Loading...
16-105108,zt'4g,k,. Federal Way October 26, 2016 Washington State Department of Revenue Forest Tax Section PO Box 47472 Olympia, WA 98504-7472 Re: File #16-105108-00-AD; FOREST PRACTICES CLASS IV -GENERAL Pacific Heights Subdivision, Federal Way, WA King County Tax Parcels 332204-9221 and 720540-0130 Dear DOR Representative: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwcliyoffederalway. com Jim Ferrell, Mayor Please find enclosed a copy of a forest Practices Class IV -General permit application that was reviewed and approved in conjunction with the above -referenced subdivision project, a portion of which is within Federal Way, Washington. Please feel free to contact me with any questions you may have on the proposed project and related forest practices activity on the subject site. Sincerely, Stacey Welsh, AICP Senior Planner enc: Forest Practices Application from JM 1 Holdings LLC August 11, 2016, Pacific Heights Coversheet CV1, by Patrick Harron & Associates, LLC c: Applicant: JM 1 Holdings LLC, Tim Kaintz, 10515 20th Street SE, #202, Lake Stevens, WA 98258 Patrick Harron & Associates, LLC, Schwin Chaosilapakul, 14900 Interurban Avenue South, Suite 279, Seattle, WA 98168 City of Des Moines, Denise Lathrop, 21630 11th Avenue South, Suite D, Des Moines, WA 98198-6398 Dahlgren Holdings LLC, PO Box 3515, Seattle, WA 98134 Gregory Real Estate Three, 24416 249th Avenue SE, Maple Valley, WA 98038 File #16-105108-00-AD Doc. I.D. 74915 FILE DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8 Avenue South Federal Way, WA 98003-6325 CITY OF 253-835-2607; Fax 253-835-2609 Federal Way WW►..Ci(VofTedCnit kvay.con1 RECEIVED FOREST PRACTICES APPLICATION 11120 2016 CLAss IV - GENERAL CITY OF FEDERAL WAY CDS TYPE OR PRINT IN INK I...,,.J— -- Tw.her n—nnr nnri f7nnre0~ Infnrmerllefn Legal Name of LAK12WNER Legal Name of FIMT3ER Lw Namc of OPERATOF� OWNER JM1 HOLDINGS, LLC JM1 HOLDINGS, LLC Mailing Address: Mailing Address: Mailing Address: 10515 20th St SE #100 0515 20th St SE #100 City, State, Zip City, State, Zip City, State, Zip Lake Stevens, WA 98258 Lake Stevens, WA 98258 Phone (425) 359-4487 Phone (425) 359-4487 Phone ( ) Email: kaintztk@msn.com Eel: kaintztk@msn.com Email: 2. Contact Person Information Contact Person Phone (425 ) 308-5101 LPG Inc / Patrick McCourt Email: pmccourt@landprogrp.com 3. Enter the Applicable City of Federal Way Development Permit Application Number(s): • Project in 2 Jurisdictions LUA2012-0001(City of Des Moines Project #) 4. Enter the Forest Tax Reporting Account Number of the Timber Owner: 800080552 For tax reporting information or to receive a tax number, call the Department of Revenue at 1-800-548- 8829. 5. Legal description where the forest practices will occur. Parcel Number Within 1/4 section of: Section Township Range E/W 332204-9221 SE 32 22 N 04 E 332204-9221 SW 33 22 N 22 N 720540-0130 NW 33 22 N 22 N 6. Answer each question as it applies to your proposed forest practice. (� No ( ) Yes is the activity within the "Natural Environment" as regulated by Federal Way Revised Code (FWRC) Title 15, "Shoreline Management"? Bulletin #072 — January 1, 2011 Page 1 of 2 k:/Handouts/Forest Practices Application () No (,0 Yes Is the activity within 200 feet of an environmentally sensitive area and its associated buffer area (wetland, stream, wellhead capture area, and/or geologically hazardous area)? No ( ) Yes Have you reviewed this forest practices activity area to determine whether it may involve historic sites and/or Native American cultural resources? 7. What is the intended future use of the land proposed to be logged? () Single Family Residence Residential Subdivision (includes plats and short plats) () Commercial or Multifamily Residential () Other 8. How much merchantable timber are you cutting and/or removing? Complete the table below and indentify all timber harvest and salvage activity boundaries on the site plan. Unit # Acres (net) Volume of Merchantable Timber to be harvested (board feet) Percent (%) of Total Merchantable Timber on site. 1 3.34 20,000 MBF 100% 9. Summarize below the proposed timber harvest method, how the site will be accessed, and the proposed timing of the timber harvest within the context of the overall project timeline. Clear cut for subdivision development. Access will be temporary construction entrances installed via for plat development. Clearing will be the first activity We affirm that the information contained herein is true and understand that this proposed forest practice is subject to the State Forest Practices Act and Rules and FWRC Chapter 19.120, "Clearing, Grading, and