07-100344CITY OF
Federal Way
March 8, 2007
Michael Luna
Sadler/Barnard and Associates, Inc.
717 Stewart
Puyallup, WA 98371
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 #07-100344-00-PC, PREAPPLICATION CONFERENCE SUMMARY
Roesch Military Short Plat, *No Site Address*
Dear Mr. Luna:
Thank you for participating in the preapplication conference with the City of Federal Way's Development
Review Committee (DRC) held February 15, 2007. We hope that the information discussed at that
meeting was helpful in understanding the general requirements for your project as submitted. -
This letter summarizes comments given to you at the meeting by the members of the DRC. The members
who reviewed your project and provided comments include staff from the City's Planning and Building
Divisions and Public Works Department, and representatives from Lakehaven Utility District and South
King Fire and Rescue. Some sections of the Federal Way City Code (FWCC) and relevant information
handouts are enclosed with this letter. Please be advised, this letter does not represent all applicable
codes. In preparing your formal application, please refer to the complete FWCC and other relevant codes
for all additional requirements that may apply to your project.
The key contact for your project is Andy Bergsagel, 253-835-2644,
andy.bergsagel@cityoffederalway.com. For specific technical questions about your project, please contact
the appropriate DRC representative as listed below. Otherwise, any general questions about the
preapplication and permitting process can be referred to your key contact.
PROJECT DESCRIPTION
Subdivide one lot into four lots with storm and road tracts.
MAJOR ISSUES
Outlined below is a summary of the major issues of your project based on the plans and information
submitted for preapplication review. These issues can change due to modifications and revisions in the
plans. These major issues only represent comments that the DRC consider most significant to your project
and do not include the majority of the comments provided. The major issues section is only provided as a
means to highlight critical requirements or issues. Please be sure to read the entire department comments
made in the next section of this letter.
1
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Page 2
March 8, 2007
• Planning Division
1. Your preliminary plat map shows a portion of the site north of Military Road. This northern
area may or may not be considered a separate legal lot of record, since the right-of-way bisects
the site. We will need to see the title report to make a final determination on this matter. If,
upon considering the history in the title report, the City determines that the small northern part
is a separate lot, simply have the King County Assessor's Office segregate the parcel numbers
and do not include the northern part with the short plat application. If the City determines that
the small northern part is not a separate lot, please note that a short plat cannot exceed four lots.
2. A ten -foot -wide landscape tract is required along the arterial road.
• Public Works Development Services Division
1. If the completed project (including the new buildings and roadways) creates over 5,000 square
feet of new impervious area, then flow control (detention) and water quality facilities are
required to be designed and constructed for the project. For short plats, those facilities will be
owned and maintained by the future homeowners.
2. If open -cutting of Military Road South is required to extend utilities to the project site, a full -
width asphalt overlay (or potentially mitigation fees paid to cover the cost of an overlay) may
be required.
• Public Works Traffic Division
1. A Concurrency Application is required for the weekday PM peak hour. The estimated fee for
this application is $315.00. The Concurrency Permit process will determine if any additional
traffic analysis and/or traffic mitigation fees apply to the project. Please see the enclosed
Concurrency handout.
2. Street frontage improvements and right-of-way dedication are required along Military Road.
(See detailed comments.)
3. The current proposal needs to meet access management standards.
South King Fire and Rescue
A new hydrant is required. In lieu of a hydrant, for this project only, all homes (including the garage)
shall be equipped throughout with an automatic fire sprinkler system.
DEPARTMENT COMMENTS
Outlined below are the comments made by the representatives of each department present at the
preapplication conference. Each section should be read thoroughly. If you have questions, please contact
the representative listed for that section.
A link to the Federal Way City Code (FWCC) can be found on-line at www.cityoffederalway.com/MuniCode.
PLANNING DIVISION (Andy Bergsagel, 253-835-2644, andy.bergsagel@cityoffederalway.com)
1. Short Plat Process. Pursuant to FWCC Chapter 20, Article II, Division 5, "Short Subdivision Plats,"
short plat applications (four or fewer lots) are administratively processed through the Department of
Community Development Services under FWCC Section 20-83, et seq. The Director of Community
Development Services will issue a decision on the short subdivision request. After the Department
determines that the application is complete, public notice of the short plat proposal will be prepared
File q07-100344-00.11C' Doc ID 39684
Mr. Luna
Page 3
March 8, 2007
(FWCC Section 20-90), and a 14-day public comment period will be provided. For a short plat there
is not a mailing to the property owners in the vicinity, unless critical areas are involved. No public
hearing is required, unless there is an appeal of the Director's decision. A master land use
application, short plat handout, and code sections are enclosed.
2. SEPA (State Environmental Policy Act). Short plats are exempt from SEPA review (unless there are
critical areas).
