence continuing ■lung said North line South dBo34'0In Eon M. spiral , feat= thmca South 01*24134" W■rt, 456.25 feat= thence north 88°S9-0i" Wrat, 377.83 fact to a PO lnt an K ■pieal o:uw and the East margin of JUL Corner Raadi them Northwesterly through a spires curvy to the right, the 1 chard of ahieh boars North 25001`50r West ■nd a chord distanos of 93.19 feat to ■ St■lea lilghhay.concrate 1. •� Rlghi-of-Wsy Mw wentl thence RUNa curve to the right, the center .of ■hith da■ra North 65p0105" East, 2,115.00 foot distant through a central 2`91a of 021237M", an are diatanee of 129.7.5 fa■ti thence 5eath j° ft Ma3l104a rest, 183.22 feat; tM KV North 01e2A140 East, 255.00 feet to the True Point of $agirs►irq. Mora commonly known as- 35640 Kit Corner Road South, Fodaral Wpy, Waehingten.98003. �:.5':� ti paced this 28th day of August, 1986 FAT. I STATE O! WiNINGrON, ce i•,' county at King on this 48y pacsomily ■PA■ated before IRA Martin E. Johnson and Barbara J. Johnson ';IkX +• j en rre know to M the Individual [ .Iaribad in rood who r,sloutaA eha rlthta and foregoing tastru.snt, sad sohawbdgad that they signed the any ■■ theit Its* and voluntary act and dasd, for the was and p■r'lr■sse therein WrIticnad, I allies warier my hand and official sal this � day of i i -` - _--+hip.^... ltaT !'ultl s dire the �! �!i 644 oil At C •rnl�i�Ft�C Y It try — �1 WHCNRECOt, Inc. TURN'f0: MINIMUM02 Jet Chevrolet, Inc, /19 OF 4:2 PO Box4986 KrNG2COMTY, 4JA pederal Way, WA 98063 eiJw W n JaZA QC6 111.0111 �1T8399i _ KIHGSICOUHTY 41 a PACs 00t OF 002 SAL1[ Oe -� QUIT CLAIM DEED _ Grantor. Martin E. Johnson and Barb -am J. Johnson, husband and wife Granlee: Marlin E. Johnson and Rsit aB 1. Johnson, lenants in common as the r separate estates tegai Description: That portion of the W A of the SW 114 of the NW 114 of Sec, 28, Twnshp 21 N. Range 4 E, WiIIiamette Meridian, Klas County, Washington Tax Parcel No.-. 292104-906948 RofereneeNo. (ifapplicable)' THE GRANTOR: MAKUN F- J JAM 1.1 d wife for ar,•1 in comidcraiion of TRANSFER TO FAMILY OWNED CORPORA1-fON conveys and quit claims to: _ JET CHEVgoJ,g�L INC. a ram' rnp4n the fallowing described real estate, situated in the County or KING State of Washington, including any interest therein which grantor may herealler acquire: LEGAL DESCRIPTION HERETO ATTACHED UNDER EXHIBIT "A" AND BY THIS REFERENCE IS MADE A PART THEREOF. SURJF. TTO• F.ASFMF,NTS, RESTRICTIONS, RESERVATIONS, CONDITIONS AND COVENANTS OF RECORD. DATED: _ • MARTIN E. JD 50N L J DATED: ra _3 �y�t�fc�-{1 cart .• BARl3ARAJ.JO State of Washington ) )sS Countyof King ) I sere[fy that 1 know or have s4asrectory evidence that Martin F. Johnson is the person who appeared before me, end said person acknowledged that he signed this instnunent End acknowledged it as his free voluntary act for the uses and purposes muntioned therein. DATED: III ENOTARYPUBM C. Gmy Na Aubl c residl%at CommisstonExpi� Printed Name:State of Washington ) t RE Countyof King ) I ccnify ihaL t know or have satisfactory evidence that Barbara 1. Join'= is the person whc appeared before me, and 1 said person acknowledged Ihal she signed this huu-urnem and aduinwiedged it as her hae voluntary act for the uses and purposes men iioned Lhereln. DATED: le `A�`� r r ej r� r. Public residing al Coisun.ssion Expires: Printed Name: siati.. oil .Qfi tr Y PUBLIC m. Y h: o 10 ■ CURPA MVMZA OCD EXHIBIT "A" LEGAL DESCRIPTION: PARCEL A: 9.00 1990081201654 PACt.' M2 OF bEZ KING COANly, , UP THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE NORTH 89936' EAST ON THE NORTH LINE. OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, 657.92 FEET; THENCE 0°09' WEST 255.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0909' WEST TO THE INTERSECTION OF THE EAST BOUNDARY OF SECONDARY STATE HIGHWAY NO.5-D; THENCE NORTHWESTERLY ALONG THE SAID EAST BOUNDARY OF SAID HIGHWAY TO A POINT WHICH IS SOUTH 89°36' WEST 382.65 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89036' EAST 382,65 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 4984581. PARCEL 8: THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WESTERLY MARGIN OF PRIMARY STATE HIGHWAY NO. 1 AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED A P . 1717 EASEMENT ell L=54-11 &52- THIS - INDENTURE, made this day Of... U, h and m-DAe,...Havorth.-husband.-and-.,;- wifojLnd..Olo..A..,,.SiAt-tevold- and AVA �o't J! LL, -husbanx! &L4 SJ # t. t&%rPLd,... hus!aand..&d'.,wif s .-WI. -Pi `SOUND PiA15, -LIGHT the first part; Fuq,m ,f compAgy; ti•,ht&S]il'dcJtuaeLt% corpirallon her4indItePcifildd LIM GrIA11100%, party of the secario.,partl. WVXNEiBZM' Th at't he C r a Atair a . for and in consideration or LNe imin of o ind n6i/196 Dollars ($ One 'and other valuable considerations, receilit.of which is hereby acknowledged, heroby and Sian to the 0 rantec 'its Sur cck s-scri-i i-nd-&-siglia this riglo 1, pr J vI J clit; a lid iilthOr I ki to - CC R ution AlAk:i Inn LIP rnls24on arid.distrib !ftr=V, ere�ev, prove; r aii, operatAck awl -maintain nn,eloetrk Leans o ry brzmeas,_Smiys .Pod anchors, an4i to place lind. e6rfsS atf ng -of �a-, AAW Palest with itecimssa I -- apoi 6ir ausp6nd'-frorn such pales transzrdssiorif distri6%ition said Blanca wires, inglilator.s. cross -arms, 'Aringfortnirtia and'other. nacesoary -or -onvente3it cmppurtonsnces, across, over and ilpor'Ahe following dsate diVashingtodcsccibe� liadsand premises sitilatOd in'Ihe C iti of -.4ins-- - ------ r.. .portion of the west'half"of the 'Bouthisitquamr of the northwal t quariair of Section 28, Township 21 North, Range 4 East, W. M. described Asfollowsr ''Raijinnins at the interesection of. the northeasterly line of Secondary 4 -,,StAt& Highway No. 5-3) with the northmaiterly line of Primary State 'ftighjjy No. it thence northwesterly on said northeasterly line.og said - secondary state Hubway 253 foot, thence through an angle of 909 to the tight a distance of 25 feet, thence -southeasterly pxr&IL*l iiith the . . . . . . . . . . . . . . . '-udrthaastsrly line of said Secondary State Highway to the said northwesterly ling oi,primary st--te Highway'No. 1, thence - southwesterly along said Aar . th- ; 1_7 Wastorly'lind to the point of - beiinninS. 'The center Iti'a'northweatfirly and moutholmotarly'41rection and consisting of sdre o4arhang, together with one anchor and necessary guys to be located mis close as practicable to the nartheaiterly fins thereof and &Ppioxi. 1,y ?11Al2 �13'#*Xy Highway No. �1, ly Atoly'40 feet northwesterly of Primary State ftighw&Y No. 1. 11 northwesterly Together with the -right -of Ingress to and.agrazi; from said lands &rross adjacent lands of the Grainto - changing, patrolling for the pdr`riosir'of constructing, recon:;trmctfago repairing. renewing, altering, and operating sikid line -.and the right at any time to remove said poles, wires and appurtenances I rotim, q said lands.' -Also the tight at all times to Clit all brush and timber, and trim aii trees standing or growing J_ upon said lands which, in the opinion of the Grantee, constitutt, a menace or danger LO 4AId line. The heirs,, sucressarrt or &&signs, covenant. and agree—smat to du any -blasting or discharge any explosives within c, dist"ce,of three hundred (3011) -feet or said line without 'givine re &s6riablc Acitke in writing to the G rantect o Its, suCcc ssur s or assigns, or Intention so to do, 'The• I as the rights s and authority, hereby granted shall continue ftild- 1mv ill. rorce until. such ttmtt - its w1ccessors or assigns, sh�IZ permarmidly remove said pule s, wire:; and Appurtit- nance fro*Csnld'landr, or thul I otherwise �armljiientlY abandon avid line, imL which tim, all, such rights.'pri vIleges had authority hereby granted shall. Larminatu - T9 VITNIil8& 'WHr-REOF. Lill& limstrurnent'has been executed the day end year first above written. riLtan. 12/U-11 OV 44)" J1, %4.7 77 - L _J fheA UD -cs prik, 6 u M301 Red bYV9 c- 6L NO EASEME•.NaT The undersigned,.. JA%O R. PC]t:7M and.•LORRAINB V. MMUER his wife hereby grants o _r , A as corporat on, the right to)Insts?i, uaa and maintain ono guy wire.. a" -one anchor en that certain real -property situated in the County of icing, State of-'lirtshington, described as follows: r-- The most westerly 11 feet of the south 5 feet of the north 430 feet, as measured along, parallel with and at right angles to the vesterly line of the following 'Cr described property: rt{ That portion of the West 1/2 of the Southkaat 1/4 of the Northwest 1/4 of Section.28, Township 21 North, Range 4 East, W.M., described as follows: Beginning at the northwest corner of tba Southwest 1/4 of the Northwest 1/4 of said Section 28; thence N 89*36' E on the north'lina of -said Soudumt 114 of the Northwest 1/4� 657.92 feet; thence S 0609' W 255.00 feet to the true point of beginning; thence S 0 09 W to the intersection of the east bou>dary of Secaubuy State H &EY Na. 5-U; thence north- westerly along the said east botndary of said highway to a point which is S 89*36' W 382.65 feet J:ram the true paint of beginning; thence N a9 36' 'E 382.65 feet to the true point of beginning; E>(CETi:that portion conveyed to the State of Washinpon for highway purposes by deed recorded eider Auditor's File No. 4984581. The rights herein granted shall continnl until such time as Grantee ceases to use the Right of Way for a period of five (S) successive years, in which event this easement shall terminate and all rights hsreuze-or shall ravert to Grantor, provided, that no abandown t shall be daeraed to have occurred by reason of Grmitee's failure to initially install its facilities or. the Right of Way within any period of time from the date hereof. '+ The Conparty shall have access for the -purposed stag and shall he responsible for damage caused by negligence of the Coapany. VMe terms shall be bindin upon the 4 successors acid assigns of the respective p . DATED yl ' ones der Lie aIi ter As a condition of this easement, it is understood that in the everFr. said anchor and guy wire. icaily interfere with the.jcM*Msl dnlopment of the property, Grantee wi11• rrith�60:�ctsrs of Mp4pt of:.xxk#pn notice of this facts " its~said facilities to a r6utursl y agxgeahle location a an'UAI. ropSr : STATE OF WASHINGPCN ) ) ss. OOIM'Y OF KING ) On this day personally, appeared before roe Jwm R. and Lorrain; V.. Bonholzer to me In= to be the individuals described in e"Cuted Me sac foragoing instruneat, and ackmwUdged that sipad the sauce . as their free and voluntary act and '►lead for the uaesahZpmposes therein mantione-T--/ GIVEN under my ha►d s.,�d official seal this ►t ` day of i/M c in 4ni r tia6 State of IYashing,ton, ;rA '•�r residing at 196 5XC-615LS Yoz Not Ra4ufred r r • 01fice of Ring Cs. a`, �rcller l � �, gy�,,,�.•+•��r DePy� A_�6855 QA. KN ._s':::—ter.—..•......— 9 � �| _ - � \ � . \� © • / � �` / Remid at -HWW of FiLED FOR RECORD AT REQUEST OF GE P T POWER U E VEAL EST,':F P, a. Boy, 3158 s.L.Mrl, WASHINGTON 98009 LTTM101j: ROWARD j. STRONG 4'' �oq If FILED tor Record at Request of EASS!lENT FOR WATER FACILITIES 6p THIS AGR88MBNT by and between the Federal Way Water and Sewer District, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and SET CH_ _yR4 , #' C. hereinafter termed "Grantor". WITNHSSETH: That Grantor, for and in consideration -of pne Dollar or other valuable consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee; An easement and right-of-way for water facilities and all appur- tenances related thereto, through, over and across the following described real property: That portion of property included s.t;:hin the limits of a strip of land 10 feet in width lying 5 feet on each side of the centerline of the water main con- structed in the property. described on Exhibit "A" atrAcbed hereto and by this LD reference incorporated herein; �• And.also that portion of a strip of land lying 5 feet on each side of the centerline of water service lines lying between the water main constructed in the above described easement and hydrants and meters; - And also that portion of land lying within a radius of 5 feet from the center of each hydrant and meter served by the water main constructed in the above de- scribed easement. RECD F '.04 CRSHSL 8..raF: F?. 00 ' l3 Grantee and its agents, designees or assigns shall have the right, without prior institution of any suit cr proceeding at law and without prior notice to Grantor, at such time as Grantee deems neces- sary, to enter upon said property, by foot or vehicle, for the installation, repair, reconstruction or maintenance of water facili- ties and appurtenances without incurring any legal obligation or I liability therefor-', provided that such shall be accomplished in a i manner that existing pr'.Vate improvements shall not be disturbed or destroyed, they destroyed, or in the event that they are disturbed or W will be replaced or repaired, as nearly as is practicable, to as good a condition as they were immediately before the property was entered th upon by the Grantee. C 1 VISTA OHRVROLF^ � f Agreement No. 86-256 E •�ry'.++f.� t�iJawJu-l.rf...:..Ir i �.. �• .�l'Af trees or Grantor hereby agrees that no building, wall, rockery. structure of any kind shall be erected or Planted, nor easement area. any 140 material besplaced bewithin w he boundaries ee feetfofasaidawatertyervce No excavation made round within the easement ln facilities and the surface lere le the g existing. area shall be maintained atniseviolated,vation atheuGrantee shall have the the event that Cris provision shall right to require removal of any 51 iodrofttime aand $a'teGrantor's accomplished within a reasonable p" uire expense. Failure of Grantee to so exercise its right to rPq Y removal shall not constitute waiver of this right. Grantor additionally grants to the Grantee, its agents, '. designees or assigns, the use of such additional area immediately ad5ace:zt to said easement areaas shall maie re ntenanceand goperation ofuired for esaid water construction, reconstruction, A service facilities. The use of such additional area shall be held 0 its a reasonable minrmd nnan by Grantee: or um and be returned to the condition existing 1f i immediately bef�=' the property was entere 1 �^I agents. } This Agreement and each of the terms, provisions, conditions and covenants herein sha11 be binding upon and apply to the benefit of {;GID the parties hereto and their respective successors and assigns. DATED this to day of STATE OF WASHIRCION iss: County of King E certi y he t t E know or have satisfactory evidence5igned t L ,rx, and .r- �= were authorized to execute Land instrument, o oath stated 'that they to instrument an acknowledge9fit as th�PaXtY �for�aus�j-snd �P°ses be the tree and volu�ry act of such mentioned in the instrument. DATED: Nytar Public Title My appointment expires { ti r�- , is � ���� ' } .. i� •, s ,•lr. y' 1.. • \l�ll k. J CAI— pp•• Y• • �_ •• r~i "���'".�•.--���x.ilZ" :e ^n'ra�kdsxa.`hai. _ •-ml> '.VROLET VISTA C. 6 Agreement No. 86-25 EXHIBIT ►31 I= 'y LEGAL DESCRIPTION t• �' PARCEL A: s � , THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THc NORTHWEST ,4UARTER OF SECTION 28,-TOWNSHIP 21 NORTH. RANGE 4 EAST, WILLAMETTE ~N�RIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED A5 FOLLOWS: ftlTbarNNING. rAT THE NORTHWEST CORNER OF THE 77UTHWES't QUARTER OF THE RTHWEST QUARTER OF SAID SECTION 281 laTk&E E NORTH 89 DEGREES 36' EAST ON THE 'NORTH LINE OF SAID SOUTHWEST 71- •�711AR1 ER--aOF THE NORTHWEST QUARTER, 657.92 FEETj �04 E''wTH 0 DEGREES 09' WEST 253.00 FEET TO THE TRUE POINT OF ^- •SEOIN�i•INO� !rj THENCE SOUTH 0 DEGREES 09' WEST TO THE INTERSECTION OF THE EAST BOUNDARY 3 OF SECONDARY STATE HIGHWAY NO. 5—Di THENCE NORTHWESTERLY ALONG. THE SAID EAST BOUNDARY OF SAID HIGHWAY TO'A POINT WHICH IS SOUTH 89 DEGREES 36' WEST 382.65 FEET FROM THE TRUE POINT OF BEGINNINGi THENCE NORTH,89 DEGREES-36' EAST 382.65 FEET TO THE TRUE POINT OF _ BEGINNINGi t 'EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR j HIGHWAY PURPOSES,BY DEED RECORDED UNDER RECORDING NUMBER 4984581. PARCEL B: THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WESTERLY MARGIN OF PRIMARY STATE HIGHWAY NO, i AS CONVEYED TO THE STATE OF 3 WASHINGTON BY DEEn RECORDED UNDER RECORDING NUMBER 49835w. a • ry S ny page One of One [ 4 '• �• '•'4S. $.G'.t-1�:5[...._ �.�.+, a.c..c-.mslr„•�. - - - ., �� _.�_ _� - ....-... -` iTii�,M�16lf IN ORIGINAL EASEMEW FO)t UNWERGROUNQ ELEG'i R1C BYe F&YI 00iI�lEI? For and in consideration of one U011ar �Pt($1.44] and other ymfl.e considerations■ the reoe,ipt of which is hereby acknowledged MARTIN E. JOHNSON and h3ARBARA J. �YDANSQN- •h-usband and wife ' ("Gronlor" herelnl, grants. eonveya and warrants to FUGUE SOUND POWER & LIGHT C01%&ANY, a Roll/ n cod- paroma ("Granla " hsrsln), fnr the pntpaaes herolnarler nutit forth n porpelael aneortant antler, "crass+ av {ha [ol• laving descrihod row property Ithe "Proparly' herein) _' �unfy, Waehinglau. s s i ydnr n, 7 rV c r r SEE EXHIBIT "A" ATTACHE] Tlf 1 O eB�i1fD4 #1343 G t RECD F 7.40 } rpSHSI_ **,s417.00 l Except as may be alb@rwisu eat forth herein Cranlea's rights shell be exerclsea'd{ldrf that poellan of the Proparly (the "Right -of Way' hotel A) deset 1J •,d as follows: 5 d A Rlghl•u[-Way lt] fast in width having u' of auch width an each side of a center- line d^wrihed as follows: t t The centerline of Grantee's facilities as constructed or to be constructs , 1 extended or relocated within the above described property.- . } tits; C0.1:. : ,•� y S• parpm. Gran too shall have siie rlghi to canelr"A aporate, maintain. eepr+ir. repploco and enlarge ol. underground l.•cl:+r: !rnnamisaian and/or dislrlbutton system upon and ondnr lbr Ugbt•,jl-Way lgethor wllh all nacnssary or convunl,:nl Alt• ppurlenancss lherefnr. which may include h..t are not limped to the following. undorgra and cnndsslIs, nobles, consmaninatia•n etrtclinn elf fs [sctlh ea6Grnnlee And I may f met menu timand e ovnstract suchor 'nddld moo fa dliuso.asuit moo require, [Owing inlliai cart' Areas". ^-rantoo ahclI have the right of srco"oases the to the Rlot•of-Way aver Dad othe pro arty to eroblR Gran Ian I oxer- clee Its ripho here andor. provtdad, that 0tonMe shall compensate lGrunter for any 4arnage. to Thu Proparly rauend by Iha oxor- clee of Bold right of nocaes. . 3, obomctlonst Lsudwaping. Granlan finny fmsn tboo to ilmn rdmove trona, hushes. or other obelrualions within the ROt- ar--Way and may level and grade the Rlght•nf•Way to sins axhml reeannnbly nacussary to dstrrynntythe pltrpnse.: set forth in pnrograph I he' e oUf, provregnte the ided, that rnllaw inR any sulnl�C Ka�rkiFolln v nhgt t7i t lnslR(!o Innh"f Graniaraorlunderksuund glg}il a{_>Yay Iu the nandltIon it was lmmsdistaiy prior raclii lles. G y to r rr a v snuer laks a ny ordinary l m p ravamr. n In to tin a land gauping u[ Iire Ripju•of• W ny. provtdasl l hat no irctts r.: at plants Anil he placed Ihetaon which would be unrrtusrnnhly expansive or imprntlicol far Crnnlee to retnnvd and ieestoro. i ur ow out Ioton"lonl wllh { 4, Graulor's Live of Rigttl•ef-Way. Crantur resemms the riphl to usn the R�ahl e!•Wey for any p p the righs heroin ;ranted, pravlr}nd: !het Grantor shall itat non"lruel nr malnlln any build loll Of saber ets wrs an tine Right• of•w-ky whleh would interfere Alb the Nxerrtsr. or the righIA horotn hpppranted. that no digenp, larrtaling or othar farm nr een• pro' Hight-ol Way up anrinngeriThe [A local auppan to aaidl fndilll dud and that nn hlnsiflnR shall inn done with n fie fe ai of Iha lilrhl�o[ WLY . y l 1. 8klsre ty Hy accenting and rewrding this easement. Maniac rwn Y�fch snag kre csurud by ho Graold ntee s e„cruise Pre a thn eifr *MY i sod all clu!mafor injuriasancl/ordorngo4ufr•redbyany pe herein ganted: proviaed, that Grsntes "hall d be taeponrlble .a Granlur tot any Injurltiss and/or dumsges to Any Psrm caured Gy ease at amisaiaas of Granlur. e. AbW-*PomeM. The rlghls herein ggrranted shall Conti nun untll curb itmP.. es Grantee a e es In c-a Ihr. Riphl-of-Way fnr e I PaliA of Irve 151 surmstve yunrs, In %Y lrh event this nasemnnt Shall larminato and all right" horaanderto rnverr, h Gran- ter, provided Iha/ no abendonmslol shall he d d a( ime facto the rr u barest. n of Cranseds fai}ury in nitlalSy Snslsll Iha s fectlldoe an the Rtght•nf•Way withla nnY p 6staoeesars sled Aed". Thn rights and nhllgallnns of thn pnriles Abell Iota. In iliahonetll or and be hlnding uptm their reepeetiva sarcrnaore nncl ass!Rrss. 1 FILM1►-1716 l�Coo1FILMFW RECORD AT I%EOUW OR 8608391 2:1.4-110 RKI*T �" rnr.nas IICA>. MATE 01V!>K" Aj'ii'1' RICK DQWha '" • , wAE4�1gM logeal ID _ � � �•. � tfd�'=��.. day aE—..��.0 I.� �_..�__. N E. �Nsal� JOiaps JF _ ! SA61 OF WASHINGTON 1 FS j COMITY OF i Oe thia'day personally nppnamd hnfora me NAIiTIN E • JOkiN$ON and DA1iBARA B . �OHNSON to me lmrnvn to he the Individual 9 _ dose abed In and whu nxarutcd the within and foregoing instrument, and acknowledged Ihnf. silmad the anrze as tT1ey� fray nad voluntary act and dead Earl -he a�sne�andd pur;+osas thoreln mentioned. 5 GIVEN under my hand and off(ol �t� day of � 7�! ' -- ' to 86 4}'i4r. �. ��iiy''�'!.. 1 .. ■ A .' iG-r'�YYi/11] f Inry Publlc t d For Ike ime of Wasbinglon. Y ' [ding at _ — ATE OF WASHINGTON )y'�y 1s+ti�,�alt I",O[l OF On t\under y eppmnred barore me — to me kdividual — described In and who executed the within and foregoing instrument, and ac'muwledged that seuna as [rein and voluntary act and deed for Iho uses and purposrs Ihnredn mentioned. GIVEd and official seal this _— day or STATE OF WASHINGTON ) SS rOU.NTY OF 1 On this day persajtAiy ct , earnri hCfnre ma [o me known In be t!oe 1ndivIdufit — deecrlhed In an elgned Ilia same as . Erne and GIVEN under my hand and nfflclnl seal this Notary Public In and for the State of Washington, residing a1 __....�_ + executed the within ord foregoing Instrument, and acknowledged that Euntary act and deed fur the uses and purposes therein menlinned. day .—_ — . 56 Notary Puhli n and for the State of Washington, ' rosidingai f ` STAi•EOFWASHINGTON I SS CORPORATE ACKNUWLBDGM6NT COUNTY OF 1 Lin this __.__ riny of _— __ 1N _— . berpre roe. 4i� uidnrsigned. I+annnslly appeared of and _—•_—•� I to we known m bs the __ And �� the corporation that e""lle he I0re201116 inalrumenl, and acknmrledged ills said instrument in he ihn rrtm isnd voleni-* ocl and dend ai sold carparetton, for the u a and purposes therein l and acand on oelb slated that __. authorized to oxewla the sold In mant end that the i sea[ affixed is the corporateseal of said tmporalfon, Wilnem my hand nod official snot hs, ato affixed the dov Iind year first above wrlllnn. f � f Nolan Ptthllr. In and For the 91etc +. Weshingron. ` s residing at __—..—.__._—•---•----•- OF AXIA LLL ,t•. O ■ >,_ MARTIN E- JOHNSON A-1716 8608391 EXHIBIT "A" ORIGINAL PARCELA That portion of the West half of the SouthweSt quarter of the Northwest s tK carter of Section washington,TdescribedlasNorth, foliowsnge 4 East, Beginning at the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 28; thence North 89 36' East on the North line of said Southwest qo uarter of the Northwest quarter, 657.92 feet; theme South 6 09 West 255.00 feet to the TRUE POINT OF BEGINNING: thence South p049' West to the intersection of the East boundary of secondary highway No. 5-D; thence Northwesterly along t�e said East boundary a£ said highway to a point which is South 89 36' West 382.65 feet from the TRUE POINT OF BEGINN;NG; thence North 89 36' East 382.65 feet to the TRUE POINT Or BEGINNINGi tto of Washington r on fthat thereof conveyed o the Sta for highway purposes bydeed roe odedunder Recording Number 4984581. PARCEL 8 That gortior of the East half of the Southwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East+ W.M-, in Fling C7unty, Washington, lyincg tlesterly of the Wes t•tly marin of WashingtonPriary bymdeedState recordedhwaundetro- as coveyedRecordingnNumbert4983503. of FIL D FOR RECORD AT REGUBST OF: MGM r0VM REAL WTATE OMS" PUQET POWV 8=. SEME%AM WASHROGTON MOOT ATM DICK DOWNS 72-OC-3501 � t�A .CI f� • J • ,_���-f���1•� .''yrgiV �' • —�1;. � :+wiQ-• i.r♦ ... ' . hi F��a4 ^�i.'.:: '?e;�,• V. � • .• _ `.i+' .i .. •Mir _ „. 7. iEB; RAL WAY WATER AUSEWER DISTRICT E A S E M E N T i' . rr• ,. .' THIS AGREEMENT made this z� 'dayo'fj}��� 19��, ;�•-'� K ' thy and , between the FEDERAL WAY WAT.ER•. -AND SEWER DISTRICT; •a mwnicipal corpor'at'i'on •of .King County, . Wa.sh.ington, hereinafter _s''� s f 9 - termed "Grantee", and 1/11/4 "'• A hereinafter' termed "Grantor: s- WIT.NESSETH:`°,>.. _ s' )That the the •.said Grantor- for••'v41 a'bj`e cgnside'ration 'does by F, .s�tr ` ,: _•� • :'t:hese"•presents :grant ri,tb 'hieGant4.ertUa] right-of-way, o:r ��. easement for sewer jmains with_ the necessary appurtenances ` ?�v.s i 'through;. -raver, and cross 'ith•r J i owli ' :S,crYti = ,+, . •��^.;:,, a. e:.foC`1•'1-. a�g�,d'e. ^d property: �._�••• �. A.•strip of •land, '1010p'feet fn'srdYi, in the Southwest quarter { the Northwest •quarter of •Section -28:' Township .21 North, Range 4 East,, W.{y., :King Cioufrty, •Washingtod, `•the >asargins if said strip 33 1.k.M1 . lyingy 5.go.�'faet on each side of and arallel with the following s "' : , -A ~s' described centerline: ` . y: •'.. ; Commencing, at the 'Southwest•.. c•o'rner of sarf'd Subdivision, thence rurining North 102113811 E act along the Westerly lire thereof a :';�'.� • distance of 739i97 feet; thence South 88038122"'East a distance ;�;'i• of 435•5.1 Feet to a point on the East;ePly. . margin of Kit. Corner 4 Road• Soucb'•and the True Point of Beginning; Thence North 45034!'44" "East •,a:,distance;of 179.07 feet' to .tlie•:terRiinus of said centerline. CASHSL t70• y TAX NOT REQUIRED s - lifn Cn. R rds DWieton ; (-Sewer-Easement} Initials.' Page 'I. of �. Easement Na": s '• ti`..:: rirJ• .. , '.:' r7!� 4'"� i. i r • .- Y 1w r� _ 4: ,_ r-y.: u:_n'.ii� �is ::.;- . Fi7.le i A* V V Said Grmntee shall have the right -wLwbout- prior or.'any snit' or proceeding law, at such: t L.-.qs a a nay be Necessary, -said, easeofent, t or Ehe.pure po_s.of constructing, main - :dining, repairing; altering or reconstruct-ing save sp,4er saln a.- making ayty connections therewith, -without-, ncqrrLng any legal C t? 1131 t ion or liability thereforef pr.avi.. that such shall be 9, N 'C', Ing P-'-Vat '- -A.ceompUshed in' 6 ma'niter tha-.t exis.. a aVent that •t.hey are 646:t be -disturbed -of, oeit�.ojed-+, or in th- -d or *d Wat ro y ad 'they. will -.be replace. as good A C�ndi%:Cn -Y'# C 6 in, ned ia tie I y be rare t h.t. property, wa,s enzerec upor. by the B-it, as neg. a a ;rat a'. z am .:Cea S ecance Of-V.e sewer 7.a-.. 6nwe-.-.er,, ..�e Onsn:zrenz— nc-. erec —r.& sse- ul e larc and Tiais-' e-a'StMOilt 3hvshahba. it. ctvp-art: rur. o hA I. tl,a '-b�i 'ad d th ass. Ooth of a t; 0 pa,rtias •heretLo, C 4:05 t rsC�s or WNS� I NGTON-) KIN, "I adrtlfl-' •that I know 'r)r h4ye ...s.atisfactory evidence,, th.at., n t',.on A' thoriz'id to �h oath, s ti. t e d U �'--as, the ' t.h.e'.. insltrument:'da' a k, of 19o r thd- use he 30 ."R Pazt s arid d ji n. 4W, the, nstrikipen -i L A, J.- 77 No ea r y - P ub+l ic 14y. -appoA n•tt4en t, exWei. % U, Wn, �b k. 4%wla zi i.7b.2 b (lot i), XA . . Mi Vi. .4 L F. H� MU-A-1-5"M. 616M. ARRAMY DEED Ili jh,6 Mather bf P.rimag State HighwaV No.. .10 Pierce County Line to Jet. 88H No. -5-A x9ow ALI, Miff BY`• THESE PRXSENTS, Thqt the Orantorl sp.'Arne K. Strom anti 'Ama -14z'Strom, 'husband and wife on 4-ai 25,1955, and at a21,ti4ez since, for Oil in consideration of -the sum of TEN and blo/100 - - - ($10.00) Dollars, and, other valuable consideration. "hereby coriarcy dndwrarehnt to the STA7%, or. WisiimrTON, the fAowing described real. estate s,ifu- at4ht' King County, in the State of Washington: ..Aliaat. of the 'following diacrilted, Vareel "AL" lying- Southe;itaikIy of a libe drawn -Pardl161 with an&'250'teet RurthwestirlY, Yhen'farms 'right an U;�Cd. at t glee and/or raAlaU, from +hi ILE Line of Pi imary State Hi ovay Ha,'. ?1 rae Caunty 4ne to Jct. s8l No- 5-A PARCgLA". The-East'Half of the Southwest Quarter of theVorthwest-Quarter Of Sicti=k - 26, 3'o4aship. 21 -VdAh'i Range 4, EIRS.'t, hf.M. EXCEPT Dirtioa conveyed to, Kih4g- CountY. io�r road parposea. by Aced re- ',Nq. 2617W;:ANDL.3XCM�T Secondary ded.=d*r Audito' Fa;F41e cor r. State Highway No. 54 and portion., if w, oi said subdivision lying Weaterly'of said. Romy, eltuate'in the County of King, Statq.of Washington.- The' conveyed herein contain area of 15)-9h'a6ie`s Amumatma4 more or leas, ikciric=detafls concerning all. -of which are to'be foun�.4i��in_ that certain map or _t9i Director Of i wisys at fliftd locatiog -11OW of reaord and def oji' iih in-the'office of� x' Olympia;' kid' beaiing date of approval June, 94, 15g8; and tea center line of which Is also , ihown df-ratc�kd in Volume I Of highway Flats, Page 154, 're6qFds of'said County. -MOi the GrALhtors hrein convey anI wia'rzaut to the State oil -Washington all rights,of- ingrisk and- egrasjB:-(iicluding all existing, future or -patentia easements of access, light, view anO air) to, frcm And between Primary ttate"Id Shway No. 1, OkIrce County Lint to ;Tct. SSR go- 5-A, and the remainder of said Parcel "A". -ttui-'dxqieaily intended' that these: c��enanti, burdens and.ri6triciiOns shall rLM with t� e A� 0 ir a rs, successo an 'land.and 'shall forever bind the Graniz the� h i ra 6.r. ' signs. The-_-CTantors herein.reserve the right to remove. the improvements from the lands hei-an t6 persons, and' c ated wit ' aidr CozMeYad$A33tMing III liabili'ties 'anne . s Mo al at-w*: t1M until k4rqh 2th,19,59j however, on said date,, all- improvendnts yet remaining. upop,or- -partially �g upon said lands shall become the.property of the State'of -imshington and-aU rights of tTae• orintors herein to said improvements shall then cease - and terminate. • 2 effeeft 21222 1 ' � L p �vJ .;- q;— It'is uttdci'Stuvil ark agreed Owt tire dclivrr� aef titis deed is i,ereGlj tFTuirsr4il reed tlr.at. tht tarTnx r s surd o6jiyotimis hereof �htrtl not become IsiTtdi>tg Tipnri the 5[ntc of ��+asieirrgimi Trnlcat anti urrlil'rirecp[rr1 and eliprov+sd hcrtrtin i4 writle}� jar the Strtta of Wit,% ringtor;, betxrrlarlrrrt of IliuhTnrrt[s, Zr3 !#uE.L'hicf `�. Right of Way Apes;i. Dated ................ day ui...,.1�bct+abrr .... '.158 •• .' r . / Accepted and.appruvcd....�� .:•_:... STATE or WASHINGTON k ]3y_. C1+irJ REP v n�t�' _ r hliC iTE Grid' or [hc State u1 a nottzr•Wrtshiit.gttni, hrti'elly Certify t.ut u l;n Brix , it tilC•Ti7idEYrd}71ted;_w pu • !• _ . , �iC•r•pcyfertll�stpperirrd Ucfare are • kt _.IalJ of:. 2eawaber 1058`> , A%ne.. K. _atromi.. artd...Anoa._k►�' Strom tannic icnnrrwi to he tltc indiitit£tiazr� `de illstt'irltignr3 fuhn executed the. jorrveing inslrTcane t aT uc �' f'. r:r " _ 3::erl rind sakteri,tiie?iie ers._,iaiai.#.—_frcc and ��l{srlfer!!'rrr t uTrd deesl� fur.:. fi+rniirlcd{�rd t11rtt,...theY_`,.•�r pt •, . •. - thd'trs" and purpresda tfiGreiTi.nientiaiterir , :: ' •;' ' i. Girlie Tender nip! hand and.a�Jlcia1 aegj [ha daI! aid11cariasd rrl� e "•' ; ... rt - r , . ' ' •Notary AreSite Fn rtnd Tar 1116 State o1 W4441nptolr, d• : ,. Rrsidltrp at. Tao.Oma,...1Y.ash. t C 4 Q rl!„r___•__,._....R.E_.O_U_._.VOL-T OF s � 6- S7 _ 4 'r 1959 JJA!� 8 Pi8 1 09 WA1VTY 1, T�ririai Stave Highway No. 1• Pierr � �.. • � •tlt the Mader of, y' lD >y , e C ct:-1ty I..inr•.: to f f r g12; Jet, SS1i Ro. 5-h =' ' - WjZ1 kW by„TffkSE P"19kfTS;;:Thut•the C.rantorso 84900. MM72, and ►m. D. N:;,•, f�tF1ia8L'(:➢aAil$R�l'$1[:.NiiXt3'AOLOi JiQIF V. PI9i'7I.I !ad 1PLOR>d6x I.`='•; S f li:. Ii 1fD .aad�I M a .41* J. rho nra 'bar sad, &14's.IH U riiipeetivp17 ..• eN �• t ; 'tala7z.'e7 - _ "t! A17m':sad;: t, all tfo@NIP :l►p�$v"arEtwol+i'r t�d W . . . . . . . Dollars w s: = d ai:her tialuab'le considesrati e n i ' - hereiy eoatra:y 'dnil;warrant -to the Sxi►sx'or:WAsmrrasax, the following described reel estate situ- ' acted iri Kind County; in the State of- Washington: .• `Ali that.1,04Zon nA, tite..fAlloui11r iefmft5wd.Rarepl 11,1,It.ly'inp t;ouLiry;�.^sterl.y of. a !in.. ��,'r_�?e „ sixati:rt' ::rrall&I aith, atld 25C rvet aoxt}sw05t1^r],iy when m(4asprcd at• ri,ht.:.nl'les And/or !c rnii$a.tl�,' M111p' the LS Line+ Al Primmi3r'SC:il.r.•, ilf='hwssy NO.. ].,'Pi rp. •Crum;; Litlr to .int. ;4,• tyr::n - l�A!W*Z "All: Tiv-f• nor Linn of Liss fi1< xalf`ni' .Hh .iotliyhisest 11 �rtF7" of ':orti :rasa:1r:rte xr'ox aeobinn &3, lls+•rnaitir„ ! - r,:. °:' } +;orbh - nqn, e !!_ C 1ra�enoYnf 1t t17r •;=ertlliie>tt 'corn it •o f ' i.hv aotltritr t iuilrtez' ai` t11a 'rrorthlra L' ,Uaftar`of: nrici .3edtiott"29} 1' e - rtit tt c lst on Liter l.or*!i Line •ni' .' tis�te i�o 9 30 ,<. ' t: :4er�ime. 2 S 1 ' avuLiTk's t.. rTi t > isC 17-0 9 • .11 ]'Lrr b!i � l4 Wt; ,< • �- •. thCACa 5010.1f n"ongt cleat: z"i.R:7 Net kq Wit U-ne :toi'ft - =' • •�.:• -' w llktnin 4; ..`.31e • n„ t1lenCc: CPlttittuinF Sml tb 6009! 'kilt to 1 `''• .. 3ntEr,saction of Lit4 qf, ieCopc <rf 3t:lts 'theOCe A1nn ii><: `:'s mid ' 3a �.� i;ltsuiy :iw, 5-1?; vor'thKosteray; it !foun&nry of ;aid ,il =h :; .AP. d ittint` 011ch is 5011t:, y ' tag-3ast k•at 3R-Or,' foot from thr4 'tiV61 poi:at of p+sr-itt'st1r; s ; r` titenCg ifo L'n !39'3at7' 1 s :t 3$2;•115'ia1A• ta't7t tl.0 +� -o.V •be-innin!;. x _ �`'~ •;' ,"Ise-3ani4s aeinP convoyed itca•eitt caisti:in on •.area of 1800 eganrn fa -et, more or less, `: the spet3fic detail= cnnarrninr' '-1 ar +tacit --e to be f-+lino rithin that certain pan �-� Hof definite 'location now of-ecord: sad bh fi1E: 'in. t:1e ofi'ire of the Urector• of f - uiunxays at 01ppia, and tiwriiv date of approval Jun! 25, 1958, nno #=•1- center 'fine of *high is also sltbwn.,of record in Vn].=e.I of 7a-h,,A,y Plats, Pnf±c 154, records o£,said county. " AIM,'tbr. 'rantors herein convey %nd atsirrant-to the State of- :rrshinrton all rlrehts of enristing,• � �.`� r r :' �trCress and egress- (ina ludini: all. P_ filture or.r'otmtial ense cents of ACCss, - ��ivht eeu :a1sd -n 3a,) to from anti �aeta'ebn i'r mry bt•ate !?i .*.•:s' i�io. 1 _4inrue Coun - line to Jpt. &M x'o. 5-A, ,nd tit: •;'emainder ofairi P-rcel "Ale} -(Cz�PT thnt the r•- '. `' .$ f}tora shall ltave the ri-1,1 of ! d as;onaable access tcj' 3econdar; . 3t:.'.e ]ii,thtar;v ?Io. 5-P the lids: j ; itlone' smithwest!,rly side of „r.rltorst.r.?maininl,'l It.'is* ex{iries ? inteii`c;�•d titst Lhr-.a: covi pants, burriAno and restrictions aha11 coca caith , the Lind and stali forever binC Lbe ; v t,;ors, their iioi.ro, :; icces's�t:: or as3i:;na. ' The undersigned hereby autnorii.e and instruct the Aste of la.shin;;'ton to na• the entire dons daraticn to roa69 dAwarthL : quid nho ,D.. Wavorth, and direot••that the Skate voucher i in payment. ther6f shall be' .executed oitlysaid iiosoo Haawoi't11 and Aorta D.. 11malr6h. • ' f 1 • ... t • .. ' }+ _. .. .. .. , 'wry: , 21221* ^ JA'f: .r/.i'�.'•i5. "•� C_ ^•..}: Z1-i.Y" :•.Y.•.�.f=iJ.T•.C;»: �r ^-a^. It ig uriderstoad and agreed that, the dud{very a# this deed is hereby tendered and that III term; r..�.' and ohtigaiions kereof shalt not became Zrinding upon the 8tafe of Washington iin.i,'s8 and until accepted (f; anti approved hereon in. -writing for the state of •Washington, Papartment of Highways, )r l V►c Chief. )light of Way Agent.Vol a A Dated this.,....., �;U11........•.........d, of.,._ w. gi t'7gE,._19.ra0........... ............. r •fir .. - �FII ..,i aa.......•.....•.. r - Accepted alai• approved ...._.�._..._. ,: ,.::.. r _-_ AL p'i raartvit tvx arr'Hzctsw Ys :.• • By. _,_'' chief RIQht of Way Agrntµ STATE OF WAsttsAlMN, A At • . � : .County o f I _` i'ie�ee�,.;,.:�:._._. • . 9I,. the unddrsigned, a notary public in and for the Sta a of Washir;gtan, l:arelsg .certif ll that ,on t is ' appeared bejare me to me known to lie the individual ;. described it: nr:d Wto executed the foregoing instrument, and ac•- f i knowledged'that: U?: : __ .signed and sealed the same as__t.swi::•---••free and voluntary a^+ and deed; for f the uses find purposes therein mentioned. bovetgrltxem F ;.. Given under my hand and of ctol• seal iho day and year Za a. , r r • :r — Notary jglk in and for the State,of Waahirtpton. £ Realdinp at... ..... itl_r�'x.1`i�ta..�..... _. A •e 5 3TATt: ads. 7y the vndarsigpcxc4 a nobaty public in and for thu State of Was dngtms hcreter osrtw that an this 17th day at Lieu. ml)nr 1"7�i patrtwssally upFraasnd _ . brl 1lem la n:,nd ,and Jahn i'3 .t4 i . /ti t0 ae.kzirwir• to he T] the imit:vL a7s dead 'abed In and uho aotabuta!'the toregaiag ' JAa44U" a atflnlorrledpd .that they 940id and e a .,d the seem as their :.treo and.wlts�tau�r not tmd tlasd,' for. t e.vsee and pu:poaete hendn-mw4laned. Qiwb blinder W hand 'and ottidiai seal th• day ;arid yu;,r last above wlitten. IQL tm '•r J� 121159 <s +" t i' t • �+s•. a ?7II J .0 WHEN RECORDED (NAIL TO. rR U. S. BANK OF WASFYNGTON, Notional AWNIAloa $ 13a t Rnh Avenue, 201h R., W W W-GB7 P.O. Box 720 Scathe, WA 90111-OM SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST IS DATED SEPTEM13ER 30, 1996, among Martin E. Johnson and 13arit'ara J. Johnson, husband and wife, whose address is 357DU Enchanted Parkway, Federal Way, WA 9W63 and Jet Chevrolet, Inc„ whose address is 35700 Enchanted Parkway, Federal Wfiy, WA 98063, a Delaware corporatlon, winch, acquired trice as .Vista Chevrolet, Inc. (referred to below Indlvidualty and collecWely as "Granoar"); U. S.13ANK = OF, WASHINGTON, National Association, whose mailing address is 1301 Fifth Avenue, loth FI., WWW-967, P.O. Box 720, Seattle, WA 98111-0720 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and UNITED STATES NATIONAL BANK OF OREGON, whose mailing addreisa Is P. 0. Box 3347, Portland, .„ Oregon 97206 (ratarred to below as "Trustee")L- ` CONVEYANCE AND GRANT. For Yaiwols censlderatfwf, arortor convaye to TruaMov in IruM with power of safe, right al entry and poseess%on and for the benat9t of Lender as 8eneitclary, art of Grantors rfght, utb, one Interest in and to the following dawftad real property, together with ail adsang or $Lrbx equenhy erected or atrnad buildingsr Improvements and 4xWre!7. a) easements, rights of way, and apputenancaa all water, walar rights end ditch rights Cricluding slook in utfi€hes with dllch or ledgaAon dgNs); and 9 Other rights, myattia9, and protlis rataa l0 *a real property. rndudtng without nmPuttori sit rntneral,, all. gas, 990tharmal and singer matters, located in King County, State of �hlash{ngtcn (the "Real Property"): Q See Exhibit "A" attached hereto and incorporated herein. The' Real Property or Its address Is commonly known as SS700 Enchanted Parkway, Federal Way,.WA 98063, The Real Property tax Identification number Is 28210&4069-08. Gr inlor hereby signs as sacwtty to Lander, MI of Grantor's right, Uite, and Irit reet in and I slf leases, Rents. end pro% of The Property. This asalgriment Is recorded in accordance with RCW KIIS.{!7(i; Me lien croaled by this assignment Is intended to he spook, pertedled and cheek+ upon ttia re wiling of this Dead of Trust. Lon der grains to Cuantor a license to Gd+ad ate Rants and profits, whioh lice rue may be revoked at Lenders opftn and shall be ataomatteally revoked upon aecaleradon of al[ or pert of the incabladness. DEFINITIONS. The fottwiving words ,hill here Itra toaowing meanings when used In Ihls Used Of Trust Terms net otherwise defined in this Deed of Tr issi shed have the meanings atfnbuted to such terms to the Uniform Cammercial Code. Allreferanoes to ddfaramounts shall mean amounts In lawful money of the United Stales of Amatica, Bawriciary. The word BaneSielay means U. S. BANK OF WASHINGTON, Ngdpnal Asw.lall,n, Its sucoasspra and assigns, U. S. BANK OF WASHINMN. National Assoc lstion also is referred to as 1endwl I04is Deed of Trust. Borrower. The word Borrower means each and ewdry person or anthy signing the Note, Including without limitation JET CHEVROLET, INC., Martin E: Johnson and Barbara J. Johnson. Deed of Trust. The wads mead of Tnssr mean this Deed of Trust among Grantor, Lender, and Trustee, and Includes without timitailon all C) assignment and seeurlty Inlarost provisions retatlng to the Personal Property and Rents. O Granlor. The ward ' Graplar rrmnio any and all persons and enliftes executing Ihh Deed of That, Including wihout Ilrnw[pn Martin E. MaJohnson and Barbara J. Jotrrisan, husband and aria and Jet Chovralet, Inc.. Arry Grantor who signs this Oeed of Ta st, but does not sign the Note, 6 O sigrttrrg ttes Dead of Trust only to grant and convey That Grantor's interest In me Real Property and to grant a security fr4rest In Gsnnlors Intaresl , ;4 In the Rents and Personal Property to Lender end Is not personally Ifep'o under the Not& a=pt as otherwise provided by contrad or law. (� Guarantor, The word "Guarantor' means and includes without limitation arty and all guarantors, sunstlas, and accommodation perlise In c onmaM n vAh ft indebladness. Improvements. The word Improvements* meare and Includes without Wtatfon all eodsting and tulure Improvements, bulldings, strudures, mobile homes affixed on the Real Proparty, fgNmias, additions, replace(mofs and other consiri eon on the Real Property. Indebtedness. The word Indebtedness" moans all principal and Interest payable under U Note and any amounts oxpended or advanced by Londa to discharge obl4niions or Grantor or a"nses Incurred by Truslea or Lender to enfcn:s obligations of Stanlor under this 0%®d of Trust, togdher wM Interosl on such smouois ss prduidod in this Deed of Trust. f1 Lender. The word "Lender means U. S. BANK OF WASHINGTON, National Assoetallon, its succMers and smigns. Role. The word "Note" means the Note gated September 30, 19", in the original principal amount of $1,750,0W,00 from Borrower and any o"orrowers to Lander, tog,thor with all r9nmwals, extafnlons, modifrallore, r,tinartdngs, WW auttsdtWons far the Noto. The maturity date of No Good of Tnnt Is October 1, 2.708. NOTICE TO ORANTOA: 7He NOTE CONTAINS A YAR(ABLE SNTEREST RATE, Personal Property. The words 'Pon onal Property' mean sit equipment, lhd uw, and other articles of personal property now or hereanar ovmad by araker, and now or hereafter attached ,r aff=d to the Reel Property, fcgelher whit art &Decisions, per, and addhions to. all replacements ol, and ell sahstitc fins for, any 0 such property, and together wrkh all LssLwd and profits (hereon and proceeds (nofuding without IirnJI09(in all frzurance proceeds and nrfunds of premium,) kom any sale or other dlsppsltfon of the PropartY. Property. The word'Pmperty" meem cdlecilvely the Real Property and the Personal Property. Red Property. Tire words "Real Property' mean the property, Interests and rights described above in the "Conveyance and Grani" section. Related Documents. The wdrds'Related DvcLmane mean and include wNWul Amitalton all promissory notes, uadit agraerran>s, loan agreements, arivironmorelal agrwnrente, guaranres, security agreements, 0odga , deeds of truss, and ail other 1roilrumento, agreements and r documents, whethor now or t'sredNro*Ung, examtod In conneGfaf: with the Indebtedness. Hants. The ward "Rents' means all prosem and future rants, taw-nues, income, issues, royallles, profits, and other benefit derived from the Properly. Trustee. The ward "Trustao" means UNITED STATES NATIONAL BANK OF OREGON and any substitute or successor trustees. TiitS DEED OF TRUST, rNCLUDING THE ASSIGNMENT OF RENTS AND THE SECL*IltY IN, EST IN T14E RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND M pERrORMANCE DF ANY AN13 ALL OSUGATIONS OF 8MROWER La+rOM THE NOTIZ THE RELATED DOCUMEWS, AND THIS DEED OF TRUST. INS DEED OF TRLIST tS GIVEN AND ACCEPTED ON THE FOLLOWING TEPMS: GRANTOR'$ iiEpFtE3ENTATIONS AND WARRANTIES. Grantor wwrants that: (a) this Doerr eiTrust Is axeou`sd nt Eerrower's tequost did not at the roquast of Lender: (b) Grantor has the lull power, right, and suthonN to enter Into this Deed Of Trust and W hypothecate the fsropody; (c) the provisions of this Deed of Trust do not contiid with, or resultl In a default under any agraerrenl or oltw tmfnrmant bindfng upon Gran and do not result In a vfefaflen of any law, cog uLition, court decree or ardor applicable to Granor•, (d) Grerior tress aatab*0*d 16"Usla means of abtalntng from Borrower 06 a cordnNng bash lawmetion about Borrowers 4nam:kl wndition; and (e) Lender has made no mpro9*nlation to •Grenlof about 1' O v DEED OF TRUST R s (CoWmied) edrrewer fr# * tkwlahwrn star ►] Ill a SAY cow law swot Cr:t1 WfOI T'S WAfVEM (ierir# waves of I�ir daiersrn arising by reason Of anY bne Restore" or +Yuty-dASGie+ry' mw pit Lander tan trim { &ryY arCltre spr3frR [�esior, forecInsure action, eemw judoawl u eew *s Pcvrrrldsalo a m!m for da liaw i, blare or dear iarebrea Ogle' rncesa+srt! or cprl>F&ke n to Lander tM l ndd4tedness secwnd by tits PAYMBI T AND Pd Pa7rxpt SE o1Rwwhra P� h this Dee d of gi tie nzpo r sltaf pay Dead afTruaT ss llb.", due. and Bonn w and Crank r shed *CRY peridrmt all threlr raypet 5w obllpefiams under the stoic, ti*s Dodd d Trust, and ft Melded Ooct rrnha ovm�Jmend vsa of the PraPerty Sher be P� AND I� OF THE PRDPERTf. C3riir tpr and 8c rower agree ihsl Crarridr s p Wmrpad by the lloaowkee and aanlrd dh Hn Property, ibl �. Ploseesafon end UlI U off Mee 000wrnroe d in E+srd of DeleA Grantor may (a} remain in pa vet revohad daieulk foio+:V of n l rb to ills use of the he Pproperty or �h taU Property ROW ly Isnot u&W prkr0* kor qrh;u11dr kV- I MOW Daly in MMK Ms. LirwlloraMA maintain tee PrWwry Inttxentahsd pond�On and prtmpSty pa tcirrn all repairs, rgptaoprnents, and maitrfenonca renerearry b PrfrO-ft IRS vaaus Hoafdoare TW lemnVzordma Vsrda,"'t�dous aubsianaeand'i3rasSenod rsiao Ac! n1 Dead d Truk atraa haw NO Chm rrwmiraps as eat loft In �� end q�ml Eu*t nt ��� ke, aced. L. No.1�a99 t9Bt} as ertlerlderl, A21J S G 9tYdon 99Dt"et s&q• [ '7 Pitt, 42 U.S.C. CSARA'. to Hanrdette MOMeW$TrNm1owil Ad" 40 UaC. $eCI�Cn 1801, et ee4• the iiasoUrCe Conservation aria Recovery SXSW ago,, at sad•. a &W WIlpft'ebte sfine or Federal leers. nias, of F%Maforts adopted Pursuant kr eery d the tvrepaE<+g• The trerrus 7eemArpdta erar�y and'! s er nC$ Steer abP kduda, withoul Unwabon, petroleum and polmieum byipr oduds Or eery fraction thelld and esbOMOL [�e".gpWerar and %Roans to Lender that (a) M inp the period of 1 an ha rLS dlrnez wg of or �tenaeibyaany ws*n ohas been wn uas.9arrrabor% Rrr xR �s0� d , �" nrthrealened referee eT W FSe re ha seem_ as dgdoWd 17 under. about or from ate Pnoprrts. (b) Gntn1x hrea no klWADOW Of,, or ma o Ssioraae, �at10 believe �mard, disposal Moose, or f NM660 of tiny and admrntRs�ed by 1 seder Mr wraiehk [[Y any use, a owners o< ocouparths d the H a fs} any err&3 Tat lardoile s� or VibdaricS on, iNd9r. albolil Or kd+re sire Fi'oPerly by FFY A to and adTJowl K%Jed by RataRened tyre or Cfailtea d &rH tared by ttmy i>n r&larsry tv reran matf>xs and (ej �,grept as prs+Aousiy dicrJte&d Leader kf art ing, 0 nuillhar G arlftr nor Wy Yuan!, ❑wftwW. agw f or ottw avlhodmd user of the Property shel} bee, prh di a dyf fy Shalt be e, =dry jog Withupe federal, stab, SM Mxa1 WM, repufaso+u and ardi !noes ldrlQ wEkout or from " PfOPKtY and }ho3A Amitalkn thaw obomlaws, mow, eyed prdiisrrasa dewxD�+d abcmaL eartm authodxas Lander and ts BOW% to sear upon ithe Shia ore to a the Deed of T � ►uly kits at C rnaoreS+Rrak as Linde asb' dawnke Sm b b delemnine compaarrpe of She Properly a nabi y an the W*ppco" or Rasta a% da by l+� be for Lander% pl7rP� only and shal M be can*ued to meals arty r�arr�ty ue dzpnce In Poll of UWXW IC 13willor as to arty dicer pelmm. The repraSBrftbore end Werrarrths tareGoltlOd Frerafn Rea C,rarrlor`and welvas a" Ie}ed rJelms apalrat kv tbs proparbr Tor freardous waste ante harardot►c mbst,,nm. &amar harsby tat releases and C-1) 9WO06 be kda mdty arrd hold hwreeisa Larder &paireat erly end Bl clams, jo 9 . lato sties n&Mges• pK.&IMS, end eopere wh cup Or other costs WKw any 3uc) h �ndsr m4y drams a Wkedy aatkakt a %wler rs%*V ftm A teraad htithe ah s seclitrt of Dead of ?nest or as a ooresequen" of any nee, pert rstien, manuia` Ire i, CarWs WwA hors UVAM b] enine rr. 'rho prnVteiores 011 V seck7n of the Dead v1 Trust, I obfWRon to Inds nankS , not lsholl e M vane was e pilwwrit OR the htdebladnerex and be aaesfscifore" of the IW4 of Ibis bead ofTrust end shall not be &Betted by Lenddr+s 4 &oq dAny kirlwal in" property, wtrfhw by bmdosure or atFarmse. - Nehsrre rflai QartWr ateea not =U o, ov*d tar parr a any flursanca nor commit. pannil, cr Toiler aryl' ahippin9 & or waste on or to the P WFIY or any Puadrs d the Property. wtit M IMnq %a poneraW of the "Ong, Granlar wit[ net remove, or creed to any other party isle Q rlQtrR So retshart, &r71irrlbsr, lmrrdrais Cuero of am flee} sop, gravel a mete Products wlthotrl the Pnorwrdien oon mM of Lander. p Removal d hopmrotl� Gnultdr anal not danwAsh or rwnove any Improvernwts from the Raai Fh dperiy 1r lhout be peer wriden calisai d t*� Landw. Pa A coraAtlrt 10 fie ramOW of any SmyrvveneeFFis, lender may require Grantor lv make arrarggmurA5 aer+rldory to Lander to mplace carte krpa>r+e 405 gist worovermand Or at lest equal Valera LeaiN aw le &rkr, Largior and ft Spank and rape ^wy enter upon the Float RaPartY at all eessoroW T ae to smered to Landers Irhtwaeiaarld to haPIld the ProPaty for p of Gmnt>aret tompttxrece with the herrres and CdrsrACbra oh a*17ned of Trust Crratpiirrpa w!r GavlRe node! RO*Wam&ft Grantor sheaf PromPOY Comply, and shalt promptly cause eflmpWte by al[ aperrfa, %nLr b Cr ethr persora or OCAW t Of ewY rratue whahmmer who rant, Ielrae or olrerw[Ae use a acvupy the property In any manner, with a4 laws. or*wgeF, wall eegalialiam now cr heroahr in Merl. OR el poVerrurlantal au[horlsee appaeabia to the use Cr o=panty of the paparly, irraudrlp wRlatrh 1krl2etlon, tha Americans With ❑oWAIW Ad• QMrkr may conkst to good lath any such law, ordnerim oioet 4DOOa d withhold cw4*Lnoo dLwtfV 1u+rd Y proea&d<rtp lreCTlydfep eAPrrrprtRS9 appeals, so ipn9 as Qr$TetGr t as nottffed Laf der In wrtdnS3 P so km as. in Loroar s role opY j, Lerdgrk iri lusIS in dha Property era net tavpardubd. Lender may raquka Gramor 10 past adereualu s"C" - a suety born},, rassons6iy OftWOCY to L W drrr. In protect Lender's Int"t. those S acts o rill abanPrQkKLI M V@C SP+w% nearer to rtben= nay fans u F Handed Srty property. Grant re reasonRh y orSho do naowAary to all lCIW pmW and' InVOod a the�Proprty So lutfe aActie fR thk sat#ora ranch from tie dwrethr end use c llte i6%j [ aA Uza secured by I* Dead Ct 7rild 01K OM tiU E- COUNW RY LSHOM. l.errdar may, et is oPkm, N dadlhre lmntedalctY due and PgYRt suoil atlher eoreatlow u iafrdar d {b) ieppro r its aria ftIneo prtrsl ina to in BIe ut the Landerorotheir �Prior wtrttt"rm DorAW'.ng 0i cM Part W Vl& float Property. or any ;nkrest in the deems opera, A upahl to Site n w* lee, wfll+otrt leard Prof7trly� A'MirYt tr haseia" mRiarC the aomeyarrc& of FIBaI Prohxr.Y or any rRGh1, tlee a insert thersfrr, whetter 1o6a1. bane6dal Cr e0ultabf� 1YhralTlfe 1M174erY[y t: Mlle tell sela, dead, Rns�Ramant Sala tdRh'HCt, Land cv.,540i. Ctrlkild for deed, leSSeh {d lrilrag with a Wm sirssiw than 7Tsee {31 yaws 1e+ a o�orrlrad. or by +pia. �n�' or Nvks 3r of arty bangfiiC3N IrA red in or to arySand trW iota p Rhea to the Heat tY cc try taxi 01 W Method Of 0WWY1r= of Real ploSxMy Interest. if arty Grantor Is a CtrPpr60n, partnrshfp a trn tad aRbiTny obrel, y, seemly ehio indlldnG eery change 1n i wnarsliP Of more than Avanty-fee peroern (25%) d the romp , putwrshp inisush W grrrlod kbwy earnpwrry Inlantkr, ale ttr CHOU array be, of Grantor. Hoe+aver. this option etas not ba exercised by Lands if soh a is p nhih led by hadrat haw or * Mlaahiq*n Harr. TAM AM LEIS. The t tG prowWons retaarg to the taroee and lens on ties Property era A pert d thLs Deed d Trust.nciudfnq water and Pel}aalrlt Oraaaor steal Pay +►teen do@ {aid On all avwft prior 1v daanquencyl a t:s' speck' Wuns, air. chsr9r a p Owl Rhea and Mhpcefitxra fevrd Spinal or on aawAd of the prowly, and shal pay whenue . dall dakaa tor• work done on or for sar A= LaYedw wxI fie d + loft �t mvelot W Rbe lend td,m am aasses3mar s not DUO aandd aexaePt as ate Provided in l °f nq pea* o�w or lxzual to the7n nkir go d FkN To C7rrellrsf plwtMar rreAY wl!?rtldd PaYrnerr! Gt Herr 31u4 n arises ale fed s9is a resat aT napaYmen# CSr+nGx stu+A 44 pay, so kxV as LendwIs kftm t in the Property is not jaopardraed. menW, a iT {tbl days a!tr the fen driers a, Y a Ill a sod, within feeleen (45) days wile Grantor has wkO 01 t�+ lice G. W " of yea f eon amausn SWNcent ragteasYd Fry Lards►, daPoeR►►Vte Lerldevcash qr a at>ncierd cprorste surety bored Cf other setvdty aaeYin KW b dedesepe ire men pkss any cdels and ailorre&Y� fees ar otter ttrargea Than cvu[d Rmr[fe a race t 4f ■ }orecioatrs shall tvry Corpses. Glrrarllw Start daiend Ski and Lardy and 5hal safsfy Any adverse 109menl heiuta party Manse LWKW w an addaf KW able a toIdle eery surety band Nn*?fed In the odnlset lor008edle9A.Dwarm aVICIOn Upoti dem" of the lams or asevSsa*IRreb art6 stta)i of P" allalt C W*Dr shell lhrnieh to t ender ttaf faCfbl'1' red t>4rwrd &tihorlas fire &ppropriak governmental dlkiul to dofw to Landet 91 soy time a written alHOarreer'd of tow taolea and sssassrna is &Oakes tale property- ' work is oornmeme . arty SeN%JHee are furriStl6d, a JIFFY Matra or opmor Rom. Csl w *a nomy Laredrir eS !last ft� n i [ 6l days betcra any rtedwYia Are xFdl� 16 aw �tiS a airly ff1ededreC %Tan, nmioridlmwn'a fiaFF, a eater flan ottdd be m aeeatrnt W the order 59rv1oss or mrAwterr. GrUrdw � upon rNgwsi ae LWIder hunch to Landa advarea asatrances saiisf4�ry to Leredar that Grantor can and wl[ pay stye eat aF VAh titpea+wosnit. PFAWMI I DAMAGE • The fdav&Q Provtrn retserrB to crowing the Property am a pert d ft Dead d Tmmi. alalfrkeaafrfea of tilwrwscs C#arks taut procure and maintain poxias of ore iraurarrae with dandsrd Oder" ooverapa endorsemertfa on a ralplecormt beak For Iha Rid hswabla %slue ao alrIng. sa irnprpoaerrenls to its Hack PnyPwtY [n Ran amtaurd suhaCter>! to as+dd aPyacxslo{+ Of eery collrotranl,� �e&er and Yoh ■ etartderd mOr lgaa GiaL!1ia In Uvw of LerL*r. Drarrior thee aaeo pfOpr� end rna rmk+ agm�feher'JIiVe penarai pity i guraim h such coWW &nlwnts 03 Lands+ may raq m wfth t wt w and Lender b" nomad as addthorW Irk u.Le In v ich Tab®iy i J J {r 09-�0-1996 DEED OF TRUST' Page3 (Continued) DV., . Insvence polic". Additionally, Grantor shall maintain in such OW Insurance, Inducing but not limited to hazard, business InterruPlim anast d bo Insurance, es Lander may reasonably mquk#, P000f0s GhSa be written rn form, arnavnts. caveragad and bass reasonably a=P%bfe to Lander and Issued by a campW or companies reasonably acceptable to Lancer. Grantor, upon equest of Lander, OU deliver to Lander from time to time the petldea or cerfi alas of Insurance In form satlsfaatory to Lander, InctWMitt stfpuiaNdm }I of eovWgg*S wig not be cancelled of dimfnishgd wtthotd ai 3aast ton (to) days' prior wriitan nabce to Lender. Each insurance policy also MW Include an ondorsament prrnlding that coverage In favor of Lander will not to impaired in any way by any act, omission or CWauff of Grantor or any other person. Should the Rant Property at any time become fccalad In an arse dasignalgd by the director of the Federal ErProrgorrcy Me naWnwot Agerxsy its a spedal 000d hamrd area. Grantor aVm to obldn and maintain Faderal Mood IrwUrance 10 of !the Went such Iha rnedm racer I* of efrad overby butt a s nvel[ Is o becomwhlchgs Is �blo. for the lean of the lean and for bria foil unpaid principal L Bianco Appflcation of Proceedr. Grantor shall promptly notify Lander at any to$$ or damage to the Properly it the estimated oast of repair or rsp:ecemanl eWmds =.W. Lender may make proof of toss 8 Grantor falls [p do so within f%an (15) bays of She adtlaity. Whether or no! Lartder's security Is Impaired, Lender may, at its election, receive ana raisin the proceeds of any In urance and apdY the proceeds to fha roducifon of the Indebtedness, payment of any Ilan affactfrya the proparty, or the rWoraUon and repair of the Property. If Lander eeets to apply tore proceeds 10 restoration end repair, Grantor end repair ar replace Me damaged or destroyed Impravamants in a manner salisfaotory to Lender. Lsndar Shod, upon sellistacioy Pinar of Such expenditure, pay or roimbursa Grarricr from the proceeds for thereasonable cost of repair or resloravon if Grantor is not in default under this Deed of TrusL Any proDeads which have not been dlsbursad within 180 days after Greif raced and which Lender has not cammiHad to the repair or restoration of the property shall be Lead list to pay airy amourd Wring to Lender under this Daed of TrusL then to pay Aoctued Tnterask and the remelnder. Ii any, shall be sppAad to the Pdnalpat balance Of the fndobfedness. If Lander Well any proceeds alter payment In full of title Indebhtdnaa, such proceeds shall be paid without Interest to Granter as Grantors Interests may appear• Unexpired Insurance at Safe. Any unwired Insurance shall inure to are benefit of, and pm to, the purchaser of Ito Property covered by thle Dead at Trust at any trualoa's sale or other sale held under the provisions of this Deed of Trust, or at any fdredoSUre Sala of Guar propaAy. Grant" Report on insurance. Upon roqu eat of Lender, however nos more than once a your, Greater shaft furn[sh to Lender a rep ad on each o&kng poky of Irisurame showing: (a) the name of the Insurer, (b) Iha Asim Insured; (a) fire amaurri of the pd'rcy, (d) the properly fraured, the then ounwo roplaoarnanI 1[aluo of such property. and iher manner of detormtnfng that value; and (a) the mcptraliDn dale of III Pdicy. Grantor shall, upon requeel of Lander, have an Independent appraiser satshe" to Lander delarmins the cash value reprlacernW Cost of the Property. TAX AND INSURANCE RESERVE& Scrbjaet to any imitalfor,s set by applicable Few, Lender may require &ardor to maintain OF Lander reserves lore payment of annual taxes, assessments, and Insurance premiums, which Msww6 shalt be Croalad by advanos plymant Of mdnlhiy payments Of a sum estimated by Lender to be 8uAsolent to produce, at least lideen (I6j days before due. amounts at;ee$t equal to the taxes, as,assMail tc, and Insurance prsrmlurtre to be paid. If Ifieen VS) days before payment is due the reserra funds era [rSuffkiBnt, Grantor Shan: upon demand pay any deficiency to Lender, The reserve, funds afral be held by Lander as a parietal daposk from Sran[or, which Lander may safety by payment of Iha tales, assessments. and Lrrsurancv premiums required to be pald by Granter as lhey become due. Lander shall have the right to draw upon Ilia reserve funds to 0SY such !lams, and Leader %hu f not be required to deisrrnirs the validly or anouracy of any Hem before paying It, Nothing In The Dead of Trust shall he construed as requiring Lander to advance other monies for such purposes, and Lander Shall not incur any MabiNty for anylhlnQ It may do at omlt to do with rasped to the reserve aoovunt. Alt amounts in the ra%-a account are hereby pledged to further secure tow lndobledness, and Lander Is hereby authorined to withdraw and apply Such amounts on Sire Indebted ress upon" occurrence of an Event of DefaurL Lender shads not be required to pay any Inlersst or earnings on *a reserve funds unless requ[red by law or &grand to by Lender In wnang. Lander does not hoki tha resenre funds In host for Grarakx, and Lender is not Grantors agent for paymanI of fhe faxes and assessments required to be paid by Grantor, EXPENDITURES BY LENDER. It Gnnlor fella to Comply with any pro+dsion of lhts Dead al Trust. or R any dct}on or proceeding is commancod that wouty rFwwrially affect Lender's interests In She Property, Lander on i3rentors behalf may, but shall not be raquired 10, take any sa am Ihat Lender deems appropdals. Any amount that Le War mrpands'f n so dotrsq wfi bear intarast at ihv rate provldad fix In the Nola from the data incurred or paid by Lander to Iha date of repayment by Grantor. All such expenses. at Lender's option, vent (a) be paywbte an demand, (b) be added to the twaetra of Iha Note and be app ofConad among and be payable with any Installment payments to became due during either p) the term of any applicable L� fnsurenos pvficy or @) the remaining larrn of it* Note, or (c) be treaiad ss a balloon payment which wilt be due and payable et the NOWS maturity. Thr1S Deed of Trust also will secure payment of these amounts: The rights provided rot in"paragraph shalt be In addition to any other rights or any re MOO" to which Condor may be anGded art occounl of the dalauft. Any such action by Condor sha7 not be construed as Curing the default so as 10 oar Lender from any remedy Ihot H otherwise would have had. WARRANTY; DEFENSE GF TITLE. The following prar"ans misling to own erShip DI the Prop" are a part at this bead 4f TRW - Title. Grantor wanantS b,aL (a) Grantor holds good and rnsrketabte Lille at me rd la to Property In too simple. Tree and clear o1 an Hans and onoumbrances other than those eel forth in UV Rail Properly descripl[on w In W Hire Insurance p01ky. litie report, or Anal title opWon itsuad In favor al, and accepted by, Londw in connection wfth ih15 Deed of Trust, and (b) Srentcr has Iha full right, power, and authodly to execute and l" daGwr this Dead of Trust to lender. Defense of Tllid, Subject to the exception In the pemQmph above, Crenine wwranis and will forever dotard the IfiCe 10 Bus Pro Party against the Qi tawhil palms of 10 Parsons, in the avant any action or proceeding is comrneaced that questions Grantor's bate or the fntarest of Tr'uStea or Lender umber br"s DOed Cf Trust, C,ranl0r shell defend ilia scion of tirafdara exrtengs. Grantor may be the nominal party tar such procaedrog, but Lander shall be wtued to parbdpate In the proceedng and to be represontod In the proosedbng by counaal of Lender's own ehneca, and Grantor will de5var, or caysa to be doWered, to Linder such instruments as Lender may request from Ilea fo time let permft such parlktpailom Compilarte Wlth Lawn. Grantor warrants that the Property and GranWe, use of the Property compiles with all edsting applicabho laws, ord'"nce i, and regulatlans of gcvarnmenfal auttrcrlKN- CONOMNATI Nf. The following provlaiarre relating to condemnation proceedings are a part of this Dead of Trust. Applketion of Net n'roceeda, IF all w any Part d1 the Property [e aaricamml 1py eminavrl domain proceedings or by anY Proceeding or purchase In Iou of caridemnation, Lender rrruy at its doctlan requtrg ]heI all or any portion of the nat proceeds of tf4award be applied to the lndabtodrwss or the repair or fast crallan of the property. The net pracesds of the award shall main the award attar payment 0 all reasonable costs, expenses. and attorneys' faas Irsolrmed ny Trustee or Lender in cannodlion wflh the condemnation, Prooeadings. If any proceeding In coadsmnation is fired, (3rantar shall pramptiy notify Lander In writing, and Grantor shall promptly take such steps as may be nacassary to dafand the adfon and obtain the award. Grantor may he the nominal party In Such proceeding, but Lender shalt be mrihtled to partldpala En the proceeding and to be represented to the prooaedlrrg by caursei_of its own Choice an of Grantor's oogransa, and Grardor wK daihrer Or muse to be delivered to Lender such Imftmanis as may be requested by I from Hma to time to ¢strati such partbobpation. IMPOSMON OF TAXES, FEES AND GHARGBS BY GOVERNMENTAL AUnIORITIES. The following provisions relating to governmental 161095, fees and charges are a part of this Dead of Trust, Curreat Tam, Fees fend Cfwgea. Upon raqusal by Lender. Grantor sham aomi to such documenis In addition to this Deed of Trust and taka whatever other action rs rvquasra4 by Lendor to perfect and continue Landers flan on the Heal Properly. Grantor shall reimburse Lender tar all taxes, as dascrfbed below, togathar wHh all orpiinses Incurred In recording, po teating or ccnitnWrig IhLs deed of Trust, including without 11mf atfon a;f taxes, fves, documentary stamps, and other charges for reoordtng or e%is1erlrg ftl}s Dead of Trust. Taxes. The fon0wbrlg shall cansiltulei tames to which ING sod on appkesi (a) a specific tax upon Ihis typo at peed of Trust Or upon all or any Para of the Indebtedness snowed by this Deed of Trust; (b) a specttic tax on Ba mwar which Sarrowsr ie atAhortaiid or sKulred to deduct from hol he NOW and (0) as spedHO tax vn aft orany plan of the indaebedness or on ppaaymen is of pelncIpal and nteresi�inadefby aorraa war. the 9ubsequorrt Tam, It Any tax to which th13 $6010n appnes Is amclec subsequent to the date 01 info Deed of Trust, this event Shell have 10G Same sffact as an Evan! of WaulI (as deAnad below), and Lender may axsrolso any or aU of IIt. evaiable remadlaa for an Event of Default as provided below un ass Grantor BRher (a) pays the lax before it becomas delinquent, tit (b) contests the sax as pramood above In the Tam and Lbws sacRan and depm1b wffh Lander cash or a sufliCfant aarWilts stunry bond or attar SGcudhy aal lkctory to Lender. SECURITY AGREEAERT; FINANCING STATEMENTS, The following provisions relating to this peed of Trusl as a security agrsernitnt are It part of this Deed of TrusL Security AaMma t. This instrument shalt Coralula a Security agreement to the extut any Of the Property constilLAW Wwas or Other personal property, end Lender $half Nava all of the rights of a seamed petty under the Unik= Comtnarslaf Code as smandsd tmfn time to dnie_ Secudly Interest. Upon raqued by Lander, Grantor 00 execute fbrendng staternarft and fake whatever other action requaslad by tender to paled and continue Landers sacurdy infarm I in the Reeds and Personal Property. In adddlen to recording this Deed of Trust In Ina real prapr7ty records, Lander may, at any time and without NNW authorUAHon rram Grouter, ate wracuted oounlvrparle, eagles or reproducbcAs at this Dead of Trust as a financing seaternard. Grantor shall reimburse Lander for 0 arpenow Incurred in pe Ddng or coMinubg ft security Inmresl. Upon dorkuh, Grantor shall assemble the Pvrsonel Property In a manner and al a place reasonably aorrverurerd to Grantor and Londar and Tabs II ava>:abte to Lender within three (3) days anx racelpI of wftan dams nd from Lender, Addresses. The malling addresses of Grantor (debtor) and Lander (secured party), from which Information concerning the security Interest J DEED OF TRUST Page 4 • 09-�3�1996 —1 (Continued) granted by this Deed Of Truss may be obtained (each as required by the LMlform Commercial Coda), are as staled on the 9rst page of lilts heed of Trust. FURTHER ASSLVRMMS; ATTCRHEY-IN-TACT. The following proviSlons r"fing to further assvrarms and ahprnsy-in-fru1 are a part Of this Heed of Trust. Further Assurances. At any time, and from itme to lima, upon request of Lender. Grefilar wig make. ED=uta and deliver, or wgl cause to be made, a%ecutsd or derivefed, to Lander or to Lender's designee, And when requested ❑y Lender, eausa to a W filed, And at mot led, or reworded, as the crane mesy he, at such times and in such 0iftm and places as Lando? may deem appraprt y iostow- doeds of trust, security deeds, security aWwmarrh. 6naming state mots, continuation statements. InstrumanIS of torthor assurance, cartfticatae. and other docurnants an maY. In The seta opinion di Lender, he necessary or desirahla [a order 10 eifFw'tttefa, crnnplats, partael, conl!nue, or preserve (a) the obligations of Grantor and Btxtvwer under the Note. Ibis Deed of Trust, and the Ralaled Documents, end {b) lire !tens and security Interests ore" by tills Deed of Trust AS first and prior feels on Iha Property, whether now owned or horaofter'acqukod by Gra itor. Unless prohibited by law or agreed to the COAh' ry by, Lander In wrnfng, Grantor shall reimburse Lander for all cbsls and a"nsas Incurred In eonnactIoo with the matters referred to In this paragraph. Attemeyan-Fed. If Grantor Fars to do any of the things referred to PA the preceding paragraph, Lander maY do so fu and in Ih0 Haute of Grantor and or Granices expense. for Such purposes, GiAnlar hereby Inoa evobry appoints Lender As Grantors atlormy-4n-fact for the purpose of making, wacuanq, delivedng, Ming• retarding, and doing All ether !hlngs as may be neres?ary or dacfrab%, in tender's sale apnlon, 10 aceamplIsh the rnafters starred to in rho preceding paragraph. FULL PERFORMANM If BorroWgr pays an ne Indebtedness when due, and atherwlse parforrr>ss e i the vbligaHCr9 Imposed open Grantor under Inls Deed of Trust, Lender shlt[t exadllla and EWhrer 10 Trostae a rooluesi for fug reconvoyanGe and shall amcute and darrvor to Grantor suitable stalerrarrts of lermrnadon of any ttnanc[ng ststsmant on fife eVldencing Lender's securd;, interest in the Penh and the Personal Property. Any reaonvoyanee fee shall be paid by Grantor, if permitted by app!IcahIs law. The grantee In any 'econveyanca may be described as the "person ar parsons tega ly entitled tivomld", and the recfhfls In the recanvWanCa of any rnalfers of taM shall be c0ndUStve proof of The truthfulness W any such matters or facts. DEFALLT. Each d the fdaawfng, at the option of Lender, shall co&ftule an event of default ("Event of Dabutr) under this teed of Trust nefsott on Indebtedness. FagUrs of SornOwer to make any paymenl wren due on the Indebtedness. Default on Ulhor Payments, Failure of Grantor within the 1In'.e mgtdred by this Deed of Trust to, make any payrnanI for faxes or Insurance, or anti other payment rwoossary to prevent filing of or to effect dfsuharge Of any Eon. COMP llance DetaulL Faflllie of Gra !for or Borrower to comply with any other term, ObligationCovenant N condition CaRfalnad In Ibis Deed of Trust, the Nola or !n arty of IN Related 0xurr3anIs. palsa $latem#nls. Any warranty, repreaenfaIfon or statement made at furolaW to tender by or on behalf at Grantor or Borrower tinder psis Deed of Trtr91, the Note or the Related Documents is fa!s0 or misfeadtng n any Material rasped, either now or atihe lima made or furntshad. nefeave coflateraltze"On. This Dead of Trust or any of eatRe lalec. 0 at any s �a d foe be in lull force and affect [Including failure o1 arty conataral documents to Create A valid and perfected securlY n. Insolvency. The diesWuttort or larminatiorr of &anlor of Borrower's exstenoo as a going bushoss, the Insolvency of GmnWr or Borrower, ffta appointment of a receiver for any part of Grardor or 13arrowcys property, any assignment for the benefil of cradilors, any type of Creditor workout. or IN cam mencament of any proceeding under any bankrUPICy or mselyancy taws by or agalmt Grantor or B0=w9r. ForlClosare, For'flttura, sic. Commencement of forecloi um or farWI Lrf0 proceedings, whether by FudoTal proceeding, Sec¢ -help, fopossamlon or inst any nnot SLPplY nthelher eventt of goad lath dlsllor of puta by Gran [or aor s 1to"Validity or reasane6[vnaeea o theecsaim wt the ttcproperty. the basis f t�e tradaaurenorptora[sllvre proceeding, proAdad that Grantor g[ves Lender wdHsn notice of such dalm and furnishes reservoS. or a surety bond for the da:ro sallsectcry I O Londw. Breech of Other Agreement_ Any brnacb by Grantor or Borrower u+der the tanyts l any other y sq,D am Cstwaan Grgnlor or ebta ne end Lender that Is not rarneded within anygraca period provided Ihme n; rndudtrrg wlihouf 11m[tadon any agrsAmentcor>cerntrg any Indebtedness or O other ob!"don of Grantor or Borrower to Lander, whether akarrg now ar War, Events Atreaing Ouarenlar. Any 0 the preceding events occurs with rasped to any Guarantor of any of hta lndeblgdness Of any Gtlarantar des or becomes Inco i*ont, or re+ SS. or d ispulas the vaadtly of, or 9abllity under, any Guaranty of the Irtdebtedrrass• Lersdar, at its option, may. but � shall not be required to, permit the euararstoes estate to assume vncond!tlonit Iffy obligations altsing under the Suerastty in a rnanner settsfadory to Lender, and. In ddng era, Core the Event of 0051,111- Evento Affecting Co-awrawara. Any of the preceding even% occurs with respect to any co -borrower 01 any of the Indebtedness or any co -borrower dies or becamos IrcGmpalent, or revokes or disputes the validity Of, or atabllify, under, any of the Indebtedness. Lender, of I!s op Non, may• but shall not be required to, parmlt the co --borrower's estate to assume uncond[Nonalty the obfigatlons on the Indebtedness In a manner satisfactory to Lender. and, In doing so, cure the Event of Default. Adverse Change A mats Sal Adverse change occurs in Etorrowars ffnenaaf candNlon, or Lender believes the arospac! of payment or paftormanoo of the Indebtedness Is Impaired. Righl to Cure. 11 such a !allure is curable And II Grantor or Bonmwar'Fas not been givan a notSca of a breach of the same pro Re!on of this Deed of Trust within the preceding twohm (12) months, It may be cured (ano no Event of Default will have Oecurrod) if Grantor or Borrower, after Lender Sends wnttan nonce demendrg Cure of such IAllum: (a) cures the fall ure within fifteen 06) days; c(b)tf the cumr�nAbk and roseno-more stage tancansuffi(15) days. Imrr ftWy Irt tlatae Steps Auf dent IC true the failure and thereafter con[inun and Completes ant to produce ocrmpllaroe as loon as nsmanably pfactksl. RIGHTS AND REMO E3 ON DEFAULT. Upon The aesurumca of any Evenarty Nm l of Default and at e thereafter, Trustee or Lender, al Its oplfan, may exercise Any one or more of the folowtng rights and rertedres, In addition to any other rights or remodlas provided by Im Acclkrate I rtdebl edness. Lander shall have the right at Its 000n Ip d0CJafe the antke Indebled nM Imreadtateiy due end payable, Including any prapayrnent penalt}r which BorTnwer would be required 10 pay. Foreclosure. With respect to of or arty part of the Rae! properly, the Tfustaa 5NA have the right 10 exarc$e Its power of Sala and to foreclose by natoo and sale, and Lander shall have the right to famotose by luciclaf hxeaimna, In either case In ao-�xdance .nth And to the fun axianl provided by ap p I lra4le I aw. UCC RoniedieS, With respect to all or any part Of the Personal Property, Lender shall have all the rights and remedies eta egcumd party under the Uniform CamMwcW Code. Collect PAm% Lender shalt have the e4ht, withoul no Ica GGrantor of prG ear, to lake and ossesdbovit on ol an ar'ndeostsmariag9ahe Prop rtyand calks. din Rants, Including amounts past due and unittd, and na furtharami Of files right, Lender may require any lenant or other user el the property to make payments of rant or use fees dtrocity to Lander. If Ina pants are wtkactsd by Lander, then Grantor irrevocably designates Lander as GrAntafs attorney-trw•fact to andorne Instruments received ;n payment thereof In the name of Grantor and to r gcdate the Same and collect me procaads. Payments by tenants or other uses for tone demand Landur in reVQnse to Lender's demand shall satisfy IN,dbltWQns for which the Paymenls Are e, huU a fr not joy p Per grounds exts". Lander may exercises i€s righls� under this subparagraph either in parson, by agent. ih Appoint Receiver. Lender shall have the right to have a reoarvae appolriled to take possession of all or any part of I h a property, with its power to preled and praserva Ina property. to operate the Property preceding or pending forerlosura Or aeie, and to coact the Ranier from the Property and apply tits prdcseda, over and abovo the drdrttenl rrI a�rtrcetve 1 of the s tar u Hat file apparent value of the Property owoseds� Q indebtedness vt bond if sbY by law. Landor's right to IN ape a substantial arnounL Employment by Lender shall not dtsilualbfy a Parson tram ear AD9 As a receiver• Tenancy at Sufserertca. it Grantor roma[nS In possession a1 the prop" after the Prcparty is sold As pro'r[ded above or Lender alherw!se becomes entitled to pusses€on of the Properly upon default of Grantor. Grantor shall become a tenant at Iufferance of Lander or the purchaser of IN Property and step, At Lenders option, either (a1 pay a reaaonabre rentat for the use of the Property. or (b) Vac&fe the Property tmmedtately upon the demand of Lender. Other Remedles. Tnisiaa or Lander shall have any offer right of romady, provided in this Deed of Trust or the Note of by law. Notice of Sale. Lender shall give Grantor fOmonWe notice of the time and place Ot anY Public sa;e of the Personal property or of the ems after which any private saki V other €ntendsd dlsAoatllan of the Parsenal 'ropwty is 10 be made.y tsRas'40 ad9ai Conjunction with any safoshall maEan noticet of The Real tan (10) days Delore the rime tothe sate or disposition. Any Base of Personal PrO96f y Property, $irk of the Property. To the extent permitted by applleabla law, Grantor and Borrower hereby waive any end eft rights to have the Property 09-J0-1996 DEED OF TRUST Page fr (Continued) marshalled. In Bx9rG51ng I$ dghts and ramodlas, the Truale a or Lender Shag be hoe to lei! all Or any part of She Pro party together or separately, In F_ one sale a by separate Saias. Lender shall be antlMd to old at any public Sale an an or arty portion of the Property, R r Waiver; Etecflon of Remedlas, A waiver by any party of a breach of a orpvfston of this Deed of TFU9 shall not cons5luta a waiver Of Or pre]udlce Election by Lender to pursue eery remedy ' the parrys rights ofheiralSo to demand strict compliance with that Prowsfon or agy Other praNslarr, any other remedy, and an r provided In this Deed of Trust, the Note, In any Fteletetl DOcumanl, or provided by law shall not exclude pursuit of S elocffon to rrgka 04andltures or to take so11On to perform an obligatlon of Graitlor or Borrower under this Coed of Trull Oar failure of Grantor Or , Borrower to perform shall not affect Lenders right to declare a default and to waroise any, of Its romedles. Attorneys' Fees; Expenses, If Lander irisefutes atry stft or action to enrorce any Of fhe terms of this Dead of Trust, Lander shad be entil ed to maavar such sunr as the vaurl may adjudge reasonable as aHOrnaya' foss el'tdal end on any appeal. Whether err not any court action is lm dved, all reasdpabio expenses Incurred by Lander which In Landers opinion are naeesaary al any time for ft prolectlen of tls Interest or the enforcement of Its rights shall become a part of the Indebtedness payacle on demand and shag bear Gtfarsst at the Nate rate from tine date of ' exyendfure vntll repe[d. Expenses cavored by this paragraph Include, wrlhaul omttatten, however subJect la any limits under appllcabla law. LLanooels alfomeys' boas who9w or hat there is a Iawsuil, inckrding anomeys teas for barrlavplcy proceedings (Jncludln$ efforts to inodlty or vacate any aulomafic stay or injundon], appesfs and any antfclpared past —judgment Cdleclian servicas,the vast of searching records, oblalning f ode reports Cndudfng kredasure reports), surveyors' reports, appralsei leas, gala Insinanas, and fees for the Trustee, to the a:aarrl permft cl by w agpUmbla law. Gmrhoe ara vrlll pay any court Costs, in addition lc all aver sums providali by law. Rights of Trustee. Tralee shall have all Of the rights and duties of Lender as set forth In this section POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions •elating to the powers and obligations of Trustee (pursuant to Lender's f instrtuctfons) are part of this Deed of Trust. Powers of Tarslas, in ad0ori to all powers of Trusta0 arising as a martLer of Law,Truslea Shall have thapowar to take Iho (DCoWng actions with respect to We Properly upon the written request of Lender and Grantor. (a) Join In preparing and filing a map Or plat Of the Real Praporty, ' y Including the dedlcadan of streals ar other righis to the public; . Jbj jal.n In granting arty sasemant or creal!ng any restridien on the Real Property; ^ end (CJ join In any subordlnaeon or other agreement affecling this Vega of Trust or the Interest of Lender under this Reed of Trust. i Obligalfona to Notify. Trustee. shag nat be obUgaled to notify any olher party of a pending sa!o under any other trust deed or Ken, or of any Salton or proceeding in which Grantor, Lender, or Trustee shall be a party, unless required by applicaWe. law, or unless the action or proceeding Is brought byTrustee. t Trustee. Trustan strap mast all qusAfkatIcas required for Trustee under applicable law. In addltton to the rghts and remadies sal forth above, + with respect to al or any part of the Property, the Truslea stai1 have the right to !oreclosa by nogca and safe, and Lender shalt have the right to foraciese by Judicaf foreclosure, f n elfte Casa In accordance wlth and to the tun extent provided byapplleablo Law. Succxesear Trustee, Lender, at Lenders option, may from time to Pine appolot a suoomor Trustee to any Trustee appointed hereunder by an Insirument exeoulod and acknowied9ed by Lender and reseeded In the Wks of the racerder of Long Courtly. Washlrglon. The Instrument shall ranlaln, fa addlKon to all ether matters required by state law, the names of the COQIf t ton Tmskla, end Grantor, iha bons and page Or the L") Auditors Fe Number where this load of Trust Is recarded, and the name and address of the Successor kustae, and the Instrument shale be executed and acknowledged by Lender or its successors in Intsrast. The sugar trusto0, without oonveyance of the Property, shag succeed 10 d. h all the title, power, and duties con farred upon Ihs Trustee in this Deed of -Trust and by eppticabW law. Thib procedure for subshfugon of irclsfee . . shall govern to the WzIuslon of all other provisions for substitution. NOTICES TO GRANTOR AND OTHER PARTIES. Subject to applicable law, and except W nollea required or a!lowad by Law to be gWon In another mannor, any notice under this Deed of Trust shall be In wrldng, may be be sera by talaratx[mltfe, and shall be etfecll m when aefilally d0vare0, Or whsn Slatgy IfFtl +. depcsilad wrfih a naffonally mcogrdaed overnight courier, pr, if malted, shall be deemed affects when Clap called In the United mall Cass, Any Its Certliiad or rag3starad mall, postage prepaid dJmoW to the addresses shown near Iha beginning 01 thla Dead of Trust. party may change the the notice Is id change address far polices under this Dead of Trust by giving former written nolfoa to the other padea, SpecKyfng that purpose of has ihts Deed Trust be sent to Lenders • fha parry's address. All ooples of natteas of taedosuro from She holder Of any !fen which priority over of Shall address, as shown hoar the beginning of ihis Deed of Trust. Far notice purposes, Grantor agrees to keep Lender and Trustee informed at sit Umes OF r" Grantors c marl address Subject to appKcable law, and amepI for nofiee •aquued or allowed by Jaw id be given In anoltter manner, any not ce grven t: • by Lander to any Grantor Is deemed to be notice given to all Grantors. k' 4F3 ORAL AGREEMENTS. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. MISCE3IANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:' Amendments. This Dead of Trust, together with any Related Dccumenls, cor4dlutes lb anitre underslanding and agreement of the perfisw as to ' the maltsrs ssgi forth In this Dead at Trust. No alferation of or amsndmril to this Deed Of Trust shall ba effective unless given in %Tiling and signed by the party or parties sought to be charged or bound by the alteration or amendment f' Annual Repai& if the Property is used far purposes other Phan Gfanloes residence, Grantor shall furnish to Lender, upon request, a COMBO ` statement of pal operating Income nxfvad from the Property during Grantor's previous ftscef year in such form and detall as Lordly shall require. f3 'Nef opersgrfo income' shall mean an cash racaipxa From the Property lass all cash expend tunes mada In connaclion wlth IN operation of the Property, ArbitratlOe. Lender and Grantor and Borrower agree that all dlspufea, claims and copIroveralse between them, whaHier INIvld", Joint, or ckss in none, arising from this Dead of Trust or athetwlse, Including wM Wt 11mitation Contract and fort disputes, shall be 4utHr6lad . pursuainI to free Rules of the American Arbitration AswJatic n, upon requesi of either party. No act to lake or oil peae Of anyColfalaml shall y, canstitufs a waiver of This afbilrallon agreement or be prohlotted by thls arbitration agreement, This fncludas, wlfhout imitation, Oblslrfng injuriclfve relief or a temporary rest ralnfng order„ Invoking a power of sale under any deed a trust or mortgage: obfalning a writ of adachm9nt cc 't tmpcsRfon of a meefver, Or exercUng any dghts veatfng to personal property, Including taking or dlsposing of such property with or wllhoul Judicial -process purauRril to AMde 9.ef the Uniforrn Cammerdal Code. Any dlspulas, claims, or controversies concerning the iawfulrrass Or ; " easonablenass of any act, or axamise of any right, concerning any Collateral, including any dalm.In issGad. reform, or otherwise modify srsy agreement relating to the Collates), shalt also be erbnrated, prWded ht ^ww that no arbitrator shell have the right Or the power to enjoln of restrain any act Of any part'. Judgman i upon any award rendered by any arbifnttar may be. onafod In any court having jud*dtcaon. Nolhlag In i this Geed of Trust shall preclude any party from seeking Oquliabla rather from a court all competent jurfsmclon. The 61Auto of Kmilallons, astoppal, waiver, hathe9, and Merger docirinea which would otherwise be appilcahto in an action brought by a party shalt be applicable fn any arbitration pracaecling, and the commencement of an arbilrafldn prooeedtng shall bs doomed the rommencamanE of an action for these purposes. The Fedeni! Amilr^atlon Act shag apply to the ❑ortstrvdion, Iniarpreation, ana enlacement of this arbitration provision. Jk J Applicable Law, Thle Deed of Trust hoe been dalivared to Lender and acaeplod by Lander in the State of Waahingtdn, SubJecl to the , previelons an anblhallon, Ihls Deed of Trust shell be governed by and construed In ecrcordwtae with the htwsof the Slate of Washington. Caption Headings. Caption headings In this Deed of Tiust are for convenience purposes only and are not to be used to Interpret or define the i i provisions of this Deed of Trust. Merger. Thera shall be no merger of the Interest or estate created by this Deed of Trust wdh any other Imetast or estate in the Properly at any time held by or for the benefit of Lender In any capacity. without the written consant of Lander. Multiple Parties; Corporate Autharsty- AIL, ublii;abons of arpotor and Buirower under this Deed of 'rust shelf he joint and se+rerel, and all refers vas to Borrower shall mean aech and ovary Borrcwar, and all efurences to Grantor Shall mean each and Query Grantor. This means that ' r each of the Borrowers signing below Is responsible for all obligations In (his Deed of Trust. Saverdfihty. If a court of campetant Jurladicilon finds any provlslon of this Deed Of Trust ?o be hvatid or unenfaeeable aS to any perarn Or circurnsarxca, such Ill shall not render that provision invalid or urenfocccable as to awry Other persons or circumstances. 11 faa:l ble. arty such offending provision shelf be deem ad to be modlflad to be wllhin The Ian% of erlwwabliity or vagdltr, however. If the offending provision cannot be so modified, fi shall toe strickarr and a other prOvf51aas of ibis Dead of Trust fn all Other resp acts shah remain v0d and anforcaabl9. Succeasara and Assigns. Subject to the Ilmilatfoos stated In fhis Deed of Trust an Irarefar Of Granlors lntexest, Ihls Deer) of Trust stall be . bleeding upon and inure to the benefit of the parltas, (heir successors and asragris• if ownership of the Property becomes vrested In a Porsan other than Grantor, Lander, wtutout nodoe to Grantor, may deal wxtb Grantor's surccessons Win rafaranoe to this piled of Trust and the Indebtedness by way of Forbearance or extension without releasing Grantor from the obugations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time Is of the arsons In the performance or this Deed of Trust y WaJvers and Coetwi9. Lender shall not bo deemed to hays waived any rfghis under this !seed of Trust (Or under the Regaled Documerits) ' unless such walver is to wrfiing and signed by Lender. No delayor onlsaxon on the part of L"dsr trt oicavbfng any fight shah "fats as it waxvar of such IM a any other righL A waiver by any party Of a provision Of Ihle, Deed Of Tivst shag not Congtduta a walvar of or preJud!cs the padys right otherwise to demand strict compflarce with that pro0slon or any olhar provision. No prior waver by Loader, nor any course of dealing n O • / r� DEED OF TRUST , Page 6 09-:0-1996 (Continued) r• between Lender and Grantor or I3orrovtar, shall constlNta a waiver of any of Lenders rights or any of Grantor or Bor� ghllgations r- to arty future bansaaore. Whenever consent by tender is rKLUed In this Reed of ;rust, the granting at tzach consent by Lender In uny lmtance shall not consitiule conllnuing consent to subsequent Snstarroes wham such wrtsanl Is ragvIred. Walverof Homestead Exemption. Grantor hwoby rele9sas and waWs all rghtsand b rW% of the h,rmtead e%amptfon taws of the State of wtshl Von as to all Iodobtednm secured by this Reed of TrusL EACH GRANTOR AClLNO_�f1 EflaES tihVING READ ALL THE pRoviStoNs OF THIS DEED OF TfIUSC, AND EACH GP-ANTfIIR AGREES TO ITS TERMS. � Jet Chew nc BY• n E. Je Preaidertt INDIVIDUAL ACKNOWLEDGMENT. r.,,,r r STATE OF t� - 'y� •.� ,H� j,�► ' V.q COUNTY OF �L fir/ y i:, p�ii�' Aledfn E 7oh[ILyI e or she to a on Ito b12,ca ci On Ihls day bafpre ma, the undersSGnad Nol de cdb&Futltc, personalty em-mctele t he or shd signed the Goeo ei of satisfacicrysvldance to be the Individual described In and who exacu e❑ the 7trn a li r* 4ftknowleSt Q Trust as his or her'iree and voluntary act and dead, for the and Aumosesitrereln monne� ++1eataasssea (riven er trend I seal thin day of + S9 y SY RaWmng ai 2 - kvta u is In and for of :. My commission expires - i lNnlV�il AL ACK1�01NLEDGMENT �y } �1Jhyi r��r STATE OF �� u" .