3. Fees. The 2007 fee for a short plat application is $2,191.50 (for four lots or fewer). Additional utility
fees, school impact fees, and engineering plan review fees may apply. The 2007 school mitigation
fee for a single-family residence is $3,169 per unit. The school mitigation fees will be collected at
the time of individual building permit applications.
4. Lot Size. The zoning for the subject site is Residential Single -Family, RS-9.6. Minimum lot size for
all lots is 9,600 square feet. Should public right-of-way be dedicated to the City as part of this short
plat, the affected area will not be included in the lot sizes. As depicted, it appears that your proposal
satisfies the minimum lot size requirements, but it is possible that you will lose at least one lot since
you must provide a ten -foot -wide landscape tract along an arterial roadway, and you must dedicate
right-of-way (as described below in the Public Works comments). Lot closure calculations are
required and must match the square footage shown on the short plat map.
Design Criteria. Pursuant to FWCC Section 20-152, all lots should be of ample dimensions to
provide a regular -shaped building area that meets required setbacks, and all lots should be designed
to provide access for emergency apparatus. Currently (February 2007) the Code states that lots
should abut a public street right-of-way; however, it is likely that the City Council will soon adopt
road standards (in the next few months) to allow private easements to lots.
6. Setbacks and Lot Coverage. Future structures must conform to the following structural setback
requirements of FWCC Section 22-631, "Detached Dwelling Units": 20-foot front yard, 5-foot side
yard, and 5-foot rear yard. The 20-foot front setback is from the street or access point. Lot coverage
for residential uses is limited to 60 percent and includes all impervious surfaces such as driveways,
walkways, patios, and roof overhangs.
7. Driveways. Please be aware that driveways must meet a five-foot setback from side property lines
for the area within the 20-foot front yard setback (per FWCC 22-1135). (This does not apply to the
access portion of flag lots or driveways in private access tracts.)
8. Building Height. Single-family detached structures are allowed to a height of 30 feet. (Refer to
FWCC Section 22-1 for definitions of "average building elevation" and "height of structure.")
Enclosed you will find a height measurement diagram.
9. Open Space. The City has determined that the open space requirements of FWCC Section 20-155 do
not apply to short plat applications. As such, no open space is required for a short plat application.
10. Critical Areas. The City of Federal Way Critical Area Map shows a Category II wetland near the
edge of the portion of the tax parcel which is north of Military Road. A Category 11 wetland requires
a 100-foot buffer unless dispensation is granted, per the Critical Areas Article. However, as
mentioned above, the northern portion of.the parcel might be segregated as a separate tax parcel and
Doc ID 39634
Pile'07-100344-00-PC
Mr. Luna
Page 4
March 8, 2007
not included as part of the site for this short plat application, dependent upon the City's review of the
title report. With no regulated wetlands or associated buffers on your site, the project would not
require environmental (SEPA) review. In this particular case, if the wetland buffer is not affected by
the development since it is on the other side of Military Road, SEPA/Critical Area review would not
be required.
Your site is not located within a wellhead protection zone, so no "Hazardous Materials Inventory
Statement" checklist is required.
11. Significant Trees, Landscaping, Vegetation, and Grading.
• A landscape plan is required, pursuant to FWCC 20-186. The clearing limits must be shown on
the landscape plan.
• During the short plat or full subdivision process, existing significant trees should be retained to
the maximum extent possible, except for those which will be removed for improvements or
grading as shown on approved engineering plans. Preservation of significant trees, pursuant to
FWCC Section 22-1568, shall apply at the time that each building permit is applied for.
However, as part of the short plat application, you must include a significant tree survey, if
there are any such trees on the site; this may be part of the landscape plan. Please list the
species and diameter of the trees. Some species are not considered "significant" trees. (Refer to
the code for specifics.)
• A 10-foot-wide landscaped buffer is required along the arterial (FWCC Sections 20-178); it
must be a separate landscape tract.
• A stormwater tract should have a vegetative screen (at least a five -foot -wide strip of
landscaping around it, within the stormwater tract).
12. Final Short Plat Process. There is not an official "final short plat" application form or fee. After the
short plat infrastructure is installed, the applicant will submit the final short plat drawings for review.
Upon approval of these drawings (and any conditions of approval), staff of the City will inform you
of the King County recording fee. Upon receiving the .fee from you, City staff will record the final
short plat mylar with King County.
13. As mentioned above as a major issue, your preliminary plat map shows a portion of the site north of
Military Road. This northern lot may or may not be considered a separate buildable lot, since the
right-of-way intersects the site. We would like to see a title report to make a determination. Please
submit a title report for a determination. If, upon considering the title report, the City determines that
the small northern part is a separate lot, simply have the King County Assessor's Office segregate
the parcel numbers and do not include the northern part with the short plat application.
If the City determines that it is a single lot, then you have the option of doing a boundary line
adjustment to give that northern part to an adjacent parcel. The BLA would be a separate application
with a separate fee, to be approved prior to approval of a short plat for the portion south of Military
Road.