•"jet Couff OF - =a Y= CL U. I w k FI:� On this day before ma, tiffs undersigned flotary Pub11c. Peft:druUty appeared Berlwre Rl basis of saWedory avidenva to be the individual descrlbed in and who executed the 0 of Trust as h1s ar eirea and unbmy act and dead, for the uses and proposes Ihareln Given uncle hand �M at seal thin i day of wife+a By ( c % ■ �PEAes{dlrtgat Nets Publk In and forth late aT G tAy oommledort expiros , r� CORp ATE ACK3�OtNLEDO ENT -�--- ' 6.7 STATE OF 1 t'� COUNTYt1F • ''•�j�� �wlro� to ma or proved to me on the E IhM he or she signed the Dead 19 Is, - 19 before ma 1ne underalg r personally appeared Martin E. On this �,�y of o4+�� evidanra to be an aulhadaetl Johnson, President of Jet Chevrolet, I=, and personally kn n 1n me or provad to me on VW bas - �Y 4LSent of the oorporatlon that exaouted the Deed of Trust and acknowledged tha Reed of Trust to be the free and vciunlafy ad and dead of the cc- on, by authority M1s Sytswa or by Iesalvtfon of its board of directors, fvr the uses and purposes therein mentioned, and on oalh slated that he or she is uth this Reed of Trust and in fact executed the Deed of Trust on behalf of a�car7Vro^ratltdn• r -A Re9ldfng et •Iti^'`� tary bits In end is Slate of _ My commission expire$ Fl x 09-'94:1998� DEED OF TRUST p� 7 (Conunuem REQUEST FOR FULL. RECONVEYANCE j Ta Tmdw LThe undwdgmO Is the WW owow &W haklar d sJ Wodladnm sacmd by Ihls Dood•a! Trust. You ere hwaby requos*d, Won Payment Of ell m,ms -- a+ a YES ! • to 1ha petsorts Erllklled lhere[n, the fight, to and fnVesl now held by yop under U* eod di Trust. Dow Banersewy. Ite: LASER FRO. R?W-, FaLA J- M. Ofi.I YK.321 K]1eD6 I Pro&arvLlrRInc. Rlfla419r yIWF-l76t JET�,,Lf: R1.6 � t ~f O O URT IT "Au PARCEL A: That portion of the west half of the southwest quarter of the northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in Icing County, Washington, descri.bed'as follows: Beginning at the northwest corner of the southwest quarter of the northwest quarter of said Section 28; thence north 85036' east on the north line of said southwest quarter of the northwest quarter, 657,9� feet; thence south 0009' west 255.00 feet to the TRUE POINT OF BEGINNING; y thence south 0009' west to the=ntersection of the east boundary of Secondary State Highway No. 5-D; n thence northwesterly along the said east boundary of said highway to a point which is south 89036' west 382.65 feet from the TRUE POINT QF-BEGINNING; thence north 89036' east 382.65 feet to the TRUE POINT OF BEGINNING; C EXCEPT that portion thereof corr.-eyed to the State of Washington for highway purposes by deed recorded cinder Recording Number 4984581. CO aj PARCEL B; That portion of the east half of the southwest quarter of the northwest quarter of Section 28. Township 21 North, Range 4 East, w,M., in Icing County, Washington, lying westerly of the westerly margin of Primary State Highway No. I as conveyed to the State of Washington by deed recorded under Recording Number 4983583. 20030123000719.001 a r � O WHEN RECORDED MAIL TO: U S Bank National Association Collateral Department P 0 Box 5308 , ' Portland, OR 97228-5308 .10 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY AMENDMENT TO DEED OF TRUST Reference Number of Related Documents 9610010795, records of King County, Washington Grantor(s) Martin E Johnson Barbara J Johnson Jet Chevrolet, Inc Grantee(s) U S Bank National Association, Legal Description That portion of the west half of the southwest quarter of the northwest quarter of Section 28, Township 21 North, Range 4 East, W M Additional Legal Description is on Exhibit A Assessor's Property Tax Pafcet or Account No 282104-8089-08 This Amendment to Deed of Trust dated as ofthe Deed of Trust executed by Martin E Johnson, Barbara J Johnson, and Jet Chevrolet, Inc, whose address is 35700 Enchanted Parkway S , Federal Way, Washington 98003 (individually and collectively, `.`Grantor"); in favor of U S Bank of Washington, National Association, now known as U S Bank National Association, U.S. Bank National Association, Commercial Loan Services, PD-OR P7LD, 555 SW Oak Street, Portland, Oregon 97204 ("Lender"), dated September 30, 1996, recorded October 1, 1996 as No 9610010795, records of King County, Washington ("Deed of Trust") For valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows AMENDMENT TO DEED OF TRUST - I C 1TEMPIDOT Amd doe 20030123000719.002 f following J The definition of "Note" m the Deed of Trust is deleted and replaced with the Note The word "Note" means the Note dated September 30, 1996, in the original principal amount of $1,750,000 00 from Borrower and any co -borrowers to Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note The maturity date of the Note is December 1, 2012. 2. Except as amended previously or herein, all terms, conditions and obligations of the Deed of Trust remain in full force and effect. Martin E Johrq6n Barbara J Johnson JET CHEVROLET, INC. US BANK NIA CTitIi • fBy �,.• .Titlt ASSOCIATION I. L. STATE OF Ijae-4) ) ) ss County of On this day of 2002, before me, the undersigned Notary Public, personally appeared Martin E Johnson, to me known to me to be the individual described in and who executed the foregoing Amendment to Deed of Trust and acknowledged the Amendment to Deed of Trust to be his free and voluntary act and for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the Amendment to Deed of Trust otary ublic for the 5 e of Resid' gat• �f117 6 My commission expires' AMENDMENT TO DEED OF TRUST - 2 C 1TEMP\DOT Amd doo M. r : o NOTAR;•'p Cn )�Jsuc Op it 20030123000719.003 STATE OF 0A.1-1 } ss County of On this &g day of le:7— , 2002, before me, the undersigned Notary Public, personally appeared Barbara J Johnson, to me known to me to be the individual described in and who executed the foregoing Amendment to Deed of Trust and acknowledged the Amendment to Deed of Trust to be her free and voluntary act and for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the Amendment to Deed of -Trust \ Residing at cm(7 IGt J My commission expires- �i _- STATE OF ++o��•.,• F....•• of )ss' klia*Ni tj County On this ! ay of , 2002, before me the undersigned Notary Public, personally appeared did, to me known to be the of Jet Chevrolet, Inc , the corporation that executed the foregoing Amendment to Deed of Trust and acknowledged the Amendment to Deed of Trust to be the free and voluntary act and deed of the corporation for the uses and purposes therein mentioned, and on oath stated that is authorized to executr th,e, Jmendment to Deed of Trust r` �. N %N�� � I I IIifVl�iR � /1 f �a` `�-': ':��1 Lac:•. 1 NoPkry Pub]jc'fgr the State ff, � y � + Residing at. A f�l 7 Iwo My -commission expires STATE OF V)RSG4 A County of 6 On this r),, day of ecew'62"e, 2002, before me, the undersignel Notary Public, personally appeared �ac�,� , SexLIX � , to me known to be the � c� V. , of U.S Bank National Association, a national banking association, that executed the foregoing Amendment to Deed of Trust and acknowledged the Amendment to Deed of Trust to be the free and voluntary act and deed of the nat anal banking association, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the Amendment t eed of Trust Poi 4= - Notary Public for the State Residing at. SNo kD My commission expires r AMENDMENT TO DEED OF TRUST - 3 C 1TBM?\D0T Amd doc �J 20030123000719.004 MMI.B IT "A" PARCEL A. That portion of the west half of the southwest quarter of the northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of the southwest quarter of the northwest quarter of said Section 28; thence north 890391 east on the north line of said southwest quarter of the northwest quarter, 657•.92 feet, thence south 00091 west 255.00*feet to the TRUE POIAIT OF BEGINNING, thence south 09,091 west to the intersection of the east boundary of Secondary State Kighway No. 5-D; thence northwesterly along thI6 said east boundary of said highway to a point 'which is south 89036' west 382.65 feet from the TRIIE POINT OF BEGINNING; thence north 89036' east 382.65 feet to the TRUE POINT OF BEGINNING; EXCEPT that portion thereof conveyed to the State of Washington for highway purposes by deed recorded under Recording Number 4984581. PARCEL Bs That portion of the east half of the southwest quarter of the northwest cparter of Section 28, Township 21 North, Range a East, W . M . , in icing County, Washington ■ lying westerly of the westerly margin of Primary State Highway No. 1 as conveyed to the Stare of Washington by deed recorded under Recording Number 4983583. AFTER RECORDING RETURN TO: 1 r, DEPARTMENT OF TRANSPORTATION REAL ESTATE SERVICES P. O. BOX 4 7338 OLYMPIA WA 99504-7338 QUITCLAIM DEED IN THE MATTER OF 5, Pierce County Line to Jct. SSH No. 5-A KNOWN ALL MEN BY THESE PRESENTS, that the STATE OF WASHINGTON, for and in consideration of realignment of drainage easement hereby conveys and quitclaims unto HOME DEPOT U.S.A. INC., a Delaware Corporation, all right, title, and interest under the jurisdiction of the Department of Transportation, in and to the fallowing described real property situated in King County, State of Washington: That portion of the northwest quarter of the northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington, acquired by _...the_5tate..af yVashirsgton by Warran Deed recorded March 25, 1959, under number 5012339 Volume 3892 page 345 and by Judgrnent and Decree filed June f7, 1959, in King County Superior Court Cause No. 535008. The grantee as part consideration herein does hereby agree to comply with all civil rights and anti -discrimination requirements of Chapter 49.60 RCW, as to the lands herein described. The lands herein described are not required for State highway purposes and are conveyed pursuant to the provisions of RCW 47.12.063. Dated at Olympia, Washington, this ay of Ask 19M4, STATE JWASHINGTON EXCISE TAX NOT REQUIRED tUnq fo. gcorde Qivl r Secretary of Transportation APPROVED AS TO FORM: By. - .. . Assistant Attomey Ge eral REVIEV &AS TO FORM: r, r L--r _ -QT U.S.A., INC. %'Jn Page 1 of 2 Pages 2 3 N RECEIVED DEC 01 ZN9 CITY of: FEDERA4 WAY CE;s !F I. C. R1-1705561 N 0 C LIZ V3 i� STATE OF WASHINGTON ) ): SS County of Thurston ) On this 1} _. day of 19,ZS before me personally appeared Sid Morrison known to me as the Secretary of Transportation, Washington State Department of Transportation, and executed the foregoing instrument, t acknowledging said instrument to be the free and voluntary act and deed of the State of Washington, for the uses and purposes therein mentioned, and on oath stated the he was authorized to execute said instrument. my hand and official seal the day and year la t above• written. otary Public in and for the State of Washington, residing atOlympia My Commission Expires Sri. I M1 I( w.y R Acknowledgement attached to Quitclaim Deed 0 ji I STATE -OF -GEORGIA-- ---I- ) ss. COUNTY OF COBB ) On this 21st day of April, 1995, before me, the undersigned, a Notary public in and for said State, personally appeared L. A. Smith, to me known to be the Vice President- Legal of Home Depot U.S.A., Inc., a Delaware corporation, that executed the foregoing instrument, and who acknowledged to me that: the said instrument was executed for the purposes and consideration therein expressed as the act of the corporation, and the instrument was signed by the authori2ed signatory, all by authority of the Board of Directors of said corporation. WITNESS MY HAND and official seal hereto affixed the day, month and year i in this certificate first above written. a u `L. Gould Notary public in and for the State of Georgia Residing at Cumming My commission expires: MYQnWa on EV AU& te, ISM �y,M1 A µ C h, y First American Title �� Sw� t For t1t v o V INSURANCE COMPANY c Fdcd far Record at Rcquest of t First American Title AFTER RECORDING MAILTO: AFTER RECORD'NO MAIL TO o . HOME DEPOT U.S.A., INC. Namd t 1 Address 601 S. PLACENTIA jay, State, ZIP FULLERTON, CA 92631 J ATTN.- LEGAL DEPT O T Elk47SD/240378-5 '? RE: FEDERAL WAY, WA r2 - Ti t? C 3 Statutory Warranty Deed N i LU 4 THE GRANTOR DOUGLAS CLERGET AND FAYE CLERGET, HUSBAND AND WIFE - 4� X "Tar and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, convoys and warrants to HOHE DEPOT U.S.A. , INC., A DELAWARE CORPORATION t ' �r - iEC 0ViaAcs =W raw estate, 3iWMedTo thc•Co¢ety of—!{ItiG - - ;St¢tcof Was&inI(taa THE NORTH HALF, EXCEPT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR �. STATE HIGHWAY NO. 1, PIERCE COUNTY LINE TO JUNCTION SECONDARY STATE ; �• HIGHWAY NO. 5-A BY DEED RECORDED UNDER RECORDING No. 4984573, RECORDS S t o OF KING COUNTY, WASHINGTON OF THE FO'LWuINC DESCRIBED TRACT OF LAND; fI THE NORTHWEST QUARTER OF THE KOPMN-EST QUARTER OF SECTION 28, TOWNSHIP N 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; y EXCEPT THE SOUTH 15 ACRES; AND EXCEPT STATE HIGHWAYS AND COUNTY ROAD. '• :.�• ,i q4 SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 3 O SUBJECT TO: SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE II=-RPO AI'ED HEREIN- Datedthis ;�-4t'-7 .3d day of 19 1117 BY ADOuG T�� GLERCEBy U _ 0 FAYB GCET STATE QF� L ss COUNTY pF ! I eertiry that I know or have satisractoryevidence -is the person^wha app=cd barbs me, and said persoo—ackzowlcdge that { y jai/-EZk—' sipcE this iastrumtot and admowledged it to Free and voluntary act ror the toes and purposes E mentioned in ! Dat N " j 12 tate of .� Notary P29� I Residing`' •�� My appointment e'rea�! � ..' tPaw EXHIBIT A , ASSESSMn,,T BY FEDERAL WAY SMIER AND WATER DISTRICT ULID 53 ORIGINAL AMOMT; $60,610.79 PLUS INTPP£ST AT 10.000% ORIGINAL NUMBER OF INSTALLKEWS; 20 Nmu3ER 00, INSTALLMENTS PAID; 7 NUMBER OF INSTALLMENTS DELINQUENT; 0 LOCAL IMPROVFMD= DISTRICT NO.; 0482 } FILING DATE; JANUARY 22, 1986 { NEXT PAYMENT DUE; FEBRUARY 22, 1994 IMPROVEMENT; SEWER AND WATER ACCOUNT NO.; 0482-282104--9079-06 FACILITY CHARGES, IF ANY, INCLUDING BUT hi7T LIMITED TO HOOK UP, OR OONhF.CTION I CHARGES AND LATECOMER CHARGES FOR WATM OR SEWER FACILITIES OF FEDERAL WAY AND WATER AND Si~KE_R AS DISCLOSED BY INSTRi1MENT RECORDED MAY 32, 1989 UNDER i RECORDING NO. 8905120210. EASEMENT FOR THE RIGHT To MARS SLOPES FOR CUTS AND FILLS ALONG THE STREET MARGIN OF SAID PREMISES ABUTTING SOOTH 3520 STREET, AS GRANSM BY DEED , P=RDEA UNDER RECORDING NO. 3566430. t . EASEMENT AND C=ITIONS CONTAINED THEREIN; RECORDED; MARCH 25, 1949 RECORDING NO.; 388728E IN FAVOR OF: PUGET SOUND POWER AND 1,1G6T COMPANY SSION AND DiSTRIBMION LINE, CONSISTING OF SINGLE LINE FOR; ELEC IC TRANSMI OFIPOLES AFFECTS; AS NOW STAKED OUT, LOCATED AND ESTABLISHED IN A NORTHERLY AND SOUTHERLY DIRECTION ACROSSr OVER AND UPON THE PROPERTY HEREIN DESCRIBED RELINQUISUMENT OF ALL EXISTING AND FuruRE RIGHTS TO LIGHT VIEW, AND AIR AMID RIGHTS OF ACCESS TO AND FROM THE STATE HIGfiWAY TD BE C=TRLCTEED ON LANDS CONVEYED BY IN.5TRL1;ISNT; RFCs7RDE'D: JANUARY 12, 1959 RECORDING NO.: 4984573 IN FAVOR OF: THE STATE: OF WASHINGTON t� (� EASEMENT RESULTING FROM CONDEMNATION AND CONDITIONS CONTAINED THEREI 0 CAUSE NO.: 535008 n IN FAVOR OF; STATE OF WASHINGTON FOR; DRAINAGE DITCH J AGREE.MEW AND TLIE TERPLS AND CQDDITIONS THEREOF BETWEEN; DNGLAS CLEa= AM FAME CLERGET, HUSBAND AND WIFE AND; FEDERAL WAY WATER AND SEWER DISTRICT DATED; DECEMBER 1.2, 1985 RECORDED: JANUARY 24, 1985 RECORDING NO.; 860124OB94 PURPOSE; ASSESS OF REALTY SOR SANYTARY SEWER SERVICE Y a 1 COVENANTS, CONDITIONS, RFSMCTZONS ANDIOP. EASEMENTS, BUT OMITTING RESTRICTIONS IF ANY, BASED CH RACE, COLOR, C.REBD OR NATIONAL ORIGIN; FROM; DOUGLAS CLERGET DATED; N= DATED RECORDED-. FESRUARY 16, 1989 RECORDING ND.; 8902160201 DISCLOSEDMATUaLS A SURVEY' DATED Yr1992OSSI NO 914 2-00, AS TO THAT PORTION THEREOF ANUARDELINEATED AS PARCEL THEREON, AS FOLLOWS; A) FENCE ENCROACHMENT ACROSS THE NORT'dWE`T COMM, ANC A PORTION OF THE NORTH LINE OF THE SUBJECT PROPERTY EMI THE: AD3'ACE= PUBLIC RIGHT OF WAY. A record of said survey was recorded July 28, 1993 under recording No. 9307289001 *and revised 92, ry July 1, 1993,JJulyr8,1199399Julyecember 14, 19937and9JulyJ28ua1993,93 and July 29, 1993 1 First American Mle nis Simm Rezereed For R=d&t Usc m 1 ' INSURANCE COMPANY �'Ce" e.44 Fiicd for Record at Rcqucst of ty First American Title FT ER i OOkUjNt," N AFTER RECORDING PBAILTO: �L U?.-S.-A.iName 14 HONE DEPOT INC. t �o 601 S. PLACENTIA t Address City, State, Zlp FULLERTON, CA 92631 01 a• � 27646SD/240379-5 ATTN: LEGAL DEPT SLD RE: FEDERAL SHAY, WASHINGTON m a: Statutory Warranty Deed ° t w THEGR,ANTOR ROBERT P. BIELK&, EARL H. BIELZA AND RONALD G. BIELKA, EACH AS TO Cu THEIR RESPECTIVE SEPARATE ESTATE N 0 i for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ,i .i m in hand paid, conveys and warrants to HOME DEPOT U.S.A. , INC., A DELAWARE CORPORATION a the, following dqffibed real estate, situated in the County of KING , State of Washington: I THE SO HALF OF THE FOLLOWING DESCRIBED PROPERTY: ti THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, fa TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 15 ACRES THEREOF; AND EXCEPT THE STATE HIGHWAY NO. 5-D (KIT CORNER ROAD SOUTH); N AND EXCEPT THE 16TH AVENUE SOUTH (COUNTY ROAD NO. 200)' a� AND EXCEPT STATE PRIMARY HIGHWAY NO. 1 (SR 5-A) f 4 SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. O M 0 Qi SUBJECT TO: SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. Dated this ,%4 t' ( day of -'� d 19 S1 By_: c.� Cs:�rR rr.JF to �c - ��__ . By _ 6Z.- .._. Ey N " SPATE ❑ ' , •� % COUNTYOF ss i f certify that: know or have sa =*dory cyideace that:�.-Ie C_ y «22 ---4��r2 Nf, ;.:g U� 11 the no who e, and said a M. C,S... pc r� appeared before m pCrso �. ariatowlstlgcd that 7 ?= signed this instivaxot and acknowlcdgcd it to be free and voluntary act for the uses and purpo= u ra ,on i [lament. r Netuy Fuh Lie e n SfaQANOM la Rcsidiagat � My appo'urtment expires t 19" LF&10 i EXHIBIT A ASSESSMENT BY FEDERAL WAY SEWER AND WATER DISTRICT ULID 53 ORIGINAL AMOUNT; $64#766.87 PLUS INTEREST AT 10.000% ORIGINAL NUMBER OF INSTALLMENTS; 20 NUMBER OF INSTALLMENTS PAID; 7 NUMBER OF INSTALLMENTS DELINQUENT; 0 LOCAL IMPROVEMENT DISTRICT NO.; 0482 FILING DATE; JANUARY 22, 2986 NEXT PAYMENT DUE; FEBRUARY 22, 1994 IMPROVEMENT; SEWER AND WATER ACCOUNT NO.; 0482-282104-9008-02 FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK-UP, OR CONNECTION CHARGES AND LATECOt7ER CHARGES FOR WATER OR SEWER FACILITIES OF FEDERAL WAY WATER AND SEWER DISTRICT AS DISCLOSED BY INSTRUMENT REWRDED AUGUST 4, 1986 UNDER RECORDING NO. 8608041229. EASEMENT RESULTING FROM OMMEMNATION AND CONIDITIONS CONTAINED THEREIN; CAUSE NO.; 535008 IN FAVOR OF; STATE OF WASHINGTON FOR; DRAINAGE DITCH RELINQUISHMENT OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH RIGHTS OF ACCESS TO AND FROM THE STATE HIGHWAY CONSTRUCTED ON LANDS CONVEYED BY INSTRUMENT- REOOFDM,' DECEMBER 291 1950 - — REOOR,DiNG NO.; 499997 IN FAVOR OF; THE STATE OF WASHINGTON MATTERS DISCLOSED BY BUSH, ROED AND HITCHINGS, INC., ALTA SURVEY DATED JANUARY, 1992 * JOB NO. 91422.00, AS TO THAT PORTION THEREOF DELINEATED PS PARCEL B THEREON, AS FOLLOWS; A) 5 FOOT HIGH BARB WIRE FINCE ENCROACHES OVER THE EAST LINE THEREOF AN UNDETERMINED NUMBER OF FEET. A record of said survey was recorded July 28, 1993 under recording CO3 No. 9307289001 and revised January 16, 1992, December 17, 1992, January 8, 1993 July 1, 2993, July 8, 1993, July 14, 1993, July 28, 1993 and h July 29, 1993 C C'S L PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Street��� Seattle, Washington 98104-1511 L7-6 -7-[Ott g003 Senior Title Officer, Mike Sharkey (mikesharkey@pnwt.com) Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Assistant Title Officer, Charlie Bell (charliebell@pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 State of Washington Department of Transportation 15700 Dayton Avenue North, 3rd Floor MS118 Title Order No.: 588124 Seattle, WA 98133 Attention: Mona Cox Your Ref.: OL3493 SR5/SR161/SR18 Triangle Improvement A. L. T. A. COMMITMENT SCHEDULE A Effective Date: March 22, 2005, at 8:00 a.m. 1. Policy(ies) to be issued: As on Schedule A, page 2, attached. 2. The Estate or interest in the land described herein and which is covered'by this commitment is fee simple. 3. The estate or interest referred to herein is at Date of Commitment vested in: ;aD DFv_ELDPi T_.�FMnxLAN17_,.__INC...,. -a Maryland- corporation (NOTE: SEE SPECIAL EXCEPTION NUMBER 25 REGARDING EXECUTION OF THE FORTHCOMING DOCUMENT(S) TO BE INSURED). 4. The land referred to in this commitment is situated in the State of Washington, and described as follows: As on Schedule A, page 3, attached. w Order No. 588124 A.L.T.A. COMMITMENT SCHEDULE A Page 2 Policy(ies) to be issued: A.ALTA Owner's Policy Amount $ 40,000.00 Standard (X) Extended ( ) Premium $ 330.00 Tax (8.8%-) $ 29.04 Proposed Insured: STATE OF WASHINGTON NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED FOR A PENDING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK PRIOR TO CLOSING SO THAT WE MAY INSPECT THE PREMISES. B.WORK CHARGES Amount $ 430.00 Tax (8.8%) $ 37.84 d Order No. 588124 A.L.T.A. COMMITMENT SCHEDULE A Page 3 The land referred to in this commitment is situated in the State of Washington, and described as follows: Lot A, City of Federal Way Lot Line Adjustment No. BLA99-0003, recorded under Number 199908169000008, said Lot Line Adjustment being a portion of the northwest quarter of the northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY: 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. Ptn. NW 1/4 NW 1/4 28-21-4 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. A.L.T.A COMMITMENT Schedule B Order No. 588124 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A). will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the; public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. B. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. + C. SPECIAL EXCEPTIONS: As on Schedule B, attached. i 1 i 1 Order No. 588124 SPECIAL EXCEPTIONS: A.L.T.A. COMMITMENT SCHEDULE B Page 2 NOTE FOR INFORMATION PURPOSES ONLY: EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. FORMAT! MARGINS TO BE 3" ON TOP OF FIRST PAGE, 1" ON SIDES AND BOTTOM - 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. RETURN ADDRESS IS ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN. NOTHING WITHIN 1" MARGINS. FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 1/2" BY 14". NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS; PRESSURE SEALS MUST BE SMUDGED. i —� INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: RETURN ADDRESS, WHICH MAY APPEAR WITHIN THE UPPER LEFT HAND 3" MARGIN. TITLE OR TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE, REFERENCE TO RECORDING NUMBER OF SUBJECT DEED OF TRUST. NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOLLOWING PAGES, IF ANY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME, OR SECTION, TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED). ASSESSOR'S TAX PARCEL NUMBER(S). (continued) Order No. 588124 A.L.T.A. COMMITMENT i SCHEDULE B Page 3 SPECIAL EXCEPTIONS (continued): 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: PURPOSE: Water pipeline AREA AFFECTED: Southwesterly portion of said premises RECORDED: July 1, 1959 RECORDING NUMBER: 5050925 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Washington Natural Gas Company, a Washington corporation PURPOSE: Gas pipeline or pipelines AREA AFFECTED: As constructed or to be constructed over said premises RECORDED: September 22, 1993 RECORDING NUMBER: 9309220422 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company, a Washington corporation PURPOSE: Electric transmission and/or distribution systems AREA AFFECTED: A strip of land 12 feet in width lying parallel with and adjoining the east right-of-way of 16th Avenue South RECORDED: April 14, 1994 RECORDING NUMBER: 9404140516 1 ( continued) i A.L.T.A. COMMITMENT SCHEDULE B Page 4 Order No. 588124 4. UNDERGROUND UTILITY EASEMENT, AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget Sound Power & Light Company, a Washington corporation PURPOSE: An underground electric distribution system RECORDED: April 14, 1994 RECORDING NUMBER: 9404140517 AFFECTS: Westerly portion of said premises Contains covenant prohibiting structures over said easement or other activity which might endanger the underground system. 5. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: State of Washington PURPOSE: Drainage '•�_/ AREA AFFECTED: Easterly portion of said premises RECORDED: April 6, 1995 RECORDING NUMBER: 9504060836 Said easement is also delineated on said Lot Line Adjustment. 6. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Lakehaven Utility District, a municipal corporation PURPOSE: Water facilities AREA AFFECTED: Portion of said premises RECORDED: December 22, 1999 RECORDING NUMBER: 19991222001807 i (continued) Order No. 588124 A.L.T.A. COMMITMENT 7 SCHEDULE B Page 5 7. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Lakehaven Utility District, a municipal corporation PURPOSE: Sewer facilities AREA AFFECTED: Portion of said premises RECORDED: December 22, 1999 RECORDING NUMBER: 19991222001808 8. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: PURPOSE: ingress arid" -egress -- - AREA AFFECTED: Portion of said premises RECORDED: September 9, 1999 RECORDING NUMBER: 19990909001505 Said easement is also delineated on said Lot Line Adjustment. 9. Easement for landscape area as disclosed by King County Assessors Maps and Survey recorded under Recording Number 8606179001. 10. RESTRICTIVE COVENANT REGARDING USE OF A LIMITED AREA AND THE TERMS AND CONDITIONS THEREOF: EXECUTED BY: Douglas Clerget RECORDED: February 16, 1989 RECORDING NUMBER: 8902160201 REGARDING: Restrictions on use over northerly portion of said premises (continued) Order No. 588124 A.L.T.A. COMMITMENT SCHEDULE B Page 6 11. RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: June 2, 1995 RECORDING NUMBER: 9506020652 INCLUDING BUT NOT LIMITED TO THE FOLLOWING: The grantee as part consideration herein does hereby agree to comply with all civil rights and anti -discrimination requirements of Chapter 49.60 RCW, as to the lands herein described AFFECTS: A portion of said premises 12. RESTRICTIONS CONTAINED IN DECLARATION OF PROTECTIVE RESTRICTIONS AS HERETO ATTACHED: September'-9,--1999- - RECORDING NUMBER: 19990909001504 AMENDMENT AND/OR MODIFICATION OF SAID RESTRICTIONS, AS HERETO ATTACHED: RECORDED: June 17, 2002 \ ) RECORDING NUMBER: 20020717001445 13. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: Federal Way Water and Sewer District, King County, a municipal corporation and Home Depot U.S.A., Inc., a Delaware corporation, c/o Greenberg Farrow Architectural Planning RECORDED: August 31, 1993 RECORDING NUMBER: 9308310313 REGARDING: Developer extension of sanitary sewer and water systems Said agreement was modified by instrument recorded under Recording Number 9405310581. The lien created by said Agreement was released by Recording Number 9504120181. j (continued) Order No. 588124 A.L.T.A. COMMITMENT SCHEDULE B Page 7 14. LICENSE AND THE TERMS AND CONDITIONS THEREOF: BY: Home Depot, U.S.A., Inc. IN FAVOR OF: City of Federal Way DATED: August 9, 1993 RECORDED: October 29, 1993 RECORDING NUMBER: 9310290151 REGARDING: To inspect the construction of improvements, the performance of work or to allow the city to perform any necessary maintenance or work, all pursuant to that certain Agreement to Install and Maintain Wetland and Buffer Mitigation Plan and Wetland Enhancement Bond of even date 15. REAL PROPERTY LICENSE AND THE TERMS AND CONDITIONS THEREOF: BY. Home Depot U.S.A., Inc. IN FAVOR OF: Federal Way Water and Sewer District-.-; DATED: May 9, 1994 RECORDED: May 31, 1994 RECORDING NUMBER: 9405310577 REGARDING: In order that the Federal Way Water and Sewer District, King County, Washington, hereinafter "Licensee", may inspect, repair and maintain the bypass meter located on the above -described property, the benefit of which to Licensor is hereby acknowledged, Licensor does. hereby grant and convey unto Licensee a license to enter the property and the detector check vault located thereon at such time as deemed necessary to read, inspect, repair and/or maintain the bypass meter. 16. CONDEMNATION OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DECREE TO STATE OF WASHINGTON: ENTERED ON: December 29, 1958 SUPERIOR COURT CAUSE NUMBER: 4980497 17. CONDEMNATION OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DECREE TO STATE OF WASHINGTON: ENTERED ON: January 12, 1959 SUPERIOR COURT CAUSE NUMBER: 4984573 (continued) Order No. 588124 A.L.T.A. COMMITMENT I SCHEDULE B Page 8 18. ADDITIONAL WATER OR SEWER FACILITY TAP OR CONNECTION CHARGE: GIVEN BY: Federal Way Water and Sewer District DATED: July 16, 1986 RECORDED: August 4, 1986 RECORDING NUMBER: 8608041129 19. ADDITIONAL WATER OR SEWER FACILITY TAP OR CONNECTION CHARGE: GIVEN BY: Federal Way Water and Sewer DATED: January 11, 1993 RECORDED: January 19, 1993 RECORDING NUMBER: 9301190272 20. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY - - - HEREIN-DESCRIBED--AS-GRANTED IN -DEED-: RECORDED: May 7, 1946 RECORDING NUMBER: 3566430 GRANTEE: King County 21. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: RECORDED: October 21, 1993 RECORDING NUMBER: 9310212098 GRANTEE: City of Federal Way, a municipal corporation 22. Matters disclosed on a survey recorded under Recording Number 8605309011, a copy of which is hereto attached. 23. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2005 TAX ACCOUNT NUMBER: 282104-9008-02 LEVY CODE: 1205 CURRENT ASSESSED VALUE: Land: $5,855,000.00 Improvements: $10,111,500.00 AMOUNT BILLED GENERAL TAXES: $194,217.94 SPECIAL DISTRICT:$16,134.79 TOTAL BILLED: $210,352.73 PAID: $0.00 TOTAL DUE: $210,352.73 (continued) Order No. 588124 A.L.T.A. COMMITMENT SCHEDULE B Page 9 24. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property and rights of tenants to remove trade fixtures at the expiration of the term. 25. Evidence of the identity and authority of the officers of HD Development of Maryland, Inc., a Maryland corporation, to execute the forthcoming instrument must be submitted. 26. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $100,000, and our total liability under this commitment shall not exceed that amount. 27. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of_ local taxing authority of City of Federal Way. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%. NOTE 1: Our examination discloses that the vestee herein does not own -` any contiguous property. NOTE 2: The name and address of the current taxpayer according to the King County Assessors record is: HD Development of Maryland, Inc. Property Tax Department #4703 P.O. Box 105842 Atlanta, Georgia 30348 NOTE 3: The vestee herein acquired title by instrument recorded under Recording Number 20020710001297. NOTE 4: A survey of the herein described property was recorded under Recording Number 9010059012, a copy of which is hereto attached. AFFECTS: Portion of said premises NOTE 5: A survey of the herein described property was recorded under Recording Number 9203029004, a copy of which is hereto attached. AFFECTS: Includes other property 1 �� ( continued) Order No. 588124 A.L.T.A. COMMITMENT SCHEDULE B Page 10 NOTE 6: A survey of the herein described property was recorded under Recording Number 9307289001, a copy of which is hereto attached. AFFECTS: Includes other property NOTE 7: A survey of the herein described property was recorded under Recording Number 9503099003, a copy of which is hereto attached. AFFECTS: Includes other property END OF SCHEDULE B Title to this property was examined by: David Clasen Any inquiries should be directed to one of the title officers set forth in Schedule A. AFD/20020710001297 Portion of the northwest 1� 2 8 - 21- 4 m IS16.69 ..... _ .. S 3527v11Si (thu ura.) -.-- u. tu. or O. ie aa.q sie-u_-At Sum .'n�rs.arw �9WCN)M nxzi ur PACIFIC NoRzHvEs-r TrriE Company of Washington, Inc. ZAd u i • .� 7 1� 1 iitl 6 1 C F G4 f _ 11 • �] juP• �Z J W' Q +� _00 Order No. 588124 IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. ti After recording return to 00 PAGE Q$i OF 004Qco 23 00 Jane Rakay Nelson +asING 8X07Y1 :40 Lane Powell Spears Lubersky LLP Up 1420 Fifth Avenue, Suite 4100 Seattle, WA 98101-2338 E+1 89704i 07Q 0/2002 14.40 KING COUNTY, UA TAX5RLE 0.00 PAGE 001 OF 003 (Space Above for Recorders Use) QUITCLAIM DEED . C Grantor: - - - — HOME-DEP-0-T- ]-S Az WC-,-a-Delaware-corporation--- '�"" Grantee: HD DEVELOPMENT OF MARYLAND, INC, a Maryland corporation �-' Abbrev. Legal Description: Ptn NW 1/4 Section 28 T 21 N R. 4 E C j (complete legal description on Exhibit A [page 3]) Tax Parcel Number: 282104-9008-02 THE GRANTOR, HOME DEPOT USA, INC., a Delaware corporation, conveys and quit claims to Grantee, HD DEYFMOPMF:NT OF MARYLAND, INC, a Maryland corporation, the real estate legally described in Exhibit "A" attached hereto and by this reference incorporated herein, situated in the County of King, State of Washington DATED this day of r, 2042 HOME DEPOT U S A, INC, a Delaware c❑ oration y e Daniel R Hatch Its Senior Corporate Counsel —Western Region 106666 0121/9155571 23 �i CD t, C—. C) C"'.; STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Daniel R Hatch is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Senior Corporate Counsel - Real Estate to be his free and voluntary act of such parties for the uses and purposes mentioned thrs instrument DATED a- -?-Oct. z V1, 1 % €- C- . 1�-� f� WF...�+•►�, NOTARY PUBLIC for the State of WasWngtorn, �OQ�E r , ib Its � S • 106W 0121t9155571 My appointment expires —2-0 f 0-5, 2 231� EXHIBIT "A" LOT A DESCRIPTION (After Boundary Luce Adjustment 8/16/99) THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W M , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH cl-1 88031'43" EAST 333 87 FEET ALONG THE NORTH LINE THEREOF, THENCE SOUTH 01023'50" WKST 33 00 FEET TO THE SOUTH LINE OF THE NORTH 33 00 FEET OF SAID SUBDIVVISION, THENCE CONTINUING SOUTH 01 023'50" WEST 1199 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING -A -RADIUS .OF 50-00 FEET, - - - - -- - - - - = -- - ► THENCE SOUTHERLY AND SOUTHEASTERLY 39 27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45-00-00", -g THENCE SOUTH 43°36'10" EAST 120 02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50 00 FEET, THENCE SOUTHEASTERLY AND SOUTHERLY 39 27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00", THENCE SOUTH 01023'50" WEST 48 81 FEET, `i THENCE NORTH 88036'24" WEST 176 02 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 01 023'36" WEST 157 70 FEET, CI THENCE NORTH 88036'24" WEST 219 16 FEET TO THE EASTERLY MARGIN OF ENCHANTED PARKWAY (S R -161), SAID EASTERLY MARGIN BEING A CURVE CONCAVE EASTERLY, CONCENTRIC WITH AND 50 00 FEET EASTERLY OF THE SPIRAL CENTERLINE OF SAID ENCHANTED PARKWAY AS SHOWN ON DRAWING PREPARED BY WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TITLED "SR 161 .PIERCE COUNTY LINE TO KITS CORNER", SHEET 5 OF 5, APPROVED MAY 24, 1938, THENCE ALONG SAID EASTERLY MARGIN THE FOLLOWING TWO COURSES - THENCE SOUTHERLY 136 49 FEET, MORE OR LESS, ALONG SAID CONCENTRIC CURVE, THE CHORD OF WHICH BEARS SOUTH 01003'13" WEST 13649 FEET DISTANT, TO A POINT OPPOSITE HIGHWAY ENGINEER'S STATION C S 147+82 54 AND THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2,815 00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 89054-21" WEST), THENCE SOUTHERLY 287 81 FEET ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 05051'29' TO THE NORTH LINE OF THE SOUTH 15 ACRES OF SAID SUBDIVISION, THENCE SOUTH 88036'07" EAST 98718 FEET ALONG LAST SAID NORTH LINE TO THE WESTERLY MARGIN OF INTERSTATE HIGHWAY 5 (STATE HIGHWAY NO 1) AS DESCRIBED IN DEED RECORDED UNDER KING COUNTY RECORDING NO 4984573, THENCE ALONG SAID WESTERLY MARGIN THE FOLLOWING THREE COURSES THENCE NORTH 13058'06" EAST 642 01 FEET, 1066M 012D9155571 3 2dl THENCE NORTH 76°01'54" WEST 25 00 FEET, THENCE NORTH 1305VII" EAST 168 34 FEET TO SAID SOUTH LINE OF THE NORTH 33 00 FEET, THENCE NORTH 88°31'43" WEST 1,124 98 FEET ALONG SAID SOUTH LINE AND THE SOUTH LINE OF RIGHT-OF-WAY FOR SOUTH 352ND STREET AS DESCRIBED IN DEED TO THE CITY OF FEDERAL WAY RECORDED UNDER KING COUNTY RECORDING NO 9310212098 TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 35 00 FEET, THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY 54 90 FEET ALONG SAID CURVE AND THE SOUTHERLY LINE OF SAID SOUTH 352ND STREET THROUGH A CENTRAL ANGLE OF 8905V29" TO SAID EASTERLY MARGIN OF ENCHANTED PARKWAY, THENCE SOUTH 0103548" WEST 309 54 FEET ALONG SAID EASTERLY MARGIN, THENCE SOUTH 8803624" EAST 68 06 FEET, THENCE NORTH 01023'36" EAST 165 00 FEET, THENCE SOUTH 88036'24" EAST 15100 FEET TO A POINT WHICH BEARS NORTH 0102316" EAST FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH 01°23'36" WEST 37 30 FEET TO THE TRUE POINT OF BEGINNING, THE PARCEL DESCRIBED ABOVE CONTAINS 836,434 SQUARE FEET (19 925 ACRES), MORE - - OR LESS; - - - �- SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS A STRIP OF C) LAND 30 00 FEET IN WIDTH, HAVING 15 00 FEET OF SUCH WIDTH ON EACH SIDE OF AN EASEMENT CENTERLINE DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28, THENCE SOUTH 88031'43" EAST 333 87 FEET ALONG THE NORTH LINE THEREOF, THENCE SOUTH 01023150" WEST 33 00 FEET TO THE SOUTH LINE OF THE NORTH 33 00 FEET C' OF SAID SUBDIVISION AND THE TRUE POINT OF BEGINNING, L? THENCE CONTINUING SOUTH 01°23'50" WEST 1199 FEET TO THE BEGINNING OF A CURVE C'til CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50 00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY 39 27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00", THENCE SOUTH 4303010 EAST 120 02,FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50 00 FEET, THENCE SOUTHEASTERLY AND SOUTHERLY 39 27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45000'00", THENCE SOUTH 01023'50" WEST 48 81'FEET, THENCE NORTH 8803624" WEST 176 02 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE, THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN SAID SOUTH LINE OF THE NORTH 33 00 FEET SITUATE IN THE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON D R1lor 1066660121/9155571 91 r, 4 23C E A S E M 9 N T KNOW ALL KEN BY THESE PRESENTS: FOR AND IN CONSIDERATION of ONE DOLLAR ($1.00), and other Valuable considerations, the receipt whereof is hereby acknowledged, a'perpetual easement Is hereby granted by MYRTLE ESTELLE BIELKA, to EDITH E; SMHE, as her separate estate, with the right, privilege and authority to construct, operate, inspect and maintain a water pipe -line and meter in, over and across the following described property situate in the County iorf King, State of Washington, as said pipe line now exists on said tract!. The South j of the following described tract: The Noithwesj j of the Northwest j of Section 28, Township 21'ND'rth, Range 4 E. W. M.; EXCEPT the South 15 acres and 'EXCEPT -state Highway and .County Road, said pipe line being located on or. ab- out the following metes and bounds des- cription: Beginning at the Southwest corner of the above described tract where said corner intersects -Second State Highway '57D; thence in a northerly direction.along said State Highway right-of-w4y line 100 feet, -more Or less, -to the poInt of beginning :of 'the center line or this pipe line easement; thence 300 feet, more or less, in an easterly direction; thence 287 feet, more or less, in a northerly _--.-.-dire'e'tion--to-the-northerly--boundar-y-of-the-abo-v-e-des-c.rlb.e.d-.. tract. The purpose of said easement is to serve The North I of the',following described tract: The, Northwest .1 of: the Northwest j of Section 28, Township L& '21'North, Range 4-East W. N.', EXCEPT the South 15 acres AND EXCEPT State Highway and County Road; situate in the County of King, State.,of Washington, IN WITNESS WHEREOF,' the undersigned has executed this I stru.- ment, this 'i9 day of June, 1959. STATE OF WASHINGTON COUNTY OF ON this day personally appeared before me MYRTLE ESTELLE BIELKA, to me known to be the individual described In and who executed.the within and foregoing instrument, and acknowledged that she signed the - '"beimie as h6r* fr'6e'and voluntary act and deed, for the uses and purposes therein mentioned. e, day of June, GIVEN under my hand and official seal this i I 1959. IATB TARY e FutMEC inand &Ur-j0thS9 j: e GTON, residing at IlL 3 A-14- Jul. I y.• .+Y !.`,»..•._: fYd't.ye Y' AV J4�i'v��.?:.YY+fy,. •Y , � in`4 •_+ [.�•y� • � `•rl•` •i'r • � ^" �` . '"Y.. t' � . 7'• `•ay-: :-,�.. .1F�7:Lfi,� e�R:'i'.aY�'_ } •_• L;••-I-S' �T F ham+ t•T1 t': a W".:+?. 1•'i+•S'' •.,���.�._+..� �!' .� j ' ♦� OP. MAP NO. hoo No. 9�Dit80 5 6v4+Grm� LOCATION NW1-4 COM PANY NO. PLEASE RETURN TID. Federal way EASEMENT' Sire No. 4703 W►4SHINGTON NATLVAL GASCO. ATTEl+dTM UM& CM (Corporate) VATRL WA MU The Grantor, Ji0M . EPQXr7%A_1ENC#- SON in consideration of ONE DOLLAR (S1.00). in hand paid, and other good and valuable Cansidcration, rsceipt whereof is herebyacknowlcdgcd, does hereby convey and warrant to WASFiINGTON NATURAL "Grantee", GAS COMPANY, a Washington Corporation, its successors and assigns, herEin referred to as a non-exclusive casdment for a gas pipeline or pipelnes under, over, through and across the following described property of the Grantor located in the County or State of Washington: v The Koalkwest gturter of the Nwowat quartw of Sedias 38* TawwAlp 21 Nwo%Etap 4 Este W.M. is Mrtg County, VYrzyMLS1041 EXCEpr the Soctk 15 4tra 14erod, AND EXCEPT the State Hlbhway Ns. S-D (Kit Cases Rand SoatWt AND EXCEPT the lti It Areaee Sodb (COQUY Road Na 200): AND EXCEPT State Prlotaey Kigi V No. 1 (SR S-A). — --- (Tax parcel.Nc4.ts44 90Qa,ar►3 x3z18�-9m93_ ... _ . . Ewmamt k)catlao dfauil aliatt IWe a comarriew a to 6i a UN Five reef on either dde of the sanall E1! r C7 pnollem ' Crhfa meat may .be =qvM dud tat a latsr dote by as awmwt Wn a We tic kpi d"crIT M of toe fluniMed by Grantor at ss to" to Gmitt .) centetibm of the eu meat Ds♦aerC on a smnT giving and grunting to Grant- the right io construct, install, operate, maintain, protect, improve, repair, replace and abandon in plus! said gas pipeline Or pipelines, together with the non-exelusivc right of access. to and from said property. As used herein, the term-pipcUric" shall include gas lines and services together with such surface or sub -surface pipeline appurtenances and facilities as are necessary, in the judgement of Grantee, for the operation and maintenance of said pipeline or pipelines. By the A=pLance of this easement Grantee agrees to hold the Grantor ha777ticu from any Ions, cost or darrtege resulting from the operation or maintenance of such pipeline or pipelines except as may be attributable to the sole negligence of Grantor. Grantor agrees not to erect anyQcstrtr�ucturrs On said easement. DATED this ,day. of . 19-!0 HOME DEPOT US.A., INC ► ST OF WASHINGTON ) SS. COUNTY } On this day 19— before me personally appeared to me known to be the _ orthe corporation that executed the within and foregoing instrument, and acknowledged the s ' instrument to be the Ilse and voluntary act and deed of said corporation for the uses and purposes thcs►: entioned. and on oath stated that _ he _w _authorized to execute said instrument. 1N WITNESS WHEREOF, I have hereunto set my hand and affix official seal the day and year first above written. Notary Public in and for the State or Washi�wlr, residing at • ay�t 8 ' Y�Ali. .tr, zvr 8 Lfj"Zi . .9S'�e : ` f M m WNG S70.716190) r... { ..: ..r• ,,;r.,£*j:�:;.*. a•e�wYe Nv,;:..--. a r_ i �;�'ir%�:• rene'�r_•tW- SL�M.W'ti.,•++. ,_�" ;?re.'y =��`iM', s:- faj.SY^ rd�" '' ';iryiq� �� = • t{" .a/ rT ? :r :.. d =y;• '� .. : ;s`:•-:t�7..� ,r�r.,. a+ l��; r•� h, T ��? • i 5.' 'r.,'.• • : '2�r '�w��,yy st �' ���jy -� I'w' >' =c• w'�y.,' ''±.v.s`�?��i'F�Y }�5�• �L�. }• 'ti •. L : �}: •. C: �. •r•�. y� •� �:H il+i: ,~i� ��?}L"-h`t'Y,�Z.; .� iyr i,•Z �+a �d1��G .�1�+• �• �;'S•r»�r: . r ..!?k�',.c:y T'%..•�p,:{ �.�':' ,G},{�a"� a u�i f ika r},`. "'=' �•:�%.r � lam; �� +y�a7 '` yx ��a ' '�n•`� \ ri'". i :Y ' ' S.Y,•.._,••��' .r�...JSs.• ' c i Ii2.0-1:1'•r,, H.e-• c'.1rc't�-}s - ` �•�.��. r.;..• •3'..�r=�i v' _ 'r •sr+y• li±:tx`• r .rhti p7• : s , 1 . f. �. ' 1T�-. r•y tip'+'.'r� D .la v0sm♦Cy ' ,•-_::'Y _�••^�:�^••q.ff Via'-,� qq--i' y�SYw{Itj. i :' ` .,• :r ;;_,-.:,tom.; :;^,;•.t.ti�, ��. $r ;;vv]'+ ka STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On August 311993, before me, Jeannette McClain, a - ^f— - No�PnSric_&innd for salstate, personal -y Kp—p l wed DANIEL R. HATCH, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to sae that he executed the same in his authorized capacity, and that by his signature on the instrument the parson, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. I= SIGNPA' RE OF HOTARY.,LPUBLIC lx.���ld► (SEAL) ".+�prj ocwl++oraArsc N ►-f^ -.. 4P -2 ,sur+rerrwcntgru -ti oax►�nr w cam N � mac. ru►var.iaK 1 J �' •' � •I ' t � is FILED F02 -ECORD AT REQUEST OF: � � { G d �l L PUG=-f PEAL <-_:: r 02P,^RTfAENT E7CCISE TAX NOT REQUIRED P.O. E0111 07031- l King Co. Records Division BELLEVUE, WASHINGTON S8009.9734 � ����� Deputy EASEMENT �� R=d sled in mlcderatlon of One Dollar ($1.00) and other valuable wnsidemtiun, the receipt of which is /tore xmgr=by (*Gmntoj, hereinj, hereby conveys and warrant f "^ter to N, Qr=E' SOUAP POWER 8 IJGHT COMPANY, a Washington corporation CGraribW herein), far the pufposes '- ?hemir. attarr•set Serth a perpetual easement over, under, along, across and. through the fdiawing described neat ei 13 0 0 3 O1 ` ptaperty (tftr „PM ary herein] in ICing Courtly, Washington. hili, 1300T. --,that portion conveyed to the x 8 a1 a ,7pf r Was 3 ingtr 'or Mate highway No. 1, Pierce "'•l^ tuityc L °ese sto, �unq x�5n 9e gk4ary State Highway No. 5-A }�y deed °irecbr4i2d ,t> ldmr 1�+e89tding No. 494573, Records of IGi ng:, Coun¢l, y1ah�ng t r�ti �qf 4hello ainq described CC 117 18 Cn The Northwest * quarter bf Section 28k*Tgwns]iip j21. N07 King County, ?asiaii>gton:: EXCEPT the South 0 aeries, AND EXCEPT State �iigjhways a;3d Situate in the CM=tyr�Of zfng pamqel Tti8"h half of the fol2dvd Northwest quarter of ,sage 4 east, W.M., in The .,,NortFhwest quarter of the Arovth*est quartnW *t ,aecObn M Township 21 North, ifMtge:4 Z"t, 47.K., /in F Rinr' Ckovnly, Washington; K •>xjttbi South 15 acres thereof; >` At gkCZLbT the State Highway No. 5•D":.tXit�, Corpier;Road ,» a r " 3GLithxi ; r s �1PID CEgT•,r t�Y� 16th Avenue South (County R�t4,4 #6 • •t� DO) ; { '�W''EXCAPT State Primary Highway No. 1 (SR 5-A] Situaie,$inr'I»llie CgUnty of King, State of Washingt:dn. Ewcept as may be atfirwsse seted?t hatpin Gkante�e'srrigiits shall to exercised upon that pardon of the Property (the 'Basement Aree lxereO,0,0-sor'rbae(as fgilawa: `a r A Strip of land n ;v ehS is"1width%Iy�lni.i ra11e1 with and adj oining the East rig "tt -cif •,Ralr ;of r 16th Avenue South, ALSO KNOWN AS SR 161. N j 1 rY i" 1. Purpose. Grantee afvall have the right txa cons' raperata, Maintain, Opai;, r#place, ithprcva. remove. enlarge mid use arm or more electric transmission and+ or,cptriboonsyste bs oven and/or utMg; the lwasamant Atea. together with all necessary or =nven!ent appurtahances thereto, *hi0 play include but ars..pot limited to the lailowInx IL Overhead taeilttlea. Poles and/or towers Wr h crossarmt, bracss,: gs}ys an ifctto ;?s[ecfila team missian and distribution !limes; fiber aptic cable. communication and siildnai (lnas;lr$rtsfartrirsts. b. Underground faaaftfe& Underground conduits. cables. valilts..ma4holds, ;Wb; t jaand rramfonnmrsl semi -burled or ground rnounted facilities such as pads, trans farrni'mAnd,switciles; tr6lw ckble, a x oommurdaation and signal lines. Fallowing the initial construction of all or a portion at its systems, Grantee mi }, from timA tQtirrte; ;� construct such additional facilities as it may require for is systems. m•'" a F x �F 78832 6-89 Transnimsion 9305214401 *a AC001 214-110 Y s (PSW91594pkm z f Y7 Accovs. Grantee shall have the right of access to the Easentant Area over and across the Property to j ; enable Grantee to exercise its rights hereunder. Grantee shall re pair or reasonably compensate Grantor for any damage to the Property, Inciuding damage to roads, crops, driveways and fancas caused by the exercise of such �' i rigtji af�ceas. 'S..:lRpsejrmM Area Clearlrtg and Maintenance, Grantee shall have the right to cut, remove and r dispose of any aiaol all bru,h,1mvv and other vegetation presentty existing upon the Easement Area. Grantee shall aG ilso'have the rkghi to con tm1, an a continuing basis and by any prudent and reasonable maena, the sstah>ishmeltt Rand growth. of bush, trees and other vegetation upon the Easement Area which could, in Iheopinion of Grantee. a r Itttsrtsre wins the exercise of Grantee's rights herein or create a hazard is Grantee's systems. `4 fireas''Outslde Eaaemant Ares,%_Grantee shalt have tha right to cut, trim, remove and dispose of ;any trees lacuna an the Property outlive` the F.�semeni Area which could in Granbs's sole judgment, interfere with "or create.i haiar to t3{antee's;sys�${ra's. Gragtea shall, prior to the exercise of such right, identify such toss and dispa sad of `:make a mesona$le efflt rt tv gore; Gaintbr prior hobce that such trees will be cut trimmed, removed or (6ftcept;fhat Grantee.§hall,�rave h&bfigati�ri'te Idsnttty. *;uch trees or give Grantor such prior notice when trees are (L cut, trisirtetf, rerttaved or,,cther, a dlsposdd of Iti tespopSe ko emergency canditlons). Grantor shall bo entidecito no fbr tries &tit. Mr. n70, remov�edw dfsposed a -except for the, a&a rat market vo se of merchantable incompo'h"fibn Q timber fif any) qut ors ckno* Ir4in the. Ptapetty by..af6lt e. '¢ S. Grartioes Use di Emiemein aroe_ GiaptorA'icis-irves the right to use the Easement Area for any purpose not Incod'Sisterr ,Yu ith the 9414 herein gwWd,`ptodlded, that Grantor shall not construct or maintain any building, structure ar :Ahw bjo�.t on The Easement Ama, aild Grantor shall do no blasting within 300 feet of Grantee's C=) mid- systems w'rthcut GranbWa prior written coftonGJ1 s Q� 6. Indemnity. Grantee agtees q$ fnd@ nnif�[3rarttot 8airi and against ii 3i�{y axurted by Grantor as a result of Grarxee's negllgence In the exorcise :of the rights hefein granted to Gra#taa,'but nothing hare In shall requlra Grantee to indemnify Grantor far that portlon:df arty such liability awibtAabie to -to egrigsnce of Grantor or the negligence of others, i tlbita as Grantee ceases to use the 7. Abandartmern. The rigtrts herein alert shall con su:tt Easement Area for a period aT true (5) succas a years, In 4ich svehithirs easement shall terminate and all rights - — — - - — hereunder Shoji revert its Granmr, provided, -that rtd abarrdarimantsftail ba deer�Sed gdiafi'a•npcurrvd by rpason•af • - ,- Grantee's falkko,to Initially install 11a systems on the E2sarr esnLAreawitlim any perrbd of tfmo',from the defe;hereof. r it Sucrose" and Asslgna, grantee shall iii�re . right ip" assign, a tiloii;.&r dfherwi8e ty6fer any the rgener'aky crag of its jfghts, bendfiis, privileges and Interests arisng Tn and.uhdgf thFs;eas+ma4. Wiftut:fin�rfg of the foregaing, time ridhte and obligations of tha parties shai`7liiiro tc.tlra ber�mi of and•Ibe'bind'Tq tron ttmeu respective srio;sars �rrd ass s. ( t DATHdTHISh'"1 DAY OF- r F 1 .,ar E{p t;l. y eiaWsYa corltoratl&n ' k• -Y s , COUNTYOF On this of da tY i 9, befarA me, a TJotary rc in and for the y s State of !,^ " ' duly commmionq'd'and•s orn ally appeared amiA to ma known to ba tht► rewa utd peceveiy, of H{]N1C f3ElQT U.S.A.. INC., the',r,&rporabon that e l tff9 foregaltig'frtstrument and (_aa11IFd,Baad.6f said earpoiad&n for the uses and acknowledged the said 1netrument to be the free ".Y616mW purposes therein mentioned, and on oath stated that the paqfthodked ta� exe6uto the -sad instrument f .r� Notary Piiiikin into for-4 Residing a$•" e S i - r SiTAT,B OF CALIFORNIA ) f ) ss. ,, cct01;Y OF ORANGE ) r �ri r� ,■ 1994, before me, PHYLLIS A. jjkU6pF-;',a Ndtary Publ c in and for said state, personally appeared DANZTkL fit. NAT,f�rI s personally known to me (or proved to me an fide basis df datisfaaory evjjdence) to be the person chose names is sub cr,ibai,r"Go the`.v thlj thstrvment, and acknowledged to me that 'he `execu£ei� the� szi La n hid authorized capacity, and that by his 'sj-gma u�ev' onAh,6 ibrtr'umgti�i the person, or the entity upon behalf rakl i nk Yh nr rsei}tc aoterd. enEec• kited the instrument. �s WT-THESS' MY 2sand� 9nd +~5ia1 seal_ 41 B^r`"� ^sxG A-T OF NOTOY,,' ]P ., pi�lculLem .4 � •: - 3hiYcil5-'A._ilUOFF •-.. r ` S f. } �W d yS FILFsr " � ,,_; r'~0 AT RiEQUEST OF: :i EXCISE TAX NOT R�Olj REt" (link Co. Rent& Dlyisoh 96Q099734 ,�QAV�� BELLEVUE W;.SNI71GTOfd `'- EASEMENT FOR [1NDERGRCUHD ELECTRiC9Y1rSTF�'— � For and In wnskfefRUM of One 0011ar (St.00) and athe r valuable cans lderatfan, the receipt of which is hereby acknowledged, HQMP f]FPOT u.S L1_114G—a jj I aw re gota M&I QGranV hereln), grants. comieys and warranM W PUGET SOUND POWER 5 LIGHT CCMPANY, a WashIngton co"radon ('Grantee' hereln), for die purpases hertirroar eat forth a perpetual easement under, across and over the following daacriGed real property (the j ' pro perW hare Ijy 1Ung Caunry, WashlnVrL Parcel A. - The North half, EXCEPT that portion conveyed to the stage of Washington for. State Highway No. 1, Pierce county Line to Junction Secondary state Highway No. S-A by deed recorded under Recording No. 494573, Records of Sing County, Wasbington, of the following described tract of land; • The Northwest: quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT the south 15 acres; ti AND EXCEPT state Highways and County Road. LrIj p Situate in the County of King, State of Washington Parcel B: The South half of the following described Property: The Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington; �!f EXCEPT the South 15 acres thereof; AND EXCEPT the State Highway No. 5-D (Kit Corner Road South) ; AND EXCEPT the 15th Avenue south (County Road No. 200); MM EXCEPT State Primary Highway No. 1 (SR 5•A). Situate in the County of King, state of Washington. Except as maybe otftarwfse sat forth heroin Grantees rights shall be exercised upon Lharporltan of the Property (the 'Afght-ohWay'harnlnJ desarii,ed as fafiaws: A HIghtof-Way roman ft0) feat In width havfng five f51 feet of such width on each side o1 a Canted Ina deser bad as loom: The centerline of Grantee's facilities as constructed or to be constructed, extended or relocated, lying within the above described Property. (This easement may be superseded at a later date by a document with a more specific easement description based 8 on a aurvey furnished by Grantor at no cost to Grantee). 9 si 1. purpose, Grtntse shall hwa the right to construct operate, mafntafn, mpslr, replace and enlarge an undargrourd electric bwirnisston and/or d'rstrilxafon system upon and under the Rlght-af-Way "ther with all necassary or commnient appurtanances rhefsfore, which may Include but are not Urnitad to the following: undorgra::xi candults, cables, communitardon Vnes: vaults. r wri4oloa, swftches, and transformers; and semi -buried or ground mounted facilities. Fallowing the Initial constvcUcn of its facilities. Grantee may from time to time construct sooh addtdonai S faclfttes as it may require. 2. Accesa. Grantee shall have Ors right of access to the Rlght-of-Way over and across the Property to enable Grantee to exercise its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the PrcpOny caused by the oxeftissof said tight of ancass. � o 788.37 1.79 8305214-XO1 KH-AC00i 214-110 (PS)021594pkm 1 O O 3. Obsmu tlona; land—pbig. Graatea may from thna to dnha remave true, buahaa, or other obatr 4b ra with In the Flight -of -Way and may level and grade the ftht•Of•Way to the extent rrasonatsty naeeasW to carry aid the roaao hey ptr lofth In o, restore ffia Rl�h r w y la the that Ed In ItwiLny s fmmad m pslo rah work, Gmt- a k F+ liming the InaW;aWn of Grantee's. underground fad Ides, Grantor my undertake any ordinary Emprovarneets to the tar�i of the Right -al -Way, provided thal no bees or other plants shall be placed thereon, whkh would be unreasonably e"nstw or dmpr ilical W Grantee to remove and restore, 4. Orsetorrs Us. of RSgh4.41•Way. Gmntar reserves the right to use 00 Right-of•Way for any purpose not Inaonshmant with the rights heraln granted, provided: tftat Q=bor shall net oanatrtxt ar maintain aar,rtyry W dtnp ve other st uatum on dw flight-af-Way, which would lntarfem with the 00rcise Of ttha rights herein gtanteed; that no 9 unearttwn h GrentaWs. fsdG*% a htaQI-Way Of hallbe the Ialeradone an the fsup�pca to sa, which would [ad1tim erid that no�N she!! be done wWdn 15 feet of the ftht-Gf Way. fro m any endlallda for kIN6ea uhdlor ddarnarpes suffered by jmy n, which m q bO czaW try the Gmnroa a sa axardof Ontights herein granted: provied that prantm shilnot W rasponable to Grantor for any f* em andlor damapaa to any person caused by aM or arrduiaaa of Grantor. & Abando mart. The tight; hemtn granted "can*mA umtfl such tiff* as t3raatee aaruwe to wa the iiigtttaf- Way for a period al he (5) sucoaaadve ]hews, In which w"nt ells saamman I daA temhbsau and WI fights hemundor �n m itR� Ir�t krt ffaacl j�ft own d e Rig War -;vM ni lair pkM eel deerned to from the dab hsra by Mason of oransK a 7. SWm=m*vrs and Asatyne. Tthe rlghN "obl%oard of the pardas shall Irsae to the WAR of uhd be binft upon their respec" auocesvom and saeipne. GATIM this day at GRANTOR r� I s ootparstiotr �� By : SS COUMYOP ] On thin day of 49 before me, a Pia In and for the Seta of duly mmmW000md and bo ens 1pper ro be She tir eorporqesdon that utscuead tt* mantL. and acltshow t i Braid mSAo WS rrharfmonedttl>xtit#hof atald>tfaotr vrnerrhs of Notary Isrrbga in and for the state of Raald3ng at diae�Y�r!�s •G STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On ���, 4 f_ , 1994, before me, PHYLLIS A. RUOFF, a Notary Pub n and !nr said state, personally. appeared DANIEL R. HATCH, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose games is subscribed to the within instrument, and acknowledged to me that -�—� he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted; executed the instrument. 1 WITNESS my hand and official seal. • `jLa SIGNAZ= OF VOTARY P e ¢ � CffICGnKAL LLIS A. RM - - r ----(SEAL) mum EOil41TYFotwra - - _ _..._ --- ----- -- T_ - PMV70M' sO CM .-:: A all EASEMENT State Route 5, Pierce County Line to let. SSH No. 5-A The Grantor(s), Home Depot U.S.A., Inc„ a Delaware Corporation, for and in consideration of the realignment of drainage casement, convey(s) and %varrant(s) unto the STATE OF WASHINGTON and its assigns, on casement over, under, upon and across the hereinafter d.escribed_[ands_for_the_purpo,w,of_drsingg_e_eascrnent tether with the right to construct, rmnlace, repair and maintain to the saute extent and purpose as if the rights herein granted hid been acquired under Eminent Domain statutes of the State of Washington. Said lands being situated in King County, State of Washington, and described as follows: t� t'? (� See Exhibit A attached hereto and made a part hereof Q Easement Provisions: t :t d In and for the sole consideration of mutual benefits to the above -mentioned Grantor and :I Grantee, Grantor Home Depot U.S.A., Inc. does hereby grunt and warrant unto Grantee State of :5 Washington the right, privilege, permit, and casement to release drainage in an open ditch over, :7 across, and upon the above -described property situate in King County, state of Washington, for �t together with the right, privilege, and permit or ingress and egress to and from said property \ the purpose herein specified and hereby granted to Grantee. ;; V It is agreed and understood between Grantor and Grantee that Grantor shall maintain at its C") sole expense the above -described drainage casement and the land on both sides or the casement within Grantor's ownership. 4 (D In addition, the grantor shill be responsible for the maintenance of the drainage area froni ..� t-' the cu I ven/out ral I Igo feet westerly of Highway Engineers SIation LNV 1879+00 of said highway (30 inch conerctc culvert) southerly to the northerly tcnninus of ihecop ment described licrein. It is understood and ugrecd that delivery or this Easement is hereby tendered and that the hereof shall not hecQme binding upon the State of Washington unless and :# terms and obligations until accepted and approved hereon in writing for the State of Washington. Department ofz _u ^� Transportation by its Director of Real,Estate Services. fs� EXCISE TAX NOT REQUIRE) • ILlnq,Co. retards DivlWon ..• �� t. lY '7 4 rw •a . Hd Eo0 Sl11t073d ►aHIlCl7 9lII8 Hd DOrtP20 9E90-911tD51i I . ��' Qp•6 1of3 ` PTO!, w ,. Accepted and Approved STATE OF WASHINGTON y Dated , 19 Per e EY= 1 Its: RIWA Sr Corporate Counsel -Red Estate ' ❑iriector, Real Estute Service.% Date f �� GEORGIA STATE O ) County of COBB ) T before me personally appeared m On this A>3' day. of �tIAAC� P Y PP LG to me known to be the VA ieftd&M - 4 of the corporation that executed the an foregoing instrument, and acknowledged 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 ,uE authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN under my hand and offficial seal the day and year last above written. No c in and for the State of VVXM Georgia, Residing at /I 'f AN Ad'f My Appointment ex i exAs 190i 2of3 I Exhibit A DRAINAGE EASEMENT DESCRIPTION That portion of the following de eribcd parcel X lying within a strip of land 50.00 feet in width, being 25.00 feet on cacti side of a line described as follows: Beginning at a point opposite Highway Engineers Station LE 1865+00. on the LE line survey of S.R. 5, Pierce Courtly line to Jet. SSH No. 5-A, and 250 feet northwesterly therefrom; thence north 12°2900" west tt74.89 feet; thence: norttt 09°48'06" tut 390.15 fee t;1hence-north-10'38`20" west•t-32:85-feet; thence north- 03'09'27-eas1230.39-feet-and- a point at which she width of said strip increases to 60.00 feet, having 10.00 feet of widtit on the n orl h westerly side and 50.00 feet on the southeasterly side of said drainage casement line; the ncc north 4655'00" cast 150.67 feet to the north line of said parcel X and tltc lemlinus of said drainage casement line. The sidelines of this casement sliall be shortened or lengthened so as to meet at angle points and terminate in said south, north, and cast lines of parcel x. Parcel X: The northwest quarter of the northwest quarter of Section 29, Township 21 north, Range 4 cast, W.M., extent the south 15 acres, and except county road. Also. except portion conveyed to lire stale of Washington by deeds recorded under Auditors File No. 4994573 and 4980497 records of King County. The specific details concerning all of wftich:tre to he found in that certain map of definite location now of record and on rile in the office of the Secretary of Transportation at 0lyntpia. and bearing date 0f approval June 24, 1958, Tovised hint 24, 1994. page 3 of 3 s r- 0 m 0 Return Address: Lakehaven Utility District P. O. Box 4249 Federal Way, WA 980634249 19991222001807 PACE eel 0fi 007 12i22i1999 15 34 KING COUNTY, WA COVER SHEET Document Title: Easement for Water Facilities Reference Number(s): — NIA- - - - - — - - — - Grantor(s): . Home Depot USA, Inc. Grantee(s): Lakehaven Utility District Legal Description: Por Lots A & B, City of Federal Way BLA 93-0006 Additional legal description is on Exhibit "A" of document. Assessor's Property Tax Parcel/Account Number: 282104-9008 and 282104-9079 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 1.602.210,4941.0W N/A Fund: Amount: SEWER / IOII+I'I' $14.00 as M- 1 0 Kim COMTY, FIRST A Mlcm MD 14.0 After recording return to: james Lothian Video Only, Inc. .. 50o-5tmTmJer Boulevard- - - - - -- _. Seattle WA 98185 2921 FINN se tts�i; s��ii PA09 Nl W "3 i 3 "Y� (Space Above for Recorders Uae) 5 t{ 1$9 - 9 66T STATUTORY WARRANTY DEED Grantor. • HOME DEPOT U-S.A., TNC., a i)eiaware corporation i Grantee: VtDEQ ONLY, INC., a Wangton carporsti4n shi Abbrev. Legal Description: ptn NW'I+ Section 28 T 21 N R 4 E [complete [egai description on Exhibit A [page 31) 282t04-an-ln-m (as to a Portion ❑nly) Tax pared Number. TIIE GRANTdR, Rob& DEpor U.S.A.. INC., a Deknu a c0i7walim, for gaud and valt►able conaideuation in hand paid, conveys and watrnnis to Grantee, VIDEO ONLY, INC.. a W9s:yin9f0n r,7*allom the real Cstate legally described in attached hereto and by this referetrce incorporated herein, situated in the County of King, State of Washington, subject to the perruitted encumbrances de=ibed in E bit "M" attached hereto. DATED this _3 day of M �' 1499. HOME DEPOT U.S.A., INC., a Delaware corporation i erne: its: SEP 0 3 1999 r ta�.otat�at 1 ,Sx1 STATE OF GEORGIA ) ) ss. COUNTY OF Cob-1_) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that robomw signed this instrwrient, on oath stated that paw -- mb, -. authorized to execute the instrument and acknowledged it as theV4,am}mj&,pofHome Depot U.S.A., Inc., a Delaware corporation, to be m&Wq free and voluntary act of such patties for the uses and purposes mentioned in this instrument. DATED: ^$Fi'� 3_ tom- p w K,,, MICHELE BOSEMAN-DuCgg iVOTARY P[J$ or Stateof Geatgia ,�'• residing at Aftft $A 1 rrMy appointment expires. i IG6W.011I &)W1 I 2 @S wrc •ez a N� FAE 02 Or 067 89,09,1". 15 29 KING WJNTY. RA FIRST PMERlc and 11D 14 B6 6 mu K EXHIBIT A Page I or THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS. PARCEL A. THAT PORTIOi+i DF THE NORTHWEST QUARTER OF THE NORTHWEST INAK ER OF KING COUNTY,IWASHINGT7N,SHIP 21 DESCRIBEDRTH, RANGE 4 EAST, W.M, AS.F FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 88431'40" EAST 333.87 FEET ALONG THE NORTH LINE 1 THEREOF; / THENCE SOUTH 01023'50" WEST 33.00 FEET TO THE SOUTH LINE OF THE FORTH 33.00 FEET OF SAID SUBDIVISION; THENCE CONTIWJING SOUTH 01023'50" WEST 11.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TD THE NORTHEAST HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHERLY AND SD[]THEASTE;MY 39.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00"; THE14CE SOU'lH 43036'10" EAST 120.02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY AND SOUTHERLY 39.27 FEET ALONG SAID CURVE THROUGH A CE14T'RAL ANGLE OF 45°00'00"; q THENCE SOUTH 01*23'50" WEST 48.81 FEET; THENCE NORTH 88036'24" WEST 176.02 PEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH O1'23'53" WEST 157.70 FEET; THENCE NORTH 88'36'24" WEST 219.16 FEET TO THE EASTERLY MARGIN OF ENCK NT'ED PARKWAY (S.R. 161) SAID EASTERLY MARGIN SSING A CUR'TE CONCAVE EASTERLY, CONCENTRIC WITH AND 50.00 FELT EASTERLY OF THZ SPIRAL CsNTERLINE OF SAID ENCHANTED PARKWAY AS SHOWN ON DRAWING PREPARED BY WASHINGTON STATE DEPARTMENT OF TRMSPORTATION TITLED "SR 161 PIERCE COUNTY LINE TO KITS CORNER,:' SHEET 5 OF 5, APPROVED MAY 24, 193$; THENCE ALONG SAID EASTERLY MARGIN THE FOLLOWING TWO COURSES: THENCE NORTHERLY 12.32 FEET, MORE OR LESS, ALONG SAID CONCENTRIC CURVF., THE CHORD OF WHICH BEA" NORTH 01035'30" EAST 12.32 FEET DISTANT, TO A POINT OPPOSITE. HIGHWAY ENGMER'S STATION S.T. 149+32.54; (CONTINUED) J Y 1999 1585 Pgf1 P03 W R' 9NW7 8'0'B'9.1999 17 29 �iRSi MERIC,W lip 14 N KIM romy, UR >_ I , m EXHIBIT A DESCRIPTION CONT. Page 2 of 2 THENCE NORTH 010351480 EAST 17.68 FEET; THENCE SOUTH 88036'24• EAST 68.06 FEET; THENCE NORTH 616-23 `36"-- EAST-165 OD FEET-: -- THENCE SOUTH 88'36'24" EAST 151.00 FEET TO A POINT WHICH SEARS NORTH 01023'36" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 01023'36" WEST 37.30 FEET TO THE TRUE POINT OF BEGINNING. (ALSO KNOWN AS REVISED PARCEL S OF ao NDARY LINE ADJUSTMENT RECORDED AUGUST 16, 1999 UNDER RECORDING NO. 19990816900008) PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH, HAVlmG A 15.00 FEET OF SUCH WI17TH ON EACH SIDE OF AN EASEMENT CENTERLINE DESCRIBED AS FOLLOWS: COI•SMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE SOUTH 88031'43" EAST 333.87 FEn'T ALONG THE NORTH LINE T'dER.EOF; zJ THE NORTH 3.00"FEET OOFWSAID EST 3SUBDIVISION AND 3.00 FEET TO ETHE TRUEIPOINT OF BEGINNING; 'THENCE CONTINUING SOUTH 01023'50" WEST 11.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 39.27 FEET ALONG SAI❑ CURVE THROUGH A CENTRAL ANGLE OF 45000'00"; THENCE SOUTH 43036'10It EAST 120-02 FSST TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY AND SOUTHERLY 39.27 PSET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45040'00 THENCE SOUTH 01023'50' WEST 48.81. FEET; THENCE NORTH 88036'24" WEST.' 176.02 FEET TO THE TERMINUS OF SAID BASEMENT CENTERLINE; THE AIDELINES'OF THIS EASEMENT SHALL BE SHORTENED OR LENGfH^aNE❑ SO RS TO MEE" AT ANGLE POINTS AND TERMINATE IN SAID.SOUTH LINE OF THE NORTH 33.OD FEET, IN KING COUNTY, WASHINGTON- 19948909061505 P"GE BfFi OF 9B7 84•@'i•l933 1S 2F FiRsr MFAfGW "D ii KIN: Cgt1Fi1 Y. NR am r EXHIBIT B Page 1 of 3 REAL PROPERTY TAXES, A LIMN NOT YET DUE AND PAYABLE. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: R CO ED-. - JULY 1 1959 -- RECORDING NO.: 5050925 FOR: A WATER PIPE LINE AND METER AFFECTS: THE LEGAL DESCRIPTION CONTAINED IN SAID EASEMENT IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN SAID PREMISES MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: DATED: JUNE 24, 1960 RECORDED: JUKE 28, 1960 RECORDING NO.: 5175809 COMPROMISE AGREEMENT CONCERNING ASSESSMENT OF REALTY FOR SANITARY SEWER SERVICE AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: DOUGLAS CLERGET AND FAYE CLERGET, HUSBAND AND WIFE - AND: FEDERAL WAY WATER AND SEWER DI972ICT RECORDED: JANUARY 24, 1986 RECORDING NO.: 8601240894 CONDITIONS, NOTES AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 8606179001. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS; BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C): } RECORDED: FEBRUARY 16, 1989 RECORDING NO.: 6902160201 CONDITIONS, NOTES AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 9010059012, I w N 199989-- 05 racy ees oc ee: 89r89,1449 IS 24 FIRST WWRCCM UD 1400 KirIC CLwMF7. W M } EXHIBIT B Page 2 of m CONDITIONS, NOTES, PROVISIONS AND DRAINAGE EASEMENT CONTAINED AND/OR DELINEATED ON THE FACE OF THE SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 9203029004. -- CONDITIONS, NOTES, PROVISIONS AND DRAINAGE EASEMENT -- CONTAINED AND/OR DELINEATED ON THE FACE OF THE SURVEY RECORDED UMER KING COUNTY RECORDING NO. 9307289001. SANITARY SEWER AND WATER DISTRIBUTION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: FEDERAL WAY WATER AND SEWER DISTRICT AND: SOME DEPOT U. S.A., INC., A DELA+iiARE CORPORATION C/O GREENBERG FARROW ARCHITECTURAL PLANNING RECORDED: AUGUST 31, 1993 RECORDING NO.: 9308310313 MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: DATED: MAY 11,-1994 RECORDED: MAY 31, 1994 RECORDING NO.: 9405310581 THE L18N UNDER SAID AGREEMENT WAS RELEASED BY INSTRUMENT UNDER RECQc�DING NO. 9504120181, EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 22, 1993 RECORDING NO.: 9309220422 IN FAVOR OF: WFSSiNGTON NATURAL GAS COMPANY FOR: GAS PIPELINE OR 131PZLXNES AFFECTS: 5 FEET.` ON EITHER SIDE OF THE NATURAL GAS DISTRIBUTION LINE AS CONSTRUCTED OR TO BE CONSTRUCTED TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN LOT LINE AD,TUSTMENT: NO.: BLA 93-0006 RECORDED: OCTOBER 26, 1993 RECORDING NO.: 9310269004 1999S9S9001505 Prcr 04G Or Bel KING C"TY, UP FIRST Ammlaw NU 14 00 y` _tea _•;-, � � z%�•�•. s....�. - _- --- ,.e _ � � : I V - y Z EXHIBIT B Page 3 of 3 WETLAND AND BUFFER MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: -- HOME DEPOT U.S.A.,-__INC- ---- --------- - BETWEEN-:- CITY OF FEDERAL WAY AND: RECORDED: OCTOBER 29, 1993 RECORDING NO.: 9310290151 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: ApSIi, 14, 1994 �} RECORDING NO.: 9404140516 PUGET SOMM gOKBR AM LIGHT IN FAVOR OF: COMPANy,A WASSINGTON CORPORATION ELECTRIC TRANSKISSION AND/OR FOR: DISTRIBUTION SYSTEM AFFECTS: A STRIP OF LAND 12 VEET 19 WIDTH PARALLEL WITH AND ADJOINING LYING THE EAST RIGHT -OR -WAY OF 16TU AVENUE SOUTH, ALSO KNOWN AS SR 161 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: ' RECORDED: APRIL 14, 1994 RECORDING NO.: 9404140517 PUGET SOUND POWER AM LIGHT IN FAVOR OF: COMPANY, A WASHINGTON CORPORATION ELECTRIC TRANS=SSION AND/OR FOR: DISTRIBUTION SYS79H THE LEGAL DESCRIPTION CONTAINED IN AFFECTS: SAID EASSboa TS NOT SUFFICIENT TO DETERNIN8 ITS EXACT LOCATION WITHIN SAID PREMISES TERMS AND CONDITIONS OF REAL PROPERTY LICENSE RECORDED. MAY 31, 1994 f RECOiLI]ING NO.: 9405310577 CONDITIONS, NOTES AND PROVISIONS CONTAINED AND/OR RECORDED UNDER DELINEATED ON THE; FACE OF THE SURVEY KING COUNTY RECORDING NO. 9503099003. r 19990989001505 PF4E"/8 M7 OF 867 r1w, , rr. MR FIRST AMERICM Im 14 09 ,w- EASEMENT FOR WATER FACILITIES THIS AGREEMENT by and between Lakehaven Utility District, a municipal tion of King Cqunty, Washington, hereinafter termed "Grantee" and hereinafter termed "Grantor". WITNESSETH: That Grantor, for and in consideration of one Dollar or 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 EXHIBITS "A" & "B" ATTACHED 0 co Grantee and its agents, designees or assigns shall have the right, without prior % o 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 C-, the installation, repair, reconstruction or maintenance of water facilities and T appurtenances without incurring any legal obligation or liability therefore, provided that such shall be accomplished in a manner that existing private improvements shall rn not be disturbed or destroyed or in the event that they are disturbed or destroyed, they Q'. will be replaced or repaired, as nearly as is practicable, to as good a condition as they were immediately before the property was entered upon by the Grantee. 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. HOME DEPOT Agreement No. 93-275 Easement No. K LL'D 201 E.03 (1027/97) 0 co r- 0 i e� CV V— C" s r— Grantor additionally grants to the Grantee, its agents, designees or assigns, the use of such additional area immediately adjacent to said easement area as shall be required for the staging of the construction, reconstruction, and maintenance 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 . _off n day of HOME DEPOT U.S.A., INC. aniel R. Hatch Senior Corporate Counsel — Real Estate STATE OF CALIFORNIA) ss: County of Orange } OnAwviL Z , 1999, BEFORE ME a Notary Public m and for said state, personally appeared JYANIEL R. HATCH, ersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. � a � "6& SIG TUBE OF NOTARY PeBLIC (SEAL) LUD 201E 03 (10/27197) r ` PHYC"M I215833 HT 1 U NaTARY FUBLIC-CALIFORNIA G) 4 ORANGE COUNTY Cpµµ _)tp ApRJL 12. Y0031 EXHIBIT A WATERLINE EASEMENT DESCRIPTION THOSE PORTIONS OF LOTS A AND B, CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. BLA 93-0006, RECORDED UNDER RECORDING NO. 9310269004, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH, HAVING 7.50 FEET OF SUCH WIDTH ON EACH SIDE OF AN EASEMENT CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28, THENCE SOUTH 88031143" EAST 713.51 FEET ALONG THE NORTH LINE THEREOF; THENCE SOUTH 01023114" WEST 33.00 FEET TO THE SOUTH MARGIN OF SOUTH 352ND STREET AND THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE CONTINUING SOUTH 01023114" WEST 345.66 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 01023114" WEST 47.56 FEET TO A POINT ___—.. .. HEREINAFTER._ REFERRED_ TO AS ..P_O.INT_. °B".;_—_._ ---_ THENCE CONTINUING SOUTH 01023114" WEST 5.75 FEET; THENCE NORTH 88046142" WEST 244.01 FEET TO A POINT HEREINAFTER c REFERRED TO AS POINT "C"; THENCE CONTINUING NORTH 88*46142" WEST 161.24 FEET TO A`POINT `— HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING NORTH 88046142" WEST 42.76 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE SOUTH 01023103" WEST 99.31 FEET TO A POINT HEREINAFTER cv REFERRED TO AS POINT "F"; '— THENCE CONTINUING SOUTH 01023103" WEST 262.00 FEET; cn THENCE SOUTH 88030'00" EAST 58.24 FEET TO A POINT HEREINAFTER rn REFERRED TO AS POINT "G"; r- THENCE CONTINUING SOUTH 88030'00" EAST 315.91 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING SOUTH 88030'00" EAST 305.29 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE NORTH 01023'03" EAST 252.48 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE CONTINUING NORTH 01023'03" EAST 164.77 FEET TO A POINT WHICH BEARS SOUTH 88036'46" EAST FROM SAID POINT "A"; THENCE NORTH 88036'46" WEST 231.44 FEET TO SAID POINT "A" AND A TERMINUS OF SAID EASEMENT CENTERLINE; ALSO, BEGINNING AT SAID POINT "B", THENCE SOUTH 88-36-46" EAST 31.44 FEET ALONG SAID CENTERLINE TO A TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "C", THENCE NORTH 01°23'14" EAST 19.84 FEET ALONG SAID CENTERLINE TO A TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "D", THENCE NORTH 01°23'14" EAST 167.16 FEET; 1/2 r- 0 0 (V v- rn m on THENCE SOUTH 88036146" EAST 24.05 FEET ALONG SAID CENTERLINE TO A TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "E", THENCE NORTH 881146142" WEST 8.96. FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "K"; THENCE CONTINUING NORTH 88046142" WEST 203.52 FEET TO THE EASTERLY MARGIN OF ENCHANTED PARKWAY (S.R. 161) AND A TERMINUS OF SAID CENTERLINE; ALSO, BEGINNING AT SAID POINT "F", THENCE NORTH 88-36157" WEST 37.50 FEET ALONG SAID CENTERLINE TO A TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "G", THENCE SOUTH 01-30100" WEST 19.96 FEET ALONG SAID CENTERLINE TO A TERMINUS THEREOF; . ALSO, BEGINNING AT SAID POINT "H", THENCE SOUTH 01-42'34" WEST 18.75 FEET ALONG SAID CENTERLINE TO A TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "J", THENCE SOUTH 88-36-57" EAST 19.79 FEET ALONG SAID CENTERLINE TO A TERMINUS THEREOF; ALSO, BEGINNING AT SAID POINT "K", THENCE NORTH 01-13118" EAST 41.78 FEET ALONG SAID CENTERLINE TO A TERMINUS THEREOF; TOGETHER WITH THAT PORTION OF SAID LOT A LYING WITHIN A STRIP OF LAND 25.00 FEET IN WIDTH, HAVING 7.50 FEET OF SUCH WIDTH ON THE EAST SIDE AND 17.50 FEET OF SUCH WIDTH ON THE WEST SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT "I", THENCE SOUTH 01-23103" WEST 34.13 FEET TO THE SOUTH LINE OF SAID LOT A AND THE TERMINUS OF SAID LINE DESCRIBED 'HEREIN. THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN SAID SOUTH MARGIN, IN SAID EASTERLY MARGIN AND IN SAID SOUTH LINE OF LOT A. SITUATE RAL WAY, KING COUNTY, WASHINGTON. 1-m-1 q 2/2 HOME DEPOT WILLIAM A. HICKOX, P.L.S. BRH JOB NO. 91422.43 MAY 25, 1999 REVISED JUNE 2, 1999 REVISED JULY 26, 1999 a --� 100 0 100 SOLE N FEET r:w w IIOf23'03"E N0F23'03`E 34,13 I; 296 jr I) 1 � 11 1� I "HOME DEPOT" 1P.OS, ti IN �i 15 WA1FA LIFE EASEiEili S0f23 asl/ill sst 4� �I MATCH LINE -'SEE SHEET 2 OF 2 BRH MI RDED M HCICHIHGS, IIrC CIYlL EIiQI m i LAIC Sk1m 200914W AVE E (200) 323-4144 gmYA 99102-3513 SU08 kA1043 �N SIFT 10F 2 EXHIBIT B WATER LINE EASEMENT SKETCH PREPAY FOR; HOSE DEPOT U.S.A., INC. , MATCH I.N • SEE SHEET 10F 2 �fl �I jl E' 1 "HOME DEPOT" I 100 0 100 NOr23'14"E 1 N FEET 19,84 i l l s r:100 k I I �I l —--��P% �' III I is E I � Ili R I art----------- I la y h 38t31 ° 14' 'E D I I �__-i ----------- J I 10-it r__j T-J ij VIM I � i W464r"W 41i8' j Lq fl II II li t,l I�1 ENCHANTED PARKWAY Amob BRH UH,FS & HifUNGS K casam A UAHD S41RYE't'Ofi5 MMU AYEE (206) 323-4144 SEATIIP, U S102-354 Bt1Fl JOB & 94k22A3 Me SIfET 20F 2 EXHIBIT B WATER LINE EASEMENT SKETCH PREPARED FOR, HOME DEPOT U.S.A., INC. 0 a C14 C., CV .-- M rn Return Address: Lakehaven Utility District P. O. Box 4249 Federal Way, WA 98063-4249 L1� I999=2200 r �cr sas 1 Hs1VFAf 808 UirL ER8 I I2.0 K NCUu9g l 3 e frry, 1JR 4 COVER SHEET Document Title: Easement for Sewer Facilities Reference Number(s): Grantor(s): Home Depot USA, Inc. Grantee(s): Lakehaven Utility District Legal Description: Por Lot A & B, City of Federal Way BLA 93-0006 Additional legal descri Lion is on Exhibit "A" of document Assessor's Property Tax Parcel/Account Number: 282104-9008 and 282104-9079 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 2,602,210,4941,000 N/A Fund: (circle vne Amount: WATEXVSXWEWaiNT $12.00 ca c N EASEMENT FOR SEWER FACILITIES THIS AGREEMENT by and between Lakehaven Utility District, a municipal ,tion of King County, Washin on, hereinafter termed "Grantee" and �PCaT U•S-�•. ��-a �e�al,�.r8_ Gt-f�i�l hereinafter termed "Grantor". WITNESSETH: That Grantor, for and in consideration of one Dollar or 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 EXHIBITS "A" & "B" ATTACHED 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 sewer facilities and appurtenances without incurring any legal obligation or liability therefore, provided that such shall be accomplished in a manner that existing private improvements shall not be disturbed or destroyed or in the event that they are disturbed or destroyed, they will be replaced or repaired, as nearly as is practicable, to as good a condition as they were immediately before the property was entered upon by the Grantee. 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 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. HOME DEPOT Agreement No. 93-275 Easement No. LUD 201 E 11 (10/27197) N N vn rn rn r— Grantor additionally grants to the Grantee, its agents, designees or assigns, the use of such additional area immediately adjacent to said easement area as shall be required for the staging of the construction; reconstruction, and maintenance 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 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 IAn day of 4_ 19 STATE OF CALIFORNIA-) ss. County of Orange HOME DEPOT U.S.A., INC. aniel R Hatch Senior Corporate Counsel — Real Estate On1999, BEFORE ME, a Notary Public in and for said state, personally appeared IJANIEL R. MATC1Y, personally known to me (or -proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. qa� U .Ly� �, 1,." SIGNATURE OF NOTARY PUBLIC (SEAL) LUD 201111 (10/27/97) l \ i r PHYLLIS A. MarKN GHT; .,� NOTARY COMM81L�IC CAF33 OR#IAfl ORANGE COUNTY n COMM EXP. APRIL 12, 2003 a co ►, c" V- c7 rn rn V_ EXHIBIT A SEWER EASEMENT DESCRIPTION THOSE PORTIONS OF LOTS A AND.B,..CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 93-0006, RECORDED UNDER RECORDING NO.-9310269004, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH, HAVING 5.00 FEET OF SUCH.WIDTH ON THE SOUTH AND EAST SIDES AND 10.00 FEET ON THE NORTH AND WEST SIDES OF AN EASEMENT CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28, THENCE SOUTH 01021138" WEST 425.77 FEET ALONG THE WEST LINE THEREOF TO THE WESTERLY PROLONGATION OF AN EIGHT -INCH DIAMETER SANITARY SEWER MAIN AND THE TRUE POINT OF BEGINNING OF SAID EASEMENT CENTERLINE; THENCE ALONG SAID EASEMENT CENTERLINE THE FOLLOWING FOUR COURSES: THENCE NORTH 89014'17" EAST 129.22 FEET TO THE CENTER OF A MANHOLE; - _ _ THENCE NORTH- 87056136". EAST 402.59• FEET YO THE CENTER 'OF A MANHOLE; THENCE SOUTH 87030'53" EAST 396.72 FEET TO THE CENTER OF A MANHOLE; THENCE SOUTH 01020114" WEST 329.39 FEET TO THE CENTER OF A MANHOLE; THENCE CONTINUING SOUTH 01020114" WEST 10.00 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE; EXCEPT THAT PORTION THEREOF LYING WITHIN ENCHANTED PARKWAY (S.R. 161) ; THE SIDELINES OF. THIS EASEMENT SHALL BE SO SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN SAID EASTERLY MARGIN. SITUATE IN THE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON. HOME DEPOT U.S.A., INC. WILLIAM A. HICKOX, P.L.S. BRH JOB NO. 91422.43 MAY 25, 1999 REVISED JUNE 1, 1999 I I o f I I � c I C}1 I E 1 + i CIO 1 rn S L t + I + � I LI 3 2 /.,9Zv' t Ga NOLLo3S `-Mn 1S3M Y M_ss1 �--os AVMNHVd 03INVHON3 LU EmWbC CO CO =cr.WU-+ . F-- WaWW COW Iz- 4s m Im LL d-I W W Z Z NI Z c cq Q U— coI 3 N 0 z O Z O W U L ZI f 1 ssr�r I H L.8 JY� 8 LCJ � 4 p g ti; a e p� @@A 01 _ S RESTRICTIVE COVENANT _ v' C,AFiI7I G uSE q�•S I TED AREA A Douglas Cleroet, referred to herein as "Clerget" with an address of 1643 Sossti 352rd�1 a eral_W 47A_ 98003---_-___-. is _ -- --the_ormer=af-certain-rea3-prRaert�---("C1-erpr-t rraperty")-1-ccated-_.-- - in King County, Washington, having a local description az set forth in Appendix No. 1 attached hereto and by this referenda made a part hereof ("Clerg-at Property"), and makes this �I restrictive covenant regarding use of a portion of its property. C RECITALS 89/02/16 #0201 D RECD F 11.00 CASH5L *°k*11.00 55 A. Immediately to the north of the Clerciet Property and c adiacent thereto is real property owned by King County. The legal description of the King County property is attached hereto i t as Appendix No. 2 and by this reference made a part hereof ("Kino 1 County Property"). E B. The King County property is generally at a lower elevation than is the Clerget Property. C. It will be necessary to construct a retaining rock wall of approximately four (4) feet to fourteen (14) feet in height t 0 along the southerly Portion of the King County Property in order to construct a Mig County Commercial Access Road at a location along the southerly Portion of the King County Property. D. King rounty has a requirement that where a retaining [f rock wall is involved in a construction setting that there he O .O certain restrictions on the use of the land immediately behind the constructed rock wall enual to the height of the rock wall, CO sometimes referred to as a "i to t" or "3 to 1" restrictive covenant in such situations, i.e. the owner of the property behind the rock wall must agree to a restrictive covenant with respect to the use of the property behind the rock wall as it relates to the height of the rock wall. E. Clerget is willing to enter into such restrictive covenant to comply with the requirements of King County with respect to the use of the property behind the rock wail as set forth below. NOW, THEIWFOREe in corsidpration of the premises set forth above, Clerget hereby makes the following covenant as to the use of the Clerget Property for the limited area behind the above- i, described rock wall: 3 'Claraet will not use thm surface area along the top of ' and mouth of the retaining rock wall ahovp-described for a r' distance equal to tha height of the retaining rock wall itself (which is not to exceed fiftean 115) feet zt any location), matured from the face-cf. said rock wail, for the construction of ! vehicular road traffic: storage of vehicles, or to construct footings for structures_ within the area cry I Y—thLego _ .•, tit! wall, a line with a 211 slope (2 horizontaI to i vertical) or other usm which would adversely affect the titructur dl 'integrity and support of the rock wall until the retaining wall is Nstructurally redesigned and constructed in accordance with such O redesign for use of loads in the limited reastricted area so as to CV C) permit the uses which are presently restricted or until otner g0 ■truetural support is provided for either the retaining wall or tht structures locAtad within the set -back area. The area covered by'this restrictive covenant is nore fully described in Appendix No. 3 and by this reference made a part thereof,. •. 2. Clerget ^great that King County shall not have any responsibility for the integrity and support of the rock wall by virtue of this document or its acceptance of same. Furthermore, Clerget shall have no responsibility for arse. 3. Should subsequent development of the Clerget Property or - Clerget's use of the Clerget Property np irr„por require the use of the rock wall herein described, this rest,fictive covenant shall be void and no longer be of -any further force and effect. 1 f Should subsequent development of the CIDr-get Property result in � i reducing the rock retaining wall, the height shall be adiustad l according to the criteria afa identiiiad In • paragraph 41 herein. 1 4. Clerget shall retain the right to use the restricted area as.above-described for purposes which do not violate the restrictive e:ovenant'set forth in paragraph N1 hereof. �.. This restrictive covenant shall l,•e a covenant running O • O with the land of Cleroet and shall be bind.no uron the successorsr heirs and assigns of Clernet. 0 \ on 11 IN WITNESS WHEREOF C:eroet has er:ecutyed this Restrictive Covenant Agreament'the day and year first above written. Douolai Cleroet STATE OF WASHINGTON ) ) -ss.• . COUNTY OF KING ) On this _ 7`='_ day r� or +:o�,.zr•Iq CLr before nset p -snr;ally appearedDnuglas Cieretr to me 'known to be the owner axecuted the within and forcr+poinn instrument, and acknowledged said instrweont to be the free and voluntary act and deed of said owner, for the uses and purposes therain me' tignedr and on oath stated that her is authorized to execute than saiv instrument. i IN WITNESS m-IEREOF, I have hereunto wet my hand and affixed my official seal the day and year first above written. i ��� NOTARY PUKTC in and for the State of Washingtonr residing at .s�,':'•► My appoiritment a;tpirest r Lv ; .4 +1Mirniruwwrwi .rr�w A 1 APPENDIX No. 1 "Cleroet Property" The North 112. MEPT portion conveved tC the State of Washington ' 4or State HighMay No. 1, Pierce County L. ne to Junction Secondary Sta'te_kliahuay-No.-S-i�hv-�eeq-reoorded-uri�6i--'AiidY-to�''s�'fT�ly. � 49845n rocords of King Countyr of thm foi:axing described tract �. Of land; The Northwest 1/4 of the North6w5t 1/4 of Section 28, N Township 21 North. Range 4 East W.H., EXCEPT the South 15 acres, ! O and EXCEPT state highway, AMD EXCEPT County road; Slp�uate in the .D County of King, State of Washington. N W ! SA®LER/ S s BARNARD r& ASSOC. INC 31218 PACIFIC HIGHWAY SOUTH FEDERAL WAY. WASHINGTON 9AOD3.5496 TELEPHONE (206) 941-1 599 APPMIY No. 2 "King County Proptztty" December 22, 1988 Page 1 of 1 Our Ref.: Misc. Costco: Lindsay Design ---•LECALJ]ESCRIPT.I.ON---------------- ..__ —.- - - - - --- ------- That portion of the North 30.00 feet of the Northwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., and that portion of the South 30.00 feet of the Southwest quarter of the Southwest quarter of Section 21, Township 21 North, Range 4 East, W.M. lying Easterly of SR 161 and Westerly of Inter- O State Highwap No. 5; a SITUATE in tye County of King, State of Washington. c I r . .. ' S. g aSADLER! BARNARD A A$SAX. INC XTEMIx No. 3 Area of Restrictive Ca✓enant" I218 PACIFIC HIGHWAY SOUTH FEDERAL WAY. WASHINGTON 98003.54% TELEPHONE (2061941.1599 Decal-lber 22, 1988 Our Ref.: Misc. (Costco:Lindsay Design) Pare 1 of 1 LEGAL DE$9RIFTI9N. That portion of the N=thwest quarter of the Northwest quarter of Section 28, Township 21 North, Range 4 East, W.M. rrmnrv, ip Washington,. more fully described as follovs Commencing at the Northwest corner of said subdivision, thence running South 01"21'38" West along the Westerly like thereof a distance of 1 30.00 feet; thence South 88'31,41" East, parallel with the. North line Of said subdivision, a distance of 270.00 feet to the True Point of co $eginning; thence continuing South 88'31'41" East a distance of 331.83 feet= thence South 65635'59" West, 55.+00 feet, thence South 8g°56'38" West, 15Q.00 feet; thence North 79'00'37" West. 127,00 feet; thence North 44°09'04" West, 10.00 feet LO tile True Point of Beginning. That portion of the Northwest quarter of the Nurthwest quarter of Section 28, Tuwnship 21 North, Range 4 East, iv.M., in King County; Washington, more fully described as follows: Commencing at the -Northwest corner of said Subdivision; thence x'unning South 01021'38" West along the Westerly line thereof a distance of 30.00 feet, thence South 88031't.l" East, parallel with the North line of: said subdivision a distance of 1,047.00 feet to the True Point of Beginning; thence continuing South 88'31'41" East a distance of 130.73 feet; thence South 66005'42" West,3; 5:oQ feet thence South 85'3"03" West. 29.00 feet; thence North 86614,oB" West, 25.o0 feet; thence North 58'31'41" West, 24.00 feet; thence North 7G°59'�8" West, 25.00 feet to the True Pairs cf Beginning I t AFTER RECORDING RETURN TO: G DEPARTMENT OF TRANSPORTATION � REAL ESTATE SERVICES P.O. BOX 4 7338 OLYMPIA WA 98504-7338 0 QUITCLAIM DEED x y IN THE MATTER OF 5, Pierce County Line to Jct. SSH No. 5-A KNOWN ALL MEN BY THESE PRESENTS, that the STATE OF WASHINGTON, for and in consideration of realignment of drainage easement hereby 14 conveys and quitclaims unto HOME DEPOT U.S.A. INC, a Delaware Corporation, all right, title, and interest under the jurisdiction of the Department of Transportation, in following described real property situated in King County, State of ,1 and to the p Washington: That portion of the northwest quarter of the northwest quarter of Section 28, Township 21 North, Range 4 East, W.M., in King County, Washington, acquired by the State of Washington by Warranty Deed recorded March 25, 1959, under number_501?M-9 Vnlsame_3892 page 345 and by judgment and Decree filed June 17, No, 535008--- -- -- t — -: 1959, in King County Superior Court Cause The grantee as part consideration herein does hereby agree to comply with all ` civil rights and anti -discrimination requirements of Chapter 49.60 RCW, as to the lands ,• �,. 