14. Miscellaneous. Please label all lots as Lot 1, Lot 2, etc. Label the Stormwater Tract as Tract A and
the Landscape Tract as Tract B.
File #07-100344-00-PC Doc I D 39684
Mr. Luna
Page 5
March 8, 2007
PUBLIC WORKS DEVELOPMENT SERVICES DIVISION (Kevin Peterson, 253-835-2734,
kevin.peterson@cityoffederalway.com)
Land Use Issues — Stormwater
Surface water runoff control and water quality treatment will be required per the 1998 King County
Surface Water Design Manual (KCSWDM) and the City of Federal Way Addendum to the 1998
KCSWDM. This project meets the requirements for a Full Drainage Review. At the time of
preliminary short plat submittal, a preliminary Technical Information Report (TIR), addressing the
relevance of the project to the eight core and five special requirements of the KCSWDM will be
required.
2. A Level 1 downstream analysis shall also be provided in the preliminary TIR. Based on the findings
in the downstream analysis, the city may require additional analysis. The City has 1 " = 100', five-
foot contour planimetric maps that may be used for basin analysis.
3. The project lies within a Level 5 flow control area, thus the applicant must design the flow control
facility to meet this performance criteria. The project also lies within a Basic -Water Quality Area.
Water Quality Treatment shall be designed to meet the treatment criteria of the Basic Water Quality
Menu.
4. If infiltration is proposed, soil logs prepared by a licensed geotechnical engineer or septic designer
must be provided to verify infiltration suitability. If the on -site soils support infiltration, and the
future buildings were to utilize infiltration for the roof downspouts, the engineer may be able to
reduce the size of the detention facility, based on the reduction of the roof areas from the detention
pond sizing calculations.
5. Detention and water quality facilities for short plats outside the City Center Core must be above
ground (i.e. open pond). Underground facilities are allowed only with approval from the City of
Federal Way Stormwater Management Division. The detention/water quality facility cannot be
located in a tract that is separate from the short plat.
6. Show the proposed location and dimensions of the detention and water quality facilities on the
preliminary plans.
7. If more than one acre will be disturbed during construction, a National Pollutant Discharge
Elimination System (NPDES) permit may be required. Information regarding this permit can be
obtained from the Washington State Department of Ecology at
http://www.ecy.wa.gov/programs/sea/pac/index.html, or by calling 360-407-6437.
Right -of -Way Improvements
See the Traffic Division comments from Soma Chattopadhyay, Traffic Engineer, for traffic related
items.
2. If dedication of additional right-of-way is required to install street frontage improvements, the
dedication shall be conveyed to the City through a statutory warranty deed. The dedicated area must
have clear title prior to recording.
File P07-100344-00-PC - Dnc ID 39684
Mr. Luna
Page 6
March 8, 2007
3. All stormwater treatment and detention requirements outlined above will be applied to new
impervious area within the public right-of-way.
4. FWCC Section 22-1543 requires that driveways serving residential uses may not be located closer
than 25 feet to any street intersection. Lots and intersections within new subdivisions or short plats
must be designed to meet this standard.
Engineering (EN) Permit Issues
Engineered plans are required for clearing, grading, road construction, and utility work. Plans must
be reviewed and approved by the City. Engineering review fees are $753.00 for the first 12 hours of
review, and $63 per hour for additional review time. A final TIR shall be prepared for the project
and submitted with the engineering plans. Both the TIR and the plans will require the signature/seal
of a professional engineer registered/licensed in the State of Washington.
2. In addition to engineering approval, short plats and subdivisions are required to obtain a separate
permit for grading. Details and fees may be obtained from the Federal Way Building Department.
3. The Federal Way Development Standards Manual (including standard detail drawings, standard
notes, and engineering checklists) is available on the City's website at www.cityoffederalway.com to
assist the applicant's engineer in preparing the plans and TIR.
4. The applicant shall provide a geotechnical report that addresses design pavement thickness for the
roadways.
Bonding is required for all improvements associated with the project. The bond amount shall be 120
percent of the estimated costs of the improvements. An administrative fee deposit will need to
accompany the bond to cover any possible legal fees in the event the bond must be called. Upon
completion of the installation of the improvements, and final approval of the Public Works
Inspector, the bond will be reduced to 30 percent of the original amount and held for a two-year
maintenance period.
6. The developer will be responsible for the maintenance of all storm drainage facilities (including the
detention and water quality facilities) and street systems during the two-year maintenance period.
During that time, the Public Works Inspector will make periodic visits to the site to ensure the
developer's compliance with the maintenance requirements. Upon satisfactory completion of the
two-year maintenance period, the remainder of the bond will be released. Maintenance for public
roads and subdivision drainage facilities then become the responsibility of the City. Maintenance for
private roads and drainage facilities, including short plats, remain the. responsibility of the individual
property owners.