'herein described. 66 The lands herein described are not required for State highway purposes and are conveyed pursuant to the provisions of RCW 47.12.063. l Dated at Olympia, Washington, this ay of. 19 t STATE WASHINGTON 1 EXCISE TAX HOT REQUIRED r 4Sor"rnison King po. 9 cords 1 iylwen - r n Secretary of Transportation APPROVED AS TO FORM: By. IL AA Assistant Attorney Ge eraI REV16AS TO FORm- fir . ,.4 OT U.S.A., INC.- i r Page 1 of 2 Pages t r I. C. r1-1705561 ks YrP. z.. STATE OF WASHINGTON ) ): SS County of Thurston ) On this 141 -P—' . day of I9��, before me personally appeared Sid Morrison known to me as the Secretary of Transportation, Washington State Department of Transportation, and execrated the foregoing; instrument, acknowledging said instrument to be the free and voluntary act and deed of the. State of Washington, for the uses and purposes therein mentioned, and on oath stated the he was authorized to execute said instrument. �;ven under my hand and official seal the day and year I t above written. t J::% • i otary Public in and for the State of - ;t .�' Washington, residing at Olympia Y-111�ryw� •r. My Commission Expires S p Acknowledgement attached to Quitclaim Deed STATE OF GEORGIA COUNTY OF COBB ) On this 21 st day of April, 1995, before me, the undersigned, a Notary public in and for said State, personally appeared L. A. Smith, to me known to be the Vice President - Legal of Herne Depot U.S.A•, Inc., a Delaware corporation, that executed the foregoing instrument, and who acknowledged to me that: the said Instrument was executed for the purposes and consideration therein expressed as the act of the corporation, and the instrument was signed by the authorized signatory, all by authority of the Board of Directors of said corporation. WITNESS MY HAND and official seal hereto affixed the day, month and year in this certificate first above written. My commission expires: , Ift Comt("W ExWos A1u& 10, 1008 dam d' L. Gould Notary public in and for the State of Georgia Residing at Cumming _�.. �rt�•� r✓. ,, '�Si:rn* - • ate;..,:.. - - - ,f ` M .�r•FLw •1 i 1 HOME DEPOT Agreement No. 93-275 0 o A G R F. F. M E N T THIS AGREEMENT, entered into in duplicate between the o FEDERAL WAY WATER AND SEWER District, King County, a municipal s -c corporation of the State of Washington, hereinafter referred to as the "District" and HOME DEPOT U.S.A., INC., A DELAWARE CORPORATION, «, 3 C/O GREENBERG FARROW ARCHITECTURAL PLANNING, 17941 FITCH ROAD, z F IRVINE, CA 92680, hereinafter referred to as "Developer". E j WITNESSETH: F 0 -WHEREAS, the District operates and maintains sanitary sewer y; r and water distribution systems within its boundaries which can serve property of Developer, and WHEREAS, Developer desires to construct certain sewer and 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 sewer and 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. At the time the Developer executes and delivery this signed Agreement to the District, the Developer shall pay all associated charges as set forth in Resolution No. 92-683, or any subsequent amendment thereto, which charges are more specifically described as follows: WATER SEWER Section B - AJ-2: Developer Extension Charge - deposit against the District's administrative, inspection, engineering, legal and other costs, including the cost of main cleaning prior to accept- ance, associated with the extension of Water facilities. $ 2,727.70 S 1,770.00 (See subsection a a b below.) Page 1 O M 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. S 260-00 (See subsection c below.) Total: $ 2_987.7Q $ 1.770.00 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, an 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 monthly invoice- of -such additional -amounts---_ as are due to repay the ❑istrict for actual costs in excess of the amount previously collected. Payment shall be made within i thirty days of the date of the invoice. In the event that the a c') deposit exceeds the District's actual expenses, the District shall issue to the Developer, at project closing, a refund of -� such unused amounts. \` .-D b. The Developer Extension Charge deposit includes the expense of f n the District's review of preliminary plans, which review shall not in any way be deemed an approval of plans for construction purposes. C. Developer shall pay the sum of $150.00, by separate check, to the Washington State Department of Transportation (WASHDOT) for a state right-of-way permit. s 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 _Z!Na 4I -99Z the Agreement shall be void and a new Developer Extension Application, along with application fee, will be required. 4. 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 -VttA5- 30,199K - if construction is not completed by such date, 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. S. The District's engineers shall review final plans and specifications for sewer and water main construction to he performed by the Developer under this Agreement. If preliminary plans are not deemed acceptable by the Dis-L ict, Developer shall be obligated to revise the plans and specifications in accordance with design standard's 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 Page 2 Developer's contractor shall meet with District representatives for a pre -construction conference before construction is commenced. The Developer shall submit mylas originals and duplicate reproducible mylar originals prior to the preconstruction conference. 6. 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, all3Inc.—, 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, 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. The District shall have the right to approve any change in the consulting engineer or surveyor during the project and Developer M 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. T 7. In addition to all amounts payable by the Developer, as set forth herein, the Developer shall pay, prlor tic the preconstruction conference, the sum of $18,102.00 as and for a charge in lieu of assessment for sewer facilities previously constructed which provide direct benefit to Developer's property, or a portion of nevelepar's property, and for which District funds were used to fund or partially fund the construction, pursuant to and in accordance with District Resolution No. 92-683, Section U. 8. In addition to all amounts payable by the Developer, as set forth herein, the Developer shall pay, prior to the preconstruction conference, the sum of $31,344.00 as and fog a charge in lieu of assessment for water facilities previously constructed which provide direct benefit to Developer's property, or a portion of Developer's property, and for which District funds were used to fund or partially fund the construction, pursuant to and in accordance with District Resolution No. 92-683, Section U. }� #' 9. The District will make application for WASHDOT and city of Federal Way 'Right-of-way Construction Permits'. Developer acknowledges familiarity with the provisions of such Right-of-way Construction Permits and agrees that it or its contractor's failure to comply with any of the provisions of the permits shall entitle the District, in addition to the right to enforce any other remedy available to WASHp0T and the City of Federal Way as the permitting parties, 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, l Page 3 ll try 10. 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. 11. 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. Foam and contents of bond shall be determined by the District. 12. Construction shall be performed in accordance with District approved plans and specifications and only under the (n supervis on of workers or craftsmen, experienced ixi t1wiffs-tellation of sewer and water mains and the related work. c'7 CD 13.- By execution of this Agreement, the District does not nguarantee 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 0- utilized beyond their design or approved capacity or become inoperative for any cause, the district reserves the right to refuse•eny 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. 14. The District shall not be obligated to allow connection of any property designated in the King County Sewerage General Plan as "Non -local Service Area". I 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. Page 4 N F•A 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 he 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 s5,000.00, whichever is greater, that -a reliable contractor will make and pay for repairs necessary-- - - (-0 within one (1) year from the date of acceptance of said O construction, arising from faulty labor or material. Form of bond cl) is to be approved by attorney for the District. Developer shall ti• 00 also deliver Sills of Sale for sewer and water mains and 0 appurtenances installed and constructed pursuant to this Agreement, ; ,r together with permanent easements for their location in a form 4 acceptable to the District. 19. upon completion of construction, Developer shall summit for acceptance and approval to 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, r which occurs prior to said acceptance of work by the District. r 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. i 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 of Federal Way Water and Sewer. 23. Developer shall not assign this contract without the written consent of the District. 24. The District shall provide sanitary sewer ear -vice following the District's acceptance of the sanitary sewer system for operation and maintenance and upon payment of the connection charges as sat forth and in accordance with District Resolution No. 92-683. Said connection charges shall consist of the Capital Improvement Charge (CIC), Side Sewer permit Fee and any other such ch-irges to be levied in accordance with said District Resolution No. 92-683 or amendments thereto or any other applicable District Page 5 ar4 Resolution at time service is requested. The District acknowledges that the General Facilities Fee has been paid to the District as a portion of the assessment on the District's ULID No. 53 and that a credit for nine (9) Equivalent Residential Units per acre for the District's current Capital Facilities Charge exists. Accordingly, Developer, or Developer's successors in interest, shall be obligated only for any excess level of facilities usage on the property above nine (9) Equivalent Residential Units per acre as ~� determined by the District. 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. 92-683. 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. 92-683 or amendments thereto or any other applicable District Resolution at time service is requested. 26. Partial waiver or waiogr b a - - y cquiescenacby the- D3st=ict of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. C'7 27. This Agreement shall constitute an easement and servitude C3 upon the property described herein and shall be binding upon this O heirs, assigns and successors in interest to the Developer. This C7 Agreement shall constitute an equitable lien against property 00 described herein and in the event of nonperformance by Developer, � as stated herein, the ❑istrict may foreclose said lien in the 0` 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. 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 attorneys' fees and costs, including 'those incurred on appeal. WITNESS our hands and seals. HOME DEPOT L'.S.A., INC., a Delaware Corp `ation 1 % By Its V.I Date: 7 FEDERAL WAY WATER AND SEWER King County, Washington Director of Engineering Dated: 7 -1� 3 Page 6 ❑r eI STATE OF GEORGIA COUNTY OF COBB I -HEREBY —CERTIFY —that -on -this -day; before-me,—an-officer-duly-quaUFied-to take--= -- acknowledgements, personally appeared Lawrence A. Smith as Vice President -Lega; of SOME DEPOT U.S.A., INC., a Delaware corporation, to me known to be the person who executed the foregoing agreement on behalf of SOME DEPOT U.S.A., INC. and. he acknowledged before me that he executed the same. WITNESS my hand and official seal in the county and state last aforesaid this L day of I993. (Notaria) Seal) �« Notary Public My commission expires: c` ) th - J c� co l7 C~0 T I r EXHIBIT 'A' PARCEL A THE NORTH HALF, EXCEPT PORTION CONVEYED TO THE STATE OF WASHING - TON FOR STATE HIGHWAY NO. 1, PIERCE COUNTY LINE TO MJNCTION S'ZCONDARY STATE HIGHWAY NO. 5-A BY DEED RECORDED DOER RECORDING NO. 494573, RECORDS OF ]LING COUNTY, WASHINGTON, OF THE FOLLOWING DESCRIBED TRACT OF LAND; ---- THE NORTHWEST QUARTEit $F THE �O73THt�E5TfQuARTER-OF—SECTION x 8 ■— TOWNSHIP 21 NORTH, RANGE 4 EAST, W.H., IN KING COUNTY, WASHING - TON; EXCEPT THE SOUTH 15 ACRES; AND EXCEPT STATE HIGHWAYS AND COUNTY ROAD. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEEL B THE SOUTH HALF OF THE FOLLOWING DESCRIBED PROPERTY: C7 THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHING- O TON; EXCEPT THE SOUTH 15 ACRES THEREOF; AND EXCEPT THE STATE HIGHWAY NO. 5-D (KIT CORNER ROAD SOUTH); OAND EXCEPT THE 16TH AVENUE SOUTH (COUNTY ROAD NO. 200);' AND EXCEPT STATE PRIMARY HIGHWAY NO. 1 (SR 5-A) . SITUATE IN THE COUNTY OF KING, STATE OF'WASHINGTON. 91422.04/eng4lb Home Depot ' Agt. No. 93-275 - O 1 s, HOME DEPOT Agreement No. 93-275 Agreement for connection of water and seder Facilities as Substantially Complete WHEREAS, the District and Developer have entered into a Developer Extension Agreement dated July 19, 1993, and recorded under Auditor's File No. 9308310313, 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 completion, and WHEREAS, to accommodate Developer's construction schedule, the l ` parties mutually desire to extend the applicable period for completion; NOW, THEREFORE, IT IS AGREED as follows: 1. The parties hereby agree that the completion date for the project, as set forth in paragraph no. 4 of the Developer Extension 00 Agreement, shall be December 31, 1994, and said paragraph no. 4 is amended accordingly. 2. This Agreement shall modify the Developer Extension LO Agreement No. 93-275, for Hone Depot, only so far as the extension p of the completion period end the connection of water and sewer T!V facilities to serve the property as substantially GomPlete are C) 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 District shall allow connection of the [cater facilities to said property upon execution of thin Agreement and all other documentation necessary for acceptance of the project, completion of a satisfactory purity test, and delivery by ]Developer of the sum of $10,950.00 to the District, which sum shall be deposited in a District account and held to insure the final adjustment of eight (8) hydrants, eighteen (18) valve boxes, one (1) detector double check valve assembly vault, two (2) road crossing patches and the completion of "as -built" original 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 eight (8) hydrants, eighteen (18) valve boxes, one (1) detector double check valve asserably vault, Page 1 211.L-1Q - -, - t • M. `-two (2) mad crosaing patches and the completion of "as -built" original water plans, are not completed by Developer on or Before December 31, 1994, the District atiall be authorized to utilize 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 $3,000.00, which sum shall be f deposited in a District account and held to insure the final adjustment of six (6) manholes and the completion of "as -built" original sewer plans, as same is nseded to fully and finally complete the project in accordance with the Developer Extension Agreement. In the event that the final six (6) manhole adjustments c and completion of "as -built" original sewer plane are not completed by Developer on or before December 31, 1994, the District shall be authorized to utilize the funds no deposited to accomplish the necessary work and Developer shall have no further claim on the funds. Extension Agreement _ _ referenced above which are not herein modified shall remain in #ulI ° force and effect. WITNESS our hands and seals. HOME DEPOT U.S.A., INC. FEDERAL WAY WATER AND SEWER King County, Washington i A f By � Co orate Counsel- Director of Engineering LOU J. to c t� Date: WA, {QQ -- Dated: -Gl7 OF WASHINGTON } ss: '-�f King } q4 I certify t I know or have satisfactory evidence that GO signed this instrument, on oath 115 stated that authorized to execute the instrument and acknowledged it as the of HOME DEPOT U.S.A., INC., to be thb ree and voluntary act of such party N for the uses and purposes meat sd in the instrument. 0 DATED: rah Title My appointment expires Page 2 V4 N a STATE OF CALIFORNIA ) sa. COUNTY OF ORANGE ) on , 1994, before me, PHYLLIS A. RUOFF, a Notary Publid in and for said state, personally appeared _DANIEL_R—HATCH,_ppersona.Ily krkgk-m..to me_(or prayed to me an the basis of satisfactory evidence) to be the person whose names In subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand -and official seal. S1 N URE O NOTARY G t OFFlC.I�I TEAL PHYLLIS A. RM ( SEAL) NOTARY PMUrC.•r�HJFat1liu ORANGE COI}NiY rm!yow- EXP. JAIL l3 1 `..; _ ... . :':�+.' +'� :gin ��- ... - ? �.' � . t - - .. •'.i;•o*�-"•' ��+ .r '-.,•-r v-�a� 0 W HOME DEPOT Agreement No. 93-275 Agreement for Connection of Water and Sewer Facilities as Substantially Complete WHEREAS, the District and Developer have entered into a Developer Extension Agreement dated July 19, 1993, and recorded under Auditor's File No. 9308310313, providing for the connection of facilities constructed by the Developer to the District's water and sewer systems, and S WHEREAS,- the :water. -and -sewer--facilities to -be -so --connected .are-___ r, substantially complete and suitable for connection under District Resolution allowing for such connection prior to final completion, and WHEREAS, to accommodate Developer's construction schedule, the parties mutually desire to extend the applicable period for completion; NOW, THEREFORE, IT IS AGREED as follows: 1. The parties hereby agree that the completion date for the project, as set forth in paragraph no. 4 of the Developer Extension Agreement, shall be December 31, 1994, and said paragraph no. 4 is amended accordingly. 2. This Agreement shall modify the Developer Extension N Agreement No. 93-275, for Home Depot, only s❑ far as the extension C of the completion period and the connection of water and sewer Wil facilities to serve the property as substantially complete are a) 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 District shall allow connection of the water facilities to said property upon execution of this Agreement and all other documentation necessary for acceptance of the project, completion of a satisfactory purity test, and delivery by Developer of the sum of $10,950.00 to the District, which sum shall be deposited in a District account and held to insure the final adjustment of eight (8) hydrants, eighteen. (16) valve boxes, one (1) detector double check valve assembly vault, two (2) road crossing patches and the completion of "as -built' original water plans, as same is needed to fully and finally complete rho project in accordance with the nevelopex Extension Agreement. in the event that the final adjustment of eight (8) hydrants, eighteen (18) valve boxes, one (1) detector double check valve asserably vault, Page I 0 1 0 �. two (2 ) road crvsaing patches and the completion of "as -built" original water plans, are not completed by Developer on or before December 31, 1994, the District s)iall be authorized to utilize the funds no deposited to accomplish the necessary work and Developer shall have no further claim an 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 $3,000.O0, which sum shall be deposited in a District account and held to insure the final adjustment of six (b) manholes and the completion of "as -built" original sewer plans, as same is needed to fully and finally complete the project in accordance with the Developer Extension, Agreement. In the event that the final six (6) manhole adjustments n and completion of "as -built" original sewer plans are not completed by Developer on or before December 31, 1994, the District shall be authorized to utilize the funds so deposited to accomplish the necessary work and Developer shall have no further claim on the ! funds. --- -5. - All other_ provisirns.+of..the-Developer Extension -Agreement — referenced above which are not herein modified shall remain in full 2 force and effect. WITNESS our hands and seals, i. HOME DEPOT U.S.A., INC. FEDERAL WAY WATER AND SEWER King County, Washington By is 0 ,2orate Counsel - Date: q OF•WASHINGTON ) ss: I-qf King ) Director of Engineering Dated: 5 If - CGYY- R4 I certify C I know or have satisfactory evidence that (� signed this instrument, on oath 1N stated that w authorized to execute the instrument tend acknowledged it as the of ROME DEPOT U.S.A., INC., to be th ree and voluntary act of such party V) for the uses and purposes ment ad in the instrument. Lei OWIN DATED: Title My appointment expires Page 2 : v '4 ,an�� _.. " -.. ... - .. ....-.. .. ...._.._..�..............:3'.._....-...-_....:'s•:.. :$'�... iC. `...._.�':`wv-:yea STATE OF CALIFORNIA } COUNTY OF ORANGE On "I , 1994, before me, PHYLLIS A. f' RUOFF, a Notary Pub in and for said state, personally appeared ----DAN,1EL-R.--iATCH,-pers pally --known .to_.me—(or-pro-ved to -me -an th.e--___-.- basis of satisfactory evidence) to be the person whose names is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. wi I • J — m �.�. l • f •�.! GFflCGl3EAL PKVILZS A. RUOFF ( SEAL) RMYOM. OTARY PUBLr,-MIiORNU� ORAKM C(W n IXI. ,]A". 13 1 R4 M ll� O In d' ❑ a M REC:ED LPJCEEnVE1�d UTILITY DISTRICT �fl95 j CERTIFICATE OF COMnLETION cJ ;� AND RELEASE OF LIEN yC{NG NNFSEGFx } The undersigned, Director of Engineering of LAKERAVEN UTILITY DISTRICT, King County, Washington, hereby certifies that all work required to be performed pursuant to Developer Eactension Agreement No. 93-275 Hated 7--19-93 and recorded under-1KiTig-County-Auditor's Fi-le--No:- 2.--------- -and .its — .s dated _-��-9r, recorded under King County Auditor's File No. • 940531G5a1_ for the Development of has been set completed. The Developer a Delaware Corporation has fully complied with all of the !r Developer's obligations pursuant to said agreement, and without r waiving the bond indemnity provision Or other requirements in said { agreement, 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 the zea�tyedescrt+ des- cribed in said agreement may be payable bed 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 day of 19,• QJ P'I LAKERRVE1 UTILITY DISTRICT King County, Washington O by: C� La Shirley Hit on Manager, Customer 5eavices Dept. STATE OF WASHINGTON ) )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that 5hirle xilton signed this instrument, on oath stated that she was authorized to execute the instrument and ac- knowledged it as the Manager, Customer Services Department of LAKEHAVEN UTILITY DISTRICT to be the free end voluntary act of such party for the uses and .purposes mentioned in the instrument. $ DATED: ` Title My.Appointmernt e'xpires: ti: �u:�s:�a rasa•zsi�ss (2 Record Numbers) qa - q 2gZ01,10 g31202.g0 431 21/�,,10-2(100 Y7Z. zy�, /0,20DO B —N _ l I i a i Is r FILED FOR RECORD AT REQUEST OF: HOME DEPOT U.S.A., INC. (Applicaet's Nam.) MAIL TO: CITY OF FEDERAL WAY 33530 IST WAY SOUTH -FEDFM&L--WAYS WA 98033— - - — A1TN: CAROLYN A. LAKE ERItIBiT C� AL THM SPACE RESERVED FOR: RECORDERS USE: RECEIVED THIS DAY OCT Z9 b 30'll �3 BY Tm VIVIS-141 I]F RECURDS :l.i,d;IWINS 110ENSSE The undarstgned owner of certain real property located in Federal Way, Washington and legally described as follows: .,., S.�P rxh-ihi�_'a++ �+r��t,Q�T•CPre�3�r:1_snar3r�--�..��.�_ia�.,..�--� - -• - ('property') hereby gramis an irrevocable license to the City of Federal Way ('City,) sad the City's agents, employees, contractors or represeotativas to enter upon the PCopeny to inspect the eoanmcCuts of Imprnvemenu, the performance of work or to allow Cho City to perfarm any accessary mAintenaace or work, all pursuant to that certain Agroament to Install and Iftintsin Wetlead and Dufter M'igpdon plan and Weaand Eabanal mc-at Band of even data entered into between the City and the undersigned. DATED this _ `ytlay of A-0605j , 199 , a , S A tf) C) ROME DEPOT,INC. 0% CM O By. A. 1I. Litt a (typed/ rioted name) _ lu i C ::'':: (title) 1 STATE OF WASM=N) l�F- COUNTY OF YMO ) On Ibis day peranaally appeared before we to me (mown to be the individual described in and who executed the foregorag Lleease, led on oath swarm that helshelCbey executed the faregniog instrument as his/her/their free and voluotary act and deed for the uses and purposes therein meadoced. GIVEN my hand and official seal this day of 199_ Notary Public in and for the State of Washington, residing at l My commission expires m..x..sarran.a aCOEG rR STATE oFwAaHviwom co ,'I i1ATE Nt]'i M COUNTY OFY.BIGCa38) On this day perscmlly appeared before me f}•.M . r-LI-T- - to me known to be the sFUrot CMAV-479 of ��kE pEl+e-r Cl.5-A.j = r's� the corporationupt executed the wWiia and foregoing lostntment, and acknowledged the said inatrumeat to be Iho free and voluntary act and dead of said corporation, for the uses aa3 purposes 6erain mcatiooed, sad on oatii et" chat bdshe wan authorized to execute said instrument and that the real affixed, if any, Is the corporate seal of said corporation. GMN my hued cad afficlel reel this day of jjj,1�057' r Notary ablia In and fa o St. offs ;k K Amy raiding .r lr Aa- , Nfy cammisg{g e� � hiMhereri �L•.i deer. E4,16+15 �nE EXHIBIT "A" PARCEL A THE NORTH HALF, EXCEPT PORTION CONVEYED TO THE STATE OF WASHING - TON FOR STATE HIGHWAY NO. 1, PIERCE COUNTY LINE TO JUNCTION SECONDARY STATE 'HIGHWAY NO. 5-A BY DERD RECORDED UNDER RECORDIKO -- - NO-.-4 57] FRECORDS ..OF-YrxGGCOUNTY, WASHIKGTON; OF THE —FOLLOWING — DESCRIBED TRACT OF LAND; THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.H., IN KING COUNTY, WASHING - TON; EXCEPT THE SOUTH 15 ACRES; AND EXCEPT STATE HIGHWAYS AND COUNTY ROAD. SITUATE IN THE COUNTY OF RING, STATE OF WASHINGTON. PARCEL B THE SOUTH HALF OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTHWEST QUARTER OF THE NORTBWP-ST QUARTER OF SECTION 28, 1 TOWNSHIP 21 NORTH, RANGE 4 EAST, W.H., IN KING COUNTY, WAS4ZNG- TON; EXCEPT THE SOUTH 15 ACRES THEREOF; AND EXCEPT THE STATR HIGHWAY NO. 5-D.(XIT CORNER ROAD SOUTH); AND EXCEPT THE 16TH AVENUE SOUTH (COUNTY ROAD NO. 200); � AND EXCEPT STATE PRIHARY HIGHWAY NO. 1 (SR 5-A). O SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 17- 91422.04/eng4lb fticEivw JUN 0 81993 0" OFPMERAL ►auv 2.. �r3j � J SOME= HOME DEPOT Agreement No. 93-275 b_ � f Real Property License S The undersigned, HoM ArtS x_ hereinafter "Licensor" whose address is M2-7 geo 4 is the owner of certain real .' is property described in Exhibit "A", attached hereto and by this reference incorporated herein. In order that the Federal Way Water and Sewer District, King County, Washington, hereinafter "Licensee", may inspect, c repair and maintain the bypass meter located on, the above -described property, the benefit of which to Licensor is hereby acknowledged, Licensor does hereby grant and convey unto Licensee a license to enter the property and the detector check vault located thereon at such time as deemed necessary tcl.read, inspect, repair and/or maintain the bypass meter. This license may not be revoked without the written consent of Licensee. Any attempt to revoke the same without Licensee's written consent, which; consent shell not be unreasonably withheld where the access rights granted herein shall no longer be necessary, shall entitle the Licensee to terminate service to the property through the detector check valve assembly. The appropriate fire authority shall be immediately notified of any such termination of service. This license, which is non-exclusive to Licensee, shall run with the property and constitute and encumbrance and servitude Page 1 a S� on the same and shall inure to the benefit of Licensee's :o successors in interest. qt1 DATED this Z! day of M , 19--�• Its Corporate Counsel_-_ S OF WASHINGTON ) ss: county o ing ) - .. I certify t I know or have satisfactory evidence that t signed this instrument and acknowledged it to be #Yea and voluntary act for the uses and purposes mentioned in the strument. DATED: Title My appointment expires ATE OF WASHINGTON ) sg: County King ) I cacti that I know or have satisfactory evidence that signed this instrument, on oath stated that authorized to execute the instrument and acknowledged it -as the of to be the free and voluntary act of such pArty'Ri4he uses and purposes mentioned in the instrument.. DATED: Page 2 Title My appointment expires i ... r. .i•...«...-4f.1. ....w-r .. h....w. aw w..•rw�. ...... �...... -ti. .�.5�n. 4. ......r ..�.. ♦. n,..w,_,' STATE OF CALIFORNIA ) ss. ' COUNTY OF ORANGE ) I on 'o% , 1994, before me, PHYLLIS A. RUOFF, a Notary Publicoin and for said state, personally appeared -•-—OANIEL R.-HATCH-, -persona-ily-known to-m".or-prv.ivted aye an the _ basis of satisfactory evidence) to be the person whose names is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity•upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SIGN URE OF -NOTARY WIC OffICfAL5EAt PHYLLIS A. RUOFF x0TAAYPUQU04CAUF0RHfA ORAN& COUNTY F1Y Okf. EXP. JAN. 13 1 5 yOL "; i'� M HOME DEPOT Agreement No. 93-275 EXHIBIT "A" t + LEGAL DESCRIPTION - r �• PARCML A The North half, EXCEPT portion conveyed to the State of Washington f far State Highway No. 1, Pierce County Line to Junction secondary i q State Highway Na. 5-A by deed recorded under recording no. 4947� , records of King County. Washington, of the following described tract of land; The Northwest Qu,R� of the e 4 East, Northwest Kai g County, Washington; arter of Section 28, Township 21 North, S EXCEPT the South 15 acres; AND EXCEPT State Highways and County road... SITUATE IN THE COUNTY OF X1NG,•STATE OF WASHINGTON. RARnM $ N The South half of the following described property: The Northwest Quarter of the Northwest quarter of Section 28, vim! � M Township 21 North, Range e 4 East W.M., in King County, Washington; N O EXCEPT the South 15 acres thereof; AND EXCEPT the State Highway No. 5-D (Kit Corner Road South); AND EXCEPT the 16th Avenue South (County Road No. 200); AND EXCEPT State Primary Highway No. 1 (SR 5-A). SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. w K t. i PISG; the Ornut5r.s' herel.n •convey &nd warrant to the' State of Idashingtan all rights of Ingress •mad Wess (incl"udieg all existinL, fu3atre or p�tahtial eassunts of aocrss, light; view and air) -"to; boot -and between Primary tltatle, Hipbwap No. 1, Pi.eree mimty Line to'Jet. OR No. &M the remainder pf said 11sxcs! "A". rt to wTressly •intended, that these covenanby burdens and restrictions shall run with the -land swd shall forever bind the Grantors, their heirs, successors or sssigts. I a WARRANTY DEED In'the Metier of Primary State Highiony No. 1, Pierce County Line to Jet. an Ka. y-A t. KNOW ALL MEN 13Y THESE. PRESENTS. That the rranfor• Ftyrtle Estelle Hielka, a widow on January 22, 190, and at all times since or and in Consideration q the alien o - Dollars, ! ! ! :.. � �r� and rro/100 - - - {$10.00) - -- - and 'other rnlurtle cainaideratlon hcnrcby convey and tcarrant to the STAre of WASHINGTON, the follrnoir;q &McribC.d real estate situ- ated in, lung County', in the State of Washington: Al3•that portion -of the following described Parcel "A" lying Southeasterly of eL line 4tavu parallel --wi-th': an4 250 "teat :lurthwesterS j, when nea ure4 at ri Vet enolei aWor rsdla:3.y, from the Lit idle cf--.PtIm.Lry State Highway Tic. 1, Pierce County Line to Jct. BSii No. 5-A: PARCEL "A -The Z-mt`I ftlf •-of the 611cw1ng described tract: The Northwest Qi&rter of'the Northwest Quartet" of-Sectimt 26, TornehIp n Korb, ;ewgs 4 amst, iF.hS.,; MC,VT to mouth 15 scree; An EXCUT the . Secondw-y Stets kighway •No. 5-D and County i*oad. g, r The ]ands• being convgved• here'l. coatai�i an area of H9ri f square feet, mime or less, the sy"ifie dnteils' _ �xceraiag'ell of which are to be found wiWn that esrtain camp of definite : �catisin isov.-or ino,�>rd and ou•,.rae in the offics of the Dirictor of ligh:wAys at Olympia, Ana G besaieg •dater of eppraval J ntv •-243 1998,' and the center lime cd' xii leaf In also eL 4n of record 'in Volans i of X"Shusy Plata, pegs 154, records of said County. 1' I i fib � It is 1vulerstood and agreed•thrrt the delivery of this deed is hereby tendcrad and that. 'lle :err+ls oaten abliyatio?ts hereof shall not beco?ne bi?tding upon the State of Washinwan unless and lamit :Ircepted r�. and approt:cd' hemon• in writing for the State, of .ld%ashit+gton, Deparlmcnt of Highways, •b?f 11+c Chief Right of Way Agent. 8th 1]ecAmber, ].95Hop Doted this._.._:....._.........•......dtt3/ of....... .. Aveepted and approved .......... _.__... STATE OF WASI•iINGTON , - DEPAtnTMPM OV I•IIGIIWAYS + ' el By 1 ZAC,ry_:r:. r cmej R gia of Way Aprnf,, • 'STA•rR OF WASHINGTON, - - ss. County of I, the unddrsigined, a notary. public in'.hILd fur fhg �Strrt-C of •Wnsl+nlgton, hercb?f ceriifyf Lhnt on- li+.ie , Hth'December, perso?iitllfappeared before Me, ' Nyrt]e-Estelle Bielka , to vie known: 7o be Me .individual___ cicscrehed ill. rtnrl•?uho: elec•Itted the foreg bgpin8krnirncrrt:.uad ar.- , free and Voluntary ae nud (Iced, for" . l.noic�ledgrd'•that:. signei( and sealei�'thi�•sante'as;••,her ... the Imes and pu.rposcs therein mentioned. Given under my hgnd and official seal the doll andyear last a bore wrUcall. ANotary PIZUe in rsnu Ir+r the State of:Washinp+ru+, Seattle • Itl'Ai++tll f) at i 'E A r V Q m• try` �i: r V 4 4'•. DE 29.. e" t O' iy0. r •d 04$ , I ILI KING COUNTY WASH. DEPit1 Y- — c • :r; r =: •11 �. .� f, L ; n i . S. F. No. 70N•A-4-C{•—iOM. WARRANTY DEED Ilt •the Matter of Primary 'State Highway No, I, Pierce County Line to M Jet. m No- 5-i+ KNOW ALL MEN• BY THESE PRE,ESENTS,• That the -Grantos With E. Sawthe, a widow #�s as her separate estate, .. for and in cunsiderntion of tFie sum of - - - - - Tffi'i and N01100 - - - (410.00) - - - - ,:Dollars� • ; and other valuabl,�ey-oonsidoration •C��Lf1ey G7'lllarra7it to t)!e STATE uF .WASRINaToN, the following [described Teal estate situ- ated.in King County, in the Stale of Washington: nit tit portion bf the following demeribed Parcel "A"- �jriag Som#haasterly of a liar drawn right angles and�or radially, : • . - pd a a'►rith and 950 feat Northwesterly,:when.meaauxa�k=pt fraa''the Line or -Primary Primary state Uighwsty No. 1, Pierce- County Line to Jet. 89H lie. 5-A; •ta , -L� -'.MClTT that tr6'iiigiiweyy-BWnasr'a alation'L$ 18734M the-isorth line of said Parcel isid'WAX"101 line ebal I be t75 feet Northwesterly i Wien measured at right an t4s, ' (i `� from acid LN 11me. I . e. North Half of the following described trac the Northwest ' Qwter of the Northwest Quarter of Section 28, Tvrmahip 21 North, Range-4met, •jt.M.; EXCEPT the Bouth .15 acres; AND SIICWT,secondary Stata'.UfShway No. 5-i}; AND Cvainty Read. i . `la4s being conveyed herein corstain-an.area of'1.21 sores. � more or lees, the -definite ;lie Ypeotfic details con ell of which era to be found within thAt ee.tain map of `record the officr of the Director of Hi6hw4Ys at p> npie, and Location now -and' d,d file in bearing date of approval June 2e, 1958, and the contar.line of.which is also shown of record min Volume l Of. Nighws4y 1'la�s� pag �y�Fi recoxds orsai� County. -- - AL80, the 0 antors herrin'conVeY and xeirraat to 'the, State of Washington all rights of ingreas a�ceis,'light, viewcand ''`bid agreed (Includiag'&7Y-existing, future or patentiel easwarnts of sir] to,, fi' &- ad betrieati Primary Stets-Yighuay No. T,''Pieri•z County Line 'ta Sct: 'SU nail the remn7mt{er of aeiid pazcal "A"; EXCEPT the Grantors shall have the right of•raB0011 b1O aaceaa to road adjoining the Grantors r8malning Panda on the North. _It isezpteislry iaterided'that these covenants, burdens and restrictions shall run7.with the band and shall forever bind the Grantors, their heirs, successors•or assigns.• • +s e= i f 21226 -y jAm 121959 ;a _ ' .. -"�� • - EF: Tom?"' _ _ - '�*r.� 4ic.' 3 • i k. _ !em Tf is understand and agreed that the'.delivery of this deed is hereby tendered and that the ts eendobligations hereof shall not becorne-bi �Wafjjq upon the State, of Washington unless and until accepted Department of Ifighwayjr, by the Chiefhereon in wrifing for the State' Washing and approved hton, Right of Way Agent. 0 Dated this.. jQW__.__day of..Pmambnr._195� ...... . . ............... ..... ..... . .............. . ..... ............. rj ............. . ... Accepted and .... .. ............ ..... ..... . . ... . . .............. .......... STATE OF WASHINGTON -DEPARTMENT OF HICIMVAYq BY------ Ilief R19N of wav i0n� M STATE OF WASHINCTON, ss. county Mate of. Washington, hereby certify that -on this Zt'ke:uQwrsrg� d-j;ottiry public in and for ITW ersonaJIV appeared before me ........... . ......... . . ........... ....................................................... . ..... ... ... .... . ... .......... ............. . .Ar ........ . .. . ............ to 1rje known *to be the individuaL... described in and who executed the foregoing instrument, and ac- - kftozvled�od jQ 'aj the s dnd_vOlun�a voluntary act j _--jigned and seated ame da. therein 1�e`ntionud- tile uses and purpose's Given under my hand and official seat the day and year last above written. P................................ rr .1, rl E 0 R ID E 0 VOL Z" 1959- JAN 12 PIA 1 37 ;T4 KNG CU(J,4'JY WASH. DEPUTY JAJ4 12 -1959-.- u. A. ux to GC ,2 I 1141,__ Notice of Additional Water or Sewer " Facility Tap or Connection Charge NOTICE IS i3RUgY GIVEN that Federal Way Water and Sewer District, of King County, Washington, intends to levy a tap or con- nection charge for providing water and/or sanitary sewer se -..ice to the realty below described. Further information regarding the charge is available 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: r ± N i SEE ATTACHMENT "A" #11.129 E PECD P 6.00 CASHSL *.*** .00 :z This notice is given pursuant to R.C.W. 65.08.170. t C3? DATED this f day of E yFedaral t District .4ate-rand sewe-r • � Position: - SWATE OF WASBINGroN ) ss: County of King ) I certify that I know or have satisfactory evidence that signed this instrument, on oath staged t at nut or ae t❑ execute the instrument and acknowledged it as the JLtgs of FEDERAL WAY WATER AND SEWER D25TRiCE to e to e ree an vo stntary act of such party for the uses and purpones mentioned in the instrument. i DATED i �u`�1 I� T rim.,_.._ • �rrf W t But Title My appointment expires ,s ATTACHMENT "A" LEGAL DESCRIPTION FOR PROPERTIES THAT MAY BE BENEFITTED BY .LID 53 That portion of the West 1/2 of the Northwest 1/4 of Section 28, Township 21 North, Range 4 East, W.M., lying Westerly of the West margin of SR5 (Primary State Highway No. 1); together with tt at portion of the Southwest 1/4 of the Southwest 1/4-of--Section 2-lr Township-Z-l-Nosh RR,arige 4 East, U.M., lying Westerly of said West margin of SR5 and lying Southerly of the South margin of Highway 18 (Primary State Highway No. 2); together with the Northeast 1/4 of Section 29, Township 21 North, Range 4 East, W.M., except for that portion of the 5ostthwest 1/4 of the said Northeast 1/4 of Section 29 lying Westerly Pacific Highway South (SR 9s), together with the South 1/2 of the Southeast 1/4 of Section 20, Township 21 North, Range 4 East, W.M. 2-076 It, ' t C:r F -52 t�iC� Viv :« '�'�^,}-. � �r;•.:; . fir_' ^. N.. W F r a -,WAY WAIW and SkWU D1STIUCT Iwo owlsic M [ ',P"� r4 `Fief: :�• �y ¢� ����}r.3��u � _ �J { ►rl",i, T P7 14 'i saa®er I = N i•— fH 1 � H � sal c..1 o Z �p0° Notice of Additional Water or Sewer Facility Tap or Connection Charge NOTICE IS MM Y 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 to the realty be- low described. Further information regarding the charge is avail-- _._.,—_able_at the District-Office-at-3162.7_._F.irst"_Av.enue_Sou.th,-Federal-. Jay, Washington. The realty subject to the tap or connection charge is described as follows: See attached -- Pages 2 - 14 This notice is given pursuant to R.C.W. 65,08.170. DATED this /I day of 7!Y!1, j 19-D . N By CM Federalay Water and Sewer O) Position: Director of Engirseerin� STATE OF WASHINGTON ) .� Q7 as: County of King ) I certify that I know or have satisfactory evidence that Stephen Wieneke signed this instrument, on oath stated 0 N that he is authorized to execute the instrument and acknowledged it as the Director of EnSineering 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: / - / 2 - g _ a 1 a }F1'��''-� - Notary Public l Title ,nx: My appointment expiresVJ a cr ' FEDERAL WAY WATER AND SEWER NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UN0ERSIGNZ0' DOES HERESY CERTIFY THAT THE FOLLOWING AMOUNTS ARE PAYABLE AS CHARGES IN LIEU OF AS$ESSMENTTO PROVIDE SANITARY SEWER ANOIOR WATER SERVICE FOR THE PROPERTY DESCRIBED HEREIN. SAID CHARGES ARE NOT PAYABLE UNTIL SERVICE IS REQUESTED. LA-T6 GOAA {OTHER CHARGES MAY BE APPLICABLE) ' r i-/o 53 " DESCRIPTION SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT OF PROPERTY FF cCFC TOTAL PERMIT Parcel 1 The Easterly 500(#) feet of the South 1/2 of the following _ described property: NW 1/4 of the NW 1/4 of Section 28, Township 21 North, Range 4 East, W.M., situate in King County, Washington; LESS the South 15 Acres and LESS State Highway No. 1 (SR 5) and County Road. —, AKA Tax Lot No. 282104-9008 Ld l s r- z J F— � W La en 0 CA La r LLLL s f- x v x r- Z p' Lj S N_ 2 -t%J--- Parce.l..2. C9 -- Portion of the West 1/2 of the SW 1/4 of the NW 1/4 lying South � of M. E. Neal Road, also known as South 359th Street, 'and West of M1 MInterstate 5. all situated in Section 28, Township 21 North, C]7 Range 4 East, W.M., King County, Washington, described as ; follows: l t i a Beginning at the intersection of the west margin of Primary State Highway No. 1 (SR 5) and the south line of said subsection, being, known as the True Point of Beginning,* Thence West along the said r south subsection sine a distance o€ 240f feet; Thence N00°17'21"E $ a distance of 170 feet; Thence S75051'5D"E a d3sturice of 139.63 ;; feet; Thence SII,48'00"W a distance of 93.53 feet; Thence S88"46129"E to the wg st margin o€ SR 5; Thence South along the said west margin to the True Point of Beginning. AKA Tax Lot No. 282104-9009 Parcel 3 The Easterly 500(t) feet of the North 1/2 of the following described property: The NW 1/4 of the NW 1/4 of... Section 28, Township 21 North, Range 4 East, W.M., situated in King County, Washington; LESS the South -T .�� c+zre Wi nhwxv No. 1 (SR 5) and County Road. i5 acres, a��u ++��� �---- •- - AKA Tax Lot 282104-9079 - , I f TITLE S 1.1.1-LA6Z '„'Uti DATED �� "� �C1 _.— U c n-� 4 oKr LIFTSTATION 33 2' TREATMENT FACILITY LAka-r A 4W ' v I Y � FEDERAL WAY WATER AND SEWER ! NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIGNED. DOES HEREBY CERTIFYTHAT THE FOLLOWING AMOUNTS ARE PAYABLE AS CHARGES IN L1EU OF ASSESSMENT TO PFIOVIOE SANITARY SEWER ANWOR WATER SERVICE COR THE PROPERTY DESCRIBED HEREIN. SA11)CHARGES ARE NOT PAYABLE UNTIL SERVICE IS REQUESTED. (OTHER CHARGES MAY BE APPLICABLE) DESCRIPTION OF PROPERTY SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT FF CFC TOTAL _11PERMIT Parcel 4 - The West 140 feet'of that portion of the SW 1/4 of'.t:he rIW 1/4 of Section 28, Township 21 North, Range 4 East, W.M., in King County; Washington, lying Southerly of County Road: LESS the South 230.84 feet thereof and LESS the Westerly 30 feet for road. AKA Tax Lot 282104-9110 0 Parcel 5 ` 1 The North 105.42 feet of the South 230.84 feet of the West 140 feet of the SW 1/4 of the NW 1/4 of Section 28, Township 21 -- -Nor-th-,--Range-.-4-_East,_-W_._M.._,-. situated in. King._ County. Washington;_ LESS the West 30 feet thereof for road. AKA Tax Lot 282104-9111 Q i vs u.I— W 9-3 o ' parcel 6 The South 125.42 feet of the West 140 feet of the The 1/4 of the QNW 1/4 of Section 28, Township 21 North, Range 4 East, W.M., in rn. King County, Washington: LESS the West 30 feet thereof for road. II i 1 i 1 Parcel 7 A portion of the NW 1/4 of the NW 1/4 of Section 28, Township 21 North, Range 4 East, W.M., situated in King County, Washington, described as follows: Beginning at the Southwest corner of said NW 1/4 of the NW 1/4; Thence N89136,0011E along the. southerly line thereof a distance of 552.26± feet; Thence N01*041D3"E 60 feet to the True Point of Beginning; Thence continuing N01'04103"E a distance of 438.49 feet; Thence S88'391136"E a distance of 113.29 feet; Thence S00.17142"W a distance of 438.31 feet: Thence S890361001W a distance of 120 feet to the True Point ofl4 Beginning. pp AKA Tax Lot 282104-9112 'Parcel 8 The East 642.43 feet of the South 3/4 of the South 1/2 of the NW 1/4 of the NW 1/4 of Section 28, Township 21 North, Range 4 East, W.M.; EXCEPT the East 522.43 feet thereof, and EXCEPT.the South 60 feet thereof. i f AKA Tax Lot 282104-9113 ; i I 3 { CU&R, A1T- Q-11ARGE5 SIGNED � TITLE DATED p c,arcaoAY 8 LIFrSTATION C 3 j? TREATMENT FACILITY -& Kl� r . 5- PAGE___ afi �,f f FEDERAL WAY WATER AND SEWER NOTICE OF CHARGES PAYABLE IN LIEL' OF ASSESSMENT THE UNDERSIGNED, DOES HEREBY CERTIFY THAT THE FOLLOWING AMOUNTS ARE PAYABLE AS CHARGES IN LIEU OF ASSESSMENTTO PROVIDE SANITARY SEWER AND/OR WATER SERVICE FOR THE PROPERTY DESCRIBED HEREIN. SAID CHARGES ARE NOT PAYABLE UNTIL SERVICE IS REQUESTED. (OTHER CHARGES MAY BE APPLICABLE) DESCRIPTION SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT OF PROPERTY FF +' CFC TOTAL PERMITN Parcel 9 The East 100 feet of the West 240 feet of the South 155.2 feet of the SW 1/4 of the NW 1/4 of section 28, Township Range 4 East, W.M., situated in King County, Washington. AKA Tax Lot 282104-9115 f l 4 Parcel 10 A portion Of the NW 1/4 of the NW 114 of Section 28, Township 21 North, Range 4 East, W.M. situate in King County, Washington, described as follows: Beginning at the intersection of the south line of said 4 -subsection- -and--the—wester-1-y- -mar-gin- -af _Primary. ---State-- Highway . l I5R 5); Thence Northerly along said west margin to a point Pn'a line lying 60 feet North of and parallel to the south line of said subsection, said point to be known as the True Point of —� - - Beginning; Thence S89'36100"W a distance of 170*; Thence LZ1 NO0'17142"E a distance of 438.31 feet; Thence N88'39106"E to the UJI westerly margin of SR 5; Thence Southerly along said westerly C37 margin to the True Point of Beginning t 1 �s AKA Tax Lot 282104-9124 II {( i z Parcel 11 F- a Ld That portion of the NW 1/4 of the NW 1/4 of Section 28, Township Q= 21 North, Range 4 East, W.M., in King County, Washington, Uj described as follows: LdLj w Lj C1 o Beginning at the Southwest corner of said subdivision; Thence N89'36100"E, along the southerly line thereof, 181.58 feet- to the easterly margin of Secondary State High No. 5D (SR 161) and the Q True Point of Beginning of the tract, of land herein described; LL Thence Northerly along said easterly margin 231 feet, more or .less, to a point on the line of a fence, as it existed on June 3, _ 1954, which is the most southerly corner of that certain tract of land conveyed to Kenneth M. Brown and Lorraine M. Brown, his wife, by deed bearing ' Auditor's File No. 4453594; Thence r = N79.49100"E, along said existing fence and the southerly boundary of said Brown Tract, 288.48 feet; Thence S001311001W, 271 feet, �. more or less to the southerly line of said subdivision; Thence S89'36100"W, along said southerly line, 218.18 feet to the True I CVill 1. UL GCl, lllli 114y. AKA Tax Lot 282104-9125 I � I I { ' I X (1 aP.RC-.IJT Cf1AIRC7 GS SIGNED fZzir i.L_� TITLE '0' DATED r 0 � -Tc vfcr cs LIFTSTATION ~7' TREATMENT FACILITY � k0 IV FEDERAL WAY WATER AND SEWER - _.......�.• J NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIGNED, DOES HEREBY CERTIFY THAT THE FOLLOWING AMOUNTS ARE PAYABLE AS CHARGES IN LIEU OF ASSESSMENT TO PROVIDE SANITARY SEWER ANDfOR WATER SERVICE FOR THE PROPERTY DES CRIBEQ HEREIN. SAID CHARGES ARE NOT PAYABLE UNTIL SERVICE IS REQUESTED. JOTHER CHARGES MAY eE APPLICABLE) i �r~ DESCRIPTION SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT OF PROPERTY FF CFC TOTAL 11 PERMIT - Parcel 12 That portion of the SW 1/4 of the NW 1/4 of Section 28, Township _ 21 North, Range 4 East, W.M., described as follows: Beginning at a point which bears S89054100"E 415.00 feet and N00°17127"E 30 feet from the West quarter corner of said Section 28; Thence N11'48'00'E 185.96 feet to the southwesterly right-of-way line of the M.E. Neal Road; Thence along said right- of-way line S52°53100"E 114.54 feet to the northwesterly right of -way line of Primary State Highway No. l (SR5). as conveyed to the State of Washington by deed recorded March 27. 1959, under Recording No. 5013276; Thence S22'53'00"W 123.28 feet to a point which bears SO V 54100"E from the point of beginning; Thence ___ _ _ N8.9°54_'0.0'_W_.8�}_.,,55_fet to the�vint of beginning; situate_ in -the County County of King, State of Washington. AKA Tax Lot 282104-9132" } F ILa Parcel 13 Pam' � That portion of the SW 1/4 of the NW 1/4 of Section 28, Township 21 North, Range 4 East, W.M., described as follows: ; _ Q7 Beginning at a point which bears S89054100"E 240 feet and A I N00.17127"E 170 feet from the West quarter corner of said a a Section 20, Thence N00.17'271£ 142.24 feet to the southwesterly �. right-of-way line of M.E. Neal County Road; Thence along said P,I right-of-way on a curve to the right having a radius of 543.14 ,a,, feet, an arc distance of 110.48 feet; Thence S00°171271W 124.59 z feet; Thence N75°51150"➢7 103.08 feet to the point of beginning: ---� EXCEPT portion conveyed to the State of Washington for Primary ,'nA State Highway No. 1, Pierce County Line to Junction SSH 5-A, by A c deed recorded under Auditor's File No. 5013276, King County. wF Washington. AKA Tax Lot 28 2104 -9134 LEI I r - parcel 14 z a 4 i� That portion of the SW 1/4 of the NW 1/4 of Section 28, Township e 21 North, Range 4 East, W.M., described as follows: Beginning at aF- a point which bears S89'54100"E 340 feet and NOV 17127"E 145 feet a 7, from the West quarter corner of said Section 28; Thence N00'17127"E 124.58 feet, more or less to the southwesterly right- of-way line of the M.E. Neal County Road; Thence Easterly along 4 said right-of-way on a•• curve to the right having a radius of -�^ 543.14 feet, an arc distance of 111.98 feet, Thence S52053100"E w 14 feet; thence S11'4810 V W 92.37 feet; Thence N75'511501W 96.55 feet, more or less, to the point of beginning. - AKA Tax Lot 252104-9135 I I CUJ,f:Er1 011AP_C+r-j Q CqT• e Po.vtr ' LIFTSTATION 33 27_ SIGNED•, �-�• 20 TIn r 0 S �� ti� -C>� TREATMENT FACILITY �� kd7 DATEn l 2�.�=.'�.:� PAGE 161 a �--�.—•a iv Din -, FEDERAL WAY WATER AND SEWER NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIGNED, DOES HEREBY CERTIFY THAT THE FOL LOWING AMOUNTS AREPAYABLE AS CHARGES IN LIEU OF ASS ESSMEDiFTO PROVIDE SANfTARV SEWER AND/OR WATER SERVICE FOR THE PROPERTY DESCRIBED HER ESN. SAID CHARGES ARE NOT PAYABLE UNT)LSERVICE ISREQUESTED. (OTHER CHAR ES MAY BE APPLICABLE) =' SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT DESCRIPTION OFPROPERTY FF CFC TOTAL PERMIT r 0 P q I II I II par�]5 he That Portion of the East 100 feet of the West Z40 Townshipfeet of 21 SW 1/4 of the SW 1/k of the NW 114 °Section Washington. lying Coun y North, Range 4 East, W.M., in King County Sty Road, aka South 359th Street; EXCEPT outh D£ M. E. Neil the South 155.42 feet thereof. AKA Tax Lot 282104-9140 1 I z• t I Parcel 16 - - -A portion--of--the_NW_1/_4__of . the NH_IL4_ of Section 28, Township 21 North, Range 4 East, W.M.. situate in King County. Wast�ingtvrt, - described as follows: Beginning at the intersection of the easterly margin of State Route No. 161 and the south line of said subsection; Thence Easterly along said subsection line a distance of 218.13 feet; Thence NO1'04103"E a distance of 60 feet to the True Point of `CI-2� Beginning; Thence continuing North a distance of 213� feet; Thence N81'33'54"E a distance of 154.82 feet; Thence SO1 04 03 W a distance of 238.50 feet; Thence S89.3610011W a distance of 153 CTi feet to the True Point of Beginning I•{ G AKA Tax Lot 282104-9146 Parcel 17 Lot 1 of King County Short Plat 976110, recorded under Auditor's File No. 7701310616, situated in the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington. Parcel 18 Lot 2 of King County Short Plat 976110, recorded under Auditor's File No. 7701310616, situated in the NE 1/4 of Section 29, Townshi 21 North, Range 4 East, W.M., in King County, Washington. Parcel 19 I Lot 1 of King county Short Plat 278130, recorded under Auditor's File No. 7803261031, situated in the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington_ LVRRENT Cl1A�CiF_5 SIGNED TITLEseal Cd DATL: c11-7 I ------------------ i i I C A.—r. `$ ' PC) Alt P SrA7fo LIFT STATION 33 7- TREATMENT FACILITY ICO QF PAGE I` 4 s� � M FEDERAL WAY WATER AND SEWER NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIGNED. DOES HEREBY CERTIFY THAT THE FOLLOWING AMDUNTS ARE PAYABLE AS CHARGES IN LIEU OF ASSESSMENT TO PROVIDE SANSTARY EREIN. SAID CHARGES RE NOT PAYABLE UNTIL SER CE IBEd ER AND/OR WATER SERV I C E FR 1H F. PROPERTY DES H IS REQUESTED. (OTHER CHARGES MAYBE APPLICABLE) DESCRIPTION SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT OF PROPERTY FF *CFC TOTAL PERMI • I I I ! parcel Lot 2 of King County Short Plat 278130, recorded under Auditor's File No. 7806261031, situated in the NE 1/4 of Section 29, Township 21 Ncrth, Range 4 East, W.M., in King Count Washington. Parcel 21 I k I k ! r Lot 3 of King county Short Plat 278130, recorded under Auditor's File No. 7808281031, situated in the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington. III ParC l 22 h- f Lot 1 othe gist of Nine Lakes, as recorded CV in Volume 22 of G Plats, Pages 4 and 5, records of King County, Washington. kkk Prcl 23 r Lot 2 of the plat of Nine Lakes, asCarecorded tsnty d Washington me 22 of Plats, Pages 4 and 5, records of King I T f Parcel 24 Lot 3 of the plat of Nine Lakes, as recorded in Volume 22 of Plats, Pages 4 and 5, records of King County, Washington. L Parcel 25 Lot 4 of the plat of Nine Lakes, as recorded in Volume 22 of Plats, Pages 4 and 5, records of King County, Washington. Parcel 26 Lot 5 of the plat of, Nine., Lakes, as recorded in Volume 22 of Plats, Pages 4 and 5, records of King County, Washington CfrAil'S+F- S1GNEfl n TITLE �3& DATED W cA-r B —Pd #� s LTFrSTAT10N 33 ZZ TREATMENT FACILITY �• In i + ,I, I FEDERAL WAY WATER AND SEWER NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIGNED, DOES HEREBY CERTIFY THAT THE FOLLOWING AMOUNTS ARE PAYABLE AS CHARGES IN LIEU OF ASSESSMENT TO PROVIDE SANITARY SEWER AND/OR WATER SERVICE FOR THE PROPERTY DESCRIBED HEREIN. SAID CHARGES ARE NOT PAYABLE UNTIL SERVICE IS REQUESTED. (OTHER CHARGES MAY BE APPLICABLE) DESCRIPTION SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT OFPROPERTY FF CFC TOTAL PERMIT # Parcel 27 Lot 6 of the plat of Nine Lakes, as recorded in Volume 22 of Plats, Pages 4 and 5, records of King County, Washington. `• Parcel 28 The Northerly 103t feet of the Southerly 383t feet of the South 1/2 of the SE 1/4 of the NW 1/4 of Section 29, Township 21 L North, Range 4 East, W.M., situated in King County, Washington, _ AND the Northerly 1033 feet of the Southerly 383i feet of the r South-1/2 of`the--SW -17/9 of -the NEB/4 of -said" Section- 29;-lying— -- West of Pacific Highway South. • I i I 4' AKA Tax Lot 252104-9020 j cc a J F- U W Cn V, � W V J CD IM ~ n La C r LL , CA r- = o� —• lai LLI•- 41 I) � Parcel 29 ] I! The South 331.94 feet of the East 394 feet of the SE 1/4 of the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., �7 situate in King County, Washington, EXCEPT the East 30 feet for road. I I I I AKA Tax Lot 292104-9034 Parcel 30 Lot 3, Federal Way Short Plat No. 674211, as recorded under King County recording No- 7801240947, being a portion of the South 300 feet measured along the west line of the North 660 feet of that portion of the SW 1/4 of the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington, lying Westerly of Pacific Highway South. AKA Tax Lot 292104-9051 f Parcel 31 The Westerly 100 feet of the Easterly 259 feet of the North 274t feet of the South 665.94 feet of the SE 1/4 of the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., situated in King County, Washington. I ; - I - AKA Tax Lot 292104-9054 0 I I tl I ; /c e U�ICEtiI 7` SIGNED TITLE -4,� �Vl (•4 L'L dztu-t&-A ri DA I I 11 i C!/AKC7E-S' LIFrSrATIQH TREATMENT FACILITY ( G Q M Air FEDERAL -WAY WATER AND SEWER ' NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIGNED. DOES HEREBY CERTIFY THATT14C FOLLOWING AMOUNTS ARE PAYABLE AS CHARGES IN LIEU OF AS$ ESSM ENT TO PROVIDE SAN ITARY SEWER ANDIOR WATER SERVICE FOR THE PROPERTY DESCRIBED HEREIN, SAID CHARGES ARE NOT PAYABLE UNTILSEAVICE IS REQUESTED. )OTHER CHARGES MAY BE APPLICABLE) DESCRIPTION SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT OF PROPERTY FF CFC TOTAL PERN Parcel 33 That portion of the SE 1/4 of the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at a point N00"14115'W 391.15 feet from the quarter corner between Sections 28 and 29 of said Township and Range; Thence N89'35115"W 1044_5 feet, along the northerly margin of the i Neil County Road (South 359th Street), as conveyed to King County j by deed recorded under King County Recording No. 2616092, to the i True Point of Beginning; Thence N00'1411511W 283.09 feet; Thence ' N89'35115"I! to the west line of said SE 1/4 of the NE 1/4; Thence South along the west line of said subdivision to the northerly margin ..af—spid_ Neil—Road.,—T-hence. -SO 9' 35'45 �'E •-along..the--northerly margin of said road to the True Point of Beginning; EXCEPT the Easterly 123.5 feet thereof. AKA Tax Lot 292104-9060 j' ti Parcel 34 f That portion of the SE 1/4 of the NE 1/•4 of Section 29, Township - ---- --- 21' North, Range 4 East, .W.M., in King County, Washington, `n described as follows; CD _M Beginning at a point which is N00514115"W 391.15 feet and x S89.35115"W 30 feet from the East quarter section corner of said Section 29; and running thence S89135115'W along the northerly margin of the Neil County Road, 449 feet to the True Point of Beginning of the tract herein described; Thence continuing " W S89°35115"W, along the northerly margin of said Neil County Road, N = 63.5 feet; Thence N00114115"W, 278.21 feet; Thence 589051135"E, La c. 63.5 feet; Thence Southerly 277.60 feet, more or less, to the „�� True Point Beginning. La AKA Tax Lot 292104-9063 _ Parcel 35 Lotlai of King County Short Plat No. 674211, recorded under 2E o Recording No. 7801240947, being a short plat of: The South 300 feet, measured along the west line of the North 660 LU feet of that portion of the SW 1/4 of the NE 114 of Section 29. Township 21 North, Range 4 East, W.M., in King County. Washington, lying Westerly of Pacific Highway South. f i I _ LIFTSTATION -�?++ SIGNEO.` TREATMENT FACILITY4A 1C6'T TITLE AA DATED Z-^ 56 lr 1 PAGE—qq ar I W ri CA H 4 is• �.~ ., _ . . ...._ _ . _ — �;r,___.....4�,r' ir.-._ ...�... - —_ .... — . — � _� _,._.. ._... .._ _._ ._.._. _...... .. FEDERAL WAY WATER AND SEWER NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIGNED, CERTIFY THAT THE FOLLOW]N13 AK40UNTS ARE PAYABLE AS EBY CHAR 0 CS IN LIEU OF A SSESSM ENT S WER AND/OR WATER SERVICE FOR TTHE PROPERTY DESCRIBED HEREIN, SAID CHARGES ARE -IS REQUESTED. NOT PAYABLE UNTILSERVICE (OTHER CHARGES MAY BE APPLICABLE) DESCRIPTION OF PROPERTY SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT FF CFC TOTAL PERMIT Parcel 36 Lot 2, as described in and delineated in King County Short Plat being a No- 674211. (recorded under King County Recording No. 7801240947, Township p21tior, of North, the Range 144 Eastthe NS I/4 of Section 29 Washington. W'M•, in King Count}r r I AKA Tax Lot 292104-9124 Parcel 37 That portion of the North 1/2 oC the South 1/2 of the SE 1/4 of the NE 1/4 of Section 29, Township 21 North, .Rage: 4 -East. W,M.,_,_- --- .--_•--- _ in. Kin-g--- caun-ty _Washington; --Described" as' fbilows: _ Beginning at a point located N00.14'15"W 391,15 feet and N89.51135•W 30 feet, measured from the guarter corner between - Sections 28 -and 29, Township 21 North, Range 4 East, W.M., in King County. Washington; Thence N00.14115"W 273.24 feet along the !� boundary line of Twiss County -Road; Thence N894$11354W 129 feet: per - Thence S00'14115"E 274.49 feet to the north boundary line Of Neil County Road; Thence East along said north boundary line 129 feet Q1 to the point of beginning; EXCEPT the North 135 feet thereof, AKA Tax Lot 292104-9066 I 111I 4 Parcel 38 ' I 1 )� That portion of the SE 1/4 of the NE 1/4 of section 29, Township 21 North, Range 4 East, W.M., described as follows: Beginning at a point which is N00'14115"W 391.15 feet and S89'35115"W 30 feet from the East guarter section corner of said section, running thence S89035115"W, along the northerly margin of- Neil County Road, 385.5 feet to the True Point of Beginning; Thence N00.14115"W 276.98; Thence N89.51135"W 63.5 feet; Thence Southerly 277.60 feet, more of less, to a point which is S89.351151W of the True Point of Beginning; Thence N89.35'15"E 63.5 feet to the True Point of Beginning. Situate in the County of Xing, State of Washington`. AKA Tax Lot 292104-9070�--�— CAT AUAAP �- SIGNED TITLE LIFT STATION TE 4 TREATMENT FACILITY LA IC.C`rA DATED P- 0 w - i W N s F- 4 cJ.i i J O �Q W a 41 3- i Gr i s = cr .. r-• i wr LJ C ram-• �F- C3 co a • FEDERAL WAY WATER AND SEWER NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIGNED. DOES HEREBY CERTIFY THAT THE FOLLOWING AMOUNTS ARE PAYABLE AS CHARGES IN LIEU OF ASSESSMENT TO PROVIDE SANITARY SEWER AND/OR WATER SERVICE FOR THE PROPERTY DESCRIBED HEREIN. SAID CHARGES ARE NOT PAYABLE UNTIL SERVICE IS REQUESTED. ,OTHER CHARGES MAY BE APPLICABLE) DESCRIPTION SEWER CHARGEPAYABLE IN LIEU OFASSESSME14T OF PROPERTY FF CFC TOTAL. 11 PERMIT H Par--- cel 39 That portion of the BE 1/4 of the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the East quarter corner of said Section 29, running thence N00114115"W, along the easterly line of said subdivision, 391.15 feet; Thence S09'35'15"W, along the northerly, margin of the'Neil County Road, 669.0 feet to the True Point of Beginning of the tract herein described; Thence N00.14115"W 279.44 feet; Thence N89951'35"W 188.5 feet; Thence S00114115"E 81- 1 £eet to Thence the northerly margin to said Neil County N89'35115"E, along said northerly margin, 18B.5 feet to the True -of -Heg.nning_- - -r - -r e•-- r -" I p- _..1.. I1_ AKA Tax Lot 292104-9071 I fj i Parcel 40 That portion of the BE 1/4 of the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., described as follows: [77 Beginning at the East quarter corner -of said Section line 29. and of said running thence N00°14'15"W, along the easterly S89.35'15"W, along the northerly � subdivision, 391.15 feet; Thence the Neil County Road, B57.5 feet to the True Point of margin of the described; tofh62.5nf 15 "Wce t281.88 SBB°351ng 15"W,£a d stance et Thence NOOn14' 62.5 feet; Thence S00'14'15"E 281.i feet; Thence S89°51'35"E less, to the True Point of Beginning; situate in feet, more or the County of King, State of Washington. AKA Tax Lot 292104-9072 I � i Parcel 41 That portion of the SE 1/4 of the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., described as follows; Beginning at the East quarter corner of said Section 29; Thence N00114115"W, along the easterly line of said subdivision, 391.15 feet; Thence S89'35115"W, along the northerly margin of the Neal County Road, 542.5 feet to the True Point of Beginning of the tract herein described; Thence N00'14115"W 278.21 feet; Thence N99.51135"W 126.5 feet; Thence S00'14115"E 279.44 feet to the j northerly margin of said Neal County Road; Thence N89°35'15"E, along said northerly Margin, 126.5 feet to the True Point of Beginning. Situate in the County of King, State of Washington. AKA Tax Lot 292104-9079 4 CuRR�-,v T SIGNED _-: i�3 Z � ❑❑ _ TITLE � PAC �i't" DATED - I�- � I 33 • '`2 � LIFT STATION TREATMENT FACILITY LAYC a rA� ar !1 ' M I soma= FEDERAL WAY WATER AND SEWER • NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIGNED. DOES HEREBY CERTIFY THAT THE FOLLOWING AMOUNTS ARE PAYA13LEAS CHARGES IN LIEU OF ASSESSMENT TO PROVIDE SANITARY SEWER AND/OR WATER SERVICE FOR THE PROPERTY DESCRIBED HEREIN. SAID CHARGES ARE NOT PAYABLE UNTIL SERVICE IS REaUESTED. (OTHER CHARGES MAYBE APPLICABLE) MV= DESCRIPTION SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT OFPROPERTY FF 11:4CFC TOTAL PERMIT# I 1 y s CM = Cr, z a x z J I-- :7Z W N S J O O :n z r n F- S, z v �Uj x� ter• Parcel 42 The East 124,50 feet of the West 391t feet of the North 271.87 feet of the South 663.74 feet of the SE 1/4 of the NE 1/4 of situated in Section 29, Township 21 North, Range 4 East, W.M. King County, Washington. j AKA Tax Lot 292104-9089 Parcel 43 The East 123.5 feet of the following described property: ..�_.. That --portion- of --the- -SE 1/4-- of - the- -NE-- 114 of -Section- 29, Township 21 North, Range 4 East, W.M., in King County, Washington described, as follows: --- Commencing at a point N001141151W 391.15 feet from the quarter corner between Sections 28 and 29 of said Township and Range; Thence N89°35'15"W 1044.5 feet, along the northerly margin of the -- Neil County Road (South 359th Street), as conveyed to King County by deed recorded under King County Recording No. 2616092, to the ---- True Point of Beginning; Thence N00'14115"W 283.09 feet; Thence N69'35115"W to the west Zinc of said SE 114 of the NE 114; Thence South along the west line of said Subdivision to the northerly margin of said Neil Road; Thence SB9'35'15"E along the northerly margin of said road to the True Pointof Beginning. �I _�I r AKA Tax Lot 292104-9091 1 .----L I! I } p Parcel 44 The North 135•feet of the following described property: That portion of the North 1/2 of the South 1/2 of the SE 1/4 of the NE 1/4 of Section 29, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point located N00'14115"W 391.15 feet and N89'51135"W 30 feet, measured from the quarter corner between Section 28 and 29, Township-121 North, Range 4 East, W.M., Thence N00'1411511W 273.24 feet along the boundary line of Twiss County Road; Thence N89'51'35"W 129 feet; Thence S00014115"E 274.49 feet to the north boundary line of Neil County Road; Thence East along said north boundary line, 129 feet to Point of Beginning. AKA Tax Lot 292104-9105 II`I I 1 I I l 1 C'tlA RCTES � nn-- LIFTSTATION 33 zZ- SIGHEn �-L'[� TREATMENTFACILITY I.AKoTA TITLCLf..CilleGl]"i�Ri_ff C C.A.Cw?S .JL.t-qJ"s-CQ� DATED PAGF _OF-----�.--._•�-. • v FEDERAL WAY WATER AND SEWER NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIONED, DOES HEREBY CERTIFY THAT THE FOLLOWING AMOUNTS ARE PAYABLE AS CMARGES IN LIEU OF ASSESSMENT TO PROV ICE SAICTARY SEWER ANDIOR WATER SERVICE FOR THE PROPEFITY DESCRIBED HEREIN. SAID CHARGES ARE NOT PAYABLE UNTIL SERVICE IS REQUESTED. (OTHER CHARGES MAY BE APPLICABLE) DESCRIPTION SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT OF PROPERTY FF CFC TOTAL PERMIT O E ! t Parcel 45 The Southeast 1/4 of the North 1/2 of the SE 1/4 of the NE 1/4 Section 29, Township 21 North, Range 4 East, •recorded PT the under East 30 feet for road, as reserved by deeds Recording Nos. 6630398 and 6669683. 1 y AKA Tax Lot 292104-9107 I� Parcel 46 A portion of the SW 1/4 of the NE 1/4 of Section 29, Township 21 i--Nortil,—RaTTge-4--'as-t;- -WrM: r situa-ted in--King-County,--Washington...... . described as follows: Beginning at the intersection of the east margin of Pacific Highway South and the south line of said subsection line; Thence Easterly alson said south line a distance of 606.09 feet; Thence NO2.15134"E to the southerly margin of South 359th Street; Thence La CIQ Westerly along the south margin of South 359th Street to its U ` i. N - intersection with the east margin of Pacific Highway Highway South; i C7 Thence Southerly along the easterly margin of Pacific Highway South to the point of beginning. Z 3 I 3 Ir� Parcel 47; Cj= That portion of the SWh of the SWh of the NEh, Section 29, - - CA E Township 21 North, Range 4 East, W.M. lying east of Pacific an W Highway South and south of South 359th Street; -.1 O O N — Situate in King County, Washington. wr a (Tax Lot 292104-9088) I I ! F- o Parcel 40: _ That portion of The West 309.22 feet of the East 656.10 feet of - �Y the SGIS of the :iii Of the NE4, Section 29, Township 21 North, Range 4 66st, W.M., lying south of South 359th Street. Situate in King County, Washington. k ! (Tax Lot 292104-9026) I[ I 1 � i l 1 i 1 r :f= v_uRk EN T Ff SIGNED { r- TITLE DATED i7iZ .. - LIFTSTATION TREATMENT FACILITY tAkrrAPAGE—L —:' — k' - --: -- .... L FEDERAL WAY WATER AND SEWER NOTICE OF CHARGES PAYABLE IN LIEU OF ASSESSMENT THE UNDERSIGNED, CERTIFYTHAT THE FOLLOWING AMOUNTS AREPA DOESHEREBY ASS ESSMIENT TO PROVIDE SA WTARY CHARGES IN LIEU Or VABLE AS S EWZR AND/OR WATER SEAVIC F FOR THE PROPERTY DESCRIBED HEREIN. SAID CHARGES ARE NOT PAYABLE UNTIL SERVICE IS REQUESTED. ILITHEA CHARGES MAY BEAPPLICABLE) Aar DESCRIPTION SEWER CHARGE PAYABLE IN LIEU OF ASSESSMENT OF PROPERTY FF jCFC TOTAL PERMIT N Parcel. 49: That portion of the East 346.88 feet of the V---I, of the SWh of.the NETS, Section 29, Township 21 North, Range 4 :E-9st, W.M.,.lying Routh of South 359th Street; Situate in King County, Washington. (Tax Lot 292104-9059) JI �. t —j CD LAA Lm Cv lL .j CD. Ij TITLEslcrrEo DnTED u� 0 L11-TSTATION TREATMENT FACILITYL�Q k+�� PA?" F w�yi'7,,• 3566428 26x.:t�d• . bit Atli ••ate. �: �erad.'a� BdBal�er40p'.. to he t�c�ut�C,r of Ong, State of "aal,ington fp oy red: iAdQ4 to sap "ax use 01- pub lic. foreve'cas a uub lic road at& g3gaana�rallfntiafles• re 1'hat pi or thiiS 30 ft • of the Wj' of the awj of the net ofaeo -. t,p .22 irk 4'.4*k, ly sotit�h of LY t'ilbe�rt "`Dad No 774 as rpviaed Vyu:.'' r Slams ' o •:7 64 of 4o E r' a reocirds wont; 9.O 1 �:. y• +� nP g 9 aorBaur_ H/ LF •411b.+i��f�� Ys: tgw kight, to make nec 4lopas for auto or fills uponthe abuttix►g�a�y "d':a� aw:,aid'e of ad. xrea rigut ofWay ;.: c H Baker Mamuta if: Suksr air.• 'pr Baker 3-nd marola•m Bnkexo bf AC Atidirutia' i -: " `; • _ <:;-='W�r$i��it�1.(lot'.2234� �' ml eo c�nazfe • : • i ,• •_.::, ;� •: ;A ' rn it $iplxlne .Sahurr,`� ' �: kr -, o,=g6# # g . '' ►8 -`Stat'6 of. ashington "�'; �r�r• = • • < L•..''_ ��` ;;• ate',--„. sa. t2�.;.:t eN 30. f the nor of • tn� •"'-:71i=v7.Y1R�. .Y_�F4•Fa'�1n�ei�-��^D'�xV: c .'r'';w +="R+"' TohaVxm.Schurr; sosephlale i a1i3+1':; 'A' 28 46 by Sohn. W Scharr • an�:�os ephin Sahurr . iuf'. bad tvr� •'•N.LL Yi - .. •' �.. .�Y: �i a .• �.�.':- rr55 ,,ee.• +fir �•�=�'- 7•�c�•;r•� . •. rys/Y ,y ....35664�?='=:", .y ,.�: - •y' t�Y. 1�ry ~ JY?:.a� b�FiV.it.i r �'+lC•: } .}f ^h' " ..'^ �.a. #'.I, •df: Krxig,Stateof +iashington �•4.�'•�,• •" !'►. �"' � `.:'.w..•3~ lid• " '' 'r ,: 't, a, iieatlake awe iathe iat of Aaztlaobms r Y3. ;. Xi`fjr:;�tLfrontraf lore ..k andl5,blk3;#:. -: . "y `�5. am, dlbijingstreeta insd:plt _ r, .%!r'f * g• B•5_ 340 St. balfOl'--- HoNavd B Parker;* hiae' • :lea i 19 46 -by 11c' ard. � t'arker andlise ranker b?' --ba: forraf— ` + w `Fink �r _ iv- :7 ,46 35654_3I` �. .lf6 -pl:and benefits fp`;r•G:a••G:auntyof ling state -of „asAngton ` an 428 abv--The 8 30 ftof viestlake Ave inthePlat•of '98At 1'ao0rna 43ittxal add �'Bu *Vac lyinfrontof• lot-,'+,blk 9,and Y' ad J,01 iugaat;s inbdpi.at A/W Westlaker've S 364 at balflorm-__ = WastonTBeti;s �S0 "an22 46 by Weston Betts--baform-- D M&Y'•7 46 3566433 L'ay '6, 46 V6001;.-.,:16.60irsaad *$:ca 46.st ` sums •K Stewart a wido/ to Howard R TAbnsen -- fp oys *ndwars.to spflUdeeresitinkaw r: lots 7,11;12,26, A ands! of Argonne Traots,vol 43 pl,- tapg 43,recakow ' Stewart kow ,::ay 6 46 by worts K 6cewert a willow bf Tohn a;8ohertaann n iinres �;. uWsau�. 17 49)1"unden �:Barto 256•+ $with towe d no _ 1 m • THIS SPACE RESERVED FOR ItECOWErS USEm i O Piled .for Record at Bequest of E � Hnuu:.�. 1 '7' Y cs •F' � A f City end Stata..RE17.F.f;;$L_ VI�iFi i111�' Qd t N Yom 1{T-9-ko^.• Statutory W==ty Deed G _. (CORPORATE FORM) tt P Vy :%HE GRANTOR Home Depot U.S.A., Iic., a Delaware Q.rporation M1 ferand ie coasideratka of One Dollar ; in axed paid, conveys and warrants to City of. Federal Way. a municipal corporation W —_�.� [he`folt`nwinu decor bed real rstate, siltmled in tie County o!3R3 r State or LliaSbin�T9a: sec Exltiblt "A", attached TOGETHER WITIi the right to construct and maintain upon property abutting the above descri.hed property, cut sione: and fill slopeu of two feet Cr- horizontally for each foot of eluvatiot: of cut or fill. for the purpose of providing and malntainin.o Lateral support for the street to be established over and across the lands described above when improved to the full wlcith ;Q of the present right of way in conformity with the existing center line C� grades, and there is reserved ro the C:arnror, its eurcessors and assi.gru, �l the right to remove said elopes at any time providing and maincainitag ty, ocher adequacL interel support. IN WITNESS WHEREOF, said corporation has C!es_d this instrwricat to be executed by its proper officers and its corporate seal to be hereunto affixed this te +41iJ day of D C i-o W e— �5 "' �t.f,� Prerfdnrt, Ll STATF OF C-r, ASSi. Sea=nary. e ryu E_ SL County of Ct:•hb On this L; t'lv day of CTC I ob-e f , ]Z! ct 3 t>rf7tz mo, the urmdtrsigrmal, a Notary I'pblic in end for the Slate of �-fc;a,ct„ MY corimimisred =tit 5%-M, uers:naU.• apul ed ><. R. S % 'i—K.+ sad Cloi(a 5. Charrbrrs to nw icnowrr Lobe the U r rtl YI Q :•resident &nd Il55fe, sccretza j. , rzyet,va;p, of lloti a Xlepot r3_S.R. , Irtc. the corpnra"aa :hat cuculzd the furedoinF instrunnat, and, ;. i cw'ed3cd thr !:1ij ]astrlua^_nt to 1,e _1w free ar.] ewiuntary zd and deed of said corporation, for the care,; and purDxuv-c iherdn sou..tinned, and or. -alp slated rh„ t� aathoriml to Tx-CUle the Saki Lili!ument multi the: mhe s::I Affiu:J tT the mrparate smxd or s;zi �" co:iRvar,an. • . p• Witness my hand and off6d :•cad hcr_t, xffaed-tia day and you firri above wriltur. 7hdrdry P"81ic a rivl for IA.- Seam 1 Gcc. err trc+ia� a ia7 �k:r;y F, rri rat, 4 rrr-.,.��t�l :c 337 CC-W4ZSSf(}hi EXPIRES > 0 W 1 0 co 0` O r N CD C'-) S BUSH. ROED & HITCHINGS, INC. UY.HIBIT "A" RIGHT—OF—WAY PARCEL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2-8; TOWNSHIP 21 NORTH, -RANGE- 4 -EAST; IN KING-"COUN— - TY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 88031'40" EAST 54.27 FEET ALONG THE NORTH LINE THEREOF TO THE EAST MARGIN OF ENCHANTED PARKWAY (S.R. 1611 ; THENCE SOUTH 01021138" WEST 30.00 FEE'P ALONG SAID EAST MARGIN TO THE SOUTH LINE: OF THE NORTH 30.00 FEET OF SAID SUBDIVISION, THE SOUTH MARGIN OF SOUTH 352NO STREET AND THE TRUE POINT OF BEGIN— NING; THEttCE SOUTH 88'31'40" EAST 1160.44 FEET ALONG SAID SOUTH LINE AND MARGIN TO THE WESTERLY MARGIN OF INTERSTATE HIGHWAY 5 (STATE HIGHWAY NO. 1) AS DESCRIBED IN DEED RECORDED UNDER XDfG COUNTY RECORDING NO. 4984573; THENCE SOUTH 1305811111 WEST 3.08 FEET ALONG SAID WESTERLY ?ARGIN TO THE SOUTH LINE OF THE NORTH 33.00 FEET OF SAID SUBDIVISION; THENCE NORTH 8B031'40" WEST 13.24.70 FEET ALONG LAST SAID SOUTH LINE TO THE'BEGINNING OF A CURVi: CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY 55.05 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90006/4211 TO A POINT OF CUSP WITH SAID EASTERLY IMRGIN; THENCE NORTH 01021138" EAST 38.07 FEET ALONG SAID EASTERLY ,MARGIN TO THE TRUE POINT OF BEGINN'0G. SITUATE IN THE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON. THE PP.RCEL DESCRIBED ABOVE CONTAINS 3753 SQUARE FEET, MORE OR LESS. GREENBERG FARROW HOME DEPOT WILLIAM A. HICKOX, P.L.S. BRH JOB NO. 91422.22/SUR 59—B AUGUST 4, 1993 LIM 1 IM btu PX Mr or aar Fsrfar rl ra.zs Mara ora 4e.N x�'�'. w RECORDED REQUESTED BY AND WHEN RECORDED RE 1JRN M: Carte Powell Spears Ldxr6ky 1 1420 Fifth Avenue, Ste. 4100 # Seattle, Waslwtgton 98101 a Attention- lane Rakay Nelson (Space Above For Recorder's Use) GRANTOR: HOME DEPOT U.S.A., INC. GRANTEE: The General Public ABBREVIATED LEGAL- Pin NW 114 NW %. S 28 T 21 N R 4 E PARCEL NO.: 202104-9079-06 1 DECLARATION F VFNAN N 1T1 N D REQ(71ON THIS DECLARATION OF • COVENANTS, CONDITIONS AND RESTRICTIONS (this "Declaration") is made as of the 3rdday of Sept. 1999, by ? HOME DEPOT U.S.A., INC., a Delaware corporation ("Some Depot")." ARTICLE 1 itr. ffA $ 1.1 Home Depot is the owner of that certain real property located in the City of Federal Way,,County of King, State of Washington, more particularly described on ibi "A" attached hereto and incorporated herein. home Depot has parodiz,edlintends ' to parcelize the real property as more particularly shown on the site plan (the "Site Ma") attached hereto as Exhibit"K and incorporated herein by this reference. The two parcels q t 1066M.1211434719 4.DOC 1 FhW CCR's/FedeW Way Febrmy2, 1999 1 M LiD _J of land which have beenfshall be created by the p arcelizati on a -re ind-rviduEdly referred to as a "Pared' and collectively referred to as the "Parcel:". The Parcel shown on the Site Plan as the outpareel is sometimes referred to herein as the " ut a el" and the Parcel shown on the Site Plan as the Major Parcel is sometimes referred to herein as the "Nfaior PaM—S-I The Outparcel and the Major Parcel are sometimes tollecttvely referred to herein as the "ShplIpina Centt_r". 1.2 Home Depot desires to provide for the construction, development, operation and maintenance of the Outparcel consistent with the Major Pwoel as hereinafter provided, in conjunction with each other as integral parts of a retail shopping complex, but not a planned or common interest development. The owner of the Outparcel is hereinafter referred to as the "Outparcel Owner". Home Depot is the owner of the Major Parcel and the outparcel as of the date hereof, but upon conveyance of fee title of the Outparcel to an entity other than Home Repot, said entity shall become the Outparcel Owner with respect to the Ntparcel. Notwithstanding Home Depot's common ownership of the Outparcel and the Major Parcel, such c43mmon ownership shalt not cause a merger of any of the easements, rights and benefits granted hereunder for the benefit of any Parcel over another Parcel, nor cause a merger of any of the obligations or burdens placed hereunder upon a Parcel for the benefit of another Parcel 1.3 Dtaai �. For the purposes of this Declaration, the following terms shall be defined as follows: A- Building Ares: All those areas on each Parcel shown as Building Area on the Site Plan attached hereto and inoorporated herein by this refeterice, which are from time to time covered by a building or other commercial structure. The aggregate Floor Area of buildings within a Parcel's Building Area may not exceed the maximum square Footage allocated thereto on the Site Plan. B. _Comneost Armor: All those areas on each Parcel which are not Building Ares together with those portions of the Building Area on each Parcel which are not from time to time actually covered by a building or other commercial structure or which cannot under the terms of this Declaration be used for buildings. Canopies which extend over the Common Area, together with any columns or posts supporting same, shall be deemed to be a part of the building to which they are attached and not a part of the Common Area. The improvement or use of any portion of the Building Area for Parking Areas or Service Facilities shall not be ronstruee as a permanent inclusion of such portion within the Common Area, and such portions may, at any time thereafter, be improved with buildings and appurtenances as contemplated by this Declaration. Perimeter Sidewalks are not part orthe Common Area. ID6666 121/434719 4 DOC 2 Fine] CCR'dFedetil WaY FChUffY2, 1999 � g� ` 90900's" Vam calm. Ii4 ",MT a,ty rt#1 DELL T - _ 1 am C. Default ?A : The greater of (i) ten percent (10%) per annum or (ii) Five percent (5%) per amum plus the discount rate prevailing on the tweaty- fifth (25th) day of the month preceding the date such payment was due, as established by the Federal Reserve Bank of San Francisco on advances to member banks under Sections 13 and 13a of the Federal Reserve Act as is now or hereafter in effect from time to time. I7- Floor ArrA : The total number of square feet of floor space-- - - — - in a building including basement, subterranean, beicony and mezzanine space, irrespective of whether actually occupied- Floor Area shall be measured from the exterior line of the exterior walls and from the center line of wry parry or common interior walls without deduction for columns, walls or other structural or non-mcwral components; provided, however, in no event shall an Outdoor Sales Area be included in such calculations. The garden center located on the Major Parcel shall be deemed to constitute an Outdoor Sales ( , Area and is depicted on the Site Plan. E. CdvtrnmrnLal H ul ,Any or all laws, statutes, ordinances, codes, decrees, rulings, regulations, writs, injunctions, orders, rules, conditions of approval or authorization of any governments] entity, agency or political subdivision whether now in force or which may hereafter be in force F. c n : Any Person or Prime Lessee from lime 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, assignment, license, concession, or other similar agreement. G- Outdoor Sales Aran An area generally unprotected from the elements which may be used for sales and/or storage purposes and when used for such purposes shall be enclosed by a fence or other security barrier or maintained in a manner otherwise acceptable to Home Depot, in Home Depoes sole, absolute and subjective discretion- An Outdoor Sales Area on the major parcel shall not be located in the arm(s) designated on the Site Plan as no outdoor sales. An Outdoor Sales Area on the Outparcei shall only be in an area approved by Home Depot, in Home Depot's sole, absolute and �• subjective discretion. 1 i H Uwner: The record holder of fee lisle to a'Parcel, its heirv, personal representatives, successors and assigns. 1. Parking AMI. The term "Parking Area" shall mean that portion of the Common Area of the Parcels improved for use for parking of motor vehicles (but excluding appurtenant building service areas and Service Facilities), including, without 1 limitation, incidental and interior roadways, walkways, curbs and landscaping within areas used for such parking, traffic lanes, aisles, vehicle parking staIls, gutters, grade separations, beams and retaining walls, fighting standards, traffic and directional signs, traffic striping 106566-1211434719 4.DOC 3 Fitml CCR's/Fedasl Wey F6nury2.1999 19990909ooJ504 PRCE OF 911 e9•99, 19" 15 29 KING CplRiri. ,WR r mTYg!cM IECL 40 06 M i and markings and all other improvements located thereon for the purpose of accommodating the foregoing uses. 1. P rim r S lk: The sidewalk directly adjacent to a building and depicted as Perimeter 5idcwelk5 on the Site Plan. The Perimeter Sidewalks are the exclusive property of the: Owner of the Panel and not part of the Common Arm The Perimeter Sidewalk located on the'Major Parccl as depicted on the Site Plan shall - constitute an Outdoor Sales Area. K- permigee; All Occupants and the officers, directors, employers, agents, contractors, customers, vendors, suppliers, visitors, invitees, licensees, subtenants, and oancessionaires of Occupants insofar as their activities relate to the intended use of the Shopping Center. Among others, Persons engaging in the following sctivities on the Common Area will not be considered to be Permittees: (i) exhibiting any placard, sign, or notice; (ii) distributing any circular, handbill, placard, or booklet; (iii) soliciting memberships or contributions; (iv) parading, picketing, or demonstrating; and (v) failing to follow regulations relating to the use of the Shopping Center. L, Pin: [ndividuals, partnerships, firms, associations, corporations, limited liability companies, trusts, governmental agencies, administrative tribun-ls or any other form of business or legal entity. M atnv e F dill - Loading docks, truck ramps, trash enclosures, bottle storage areas and other similar service facilities. N. Utility Lines: Those facilities and systems for the transrnisston of utility services, including, but not limited to, water drainage systems or structures, water mains, sewers, water sprinkler system lines, telephones, electrical conduits or systems, gas mains, other public or private utilities, and drainage and storage of surface water ARTICLE 2 r�ON5TRUCTI QN OU PARULy SIO GI i 21 Buil in nd lm y m Prior to construction, reconstruction, replacement or modification (collectively referred to herein as "ConItruetinn") of any building or other improvements within the Olatparcel, the Outparcal owner shall deliver to Home Depot or Home Depot's designated representative four (4) complete sets of its schematic site and niher plans showing, among other things, the location of all intended facilities and improvements to the Outparcel, including Parking 1 Areas, automobile ingress and egrm curb cuts and traffic Flow, signalization and signage to and within the Gutparcel, schematic architectural and engineering plans, landscaping IDgM.121/434719 4.DOG FrW CCRIWFedaid way February2,1949 0909/19" B09 PAGE 934 or 041 99,09i1939 15 2504 KING COWff- M rIRST ArM*ICAN KCL 40 M 0 I so • r" drawings, grading and drainage plans, floor plans and plans and specifications for signs, which plans, drawings and specifications shall show, among other things, exterior architectural design and decor, elevations, aesthetic treatrrmtnt and other like pertinent data, and shall outline specifications for all such faci4ities and improvements to the Outparcel, all of which are hereinafter called "flans and Specifications." No Outparcel building shall exceed one (1) story and eighteen (I8) feet in height except if approved in writing by Home Depot, in its sole and absolute discretion- 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. A]I Utdity Lines serving the Out parcel building shall be underground, except as otherwise provided in Section 3.1B. 1 2.2 Pftrn Appray_al. _ A- procedure- Within forty-five (45) days after the submission of the flans and Specifications, Home Depot shall notify the Outparcel Owner whether the same are approved or disapproved. Any disapproval shall set forth the general reasons for such disapproval- Thereafter, the dutparcel Owner shall revise its Plans and Specifications to incorporate such changes as may be requested to secure Home Depot's approval, and shall deliver four (4) completed copies of the revised Plans and Specifications to Horne Depot- To the extent any subsequent material changes are made by the Outpareel Owner to any approved Plans and Specifications, such changes shall be subject to the provisions of Ns Section 2.2 and the Outparcel Owner shall secure the approval of Home Depot in the manner provided herein. B. No Li bil' . Home Depot shall not be liable in damages or otherwise for any reason, including any mistake in judgment, negligence or nonfeasance, arising put of or in connection with the approval or disapproval or failure to approve or disapprove any application submitted pursuant to this Declaration. The Outparcel Owner agrees that, by acquiring title to the Outparcel and submission of such plans, drawings and/or specifications, it will not bring any action or suit against Home Depot to recover any such damages. In addition, the Outparcel Owner shall indemnify, defend, protect and hold Home Depot and its officers, directors, shareholders, employees and agents harmless for, from and against any and all causes of action, claims, liabilities, losses, damages, costs and y : expenses (including reasonable attorneys' fees and court costs) arising out of or related to the approval or disapproval of any plans, drawings and/or specifications submitted to Home Depot by or on behalf of the Outpatcel dwner or its Occupants- No approval shall be considered an approval of the plans, drawings and/or spt cifications from an engineering perspective or a determination that they and building, environmental or engineering design standards, or that any such buildings or improvements have been built in accordance with such plans, drawings and/or specifications. 106666.121/434719 4.DOC: 5 Find CCR'a/Fedaal Way Febnury 2. 1999 199 909s Ur 181504 D9rij9 •t9°Y '1S 29 xSti, CkJetTYuu rlR5 01VT rt DEd 48 as D •.tom .,C�,..-x �c�a�e3.9rP,v �7 -7 # G M O M M 2.3 ins, Provided the signage otherwise permitted by Governmental Regulations to Home Depot is not adversely affected thereby, the dutparcel may have, subject to Governmental Regulations, spare on the Home Depot directional signs located at the entrances to the Parcels on South 3ST'd Street or, if such sign is not approved by the have free stasidiing directional sign at the City of Fedora! Way, then the Gutparcel may one The initial design of the monument sign structure including without A--- same location. - limitation, height and siie) shall comply with all Goverme"t Regulations and shall be— = f subject to Home DepoVs prior written approval, which approval shall be in Home Depot's the initial design of the sign structure shall ; sole and absolute discretion. Any change to comply with all Government Regulations and shall be subject to the prior written approval z of Home Depot, which approval can be gramed or withheld in Home Depot's sole and absoIirte discretion. The size and design of all sign fascia dispiaycd on such monument sign shall be in shall be subject to the prior written approval of Home Depot, which consent Florae Depot's sole and absolute discretion. The cost of constructing, installing, maintaining, operating, repairing and replacing such monument sign structure and sign fascia shall be paid by the applicable Outpnrcei Owner. 