7. When topographic survey information is shown on the plans, the vertical datum block shall include
the phrase "DATUM: N.G.V.D.-29" or "DATUM: K.C.A.S.," on all sheets where vertical elevations
are called out.
Drawings submitted for plan review shall be printed on 24" x 36" or 22" x 34" paper. All final
approved drawings shall be drafted/plotted on 24" x 3 6 " or 22" x 34" mylar sheet with permanent
black ink. Site plans shall be drawn at a scale of 1"= 20', or larger. Architectural scales are not
permitted on engineering plans.
File n07-IOU344-00-PC Doc ID 39684
Mr. Luna
Page 7
March 8, 2007
9. Provide cut and fill quantities on the clearing and grading plan. Erosion control measures, per
Appendix D, 1998 KCSWDM, must be shown on the engineering plans.
10. The site plan shall show the location of any existing and proposed utilities in the areas affected by
construction.
PUBLIC WORKS TRAFFIC DIVISION (Soma Chattopadhyay, 253-835-2745,
soma.chattopadhyay@cityoffederalway.com)
Transportation Impact Analysis
1. The City has adopted new policies for traffic analysis and mitigation requirements effective January
1, 2007. A Concurrency Application is required for the weekday PM peak hour. Based on four
single-family lots, the estimated fee for this application is $315.00. The Concurrency Permit process
will determine if any additional traffic analysis and/or traffic mitigation fees apply to the project.
The applicant would be expected to contribute pro-rata shares toward TIP projects impacted by one
or more peak hour trips.
Street Frontage Improvements
2. Per FWCC Section 22-1474, the applicant/owner would be expected to construct half or full street
improvements consistent with the planned roadway cross -sections as shown in Map III-6 of the
FWCP and Capital Improvement Program (CIP) shown as Table III-19. Based on the analysis and
FWCC, the applicant would be expected to construct half or full street improvements on the
following street:
Military Road South is a proposed Type G street, consisting of five lanes and bike lanes, 66 feet
wide with curb and gutter, six feet planter strips, eight feet sidewalks and three feet utility strips
on both sides. The width of the right-of-way is 100 feet. Each side of the street which is
developed will require an additional 20 feet of ROW to be dedicated to the City for street
improvement.
Per FWCC Section 22-1477, the applicant may make a written request to the Public Works Director
to modify, defer, or waive the required street improvements.
Access and Traffic Circulation
4. Per FWCC section 22-1543, if a single-family house is located on the northwest side of Military
Road South, access should be shared with the church.
Access management standards are based on roadway safety and capacity requirements. FWCC
Section 22-1543 provides access standards for streets based on planned roadway cross -sections.
Please note that access classifications are per Drawing 3-1A in the Public Works Development
Standards.
Other Comments
6. A Hammerhead turnaround may be used with minimum dimensions shown in Drg. No. 3-46 in City
of Federal Way Public Works Development Standards.
Fil, 1417-100344.00-PC Doi ID 396S4
Mr. Luna
Page 8
March 8, 2007
Please utilize roadway cross-section Z for Cul-de-sac terminus dimensions (53-foot radius) or as
approved by the Fire Department.
BUILDING DIVISION (Scott Sproul, 253-835-2633, scott.sproul@cityoffederalway.com)
No comments were provided from the Building Division.
LAKEHAVEN UTILITY DISTRICT (Brian Asbury, 253-946-5407, basbury@lakehaven.org)
Enclosed you will find Lakehaven's map of facilities for the area in question.
Water
• This property is located within the water service area boundary of the Highline Water District
(HWD). Applicant previously obtained correspondence from Lakehaven, dated 11/16/06, confirming
that Lakehaven can provide domestic water service only. However, that previous correspondence
also confirmed that Lakehaven cannot provide any fire suppresion service to the subject property.
Preliminary review comments provided by SKF&R indicated that a new, additional hydrant would
be required for the development. Therefore, applicant will need to coordinate any necessary water
mainline facility/hydrant construction with HWD.
Water service connection for the proposed single-family residence will be allowed under
Lakehaven's "Temporary Service Policy". Such service connections would be subject to owner's
acquisition of the necessary private water easement on adjacent property and payment of earlycomer
charges assessed with each separate water meter application. Where future, permanent public
facilities would be located across private property, including owner's property, the owner shall
procure and/or convey all easements for the construction and operation/maintenance of the
permanent facilities in locations and on forms approved by Lakehaven.
Sewer
In lieu of the requirement for a developer extension agreement, sewer service connections for the
proposed single-family residences will be allowed under Lakehaven's "Temporary Service Policy". Such
connections would be subject to owner's acquisition of the necessary private sewer easement on adjacent
property and payment of earlycomer charges assessed with each sewer service connection permit. Where
future, permanent public facilities would be located across private property, including owner's property,
the owner shall procure and/or convey all easements for the construction and operation/maintenance of
the permanent facilities in locations and on forms approved by Lakehaven.