2.4 gttiidinE Siena- There shall be no other signs, banners or similar advertising media allowed on the Outparcel, except directional signs, handicap packing signs, and signs on buildings. All exterior building signs shall be restricted to identification the Otqparcel and shall conform to all of the businesses or services located or provided on Government regulations. Ali building signs (irtcluding, size and size and design of sign fascia) shall be subject to Home Depot's prior written approval, which approval shall be in to the building signs shall conform Home ?Depot's sole and absolute discretion- Any change to all Government Regulations and shall be subject to the prior written approval of Home Depot, which approval shall be in Home Depot's sole avid absolute discretion. The cost of and replacing the build€ng signs shall be paid 1 constructing, installing, maintaining, repairing by the Outparcel Owner 15 rice 1 On 0013 R ui ments. A. Mann ir of rform n e. AJI work performed in the Construction, maintenance and repair of any building, landscape, sign Or other improvements located on the outparcel shall be effected as expeditiously as possible and in s such a rararuier as not to unreasonably interfere, obstruct or delay (i) access to or front the } 1 (ii Major Parcel, or any part thereof, or to or from any public right -of --way, ,.�) construction work being performed on the Major Parcel, or (iii) &.a use, enjoyrnrrt or ac:npancy of the Gitless otherwise sl=ifc d: hFTein, Major Parcel by Home Depot or its Occupants. the outparcel Owner shall, at its sole cost and expense., promptly repair wnd restote all l buildings, signs and cornmon area improvements damaged or destroyed in the petformanrx r of such work. a JDKM.1211434719 4.DOC 6 Final February 2, 1999 CCRIdFedenl Way i 19990g��01504 va,[ 00G OF W S 4 KING COIMY, rM ERSr yfRi[sci ^.,r U. 48 0B W ,•� ,mil -. am LI H. Sleeina. staging for the Construction, maintenance and repair of any building, signs or other improvements located an the Outparcel, including, tirthout limitation, the location of any temporary buildings or construction sheds, the storage of building materials, and the parking of construction vehicles and equipment, shall Ho be limited to and take plane Only on the Outparcel. At the request of Unl Depot, the CTutparcel Owner shall fence off such staging and storage areas - specifically stated herein, the Outpareel Owner shall, at its sole cost and expense. se. pr raptly repair and restore or cause to be promptly repaired and restored to its prior ion all' buildings, signs and Common Area improvement, damaged or destroyed in the performance of such work. C 5tandArd of yXk. All work performed in the Costruction, maintenance and repair of Any building, ing, sign or other improvements iacatc� on the Outparesl shall be done in a good and workrnardike manner and in accordance with good engineering standards. Common Area work shall meet or exceed the minimum general design standards for the Common Area improvements located on the Major Parcel, including, without limitation, with regard to the minimum maintained lighting the suty at grade at all points in the Common Areas, the slope of the Parking Arm, ce materials used for the Parking Areas. D. M h ni l i If any mechanics', materialmen's, architects, or other design or constrvctioa liens shall be filed against the Major Parcel or the Outparcel for any work done or materials furnished in connection with the Outparcel ("Improved 0uiparce ), the owner of the Improved Outparcei shall cause the lien to be satisfied and released of record- The Cutparcei Owtter shall. within thirty (30) days after the filing of such lien, either (i) cause any such outstanding lien or claim of lien et 0be released of record or transferred to bond in accordance with applicahle law, ar (ii) g assurances as would enable a title insurance company to insure over said outstanding lien or claim of lien, failing both of which Home Depot shall have the right, at the Outparcel Cwnees expense, to transfer said lien to bond, The Outparcel Owner of the Improved Outparcel shall indemnify, defend, protect and hold Home Depot and their respective officers, directors, shareholders, employees and agents hamtless for, from and against any and all Causes of action-, claims, liabilities, losses, damages, casts, expenses (including reasonable attorneys' fees and court costs), liens and claims of lien arising out of ar in any way connected with the performance of such work Each Owner hereby grants to the other Owners a temporary .license for access and Passage over and across the Common Area located on the granting Owner's Parcel, to the extent reasonably necessary for such Owner to construct and/or maintain improvements upon its Parcel-, provided, however, that such licenie shall be in effect only during perms when actual consnCtion and/or maintenance is being performed, and provided further that the use of such license shall not unreasonably T 'Find 106666.1211434715 CDOC Febnwy2, 1999 CCR'srFe,!mA1 Way 19990909001504 ct CB 0!- Cd.A�1S Y1S� row 1.1 i • M interfere with the use and operation of the Common Area on the granting Owner's Parcel Prior to exercising the rights granted her.irL an owner shall provide each granting Owner with a written staturatmt describing the need for such license, and shall famish a certificate of insurance showing that its contractor has obtained the rninimum insurance coverage required by this Agreement. The Owner shall promptly pay all costs and expenses asSOCiatetf with such work, shall complete such work as quickly as possible, and shall promptly clean and restore the affected portion of the Common Area an. the meting-- Owner's Parcel to a condition which is equal to or better than the condition which existed prior to the commencement of such work. Notwithstanding the foregoing, if a dispute exists between the contractors, laborers, suppliers and/or others connected with such cans+suction activities, the granting Owner shall have the right to prohibit the contractors, laborers, suppliers and/or others wonting for an owner from using the Common Area on the granting Owner's Parcel, F. IndlMnity.,in addition to the indemnification set forth in Section 5.6, the Outparcel owner shall indemnify, defend, protect and hold Home Depot, and their respective officers, directors, shasehciders, employees and agents harmless for, from and against any and all causes of action, claims, liabilities, losses, costs and expenses (including reasonable attorneys' fees and court costs) damages, arising out of orrelated ouot injury to or death of any person or damage to or destruction of any property 0)arising of or resulting from any construction activities performed by or at the request of the Outparcel Owner or its occupants, or (ii) occurring within the Outparcel. G. bD��i EIE# t}nu During all construction on the ❑utparcel, the outparcel Owner shall keep the construction site and surrounding areas clean and free of construction materials, trash and debris, and shall take appropriate precautions to protect against personal injury and property damage to the other parties and their occupants and invitees. With regard to excavation, and without limiting any outer provision of this Declaration, no excavation shall be made on, and no sand, gravel, soil or other material shall be removed from, any Outparcel, except in connection with the construction or alteration of Outparcel buildings or improvements approved in the manner set forth in this Declaration, and upon completion of any such operations, exposed openings shall be backfiiled and disturbed ground shall be graded, leveled and paved or landscaped in accordance with the approved Plans and Specifications. H, Fitrking Ar , All portions of an Outparcel which can he used for buildings in compliance with parking and Building Area requirements shall, until devlo❑ne-inch a phalt dustd for such ucap land kept weed free ng use, either be eand clean by the ppgcabie Ontpatryered with a cei O ner. Tina/ 106666.1211434719 4MOC 8 F �2, 19gI CCWbTcdeW Way r IRS1 %IIMICM bC0. 4900 PAGE N8 OF 941 g9,0,19" 15 29 x111G CM MM 11 FM 2.6 Budding M#iottnp. From and after the date construction of a building on the Outparul is completed, the exterior of such building shall be maintained by tie outparcel Owner in first class order, condition and repair. 2 7 p n. If the building(s) or improvements on an Outparcel are damaged or destroyed, the Outparcel Owner may, but s11aII not be obligated _. _ ... to, restore its buildings) a improvements an the Outparcel.. if the NtparceI Owner elects to so restore its building(s) or improvements, such building(s) or improvements shall be restored to a condition at feast as goad as of the building(s) or improvements that which existed immediately prior to such damage or destruction and all such restoration and reconstruction shall be performed to aoeord.ance with the following requirements as the same are applicable thereto: (i) no work on the Outparcel shall be commenced unless the Outparesl Owner has in each 'instance complied with the appropriate provisions of this l Declaration with respect to approval of Plans and specifications for work performed on the oulparcel; and (ii) all work shall be performed in accordance with the requirements of this Declaration. if the Outparcel Owner elects not to restore its buildings) and improvements following damage and destruction, the Outparcel Owner's obligations with respect to the Common Areas on its Outparcel shall continue, and the Outparcel owner shall, at its sole cost, raze is damaged building(s) and improvements and clear the Building Area and surrounding Common Areas of all debris. After clearing the Outparcel, the Outparcei Owner shall keep the Qntparcei clean, weed free and covered with a one -inch asphalt dust cap, or shah improve the Out parcel as a Parking Area AMICLE 3 £ASEMEN i5 3.l In. A. GrXnt of £ s m n . Home Depot hereby grants to the outparcel Owner, and the Outparcel Owner hereby grants to Home Depot, for the benefit of the Major Parcel a non-exclusive and perpetual easement under, through and across the Common Area of the Major parcel or the outparce,, as applicable (exclusive oFany portion within a Building Area), for the installation, operation, maintenance, repair and replacement 111 of utility Lines. The initial location of any Utility Lines shall be subject to the prior written app.-oval of the grantor, which approval shall not be unreasonably withheld; provided. however, that it shall in all events be reasonable for the grantor to deny its approval if the proposed location is within a Building Area. B m . The easement area shall be no wider than necessary to reasonably satisfy the requirements of a private or public utility, or five (5) feet on each side of the centerline if the easement is granted to a private pa.'ty. 106666.1211434719 4.DOC 9 Final i CCR'sffede al Way Fe6ruety 2, 1999 19990909M 504 PACE 009 OF 041 IING %TY- W rrRs PKRtcm OECL 46 00 M .—t Net All Utility Lines shaD be installed and maintained below ground level, except for (i) ground - mounted electrical transformer-s and such other facilities as are required to be shove ground by the utility providing such service, and (ii) temporary utility service required during Construction, maintenance and repair of any buildings or improvements located on the Major Parcel or the Outparcel, as applicable. C. InsMjlati_an and Moinlenlinee. The installation, operation; maintenance, repair and replacement of such Utility Lines shall not unreasonably interfere with the use of the improved Common Area on the other Farce] or with the normal operation of any business in the Shopping Center. Any party installing Utility Lines pursuant to the provisions of this Section 3.1 shall pay all costs and expenses with respect thereto, shalt cause all work in connection therewith {including general clean-up and proper surface and/or subsurface restoration) to be completed as quickly as possible and in a Imanner so as to minimize interference with the use orthe Common Area, and shall provide Home Depot and/or the Owner of the other Parcel, as applicable, with as -built plans for all such facilities, including the location of the easement (as determined by a licensed surveyor), within thirty (30) days after the date of completion of construction. Except for any Utility Lines installed by Home Depot for the exclusive use of the Outparcel, the party installing Utility Lines shall maintain, repair and replace them at its sole cost and expense. If Home Depot installed a Utility Line for the exclusive use by the Outparcel, then the Outparcel Owner sha}1 maintain, repair and replace the Utility Lines which were so installed by Home Depot. D. ! c i n r utimy Lin . At any time and from time to time, the grantor shall have the right to relocate any Utility Lines installed on its Parcel pursuant to lire, foregoing grant of easement, provided that such relocation: () shall be performed only after sixty (60) days prior written notice of the grantor's intention to undertake the relocation shall have been given to the grantee served by the Utility Lines; (ii} shall not unreasonably interfere with or diminish utility service to the grantee's land screed by the Utility Lines; (iii) shall not reduce or unreasonably impair the usefulness or function of the Utility Lines; (iv) shall be performed without cost or expense to the grantee; (v) shall be completed using materials and design standards which equal or exceed those ` originally used; (vi) shall have been approved by the service provider and any appropriate governmental agencies having jurisdiction thereof; (vii) shah provide for the original and a relocated area to be restored to the original specifications; and (viii) shall not interfere with the conduct or operation of the business of any occupant of the grantee's Parcel. The grantor performing such relocation shall provide as -built plans for ail such relocated utility lines and facilities to the grantee served by such Utility Lines within thirty (30) days after the date of completion of such relocation. E. Additioual E>issmer±tt. Each Owner agrees to grant such additional easements as are reasonably required by any public or private utility for the 106666.121/4347i9 4.1x7C 10 Find CM31redaal Way Fd6muy2.1999 19990909001504 PAGE 018 OF 041 09,01,19" IS " r1w. COWY. W FIRST /MICAM DeCI 48 00 1 ra®r 0 0 purpose of providing the Utility Lines fo- the benefst or the other Owners and their Occupants, provided such easements meet the requirements of this Declaration are not otherwise inconsistent with the provisions of this Declaration. F. Term. The terms and provisions of this Section 3.1 shall survive the expiration or earlier termination of this Declaration. 3.2 FertetlrnrntAceess Dryc. A. Home Depot, as gnultor, hereby grants to the Outparcel Owner, as grantee, for the benefit of the Outparcel Owner and its respective Perraittees, appurtenant to the Outparctl belonging to the Outparcel Owner, a perpetual non-exclusive easement for ingress and egress by vehicular and pedestrian traffic upon, over and across / that portion of the Common Area located on the Major Parcel shown on Exhibit 1pl3" as the "Permtaaent-AcgML-Vn'. e" The number and location of ail curb cuts From the Outparcel to and onto the Permanent Access Drive shall, except to the extent shown on Exhibit "B", be subject to the prior written approval of home Depot. Horne Depot may from time to time relaeate the Permanent Access Drive located on the Major Parcel provided that any such relocation (i) shall be performed only after sixty (60) days notice of Home Depot's intention to undertake the relocation shall have been given to the Oulparcel Owner, if the Outpareul shall be affected by the relocation, (ii) shall not unreasonably interfere with the use of the Permanent Access Drive during the relocation by the Outparmt Owner and its Occupants served by the Permanent Access Drive, (iii) shall not reduce or unreasonably impair the usefulness or function of the Permanent Access Drive, (iv) shall be performed without cost or expense to the Outparcei Owner, (v) shall be completed using materials and design standards which equal or exceed those originally used, (vi) shall have been approved by any appropriate governmental agencies having jurisdiction thereof, and (vii) shall provide for the original and relocated area to be restored to the original specifications. B The Outparcel Owner shall pay its pro rate share (the "Attar Drive C ntri ution") of all reasonable costs and expenses incured by home Depot for the repair and maintenance of the Permanent Access Drive. Said pro rats share shell be based on the ratio ofthe total square footage oFFIoor Area located on the Gotparcel served by the F Permanent Access Drive to the total square footage of Floor Area located on all Parcels (including the Major Parcel) served by the Permanent Access Drive. The Outparcel Owner shall pay such share;within thirty (39) days after demand from Home Depot. 3.3 Aciol sodn n . y A. Gant of Easements. Each Owner, as grantor, hereby grants to the other Owner and its respective Permittees for the benefit of each Parcel belonging to 106666.121/434719 4.DOC II Favl CCR'sTakfai way Fehuary 2, 1999 19990909OM504 PnrE ;a or 64 r p9ia9�199° It a9 KING cowly, UA FII6i pfd1UW DCLL � _ ,FS y J 1 - the other Owner, as grantee, a nonexclusive easement for ingress and egress by vehicular and pedestrian traffic and vehicular parking upon, over and across that portion of the Common Area located on the grantor's Parcei(s), except for those areas devoted to Service Facilities or driveup or drive through customer service facilities- The reciprocal rights of ingress and egress set forth in this Section 3.3 shall apply to the Common Area for each Parcel as such area shall be increased pursuant to Section 13B above. W� B. Each Owner reserves the right to close off its portion of the Common Area for such reasonable period of time as may be legally necessary, in the opinion of such Own es legal eounsel, to prevent the acquisition of prescriptive rights by anyone- provided, however, that prior to Closing off any portion of the Common Area as herein provided, such Owner snail give written notice to the oilier Owner of its intention to do so, and shall attempt to coordinate such closing with the other Owner so that no f �) unreasonable interference in the passage of pedestrians or vehicles shall occur, and C. Each Owner reserves the right at any time and from time to time to exclude and restrain anyone who is not a Permittee from using the Common Area on its Parcel. 3.4 Landscauing Esscmgnt, The Gutparcet owner shall be responsible for the installation, irrigation, maintenance and replacement of landscaping on any portions of its Outparcel designated as landscape areas on the approved Plans and 5pocifications for the Outp=1 and/or required to be landscaped by the City of Federal Way, which landscaping shall be maintained in compliance with the requirements of all applicable Goverrunental Regulations- The Outparcel owner hereby grants to Home Depot a non- exclusive easement for the installation, irrigation, maintenance and replacement of landscaping on any such portions of the Outparcel. If the Outparcel Owner Fails or rcruses to undertake its responsibilities described in this Section 3.4 with respect to Outparcel landscaping, Home Repot may perform such landscape work on the Outparcel as may be reasonably necessary to comply with such requirements, and within thirty (30) days after demand by home Depot, the Orlparccl Owner shall reimburse Horne Depot for all reasonable costs and expenses incurred by Home Depot in connection with such landscape work, together with a management fee equal to ten percent O (Pla) Of such costs and expenses. in addition, the Outpareel Owner is granted an casement for the bencflt of the Outparcel for the landscaping located on the Major Parcal abutting the Outparcel as denoted on the Site Alan. Such landscaping shall be maintained by Home Depot to the extent Home Depot maintains the landscaping on the Major Parcel. 3.5 •n E m u . Home Depot hereby grants to tile Outparcel Owner, and the Outparcel Owner hereby grants to Herne Depot, a non-exclusive easement over and under its Parcel for surface water drainage over and through the drainage pattems and storm water drainage systems that are established from time to time among J:c Parcels s 106666.1211434719 4.1)0k: 12 Foul I CCR's/Federal way Febrwy2,1999 1999899988t584 PAGE 9:2 OF 941 in'"'1999 15 29 rd[L CCU". Ya FIRST ARMCan bECI 49 W ` '- • . _—.�._ - e L ..y;�.'�� r,' 'tip y..:.:' �..: C] Ian and approved by Home Depot as part of the Plans and Specifications. Nothing herein shall prevent an Owner from relocating the drainage patterns established upon such Owner's Parcel, provided such relocation does not unreasonaaly inter`ere with the surface water drainage of the other Parcel nor interfere with the orderly discharge of surface water from the other Parcel and complies with all Government Regulations and the requirements of this Declaration. 3.6 No Mereer. Notwithstanding Home Depot's ownership of more than one Parcel, the easements granted hereunder shall burden and benefit each Parcel individually, without merger as a result of such common ownership, and upon conveyance of the Outparcel so that the Outparcel ceases to he under common ownership, neither -Home Depot nor the Owner acquiring the Outparcel shall need to execute additional documentation to evidence the existence of said easements, and said easements shah relate back to and shall be deemed to have been created as of the date hereof. ARTICLE 4 PARKING; REURICTIONS ON USE ANP OPERATION 4.1 Parkin¢. A Pxrkinz Ratios. There shall be no charge for parking in the Common Area without the prior written consent of Home Depot, which consent may be withheld or delayed in the sole and absolute discretion of Home Depot. The Parking Area on each Outparcel shall contain sufficient ground level parking spaces in order to comply with the following minimum requirements, without reliance on parking spaces located on the other Parcel. 1. • Five (5) parking spaces for each one thousand (1,000) square feet of Floor Area for any use other than a restaurant located on the Outparcel; 2. 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 ten (10) automobiles (exclusive of any drive -aisle) for each drive -up unit; i 3, For each single restaurant which has less than seven thousand (7,000) square feet of Floor Area, then ten (10) additional parking spaces for each one thousand (1,000) square feet of }door Area devoted to such use; and 4. For each single restaurant which has seven thousand 1 (7,000) square feet of Floor Area or. more, then fifteen (15) additional parking spaces for each one thousand (1,000) square feet of Floor Area devoted to such use. 10(6G6.121/434719 4.DOC 13 Find CCIt'sTedaid Way February 2,1999 999090900t584 PAGE a13 OF 041 e49 - K1HGC 929 LM FIRsr MOICAX XM 46 M FI I if an occupant operates a restaurant incidentally to its primary business purpose, then so long as such incidental operation continues, the portion of the Floor Area occupied by such restaurant shall be excluded from the application of (3) and (4) above. For purposes of this clause only, a restaurant shall be an "incidental operation" if it _. occupies less -than seven .parccnt (7%) of the occupant's Floor Area and does not have a separate customer entry/exit door to the outside of the Building. In the event an Occupant utilizes Floor Area for restaurant and other purposes, only the portion of Floor Area allocated for restaurant purposes shall be subject to the increased parking requirements In the event the minimum number of parking spaces required by Governmental Regulations is greater than the minitnum requirements set forth above, then the minimum number of parking spaces as required by Governmental Regulations shall { ) control. In the uvent Home Depot agrees, in its sole and absolute discretion, to a minimum number of parking spaces less than the minimum requirements set forth above, such agreement shall be limited to the use of the outparcel at the time of the agreement. In the event the use of the 0ut9arce3 changes and such new use complies with the requirernents of Section 4.2 herein but requires additional parking spaces to comply with the requirements of this Section 4.1, then the: Outparcel Owner shall have the non-exclusive right to use up to 17 parking spaces as designated on the Site Plan. 13. Coademnstion- In the event of a condemnation of pail of the Outparcei or sale or transfer in Geu thereof that reduces the number of usable parking spaces below that which is required in this Section 4-1, then the Outparcel Owner shall use its best efforts (including using proceeds front the condemnation sward or settlement) to restore andlor substitute parking spaces in order to comply with the parking requirements set forth in this Section 4.1. if such compliance is not possible, then the Outparce€ owner shall not be deemed in default hereunder, but the Owner shall not be permitted to expand the amount of Floor Area located upon its Parcel. If such Floor Area is thereafter reduced other than by casualty, then the Floor Area on such Parcel may not subsequently be increased unless the parking requirement is satisfied. C. 1)'v Lp Facilities. No vehicular drive -up or drive -through facilities snail be located on the outparod unless Home Depot shall have first given its f { written consent, which consent shall not be unreasonably withheld, to the location, parking and drive lanes of such facililies. If a business on the Ntpareal contains a vehicular drive- up or drive -through facility, then there shall be space for stacking not fewer than ten (10) vehicles for each drive -up or drive -through facility. D. gclnlgloycc firkins. In no event shall any employees of any 1 business other than Horne Depot park on the Major Parcel. 106666.121/434719 4.DM 14 Fuma CCR'a/Fedaal Way Febtury 2, 19" 1999B489081584 'L 8l+ Or 841 "A KIMC�rY1 2, r1R3TlC°M pEC.L 48 00 M • M 4.2 11se Resiricti4nI. A GcnerMl UeC i7ratrictivns. 1. No portion of the Common Areas on the Outparcel _..--.. . shall be used for the sale, storage or display of merchandise, or for the storage of shopping cans. No be hetd iri file Canunan Areas on the Outparcel without the--- - prior written consent of Home Depot, which may not be unreasonably withheld or delayed. It shall be reasonable for Home Depot to withhold its consent if such promotion negatively impacts Home Depot's parking, access or visibility, as determined in Home Depots sole and absolute discretion. 2. No part of the Outparcel shall be used for other than + retail sales, office uses which offer retail services directly to the public, or restaurants. No _ part of the Outparcel shall be used for a business -or use which: (i) creates strong, unusual or offensive odors, fumes, dust or vapors which are objectionable to Home Depot; (ii) is a public or private nuisance; (iii) emits noises or sounds which are objectionable to Home Depot due to intermittence, beat, frequency, shrillness or loudness; or (iv) creates unusual fire, explosive or other hazards. 3_ No' portion of the Shopping Center other than the Home Depot Parcel shall be used for any non -retail use or for any of the following purposes: a flea market or a business selling so-called "second hand" goods; cemetery; mortuary; bookstore or establishment engaged in the business of selling, exhibiting or delivering pornographic or obscene materials; a so-called "head shop", video or other type of gameroom or arcade; off-track betting parlor; junk yard; flea market; recycling facility or stockyard; motor vehicle or boat dealership, repair shop (including lubrication and/or service center), body and fender shop, car wash facility or gasoline station, or motor vehicle or boat storage facility; a laundromat or dry-cleaning facility; a warehouse; theater, auditorium, sports or other entertainment viewing facility (whether live, film, audiovisual or video); discotheque, dance hall, comedy club, right club or adult entertainment facility; bowling alley; skating rink; billiard or pool hall; massage parlor, game parlor or video arcade (which shall be defined as any store containing more than three (3) electronic games); fitness center, workout facility, gym, health spa or studio, or exercise facility; a beauty school, barber college, reading room, place of instruction or any other operation catering primarily to students or trainees and not to customers; a restaurant which serves alcohol other than beer or wine or which has a bar which does not offer food serVoe; office usage other than incidental in connection with non -prohibited uses; industrial, residential or manufacturing uses, school or house of worship. r 4. The construction and/or operation of a restaurant on the Outparcel shall be subject to the prior written approval of Home Depot, which approval 106666.1211434719 4DOC 15 Final zi CCR'a/Fedenl Way Fetxuary; 1999 I ~ 199"909061504 nac6 CO or e'i ,eicito c`19" isu 9929 CSnlT pffJtlGW DL[� �g go saw 11 am pw- may be withheld in Home Depofs sole and subjective discretion as to: (i) any single restaurant over four thousand (4,000) square feet of Floor Area; (ii) any restaurant, if the square footage of such restaurant, when added to the square footage if all other restaurants on the Outparcel (or approved by Home Depot to be constructed on the Outparcel) would exceed four thousand (4,000) square feet of Floor Area; and (iii) any restaurant which serves alcoholic beverages. The Outpareel Owner, at its sole cost and expense, shall keep - the Parking--and-Common Areas serving such -restaurant clean -and -free of all -debris iffd - rubbish caused by such use and such costs shall not be chargeable to Home Depot. S. The Outparcel Owner shall provide Horne Depot with written notification of any proposed change in use (and each subsequent change in tim) from the i6fial use of any business operation located on the Outparcel, and any such change shall be subject to. the prior written approval of Home Depot, which approval shall not be unreasonably withheld or delayed. It shall be reasonable for Home Depot to withhold its consent for the foliowing reasons, which are set forth here as examples and are not meant to be an exhaustive fist: (i) if the use violates this Declaration, (k) if the use violates Zoning or other governmental laws, rules and/or regulations. B. Exdurive Use Rtatrietwns. No part of the Outparcel shall be used as a store for the sale of any of the following items: lumber, hardware, tools, plumbing supplies, pooi supplies, electrical supplies, paint, wallpaper and other wallcovering, carpeting and other floor coverings, siding, ceiling fans, garden and gardening supplies, patio furniture, finished or unfinished furniture, tile (including ceramic tile), artificial and natural plants, light fixtures, cabinets and household appliances, and other products generally sold in a retail home improvement center, except for the "incidental" sale of such items in a store located on the Outparcel. An "incidental sale of such items" is one in which there is no more than the lesser of (i) five percent (5%) of the total Floor Area of such business, or (6) 1,000 square feet of sales and/or display area, relating to such items individually or in the zggregate. 4.3 Wzm dour MAterisls. A. RestOtt-ion on _EWArdnur MAteriais- No Hazardous Material (as defined in Section 4.3D below) shall be brought upon, kept, used, generated or stored in or around the Outparcel, except with the prior written consent of Horne Depot, which consent shall not be unreasonably withheld, and in compliance with all applicable Environmental Regulations (as defined in Section 4 3D below), and then only to the extent that such Hazardous Material is necessary in the ordinary course of business conducted on the Outparoel. Notwithstanding the foregoing, Horne Depot's consent shall not be required for the storage, use or disposal of common household cleansers and degreasers in the erdinary course of business on the Outparcel, provided that such storage, use and disposal 106666.121/434719 4.DOC 16 FiW CCRWcdaal Way FebnaRy2, 1999 199969ogeeiS84 Fi6D cis OF cot KING :cr�ts� FtnT M[rr1.VW DELI. 49 as a is in compliance with all applicable Environmental Regulations. It shall be = 59 reasonable for Home Depot to prohibit underground storage tanks on the Out parcel, and to require any above -ground storage tanks to have a double -wall contain-ment system. Home Depot's approval of any method of use or storage of Hazardous Materials on the Outparcel shall in no way limit Home Depot's rights and remedies under this Section 4.3, nor create any liability on the part of Home Depot. Without limiting the foregoing, in the event of a violation of any Envirantriental Regulation on the Outparcel, the Outparcel Owner shall promptly take all actions at its so]e expense as are necessary to correct such violation to the satisfaction of Horne Depot. $ Inoemni . If the outparcel Owner breaches its obligations tinder Section 4.3A above, or if a Hazardous Material is at any time released or found to exist on the Outparcel (except to the extent caused by Home Depot), then the OutparcA Dwner shall indemnify, defend, protect and hold Home Depot, and its respective officers, f directors, shareholders, employees and agents, harmless from and against any and all causes of action, claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees and court costs) arising out of such breach or the existence of such Haaardous Material, including, without limitation, (i) diminution in value of the Major Parcel, (ii) damages for the loss or restriction an use of rentable or usable space or of any improvement an the Major Parcel, (iii) sums paid in settlement of, payment of, or in order to comply with any claims, suits,-,ctions, judgments, proceedings or investigations, (iv) reasonable consultants' fees, experts' fees and incidental costs incurred in connection loth any of the above, and (v) reasonable costs of any investigation of site conditions or any cleanup, remedlatlon, removal or restoration work required by any governmental or quasi - governmental authority with jurisdiction. The obligation to indemnify, defend, protect and hold Home Depot harmless as set forth herein shall survive the expiration of this Declaration. C. Grundwolyr T is . Wilhavt limiting the foregoing, Home Depot shall have the right, at any time and from lime to time, to cause not more than three (3) testing wells to be installed on the Outparcel in locations reasonably approved by the Owner of the 0utparcel and, at Home Depot's options, may cause the groundwater under the Outparcel to be tested for the presence of Hazardous Material not more than once in any twelve (12) month period (unless there is an investigation which requires more frequent lI testing) by the use or such tests as are then customarily used for such purposes. If the owner of the Outparcel so requests in writing, Home Depot shall supply such owner with copies of such test results. The testing described in this Section 4 3C shall be at Home Depot's expense, unless an owner of the Outparcel is obligated to indem tif} Home Repot against such costs pursuant to Section 4.3B above. Notwithstanding, the foregoing, this Section 4.3C is not intended to and does not limit or abridges Horne Depot's legal rights, if M any, to recover these expenses from the Outparcel Owner. 106666.121/434719 4 DOC 17 Final CCR's1Fedaat Way Fekwy2, 1999 \ — 1999paMot090or900150a 041 KipG COltrtY15 to aFIRST X R1CaN DEC'- 9 D- Ikfinitiona- As used herein, the term "Raurdous MI"terial" means: (i) any waste, material or substance (whether in the form of a liquid, a solid or a gas and whether or slot air-bome), which is deemed to be a pollutant or a contaminant, or to be hazardous, toxic, ignilable, reactive, corrosive, dangerous, harmful or injurious to public health or to the environment, and which is or may bomme regulated by or under the authority of any applicable local, state or federal saws, judgments, ordinances, orders, rulij, xegulatians, codas or other governmental restrictions or requirements, -any — amendments or successors) thereto, replacements thereof or publications promulgated pursuant thereto (rolleetively "Environmental Regulation"" and individually, an "Environmental Regulation"), (ii) petroleum and hydrocarbons, whether crude or refined, and any fraction or mixture thereof; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) any radioactive material. The term "Environmental Reguiations" meads focal, state -, and federal laws, judgments, ordinances, orders, rules, regulations, codes and other 1 governmental restrictions and requirements, any amendments and successors thereto, / replacements thereof and publications promulgated pursuant thereto, which deal with or in any manner relate to Hazardous Material. ARTICLE 5 CQMMQN AREA MAYNTENAN E• TAX iN llRAN XE 5-1 Mainter:an, A, Mjinjensinge Standards. The Outpareel Owner shBJ1 maintain the Common Areas on the Outparcel at all times in good and clean condition and repair and to a level comparable to the standard of maintenance generally maintained in other shopping centers of similar size and tenant -mix, in the Federal Way, Washington metropolitan area, said maintenance to include, without limitation, the Feilowing' 1. Maintaining, repairing and resurfacing, when necessary, all paved surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability, and restriping when necessary; ' 2 . Removing all ice and snow, papers, debris, filth and reFuse and thoroughly sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly condition and keening the Common Area on the Outparcel free from any obstructions 'including those caused by snow and i" and the sale or display of merchandise; 3. Maintaining, repairing, restriping and replacing, when necessary, all traffic directional signs, markers and lines; 106666.121/434719 4.DOC 18 FM MR'slFedeW WAY FcbruM2,1999 1999e909001594 WE 019 or 041 94,89•i993 IS 29 KING COLMY. IIN NAST AMRICPN DECL 49 N arm .. ' 4. Keeping the Common Area on the Outparcel lighted as required in this Declaration; 5. - Maintaining, repairing and replacing all landscaped areas (other than those provided in Section 3.4 above), operating, maintaining, repairing and replacing, when necessary, automatic sprinkler systems and water lines; and replacing - -- daubs find otlfer :andwaping as -necessary; — — 6. Maintaining, rt pairing and replacing, when necessary, all Common Area walls, including, without limitation, any screesting wails serving buildings or retaining walls that are also part of the walls of a building on the Outparce% 7. Maintaining, repairin& cleaning and replacing, when necessary, all [Utility Lines not conveyed to any public or private utility and Common Area J lighting facilities, including light standards, wires, conduits, lamps, ballasts, and lenses, time clocks and circuit breakers to the extent same are reasonably required; S. Maintaining, repairing and replacing, when necessary, the monument sign on the Outparcel; 9. Performing itself or contracting with a third party or panics to perform any of the services described herein; provided, however, that the outparcel owner shall remain responsible and liable for the performance of all said services in accordance with the terms of this Declaration and for the peffOnn nce of any such third party or parties under any such contract or contracts; and 10. Maintaining liability insurance on the Common Area located on the Outparcel, in compliance with Section 5 5. The foregoing obligations shall 'include any repairs or replacements which may become necessary due to damage or destruction of the Common Areas on the Outparcel. . i3 Takr Riot , In the event that the Outparcel Owner fails or refuses to undertake the maintenance obligations scl forth in Section 5.1 A, them I upon thirty (30) days' prior written notice to the Out parcel Owner, Home Repot may at its 1 : option but without any obligation to do so, elect to assume the Outparcel Ownees maintenance obligations. The Dutparcel Owner hereby grants to Home Depot, and its contractors, agents and employees, a license to enter upon the Outparcel to operate, maintain, repair and replace the Common Areas located thereon. In no evem shalt Home Depot he responsible for security or traffic supervision, nor shall Home Depot be Wiped to perform repairs and replacements of the Common Area in connection with damage or destruction by fire or other casualty or in connection with a taking under the powers of eminent domain or transfer in lieu thereof. Upon thirty (30) days' prior written notice to the 1066%.1211434719 4.DOC 19 FTmi CC>z•3ir�ra1 way i 2.1994 19990909001504 PAGE 019 Or 611 09,09,1999 19 29 KING CMWY. NA FIRST Nl"" DECI 48 ee Outparcel Owner, Home Depot may elect to return to the Outparcel Owner the maintenance obligations set forth above. 5-2 JRtimh r8rneft Lien. in the event Home Depot is performing the Common Area maintenance and/or carrying the Common Area liability insurance on the Outparcel, then the Outparcel Owner shall reimburse Home Depot the reasonable costs incurred by Home Depot in connoctfon therewith, plus a management fee equal to ten""" percent (l4°/a) of such costs to defray a drnini stra6 ve expenses, within thirty (30) days after receipt of }come Depot's invoice therefor. The percentage allocation of such costs among Parctis shall be based on a pro rate share, which pro rats share shall be based on the ratio of the total square footage of the Floor Area on the outpascel to the total square footage of Floor Area located on all Parcels (including the Major Parcel). 1 if the 0utparcel Owner fails to pay when due its share of any invoice for the Common Area maintenance expenses described above (including the management fee described herein), or its contribution to the cost of maintaining and repairing the Permanent Access Drive and/or the Parking Area of the Major Parcel pursuant to Section 3.25 or any other sums which may be due and owing from the Oulparcel Owner to Home Depot under this Declaration, then, following any cure period provided in Section 6.3, such failure shall constitute a default under this Declaration and Home Depot may thereafter institute legal action against the Qutpareel Owner for reimbursetnent, plus interest from the date said Yll was due and payable to and including the date said bill is paid, at Default Rate - Furthermore, Home Depot, shall have alien on the Outparcel Owners Outparcel For the amount of said expenses and accrued interest as set fortis above. The lien provided for in this Section 5-2 shall only be effective when filed for record by Horne Depot as a claim of lien against the Outparcel Owner in the office of the rec-order of the county in which the putparcel is located, signed and verified, which shall contain at least: (i) an itemised statement of all amounts due and payable pursuant hereto; (ii) a description sufficient for identification of the Outparcel which is the subject of the lien; tiiij the name of the Owner or reputed Owner oFthe Outparcel: and (iv) the name and address of Home Depot. The lien, when so established against the Outparcel described in the lien, shall be prior and superior to all right, title, interest, lien or claim which may be or has been acquired or attached to the Outparcel after the time of filing the lien. The lien shall be for the use and benefit of Home Depot and may be enforced and foreclosed in a suit or action brought in any court of ' competent jurisdiction. 5 3 Lim. A 9tagired Lighting- The lighting for the Common Areas on the Outparcel shall remain on each day From dusk until I l :00 p.rn., at a lighting level of one and o no -hal F ( 1, 5) Foot candles. Security lighting For the Outparcei shall remain on each dray from 11-100 p.m- until 600 a,m. The Outparcel Owner shall, at its expense, keep any 106666.121r434719 4.I70(: 20 Final t 1 CCRWFedee] Way Feb uny 2,1999 9,99aa 1504 a9i09-t999 Is KItIG �e11(TY. NR29 irKSY plEillCAw xi'o� 48 00 1 u II 0 r+. v STATE OF WASH NGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence �& 1s the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the mstrument and acknowledged it as the of Video Only, Inc. to be his free and voluntary act of such parties for the uses and p os4 mentioned in this instrument DATED3� RmA Nerve Not" PuM16 NOTARY PUBLIC for the State of � p Hi� Washington, residing at 106666 0121/915371 3 My appointment expires 4 (HD Legal Description) (After Boundary Line Adjustment 8116/99) THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W M., IN KING COUNTY, WASONGTON, DESCRIBED AS FOLLOWS. CQMIVIENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 88031'43" EAST 333 87 FEET ALONG THE NORTH LINE THEREOF, THENCE SOUTH 01023'50" WEST 33.00 FEET TO THE SOUTH LINE OF THE NORTH 33 00 FEET OF SAID SUBDMSION; THENCE CONTINUING SOUTH 01013*50" WEST 1199 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50 00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY 39 27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45000'00"; THENCE SOUTH 4303010" EAST 120.02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50 00 FEET, THENCE SOUTHEASTERLY AND SOUTHERLY 39 27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00"; THENCE SOUTH 0102350" WEST 48.91 FEET, THENCE NORTH 8803624" WEST 176.02 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 0102336" WEST 157 70 FEET; THENCE NORTH 88°3624" WEST 21916 FEET TO THE EASTERLY MARGIN OF ENCHANTED Ln PARKWAY (SR 161), SAID EASTERLY MARGIN BEING A CURVE CONCAVE EASTERLY, .a� CONCENTRIC WITH AND 50 00 FEET EASTERLY OF THE SPIRAL CENTERLINE OF SAID ENCHANTED PARKWAY AS SHOWN ON DRAWING PREPARED BY WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TITLED "SR 161 PIERCE COUNTY LINE TO KITS ' CORNER", SHEET 5 OF 5, APPROVED MAY 24, 1938, THENCE ALONG SAID EASTERLY MARGIN THE FOLLOWING TWO COURSES - THENCE SOUTHERLY 136 49 FEET, MORE OR LESS, ALONG SAID CONCENTRIC CURVE, THE CHORD OF WHICH BEARS SOUTH 01003'13" WEST 136.49 FEET DISTANT, TO A POINT OPPOSITE HIGHWAY ENGINEER'S STATION C S. 147+82.54 AND THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2,815.