General
• Lakehaven's Capital Facilities Charges are calculated on the basis of Equivalent Residential Units
(ERU). Residential equivalency for single-family use is calculated as 1.0 ERU per unit. Lakehaven's
2007 Capital Facilities Charges are $3,196/ERU for water and $2,768/ERU for sewer.
All comments herein are valid for one (1) year and are based on the proposal(s) submitted and
Lakehaven's current regulations and policies. Any change to either the development proposal(s) or
Lakehaven's regulations and policies may affect the above comments accordingly.
File P07-)00344-00-PC Doc In 39oS4
Mr. Luna
Page 9
March 8, 2007
SOUTH KING FIRE AND RESCUE (Chris Ingham, 253-946-7244, chris.ingham@southkingfire.org)
Water Supplies for Fire Protection
A new hydrant is required. In lieu of a hydrant, for this project only, all homes (including the garage) shall
be equipped throughout with an automatic fire sprinkler system.
The system demand pressure (to the source) required in a hydraulically designed automatic fire sprinkler
system shall be at least 10 percent less than the correlative water supply curve pressure.
CLOSING
This letter reflects the information provided at the preapplication meeting and is intended to assist you in
preparing plans and materials for formal application. We hope you found the comments useful to your
project. We have made every effort to identify major issues to eliminate surprises during the City's
review of the formal application. The completion of the preapplication process in the content of this letter
does not vest any future project application. Comments in this letter are only valid for one year as per
FWCC Section 22-1657.
As you know, this is a preliminary review only and does not take the place of the full review that will
follow submission of a formal application. Comments provided in this letter are based on preapplication
materials submitted.
Modifications and revisions to the project as presented for this preapplication may influence and modify
information regarding development requirements outlined above. In addition to this preapplication letter,
please examine the complete FWCC and other relevant codes carefully. Requirements that are found in
the codes that are not addressed in this letter are still required for your project.
If you have questions about an individual comment, please contact the appropriate department
representative noted above. Any general questions can be directed towards the key project contact, Andy
Bergsagel, 253-835-264.4. We look forward to working with you.
Sincerely,
Andy Bergsagel ��J]
Planner
enc: Master Land Use Application
Short Plat Handout
FWCC Chapter 20, Subdivisions
Height measurement diagram
Concurrency Handout
Lakehaven map of facilities for the area
c: Owner: Mike Roesch, 12321 27th Street East, Edgewood, WA 98372
Soma Chattopadhyay, Public Works Traffic Engineering
Kevin Peterson, Public Works Development Services
Scott Sproul, Acting Building Official
Chris Ingham, South King Fire
Brian Asbury, Lakehaven Utility District
File P07-100344-00-P(. Doc ID 39684
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Commitment for Title Insurance
Fidelity National TYtle Insurance Company
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COMMITMENT FOR TITLE INSURANCE Kaict,',kZ� 3 _ 3 3 �2_ - 5 t., V_v
FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor
of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in
the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject
to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be validor binding until countersignedby an
authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid
when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This
Commitment is effective as of the date shown in Schedule A as "Effective Date."
FicWityNational TitieimwranceCc mpiany
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Valid Only if Schedule A and B are Attached
The conditions of this commitment require that the premium and charges be paid prior to the issuance of the title policy(s). Therefore, no policy(s) will be issued
until the charges have been remitted to the issuing agent.
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Fidelity National Title Company of W shim; ton
0-
Underwritten by Fidelity National Title Insurance Company
3500 188th St. SW, Suite 300
Lynnwood, WA 98037
(425) 771-3031 / (425) 640-3500 Fax No. (425) 670-2109
Direct Line: (425) 640-3500
Toll Free: 1-800-776-3021
Unit: 9 TITLE ORDER NUMBER: 9-2006062374
TO: Fidelity National Title C UNIT: Bill Fisher, Senior Title Officer
email: bfisher@fnf.com
phone: (425) 771-3031 x 500
11201 88TH AVENUE E, STE 210
PUYALLUP, WA 98373
Attn :
Your Number:
Reference Name: ROESCH
TITLE ORDER NUMBER: 9-2006062374
Report
A.L.T.A. COMMITMENT
SCHEDULE A
Commitment Effective Date: June 27, 2006 a[ 08:00 AM
1. Policy (or Policies) to be issued: Policy Amount
Owner's Policy ( ALTA Owner's Policy (10/17/92)) $ 145,500.00
Proposed Insured: Premium: $ 700.00
MICHAEL L. ROESCH Tax: $ 62.30
Loan Policy ( ALTA Loan Policy (10/17/92)) $ 130,950.00
Proposed Insured: Premium: $ 351.00
ENCORE MORTGAGE COMPANY, its successors and/or Tax: $ 31.24
assigns as their respective interests may appear.
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:
CARRIE WHITMAN-LUCKE and MITCHELL WHITMAN and BRETT WHITMAN as their respective separate
estates
4. The land referred to in this Commitment is situated in the County of KING, State of Washington, and is
described as follows:
See Attached
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON
Title Order Number: 9-2006062374
LEGAL DESCRIPTION
THAT PORTION -OF THE SOUTHWEST QUARTER OF GOVERNMENT LOT 2 LAYING WESTERLY
OF INTERSTATE HIGHWAY 5; IN SECTION 33,TOWNSHIP 22 RANGE 4 E W.M. IN KING COUNTY.
EXCEPT THAT PORTION THEREOF CONVEYED_ TO THE STATE OF WASHINGTON BE DEED
RECORDED UNDER RECORDING NUMBER(4986688;AND EXCEPT THAT PORTION THERE O
CONVEYED TO KING COUNTY BY DEED RECORDEDI\._UNDER RECORDING NUMBER 850508897
L2
�� � ��
This property is located in KING county.
Recording to be delivered to:
Fidelity National Title Co., 720 Olive Way #515, Seattle, WA 98101
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON
ALTA Commitment, Page 3 of 7
Title Order Number: 9-2006062374
SCHEDULE B
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.
B. GENERAL EXCEPTIONS:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the public record.
Proceeding by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a
correct survey would disclose, and which are not shown by the public records.
5. (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, whether or not the matters excepted under (a), (b) or (c)
are shown by the public records (d) Indian tribal codes or regulations, Indian treaty or aboriginal rights,
including easements or equitable servitude.
6. Any lien, or right to a lien, for services, labor or materials theretofore or hereafter furnished, imposed by
law and not shown by the public records.
7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or
garbage removal.
8. 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.
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON
ALTA Commitment, Page 4 of 7
Title Order Number: 9-2006062374
SPECIAL EXCEPTIONS
Lien of any real estate excise sales tax upon any sale of said property if unpaid. The subject property is
located in
the City of Federal Way, King County. The excise tax rate is 1.78%.
2. DELINQUENT TAXES:
Year:
Amount Billed:
Amount Paid:
Amount Due:
Tax Account No.:
Levy Code:
Value of Land:
2006
$512.49
$0
$543.23, plus interest and penalties
332204921206
1199
$43,000.00
To expedite payment of your taxes, you may mail the payment direct to:
King County Treasurer
500 4th Ave, Room 600
Seattle, WA 98104
Potential supplemental assessment for general taxes in the current year or prior years on omitted
improvements. The subject premises appear on the 2006 tax rolls assessed on the value of the land.
4. THE EFFECT OF THE DEED PLUS NOTE:
GRANTOR: JAMES C. COUSNARD
GRANTEE: R.ROY ABBETT AND MITCHELLE J RODGES
RECORDED: SEPTEMBER 13,1993
RECORDING NUMBER 9309131193
To provide an Extended Coverage Lenders Policy, General Exceptions 1, 5 and 7 are hereby deleted.
General Exceptions 2, 3, 4, 6 and 8 will be considered when our Inspection and/or Survey, if required, is
completed.
A Supplemental Report will follow.
We will inform you later whether the 100 Endorsement will issue with the forthcoming lenders policy.
6. EASEMENT AND CONDITIONS CONTAINED THEREIN, AS GRANTED/RESERVED/
DISCLOSED/CONTAINED BY INSTRUMENT:
Recorded: August 7, 1924
Recording No.: 1901225
In Favor Of: The Pacific Telephone and Telegraph Company
Purpose: Pole Line Right of Way
Affects: The description contained therein is not sufficient to determine it's exact location
within the property herein described
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON
ALTA Commitment, Page 5 of 7
Title Order Number: 9-2006062374
7. Relinquishment of rights of access to and from the State Highway, and of light, view and air, under the
terms of the deed to the State of Washington
Recorded: January 16, 1959
Recording No.: 4986688
8. RESERVATIONS AND/OR EXCEPTIONS CONTAINED IN INSTRUMENT:
From: Carolyn A. Krohn
Recorded: June 4, 1963
Recording No.: 5591822
As Follows: Reservation of all coal and minerals and the right to explore for and mine the same
9. Covenant to bear equal share of the cost of construction, maintenance or repair of EASEMENT
GRANTED OVER ADJACENT PROPERTY, easement for which was granted over other lands, by
instrument
Recording No.: 5918710
Purpose: Water pipeline
10. Relinquishment of rights of access to and from the State Highway, and of light, view and air, under the
terms of the deed to the State of Washington
Recorded: September 8, 1995
Recording No.: 9509090369
11. CITY OF FEDERAL WAY LOCAL IMPROVEMENT DISTRICT WAVIER OF PROTEST COVENANT, AND
THE TERMS AND CONDITIONS THEREOF:
Recorded: September 8, 1995
Recording No. 9509080369
12. QUESTION OF THE EXISTENCE OF AN "AUTOMATIC HOMESTEAD": If the subject property is or will
be the residence of a marital community, even though the interest therein may be intended to be held as a
separate or community interest, execution of the proposed conveyance, contract to convey, or
encumbrance must be by both husband and wife by reason of RCW 6.13 which provides for "automatic
homestead." EXECUTION UNDER A POWER OF ATTORNEY WILL NOT PROVE ACCEPTABLE
UNLESS FIRST APPROVED BY THIS COMPANY.