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 8905411" WEST), THENCE SOUTHERLY 287 81 FEET ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 050511290 TO THE NORTH LINE OF THE SOUTH 15 ACRES OF SAID SUBDIVISION, THENCE SOUTH 88°36'07" EAST 98718 FEET ALONG LAST SAID NORTH LINE TO THE WESTERLY MARGIN OF INTERSTATE HIGHWAY 5 (STATE HIGHWAY NO 1) AS DESCRIBED IN DEED RECORDED UNDER KING COUNTY RECORDING NO 4994573; THENCE ALONG SAID WESTERLY MARGIN THE FOLLOWING THREE COURSES: THENCE NORTH 13°58'06" EAST 642.01 FEET; THENCE NORTH 76001'54" WEST 25.00 FEET, THENCE NORTH 13'*58' 11" EAST 168.34 FEET TO SAID SOUTH LINE OF THE NORTH 33.00 FBE'r, THENCE NORTH 88031143" WEST 1,124.98 FEET ALONG SAID SOUTH LINE AND TIDE SOUTH LINE OF RIGHT-OF-WAY FOR SOUTH 352ND STREET AS DESCRIBED IN DEED TO THE Cir1( OF 106666 012119155713 FEDERAL WAY RECORDED UNDER KING COUNTY RECORDING NO 9310212098 TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 35 00 FEET, THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY 54 90 FEET ALONG SAID CURVE AND THE SOUTHERLY LINE OF SAID SOUTH 352ND STREET THROUGH A CENTRAL ANGLE OF 89"5229" TO SAID EASTERLY MARGIN OF ENCHANTED PARKWAY, THENCE SOUTH 01 °35'48" WEST 309 54 FEET ALONG SAID EASTERLY MARGIN, THENCE SOUTH 88"3624" EAST 68 06 FEET, THENCE NORTH 0I023'36" EAST 165 00 FEET, THENCE SOUTH 88036'24" EAST 15100 FEET TO A POINT WHICH BEARS NORTH 0I°23'36" EAST FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH 01*23'36" WEST 37 30 FEET TO THE TRUE POINT OF BEGINNING, THE PARCEL DESCRIBED ABOVE CONTAINS 836,434 SQUARE FEET (19 925 ACRES), MORE OR LESS, SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS A STRIP OF LAND 30 00 FEET IN WIDTH, HAVING 15 00 FEET OF SUCH WIDTH ON EACH SIDE OF AN EASEMENT CENTERLINE DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OFEA4ID-SECTION-28, THENCE -SOUTH 88°3r43" EAST 333 87 FEET ALONG THE NORTH LINE THEREOF, THENCE SOUTH 01023'50" WEST 33 00 FEET TO THE SOUTH LINE OF THE NORTH 33 00 FEET OF SAID SU13DMSION AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01023'50" WEST 1199 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50 00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY 39 27 FEET ALONG SAID CURVE THROUGH A _ CENTRAL ANGLE OF 45*00100"; THENCE SOUTH 43036'10" EAST 120 02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50 00 FEET, THENCE SOUTHEASTERLY AND SOLMIERLY 39 27 FEET ALONG SAID CURVE THROUGH A CENTRAL.ANGLE OF 45°00'00", THENCE SOUTH 01023'50" WEST 48 81 FEET, THENCE NORTH 8803624" WEST 176 02 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE, c., o THE SIDELINES OF THIS EASEMENT SHALL BE SO SHORTENED OR LENG'IHENED SO AS TO N MEET AT ANGLE POINTS AND TERMINATE IN SAID SOUTH LINE OF THE NORTH 33 00 FEET SITUATE IN THE CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON 106666 0121/915371 3 (Video Only Legal Description) PARCEL A THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS CONWNCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 88031'40" EAST 333 87 FEET ALONG THE NORTH LINE THEREOF, THENCE SOUTH 01023'50" WEST 33 00 FEET TO THE SOUTH LINE OF THE NORTH 33 00 FEET OF SAID SUBDIVISION, THENCE CONTINIJING SOUTH 01023'50" WEST 1199 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50 00 FEET, THENCE SOUTHERLY AND SOUTHEASTERLY 39 27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45000'00", — THENCE SOUTH 43036'10" EAST 120 02 FEET TO THE BEGINNING-OF-A'CURVE-CONC-AVE-TG- — — ---- - - THE SOUTHWEST HAVING A RADIUS OF 50.00 FEET, THENCE SOUTHEASTERLY AND SOUTHERLY 39 27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00", THENCE SOUTH 01°23'50" WEST 48,81 FEET, THENCE NORTH 88036'24" WEST 176.02 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 01023'53" WEST 157 70 FEET, THENCE NORTH 88036'24" WEST 219 16 FEET TO THE EASTERLY MARGIN OF ENCHANTED PARKWAY (S R 161) SAID EASTERLY MARGIN BEING A CURVE CONCAVE EASTERLY, c CONCENTRIC WITH AND 50 00 FEET EASTERLY OF THE SPIRAL CENTERLINE OF SAID ENCHANTED PARKWAY AS SHOWN ON DRAWING PREPARED BY WASHINGTON STATE DEPART.NIENT OF TRANSPORTATION TITLED "SR 161 PIERCE COUNTY LINE TO KITS CORNER," SHEET 5 OF 5, APPROVED MAY 24,1938, THENCE ALONG SAID EASTERLY MARGIN THE FOLLOWING TWO COURSES THENCE NORTHERLY 12 32 FEET, MORE OR LESS, ALONG SAID CONCENTRIC CURVE, THE s CHORD OF WHICH BEARS NORTH 01035'30" EAST 12 32 FEET DISTANT, TO A POINT OPPOSITE o HIGHWAY ENG1NEEW S STATIONS T 149+32 54, N THENCE NORTH 01035'48" EAST 17 68 FEET, ca THENCE SOUTH 88036'24" EAST 68 06 FEET, ctiv THENCE NORTH 01°23'36" EAST 165 00 FEET, THENCE SOUTH 88036'24" EAST 15100 FEET TO A POINT WHICH BEARS NORTH 01023'36" EAST FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH 01023'36" WEST 37 30 FEET TO THE TRUE POINT OF BEGINNING (ALSO KNOWN AS REVISED PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED AUGUST 16, 1999 UNDER RECORDING NO 19990816900008) (CONIR,TLTED) 106666 0121/915371 3 DESCRIPTION CONTINUED PARCEL B AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS A STRIP OF LAND 30 00 FEET IN WIDTH, HAVING A 15 00 FEET OF SUCH WIDTH ON EACH SIDE OF AN EASEMENT CENTERLINE DESCRIBED AS FOLLOWS: C:ONVv ENCING AT THE NORTHWEST CORNER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W M , IN KING COUNTY, WASBINGTON; THENCE SOUTH 88031'43" EAST 333 87 FEET ALONG THE NORTH LINE THEREOF; THENCE SOUTH 01°23'50" WEST 33 00 FEET TO THE SOUTH LINE OF THE NORTH 33 00 FEET OF SAID SUBDIVISION AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01023'S0" WEST 1199 FELT TO TEE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50 00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 39 27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00", THENCE SOUTH 43036' 10" EAST 120 02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50 00 FEET, --- —THENCE-S0UTHEASTIItLY AND SOUTHERLY 39 27-FEEET-ALONG SAID -CURVE -THROUGH -A- - CENTRAL ANGLE OF 45000'00"; THENCE SOUTH 01023'50" WEST 48.81 FEET, THENCE NORTH W36'24" WEST 176.02 FEET TO THE TERMINUS OF SAID EASEMENT CENTERLINE, THE SIDELINES OF THIS EASEMENT SHALL BE SHORTENED OR LENGTHENED SO AS TO MEET AT ANGLE POINTS AND TERMINATE IN SAID SOUTH LINE OF THE NORTH 33 00 FEET, IN KING COUNTY, WASH NGTON c., cm sv 106666 0121/915371 3 i 1 EXHIBIT C oty.rF�ai�.tw.r Sign Permit#.02 -�I OQ35 - 00 t:oovawq Arnrmn.�= swam nslo ilt"s Fc&uJ W-• WA 9r0Wd210 M 2s36st aaa Fan =6614us Inspection request line 253.835.3050 Project Name VIDEO ONLY/HOME DEPOT Project Address 1643 S 352N0 ST Parcel Number 282104 9079 Project Desenpaon SON - Install (1) internally illuminated, double -sided pole sign Oaux Applie+ni . HOMEDEMUSA#4703 &VIDEO ONLY* 1SSIGNS, INC 1700 MAPJXr Sr #I510 8751 COMMERCE PLACE DRNE PHILAD2MIAPA IACEY WA 99SI6-1326 19103 3915 CmnµdwavaPlsnDcabutim Coummaltyliusmess 2ana,gDmgtauon Free Standing Signs Cawactor I S S1ONS, INC 9751 COMMERCE PLACEDRNE IACEY WA 985161326 (560)4592967 DC CONDITIONS 1 This permit is issued based on the 10for'n3taon provided by the app]icaxYL Sluice property Imes cannot be vented without a survey, the propzrty owner, hM/herbe:rs or assigns shall assume all 112bIIIty far any relocation or any other associated costs should the stgn be iaczted in puhlac right-of-way or within the required yard setback 2 Tbc: required setback from property hues for all signs shall he nut less than 3 feet- 3 Sign base shall be made of solid mattnals harmotuiiW with the character of the primary structures on the sub?eC property. There shall be no rutble gap li,-mcen the sign bass & finished grade nor between the sign Dose and sign face, per FWCC, See- 22.1602(3)[t) 4 A separalc electrical permit is required for any sign requiring eleetncal work 5 FWAL SIGN INSPEMON LS RJEQUMBI1 is order to rect:ive the sign registration sticker Please call 253-835-3050 to schedule the final sign inspection PERMIT EXPIRES September 2, 2007,1F NO WORK IS STARTED permit issued on. March 6, 2002 I hereby certify that the above niformation is correct and that the construction on the above described proper the occupancy and the use will be in accordance with the laws, rules and regulations of the State of Washtn, the City of FederalWay Owner or agent i` r - ^z�� — Date �_��� i 1s N ELL lw ,F4 Fri �� z I � MTAHNd ll7Ai_J I � I I I NEW PAYMIENT I i Exist mwnpr' I_NE TO B� I NEW COLORED CONC. NEW MWPERT'( Exl 1 LINT= .. ❑C 810FILTRATIOH SW � `EX15 EQ'Q. 53� EacMI STMF SLOPE LHE I RE•SMFE TO COMPACT R", irXISTING RETAINING WALL NEW L €' 7 _ � E C i _ >`ic7u r�u n I 4. . 1 Ri i 1 'k Q j+t yam; r� n G N�f°21'3$'E 1G5.5.3C �ncHpnrEo ��w r. �rtr rnRneR -e f A O Y Ki r c I. 0 � m 0 C� d im iM r�G7�o a no -on _ rr„ °o m m . cn o `M 'o ,. `o z n �1 _ d m a -< �{ o +1 N O �l I •S3H50 k ti Nth 5 '^ Ott rn m r� ti O D 0' 0 Z D 0' 0 Z i Y y i psi i � f• ru, R.� �•R Yt� K 0 CA EE � � Ei3 4!!s Ij mG 6• � .g a $xn _� _o= r O rn U L. rn 60 g �_,Na-a as r zass_aa ►■ X e o o X♦ +® p mT. M.0 0 0 0 s8 Z= 2 z 0 0 x x 0 Z x c v oo 1 o � ENCHANTED . PARKWAY s a. 161 Rp°t v sea • sror. twgaerhror er rnx+►n-rcnpn . p>�,ry per' 'aEr;'piror marry 47+ is 2v Aww 9 Apo .....: �� Z _�.,..�a• r S Ol•9A'Z7'W a 7' _ 2-to w� $� x v O _ ;\N �, rr�rly SA - G ZN O� ZN Cl) S N z� co urn m M r Np 3Y .�`E N A" 71'3A'� RY855 36 ► a .. • O 0 ; ; i -•. FaI m m m y 0 mp 0 0 0 o T m 0 C C �, g Z n z0 o z z z z o o c z c m I � �$ x• x 9 0 0 i nV I �i N A m O D x m y r O o z r C [p I M O r A V C O> n n n _ m V s D z 9 4 r D �. C m m ni 2 o v x m r L1 ! u i N UD m z m 0 F� m o � I N �e4 ENCHANTED PARKWAY Sda • rov+ SMh lnwnr l 01 nlan4* ^rw" (� Z Iyur.i+q $ r181. Rercr QN•nly LV+r to tiffs a~ 1%)"? 5 NIS @ s or 21• ae- w aess,an ? . 9EC710N LNE1 - .__—_ •_• •• ... 3617.66' r i q =� Nillil "-YIN^;goki •ii� �SKp �y 1s�n S� inF eJim F� a,.`9342, K oNp * pyy a � N A ew v N A L � AO 4 4Wogr O fn r 'rs: �r•Ilf r�R'LS9� i�r IV 73 i A Y� Z U) cm o� c a Ip A Q ''NNN W m ID 0 o `1 rN • Z � t•I s �Q SQ I� I T �i• } g~2g LLJ nj� Q -4 RR �C3FF� to I V W af b e Wf M �� u • W r Li. WHO �3y1s �� m . F— a •�S'd "7. Sn sty.: 3 02 I Z.;z t 1 /ed � i E =, Y• rr Y gN p LL Cc p = 7 z0 F-go ° 29 39 r. w as•77 R•w f ��tl L7 09 w Ignaw 6 � me • 31 n P v � c . r'• r,pLU Zi G < �g35 ui W nVQ 2 N HEM N z � a o F � � O I e — 6 C ~ u W I O V g V 0 to R m o ? $ = o C c=i o V 11 1E o 0 ¢ a p s W ' C ¢ a ! 1 O G 5 � cOa arE exterior building security lights on from dusk until day n, The Outparesl Owner and Home Depot hereby grant to each other an irrevocable license far the purpose of permitting the lighting from the Major Parcel and the Outparcel to incidentally shine on the Outparcel and the Major Parcel, respectively. The electrical service for all of the lighting on the Outparcel shall be separately metered and billed to the Outparcel Owner. B. Overtime -Lighting. The parties rccognixe that the hours of operation of the businesses located on the Parcels may be different from each other and, accordingly, that an Owner may wish to illuminate the Common Area on a Parcel beyond the hours required under Section 5.3A. Therefore, any Owner shall have the right to require that the Common Area lights on a Parcel be illuminated beyond the hours required under Section 5.3A, provided that such requesting Owner notifies the Owner of the Parcel to be lighted of such request not less than fifteen (15) days in advance. In its notice, the \� requesting Owner shall state the period during which it wishes the lights to be kept on, and the requesting Owner shall pay to the Owner of the Parcel to be lighted the cost of the electricity required'to illuminate such fights beyond the hours required in Section 5.3A within thirty (30) days after receipt of an invoice therefor. 5A Tara wnd Asse3smsnt!- The Outparcel Owner shall pay or cause to be paid, prior to delinquency, all taxes and assessments levied with respect to its Outparcel and the buildings, improvements and any personal property located thereon and owned or leased by the Outparcel Owner. If a tax or, assessment may be paid in installments, the Outparcel Owner may pay such tax or assessment in installments, as and when the same becomes due and payable. Nothing contained in this Seaton 5A shall prevent the Outparcel Owner from contesting, at its sole Cost and expense, any taxes and assessments with respect to its O ulparcel, so long as such contest is prosecuted in good faith and with all due diligence- At the time that such contest is concluded (including any appeal(s) that may be necessary and appropriate), the Outparcel Owner shall promptly pay all such taxes and assessments determined to be owing, together with all interest, penalties and costs thereon. 55 Insurance A. Li ility Ingurgrigg. The Outparcel Owner shall, at its sole I , cost and expense, maintain the following policies of insurance in full force and effect: 1. Commercial general liability insurance with broad form coverage endorsement (including broad form property damage endorsement) insuring against claims an aunt of loss of life, personal injury or property damage that may arise from, or be occasioned by the condition, use or occupancy ❑f the Outparcel Owner's y building, including the Service Facilities on the Outparcel Ovrrids Outparcel, and the Common Areas of the Uutparcel by the Outparcel Owner and its Occupants (the 106666.1211434719 4.1)0C 21 Filial 1 CCRWFedetal Way FebnWY2.1999 19999999081504 PAGE 921 or fill B9NG •C=TMr3WA rrR57 A[iERI� r1CCL � � "Outparcel Owner's Liability insurance'). The insurance required pursuant to this Section 5.5A-1 shall include the following provisions: (i) shall provide that the policy may not be canceled or reduced in amount or coverage below the requirements of this Declaration, without at least thirty (30) days prior written notice by the insurer to each insured and to each additional insured; (ii) shall provide for severability of interests; (iii) shall provide that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage as to the other insureds; (iv) shall provide for contractual liability coverage, naming all other Owners as additional insureds, endorsed to cover said Owner's agreement to indemnify as set out in Section 5.6 below; and (v) shall be primary and non-contributory. The Outparcel Owner agrees to furnish to any other Owner requesting tame a certificate affirming that: (i) such insurance is its full force and effect; (ii) the premiums have been paid in full; (iii) the appropriate parties are designated as additional insureds as required by this Declaration; + (iv) the policy contains any required waiver of subrogation; and (v) such insurance may not be canceled or coverage reduced below the levels required to be maintained hereunder without at least thirty (30) days' prior written notice to all insureds and additional insureds. 2 The Outparcel Owner's Liability Insurance shall be carried by an insurance company or companies qualified to do business in the Stalc in which the Shopping Center is located with a Best's Key Rating Guide Property -Casualty United States rating of at least an A• and a Financial rating of XII, and having limits for bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property, in an amomlt of not less than Five Million and h'oI100 Dollars ($5.000,000-00) combined single limit per occurrence/aggregate, such coverage to be in a commercial general liability form with at least the Following endorsements: (i) deleting any employee exclusion on personal injury coverage; (ii) including coverage for injuries so or caused by employees; (iii) providing for blanket contractual liability coverage (including an Owner's indemnity obligations contained in this Declaration), broad form property damage coverage and products completed operations, owner's protective and personal injury coverage; (iv) providing for coverage oFemployers automobile non -ownership liability; and (v) iFIhe use of an Outparcel includes the sale of alcoholic beverages, including coverage for employer's liability, host liquor liability, liquor liability and so-called "dram shop" liability coverage with a combined single limit of not less than Three Million and Nol100 Dollars (S3.000,000.00) per occurrence- The Outparcel Owner's Liability Insurance shah be 1 ' made on an "occurrence" basis and not on a %lAims made" basis. The insurance referenced in this 5ectien 5.5, may be provided under (i) an individual policy covering this location, (6) a blanket policy or polioies which includes other liabilities, properties and •location s of such punier; so lung as the amount and coverage a insurance required to be carried hereunder is not diminished, or (iii) a combination of the foregoing insurance programs. To the extent any deductible is permitted or allowed as a part of airy insurance policy carried by Lit Outparcel Owner in compliance with this Section 5.5, the Outparcel 106666.12114347 1 94.DOC 22 Final CCR'slFedaal way Febeury 2, 1999 v t9y9ea P�� eUzz Or a 941 �I 2. FIRSt AMMICAM XCL 48 W UI C [01J1T Y. NA ■ aoa ti Owner 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 S25,000.00. B. inaUFAnCe CoverA a D ring Construction. 1. Prior to commencing any construction activities within -the Oulparcel, the Outparcel Owner 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 set forth below: (A) Workers' compensation and employer's liability insurance- (i) Worker's compensation insurance as required by any applicable law or reg;rlation. (ii) Employees liability insurance in the amount of $S,Ooa,oao each accident for bodily injury, $1,000,000 policy limit for bodily injury by disease and $5,000,000 each employee for bodily injury by disease. (13) General liability insurance: . Cotnmemial General Liability insurance covering all operations by or on behalf of the general contractor, which shall inciude the following minimum limits of liability and coverages' (i) Required coverages: a) Premises and operations; b) Products and Completed Operations; c) Contractual Liability, insuring the indemnity obligations assumed by Contractor under the Contract Documents; d) Broad Form Property Damage (including Completed Operations); Underground Hazards; and e) Explosion, Collapse and 0 Personal Injury Liability - (ii) mitimwn limits of liability: 106666.121/434719 4.DOC 23 := CCR'sTedetal Way Final Fdnmy 2, 1999 AG199,90909001504 OF941 PAGE ers of B41 9949,19" tS 29 KING Cr M , LW FIRST A ERICAN DELL 4e EB at. -•ter �=. ",rq;rc s.!s`..n_ � rs"_ y2�Y1S!f��_GS iM� MW 0 i Im -t (for bodily injury and property damage); a) S5,000,000 each occurrence b) $5,000,000 for Personal. Injury Liability, c)-$5;000,-000-- aggregate for - Products and Completed Operations (which shall be maintained for a three (3) year period following final cwmp�etion of the work); applying separately to this Shopping Center. d) S5popoo general aggregate (C) Automobile Liability Insurance: Any 1 automobile liability insurance (bodily injury and properly damage liability) -including coverage for owned, hired, and non -owned automobiles, shall have limits of liability of not less than $1,000,000 combined single limit each accident for bodily injury and property damage combined. The general contractor shall require each of its subcontracturs to include in their liability insurance policies coverage for Automobile Contractual Liability. (D) Umbrella/Excess Liability insurance' The general contractor shall also carry umbrella/excess liability insurance in the amount of $5,000,000. If there is not per project aggregate under the Commercial General Liability policy, the limit shall be S10,000,000. 2. If the construction activity involves the use of another Owner's Parcel, then the Owner of such Parcel shall be an additional insured and such insurance shall provide that the insurance shall not be canceled, or reduced in amount or coverage below the requirements of this Declaration, without at least thirty (30) days' prior written notice to the additional insureds and each additional insured. If such insurance is canceled or expires, then the construction Owner shall immediately stop all work on or use of the other Owners Parcel until either the required insurance is reinstated or replacement ti insurance obtained. The general contractor shall supply each Owner Certificates with 1 respect to all insurance required by this Section 5.5B. 1 r 1 3. Effective upon the commencement of construction of any building on the OuIparcel and so long as such building exists, the Owner shall carry, or cause to be carl-ied, property insurance with "atl-risk" coverage, in the amount of 100% of full insurable replacement cost thereoF(ex cluding footings, foundations or excavations). C. Prgm= Insurause' The Outparc-el Owner of the Outpwcel shall cause to be carried lo0'/o full insurable replacement cost fire and extended coverage "all risk" property insurance on all buildings and improvements (including Common Area 106666.121I434719 4.DOC 24 Final CCRWFcdenl way Febnwy2, 1999 1999090909004 PALL @_4 IF 041 ee29 rc .COLWY- UO FIigT AtIMICN1 ➢ECL 48 fie ;.Y+'�::i�`:: A MA s��. ti� M n- i a ii s 1 improvements) on its Outparcel in amounts at least sufficient to raze and demolish all the buildings and improvements located on the Outparcel. Any such insurance shall otherwise conform to the provisions with respect to insurance contained in Section 5.5. 5.6 tn,t...,�irra[i4n by 4wner�• Each owner shall defend, inch rnrtifll rntl and hold every other Owner and its Perroittees haess for, from and against any and all damages, liabilities, losses, actions, claims, costs and expenses (including reasonable attorneys' fees and court costs and reasonable attorneys' Fees and coon casts an appeal) (i) in connection with the loss of life, personal injury and/or damage to property g from or out of any occurrence in or upon the indemnifying Owner's Parcel, or ocoasioned wholly or in part by any grossly negligent or willful act or omission of the Owner or its occupants; (ii) occurring in the interior of any building constructed on the indemnifying Owner's Parcel, unless caused by the grossly negligent or wi lful act or omission of the indemnified owner or its Perntittees; (iii) in connection with the failure to comply with the provisions of this l7eclaration; (iv) in connector ion with any act ar omission [osuanh tetian its Permittees. if Home Depot sFtail, without fault, be made a party Y � Owner or its Permittees, or if Home Depot shalt, in commenced by or against the Outpsrcel its reasonable discretion deterrnine that it must intervene in Such litigation to protect its interest hereunder, than the Outparcet Owner shall defend Home Depot using attorneys reasonably satisfactory to Home Depot and shall pay all costs, expenses and reasonable attomeye fees and casts to connection with such. litigation. Home Depot shall have the right to engage its own attorneys in connection with any of the provisions of this Section 5-6 or any of the provisions of this Declaration, including, but not limitedcoone of the laws of or intervention by Home Repot, notwithstbnding any contrary p o court decisions of the state in which the Shopping Center is located. i Ii . Each Owner (the "Eicleasing Forty") hereby 5.7 releases and waives for itself, and each Person claiming by, through or under it, each other Owner (the "Released Party') from any liability for any loss or damage to all property of such Releasing Party located upon any portion of the Shopping Center, which loss or damage is of the type covered by the insurance required to be maintained under Sections 5.533.3 and 5,SC above. irrespective either of any negligence on the part of the iteleased ++ Party which may have contributed to or caused such loss, or of the amount of such ly carried, including any deductible or self insurance reserve. insurance required or actual path Owner agrees to use its reasonable efforts to obtain, if needed, appropriate endorsements to its policies of insurance with respect to the foregoing release; pr ovided, however, that failure to cbWn such endorsements shall not affect the release hereinabove given. Each owner (Indemnitar") covenants and agrees to indemnify, defend and hold harmless each other Owner ("lndetnpi(re") from and against. all claims asserted by or through any Persnittees of the lndemaitol's Parcel for any loss or damage to the property of 1 1 such Permittee located upon the indemrutor's Parcel, which loss or damage is covered by the insurance required to be maintained tinder Sections 5.5B.3 and 5-SC above, irrespective z5 fib 106666,1211434719_4.DOC F4w=y I. 19" CCR'rlFtdaal Way p�g� �seOk�sQ �.e9� tics is xr Ksnc cw�{• w Rl� yCCk 49 00 • of a of any negligence on the part of the Indemnitee which may have contributed to or caused such loss. 5.8 Waiv r of u ro ti n. The Owners and Occupants each hereby waive any rights one may have against the other on account of any logs or damage occasioned to an individual Owner or Occupant, or its respective property, either real or persdrt-g arising from any risk generally covered by fire and extended coverage.insurance_- and from any risk covered by insurance thcn in effect. In addition, the Owners and Occupants, for themselves and on behalf of their respective insurance companies, waive any right of subrogation that any insurance company may have against the Owners and Occupants- The foregoing waivers of subrogation shell be operative only so long as available in the State where the Shopping Center is situated and provided further that no policy of insurance is invalidated thereby. ARTICLE6 ENERAI. PR VISt 1SS 6-1 $uccesprs prid Assiguyl Coverignil Running with the )L nd This Declaration shall inure to the, benefit of and be binding upon the Owners of the Shopping Center and the respective portions thereof, their heirs, personal representatives, succcssars and assigns, and each owner 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 accrue during the *ad of such ownership. For purposes of this Agreement, ,Home Depot" shall mean and refer to the owner of the Major Parcel at the time in question. Each term, covenant, condition and agreement contained herein respecting the Major Parcel or the Outparcei shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcel and each part thereof and shall run with the land. 6.2 Term. This Declaration shall be perpetual. 6.3 pefault A- Ngfid Qtjre POW. . In the event any party fails to perform any provision of this Declaration, which failure continues for a period of thirty (30) days after receipt of written notice specifying the particulars of such failure, such failure shall constitute a default under this Dtc)aration and any other party may :hereafter institute legal aclion against the defaulting pasty far specific performance, declaratory or injunctive relief, monetary damages or any other Tern edy provided by law , provided, however, that the defaulting party shall not be deemed to be in default if such failure to perromt Cannot reasonably be rectified within said thirty (30) day period and such party is diligently proceeding to rectify the particulars of such failure. The foregoing shall be in addition to 106W.1211434714 4D C 26 Fled COWFOdeml Way F'eLn:try 2, ;i" 1gg40909e01504 V11 ezc of 9m9 egi??9 IS 29 K1NG Lg1NTY, 14 1Jp NFIRSMAKRICANCL .g Ge .1 1 >R ■ 0 any Other remedies expressly provided for in this Declaration- Each Owner agrees by acquiring a ParameI that the violation Of any of the covenants, conditions or reatrictions in this Declaration may result in damages whiny are difficult or impossible to determine in amount, and therefore equitable remedies to enjoin the violalion hereof may be appropriate. It is expressly agreed that no breach of or default under this Declaration shall entitle any-_ Party to terminate this Declaration, but such limitation slush not affect in any lnsnner any other rights Or remedies which such party may have hereunder or by reason of any breach of or default under this Declaration or at law ar in equity- B- fie_., f H,C. In the event the Oulparcel Owner fails to perform RAY term or provision of this Declaration, then, upon the expiration of the cure period provided in Section 6.3A, and upon an additional ten (10) days' prior written notice (provided, however, that in an emergency no notice shall be required), Home Depot shadl have the right, but not the 0bIigatiOn, to enter upon the Outparcrl of the outparceI Ownerto cure sash default for the account of and at the expense of the Outpalcel owner, unless the Outpars:el fawner commences to cure such default wittlin such ten {14) day period and thereafter diligently pursues such pre- If Home Depot exercises its self-help right, then, Within ten (10) days after receipt of an invoice from Home Depc 1, the Outpareel owner shall reimburse to Home Depot all costs reasonably incurred by Home Depot in curing such default, plus an administrative Fee equal to fifteen perctnt (15%) of such costs- The foregoing shall be in addition to all other remedies provided for in this Declaration or under applicable law. No breach of or default under this Declaration shall entitle a party to terminate this Declaration, bul such limitation shall not affect in any other manner any other rights or remmedies which Such party may have hereunder or al law or in equity. 6-4 Am n m n T trnin i n. !'his 17eclarativn may not he modified or.terminated in any respect whatsoever by the Outparcel owner without the prior written consent of Home depot, home Depot (or any sumessor Owner of the Major Parcel) may modify or terminate this Declaration only with the consent of the Outparcei owner, and then only by written instrument duly executed and acknowledged by the Outparcei Owner, duly recorded in the office of the recorder orthe county in which the Parcels are located. 6-5 I►3.ARWI Uw�,,en. If the Outparcet is owned by more than one Person then all of such persons shall agree among themselves by a 51% majority of Ownership interests and designate in writing to the other parties a single person or entity who is entitled to act as the Outparccl Owner for the Outparcel. If the Owntos OF the Outparcei cannot agree who shall be entitled to act a$ the oulparr'61Owner for the Outparcei, or if the Owners rail to designate the single person or entity who is entitled to act as the "party" for the Outparcel within thirty (30) days after receipt of a request to do so from any other party, then such other parties shali designate one of the Owners to act as the "party" for the Outparcel. 106666.17114 347194.DOC 27 CCR'OF04MMI WV Fiml Fetxnnpz 1999 a+6t O or 0 15 29 ='[l7lCAi yE0. y! kirx LOefFY, Nq • - -tom •.i =-.� 'ry;?o :+...� - Y.•'nil a M 6.6 Nolir - All notices given pursuant to this Declaration shall be in writing and shall be given by personal delivery, or by United States mail (rerdfied, return re,,eipt requested), or by United States express mail or other established express delivery service (such as Federal Express, DHL and United Parcel Service), postage of delivery charges prepaid, addressed to the person and address specified below or, in the absence of such designation, to the person and address shown on the then current real property tax rolls in the county in which -the -Parcels -are -located. Ali notices to Rome.lDepot,_eithtr-in it s. capacity as owner of the Major Parcel or the Outparcel, shall be addressed as follows: Home Depot U.S.A., Inc. 3900 W. C4apman Orange, California 92869 Attn• Real Estate Department _ and Legal Department l � With a copy to: Home Depot U.S.A., Inc. 2455 Paces Ferry Road Atlanta, Georgia 30339 Attn: Vice President, Legal Department Each party may change the person and address to which notices are to be given, upon written notice to the other parties. All notices given pursuant to this Declaration shall be deemed given upon receipt. For the purpose of this Declaration, the term "receipt" shall mean the earliest of any of the following- (i) the date of delivery to the address specified pursuant to this section as shown on the return receipt; (ii) the date of actual receipt by the person or entity specified pursuant to this section, or (iii) in the case of refusal to accept delivery or inability to deliver, the earlier oF(a) the date of the attempted delivery or refusal to accept delivery, (b) the date of the postmark a the return receipt, or (c) the date of receipt of notice of refusal or notice of nondelivery by the sending party. 6.7 Wiliv r. The failure of a patty to insist upon strict performance of any of the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the covenants, conditions and restrictions contained hercin by the same or any other person or entity. 6.8 Ag2MS�„� , vt' Fes. If any party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Declaration, the prevailing party in any such action or proceeding shall be entitled to recover from the lasing party its reasonable costs and attorneys' fees (including casts and attorneys' fees an any appeal)- 106666.121/434719 4.DOC 28 Final go CCR's/Fedetal Way February2,1999 19990909001504 PAM M Or 041 09199:1 "9 15 M KIMG CM"Y. IN FIP.V AMERICM DELL 4806 • M M 6.9 Salca&A IQ& . Notwithstanding anything to the contrary contained in this Declaration, it is expressly agreed that in the event an Owner sells its Parcel to an unaffiliated third party (for purposes of this Section, referred to as "1P_ rime Lem 1) and such Owner thereafter enters into a lease as lessee (for purposes of this Section, referred to as'Pri�w') for all of such Parcel with such Prime Lessor, then far sa_iorrg as Ptime,i.essee is in possession of it __ m perty as lessee,Prime Lessee shall have a]I of the rights and obligations of the Omer ofsuA Parcel, and the outer Owners of the Shopping Center shall look solely to said Prime Lessee for the performance of any obligations said Owner shall have under this Declaration and the Prime Lessor shall be relieved, while said lease is in effect, of any obligation for the performance of or liability under this Declaration set forth herein relating to either the Owner or its Parcel. 6.10 Partial Invlrlidity- If any term or provision of this Declaration or i the application hereof to any person or circumstance shall to any extent be invalid or r unenforceable, then the remainder of this Declaration and the application of such term or provision to other persons or circumstances shall be unaffected thereby, and each term and provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law 6.11 No Partnership: The provisions of this Declaration are not intended to create, nor shall they in any way be interpreted or construed to create, a joint venture, partnership or any other similar relationship between the parties. Each party shall be considered a separate party and no party shall have the right to act as agent for another, unless expressly authorized to do so herein or by separate written instrument signed by the party to be charged. 6.12 C:otions. The captions and headings in this Declaration 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. 6.13 Entire Agreement. This Declaration contains the entire agreement, and supersedes all prior agreements (either oral or written), with respect to the subject matter hereof. 6.14 Interoretailoo. Whenever the context requires in construing the provisions of this Declaration, the use of a gender shall include both genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. The word "including" shall be construed inclusively, and not in limitation, whether or not the words "without Jimltation" or "but not limited to' (or words of similar import) are used with respect thereto. The provisions of this Declaration shall be construed as a whole and not strictly for or against any party. Unless otherwise provided, references to Articles and Sections refer to the Articles and Sections of this Declaradon. 106666.1211434719 4.DOC 29 Fuel CCIt'sTedasl Wry Febnmy 2, 1999 pAGE gn OF 041 50d Puce ez9 of e+s 891M, 9" IS 29 KIMG cp)MTY, UA FIRST XtRICM DELL 48 00 M M M 6.15 Joint and Several. If any party hereto is composed of more than one person or entity, then the obligations of such party shall bejoint and several.. 6.16 RaMin . This Declaration shall be recorded in the office of the recorder of the county in which the Parcels are located. 6.17 limn of Essence; i� - . Mlieure. Time is of the essence vidlh respect to the performance of each obligation of this Declaration. Whenever performance is required by any person or entity hereunder, such person or entity shall use all due diligence to perform and take A 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 other cause beyond the reasonable control of such person or entity, then the time for performance as herein specified shall be extended by the amount of the delay actually so caused. Notwithstanding the foregoing, the provisions of this section shall not operate to excuse any person or entity from the prompt payment of any monies required by this Declaration to be paid. 6.18 Mortgagee Protection. Notwithstanding anything in this Declaration to the contrary, no breach of this Declaration shall defeat or render invalid the lien of any mortgage or deed of cost made in good faith and for value, but this Declaration shall be binding upon and effective against any party hereto whose title is acquired by foreclosure, trustee's sale, deed or conveyance in lieu of foreclosure or otherwise. Notwithstanding anything to the contrary contained in this Declaration, in order to preserve the rights and interests of any "Institutional Lienholder" (as defined below), if a lien is placed an the Outpaicel pursuant to Section 5.2, such lien shall be subordinate and inferior to the lien of any Institutional Lienholder now or hereafter placed upon the Outparcel, except that upon foreclosure (or deed or conveyance in lieu of foreclosure) or ten:fination of the lease under a sale/leaseback by an Institutional Lienholder, any lien recorded pursuant to Section 5.2 prior to such foreclosure or termination, and any post -foreclosure or post - termination lien, shall be and become the obligation of the person or entity acquiring title to the Outparcel by such foreclosure (or deed or conveyance in lieu of foreclosure). In any event, the interest of any Institutional Lienholder in the Outparcel, and any assignee or successor -in -interest of such Institutional Lienholder, shall be subject to all the covenants, terms and conditions contained in this Declaration. As used herein, "lnatitutional Lienholder" means any mortgagee under a mortgage or beneficiary under a deed of trus, or. lessor under a We and leaseback or secured party under any security agreement constituting a lien on the fee or leasehold interest in the Outparcel or any portion thereof, which lienholder is a bank, savings and loan association, insurance company, pension fund, real estate investment trust, credit union or other institutional lender. I OW?rj. 12114347194.DOC 30 Fiea1 CCR'slFedeaal Way Febr my 2, 1999 19990909001504 pact 83e or e41 KING ,Y. M29 r IRST WVMRICA" MCL 48 90 1 6.14 C911strugfign 1F1m . Nothing in this Veclaration stealI limit the right of Home Repot to aher or reconfigure any of the Parcels owned by Home Depot, or to construct such additional improvements as Home Depot deems necessary or advisable. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on the Parcels such structures and displays as may be reasonably necessary for ----- -- — - - — the conduct of the business of disposing of the Parcels by sale, lease or -otherwise...- This __-- Declaration shall not limit the right of Home Depot at any time to establish on the Pareeis additional licenses, reservations and rights -of -way to itself, to uufity Companies, or to others as may from tuns 10 time bs reasonably necessary for the proper devetoprnent and disposal of the Parcels. Home Depot reserves the right to alter its oonstruction plans and designs as it deems appropriate in its discretion. - 620 yarianr". Where appropriate, Home Depot may, in its foie and subjective discretion, grant varianm to the provisions hereof. where strict adherence to the requirements of this Dec ration or any architectural standards established by Home Depot would, in the judpw-nt of Home Depot, m3e undue hardship. 6.21 L4mi n f J ' . Except as specifically provided below. there shall be absolutely no corporate or personal fiaWity of persons or corporations who constitute Home Depot hereunder, including, but not limited to, officers, directors. employees or agents thereof, with respect to any of the terms, covenants. conditions and provisions of this l3whWation. In the event of a default of Home Depot here"er, the Outparcel Owoea shall look solely to the interest of Horne Depot in the Major Parcel for the satisfaction of each and every remedy of the non-defauWmg outparcd Owner, provided, however, the foregoing shall not in any way impair, limit or prejudice the tight of the [outparcel Owner to pursue equitable relief in connection with any term, covenant or condition of this Declaration, including a proceeding for a temporary restraining order, preliminary injunction, permanerrt inNnc,'tion or specific performance. IN WITNESS WHEREOF, THIS DECLARATION HAS BEEN EXECUTED AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. 1 1, l Io6666.12If434719 4:DM CCR70WCrd Wry HOME DEPOT U.S.A., INC., a Delaware corporation q* y Us', Imo' � � � 03 1998 31 Finer Fetruwy 2, 1999 19990909001504 PALE 831 OF e41 89'99C1999 13 29 rtnc corm- 1w MAST A11WCcn rEGL 48 N s::z Mf STATE OF GEORGIA ) ) ss. COUNTY OF Co bb _ ) I certify that I know or have satisfactory evidence that Ld ra �is tt) the pean.who_appeaedxeremeaesonekaweged signed this instrument, on oath stated that the isl> a*e) autfwrizca io sxocuteliie -- ---- - instrument and acknowledged it as the V A6 ,,of Home Depot U.S.A., Inc. to be thla b* free and voluntary act of such parties Far the uses and purposes mentioned in this instrument. DATED: SEP 0 3 MICHElE BOSEMAN-DUCRE Print Name: NOTARY PUBLIC for the State of Georgia, so..„.. residing at AIM � �t� , My appolnhT iy�es: Cog1 i r, }Y:'c•'•-•r i rVfJ C y �� . a i Z 7 � t y� N l 106666.1211434719 4.DOC 32 Fmd CCR'slFodanl Way Fdruuy 2,1999 19990909001504 n 99.99.-I999 Is KING CWMTY. UQ 3j FIRST p1LRICAM DECL 49 N �f ;r..r . _ _ . •" err`-�-�. =.-"� � � �r� - ... Exhibits A Legal Description of Property B Site Plan ".1 i 106666.121/434719 4.DOC 33 FUW Ftkuuy2, IM 1 CCR'v7ck al WZY 033OF919990909001504 racc eas x sI aq.9l=[9ss 13 29 MST Ahmt lW XCI +e SB XIir, in m PARCEL A: i £!G-AL_TIESCRIPTION OF PROPERTY ' THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 8891'40" EAST 33197 FEET ALONG THE NORTH LINE THEREOF; THENCE SOUTH D1 023'53' WEST 33.00 FEET TO THE SOUTH LINE OF THE NORTH 33.DO FEET OP SAID SUBDIVISION AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01°23'S3" WEST 1199 FEFT','O THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50.00 FM; THENCE SOUTHERLY AND SOUTHEASTERLY 39.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45"I10'0 % THENCE SOUTH 43036V7" EAST 120.02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOLTTHWESTI-IAVING A RADWS OF50-DO FEET; THENCE SOUTHEASTERLY AND SOLNTERLY 39-27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45?0G'OD"; THENCE SOUTH 01!33'53' WEST48.92 FEET; THENCE NORTH 33036V7' WEST 107.00 FEET, THENCE SOUTH 01°23'53' WEST 167.00 FEET; THENCE NORTH 88°36'07" WEST 2M.48 FEET TO THE EASTERLY MARGIN OF ENCHANTED PARKWAY (S.R. I61) SAID EASTERLY MARGIN BEING A CURVE CONCAVE EASTERLY, CONCENMC WITH AND $0.00 FEET EASTERLY OF THE SPIRAL CENTERLINE OF SAID ENCHANTED PARKWAY AS SHOWN ON DRAWING PREPARED BY WASHINGTON STATE DEPARTMENT OT TRANSPORTATION TITLED 'SR 161 PIERCE COUNTY LINE TO KITS CORNER,' SKEET 5 OF 5, APPROVED MAY 24. 1918; THENCE ALONG SAID EASTERLY MARGIN THE FOLLOWING TWO COURSES: THENCE SOUTHERLY 128.79 FEET, MORE OR LESS. ALONG SAID CONCENTRIC CURVE, THE CHORD OF WHICH 13EARS SOUTH 00'47'IV WEST 128.79 FEET D15TANT, TO A POTNT OPPOSITE HIGHWAY ENGINEER'S STATION C.S. 147+32-54 AND THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE EAST HAVING A RADIUS OF2.8IS.00 FEET (A RADIAL LIST THROUGH SAID BEGINNING BEARS SOUTH 89°51,39` WEST); THENCE SOU MERCY 296-20 FEET ALONG LAST SA1D CURVE THROUGH A CENTRAL ANGLE OF 03°4911' TO THE NORTH LINE OF THE SOUTH 15 ACRES OF SAID SUBDIVISION; THENCE SOUTH 98036'07" FAST 981.98 FED ALONG LAST SAID NORTH UNE TO THE WESTERLY MARGIN OF INTERSTATE HIGHWAY 5 (STATE HIGHWAY NO. 1) AS DESCRJBED IN DEED RECORDED UNDER KING COUNTY KECORDIING NO- 4994573-. THENCE ALONG SAID WESTERLY MARGM THE FOLLOWING THREE COURSES THENCE NORTH 13°58TO6' EAST 642.01 FEET. THENCE NORTH 76*01'54' WEST 25,DD FEET, I THENCE NORTH 13"58.1 I' EAST 16 9.3 2 FEET TO SAID SOUTH LINE OF THE NORTH 33-00 FEET - THENCE NORTH 89*31'40' WEST 880.19 FEET ALONG SAID SOUTH LINE TO T --TtU£ POINT OF HECI '"G. SITUATE M THE CITY OF FEDERAL WAY. KING COUNTY, WASHINGTON. THE PARCEL DESCRfHED ABOVE CONTAINS 743.875 SQUARE FEET (17.09 ACRES), MORE OR f LESS. 1j Eh'i4iSIT; A` 106666.121434719 4.DOC Final CCR'a/FederW Wey ! Februxy2,1999 19999909MI504 PAGI 034 OF 941 29,09/19" 15 29 KING WiNTY. WA FIRST RfERICWN OECI 48 W