END OF EXCEPTIONS
NOTE 1:
The legal description shown in Schedule A was determined from the property address provided at the time
of application. The description should be examined and approved by all the parties to this transaction
prior to closing.
NOTE 2:
The following documents were recorded in the last 24 months
QCD
Dated 03/09/1990
Recording No(s): 9003061825
NOTE 3:
The address of the property is:
277XX MILITARY ROAD SOUTH
FEDERAL WAY, WA 98003
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON
ALTA Commitment, Page 6 of 7
Title Order Number: 9-2006062374
NOTE 4
Examination of the records discloses no judgments or other matters pending against the name(s) of
Roesch, the proposed insured.
NOTE 5:
Examination of the records discloses no judgments or other matters pending against the name of the
vested owner.
END OF NOTES
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON
ALTA Commitment, Page 7 of 7
Title Order Number: 9-2006062374
In the event this transaction fails to close and this Commitment is canceled, a fee will be charged to comply with
the State insurance Code and the filed Schedule of this Company.
The sketch attached is provided as a courtesy on#y by Fidelity National Title Company of Washington, without
charge, for your information. It is not intended to be a Survey or to show all matters relating to the property
(including, but not limited to area, dimensions, easements, encroachments or locations of boundaries). It is not a
part of, nor does it modify, the Title Commitment or Policy to which it is attached. The Company assumes NO
LIABILITY for the correctness of any matter related to this sketch. Reference should be made to an accurate
survey for further information.
July 10, 2006
djc/php
cc:
Fidelity National Title Company
MICHAEL L. ROESCH
CARRIE WHITMAN-LUCKE, MITCHELL WHITMAN, and BRETT WHITMAN
LANDMAN INC. KIM HENDERSON
A. KALCHIK REALTY JOHN TROUPE
ENCORE MORTGAGE COMPANY - FEDERAL WAY TAMMIE NUDO
THANK YOU FOR YOUR ORDER
IF WE MAY BE OF FURTHER ASSISTANCE, PLEASE GIVE US A CALL
Order: 9-2006062374
Fidelity National Financial Group of Companies' PrivacyStatement
July 1, 2001
We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we
serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from
time to time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by us, our affiliates, or others;
• From our internet web sites;
• From the public records maintained by governmental entities that we either obtain directly from those
entities, or from our affiliates or others; and
• From consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal information only to those employees who need such access in
connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We also may disclose your Personal Information:
• to agents, brokers or representatives to -provide you with services you have requested;
• to third -party contractors or service providers who provide services or perform marketing or other
functions on our behalf; and
• to others with whom we enter into joint marketing agreements for products or services that we believe
you may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by
law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information
when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our
rights arising out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain.
Such documents may contain your Personal Information.
Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a
reasonable fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
4050 Calle REal, Suite 220
Santa Barbara, CA 93110
Multiple Products or Services
If we provide you with more than one financial product or service, you may receive more than one privacy notice from us.
We apologize for any inconvenience this may cause you.
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CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT REVIEW COMMITTEE
Preapplication Conference Sign In Sheet
Project Name: E- -5G c ar ►nvr� �a�
Address: �CLA t-6 S 6
File # — l o o . `1" — o
Date: Fi-� r u a, 20 (]
NAME REPRESENTING TELEPHONE NumBER
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Page 1 of 1
Andy Bergsagel - Re: Case law for lot split by a ROW
From:
AmyJo Pearsall
To:
Andy Bergsagel
Date:
2/13/2007 6:00 PM
Subject: Re: Case law for lot split by a ROW
Andy,
I need to know the context of your question or need to know the source of your information. From the limited
research I have done, if you have a large parcel, and a road is present down the middle of that parcel, case law
indicates that the result is not two new legal lots. On the contrary, case law indicates that any division of land
must comply with our city's subdivision code and Chapter 58.17 RCW. (Chelan Coun , v. Nykreim, 105
Wash. pp. at 350,, 20 P.3d 416, one large parcel divided by road and large stream did not create three new
lots; overturned on different grounds.)
Perhaps an occassion could arise that makes it seem like the placement of the road in the middle of a larger
parcel is creating two parcels, but there may be some other process that is occurring that acutally creates the
new lots. Sounds like we need to talk more.
Amy Jo
>>> Andy Bergsagel 2/12/2007 6:27:48 PM >>>
AmyJo:
Apparently there is a case law that says that a lot split by a road becomes two legal lots. (That is how we
handle it here.) Do you know if this is based on case law or is it something in the WAC or--? If it is case law,
what is the name of the case?
Thanks,
Andy Bergsagel , f
Planner
City of Federal Way
33325 8th Avenue S.
P.O. Box 9718
Federal Way, WA 98063
253-835-2644 Phone
253-835-2609 Fax
andy.bergsagel@cit ofL ralway.cam
file://C:\Documents and Settings\default\Local Settings\Temp\GW}00001.HTM 2/13/2007
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: January 29, 2007
TO: Will Appleton, Development Services Manager
- Development Services
- Traffic
Scott Sproul, Assistant Building Official
Brian Asbury, Lakehaven Utility District
Chris Ingham, Federal Way Fire Department
FROM: Andy Bergsagel
FOR DRC MTG. ON: February 8, 2007- Internal
9:00 a.m., February 9, 2007 - with applicant
FILE NUMBER(s): 07-100344-00-PC
RELATED FILE NOS.: None
PROJECT NAME: ROESCH MILITARY SHORT PLAT
PROJECT ADDRESS: *NO SITE ADDRESS*
ZONING DISTRICT: RS 9.6
PROJECT DESCRIPTION: Subdivide one lot into four lots with storm and road
tracts.
LAND USE PERMITS: Future Preliminary Plat, SEPA
PROJECT CONTACT: MICHAEL LUNA
SADLER/BARNARD AND ASSOCIATES, INC.
717 WEST STEWART
Puyallup, WA 98371
253-848-5170
MATERIALS SUBMITTED: Preliminary Plat conceptual drawing
A�k
CITY
Way
January 30, 2007
Mr. Michael Luna
Sadler/Barnard and Associates, Inc.
717 West Stewart
Puyallup, WA 98371
CITY HALL
33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
Re: File #07-100344-00-PC; NOTICE OF DATE OF PREAPPLICATION CONFERENCE
Roesch Military Short Plat; No Site Address, Federal Way
Dear Mr. Luna:
The above -referenced proposal has been assigned to me as project planner. At this time, the
application has been routed to the members of the Development Review Committee. A meeting
with the project applicant and committee has been scheduled as follows:
9 a.m., Thursday, February 15, 2007
Hylebos Conference Room
City Hall, 2"d Floor
33325 81h Avenue South
Federal Way, WA 98003
We look forward to meeting with you. Let me know if you will have more than five people
attending the preapplication meeting so we can make arrangements for a larger room. This is the
only notice sent out, so please coordinate directly with anyone else you would like to attend the
meeting. Please contact me at 253-835-2644, or andy.bergsagel@cityoffederalway.com, if you
have any questions.
Sincerely,
Andy Bergsagel
Associate Planner
Doc I D. 39555
Ak RECEIVED
CITY OF .�AN 2 32007
Federal Way 0ITr®F F.
DERAL BUILDING DEPT►NAIf
MASTER LAND USE APPLICATION
DEPARTi'tEN'r OF Co-rnrt:NrrvDP..VEI.oPME.,N'r SF.RvICE;S
33325 8"' Avenue South
PO Box 9718
Federal Way WA 98063-9718
253-835-2607:Fax 253-835-2609
Www.ci atf'ederalwa►+.cotn
ArvrrrATrnNNo(g) r)--7- Irf)-?)'-W-CC — Date /-07 3 0 -7
Project Name C.1=I f171G� I u r��fc' ��!
Property Address/Location .•/ T dX �l1� n a'T�l�/7 fa+ C,I _f-At + -F SZe%&1349 9: ✓ire 7,4p'
Parcel Number(s) .1-3320 9 ,
Project Description -7(,/ 8 16 X V 1 1� c X o F 1 n
PLEASE PRLNT
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
-_tX- Preapplication Conference
Process I (Director-s Approval)
Process II (Site Plan Review)
Process III (Project Approval)
Process IV (Hearing Examiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SEPA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
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Applicant '
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Name: ,Sf1J��%�1��✓?%V�9.'z�r r7 5C>C. - -vG
Address: 717 y`��-5�.�:;>,; ;
City/state: e7v'v'01- L tJp it//9
Zip: C(' ? 3 7 /
Phone; �2 7-3 • Y ly'Br -
Fax: --3=/9-Y,?��
Email:
Signature:
Agent (if different than Applicant)
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
Signature:
Owner EA; ; .k<<
Name: 1n I G 4-c- tL V_0A:_:_5c_ t
Address: 1 Z 3 Z I Z 7 7" ST
City/State: -Ei���L rJ0C7L7 9O 7 Z
Zip:
Phone: 5-- 0 5" Z 7—
Fax:
Email: �� O r �i.� Go v✓I
Signature. -
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k:\Handouts\Master Land Use Application