Tree and Vegetation Retention," as well as all other federal, state or local regulations. Compliance with the State Forest Practices Act and Rules and FWRC Chapter 19.120 does not ensure compliance with the Endangered Species Act or other federal, state, or local laws. Signature of LAN WNW Signature of T1M R OWN "R (Ifdifferentt arj Signature of OP ' ATOR rre d cr) (IfdiflAo Print Name: Print Nan�: Prin JM1 Holdings LLC, Tim Kai , Member Date: /���/(o . JM1 Holdings LLC, Tim Kain , Member Date: n Date: lb / G. Department of Revenue Date Department Review (For Office Use Onl ) .7 1n-Zb-it Bulletin #072 — January 1, 2011 Page 2 of 2 k:/Handouts/Forest Practices Application Bulletin #072 —January 1, 2011 Page 3 of 2 k:/Handouts/Forest Practices Application REQUES'i eOR ADNIINISTRATIVE DECISION 1 CITY OFF' Federal Way RECEIVED OCT 2 0 2016 CITY OF CDSPAL WAY FILE NUMBER / & - / () 5 / t J COMMUNITY DEVELOPMENT DEPARTMENT 33325 8' Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 www.cityoffederalw@y.com Date /O —,77 -/ 6 Applicant NAME PRIMARY PHONE Tim Kaintz, Member of JM1 Holdings LLC 425-308-5101 BUSINESS/ORGANIZATION ALTERNATE PHONE JM 1 Holdings LLC MAILING ADDRESS E-MAIL C/O Land Pro Group Inc, 10515 20th St SE #202 pmccourt@landprogrp.com CITY STATE ZIP FAX Lake Stevens WA 98258 Property Address/Location: Southwest Corner of Pacific Hwy S and S 279th Street Parcel Numbers: 332204-9221, 720540-0130 Description of Request: Request in conjunction with Forest Practices Class IV -General Application. Application if for clearing parcels for a residential subdivision known as Pacific Heights. Subdivision is located in both Des Moines and Federal Way. List/Describe Attachments: 1.) Forest Practice Application 2.) Notice of MDNS 12-4-2007 3.) Fee payment of $77.50 4.) Settlement Agreement - 2003 For Staff Use ❑ Code Interpretation/Clarification ❑ Critical Areas Letter/Analysis/Peer Review ❑ Request for Extension (Land Use/Plat Approval) ❑ Revisions to Approved Permit ❑ Tree Removal ❑ Zoning Compliance Letter ffi - No Fee - No Fee (Actual Cost if Applicable) - Check Current Fee Schedule Check Current Fee Schedule No Fee Check Current Fee Schedule Bulletin #079 — January 4, 2016 Page 1 of 1 k:\Handouts\Request for Administrative Decision Stacey Welsh From: Schwin Chaosilapakul <Schwin@PatrickHarron.com> Sent: Monday, September 12, 2016 4:08 PM To: Ann Dower Cc: Stacey Welsh Subject: RE: Pacific Heights - Des Moines Contact Attachments: Pacific Heights 62 Federal Way (reduced) - 24x36.pdf, RE: Pacific Heights - 62 Lots Hi Ann, Please see attached reduced set and email with Dropbox link of the pdf for your use. Anything you can do to help us figure out if a Forest Practice Permit is required would be greatly appreciated. I've cc'ed Stacey with this email. Also, David from our office is delivering 1 hard copy set of 24x36 plans —you should receive this before the end of day. Thank you, 5;�,,i.,, c r c Re. Patrick Harron & Associates, LLC 14900 Interurban Avenue S, Suite 279 Seattle, WA 98168 PH: 206.674.4659 FX: 206.674.4660 From: Ann Dower [ma iito:Ann.Dower cit offederalway.com] Sent: Thursday, September 08, 2016 9:53 AM To: Schwin Chaosilapakul <Schwin PatrickHarron.com> Subject: RE: Pacific Heights - Des Moines Contact Just one is fine. Thank youl Ann From: Schwin Chaosilapakul [rnailto:Schwin@PatrickH rrron,com] Sent: Thursday, September 08, 2016 9:08 AM To: Ann Dower Subject: RE: Pacific Heights - Des Moines Contact Ann, How many sets do you need? I can have that routed to you this afternoon or tomorrow. 5V,. er Re. Patrick Harron & Associates, LLC 14900 Interurban Avenue S, Suite 279 Seattle, WA 98168 •1 4iDr•[T1h ��+ B6B6 bM 53rvi0iv 53O • rrn •E�.f �, i�Yl.-♦w�i13 nr� t� 9itl �i]iJvd 815 H15.� rv1f105 e�.o ro- ]ll 'Si1.VI7[Yb1'■ LZZS:vZZ¢6aosoo[Z�o�l3Jtltltl a � >`� 133HS HAAOO SNHId NOIlOfI?J1SN07 3.IL W. V- S1H`013H OIJIObd r ! EL � �� • � 2V -a 2J _tea„ "a_"_.W .w:_ vc� _ < - 0a1W- � z W 0 tt¢W WU n urAo�a W UW Z W 2tl1� Wyz li v: zzu EL z3 p- R R 1 & r �„ !/� ;� —_ __ • -��.. i kJ 5t`��e gets caaa'a 9no92g�g `fg� !� =`O � '. ❑ 7 g �" lit d ¢¢sass ¢¢ 5 11 89� 4OM 3 e •Nil ta I 8s�x8ai6's�s'AeE3§�#��¢.ssu ,m =z a�nxa Sg$a Q. 3� LU - LL f IN � » �xo W NR Ifs 2 J o o En ram 5 E�Q' s' x s�F W p - aJ U sam o €�e a E -m „aaoVug<„_9���g.�a3 €a Fff� .^,k� �Fy ..N ;5h ✓, ohs ��m Z go A � d d o hhWh���g-.^.N �a�" _ H., N 3 p < «o,.W..a You ��u ag E � - �=<�s=_ z _w�8: $�+�•� U Iq '_� m sl'f+ U $ sg�41 � o t �psssg"s"s8�'s88'sa8s o .ogejro ■$ sa "h a r a 4 a 2 4voQhrrra=sae ^e ¢ sans W XYiSzY U . _ s_ u g==<¢as _ Q �s W d gam m "spa a3 -- 5.a nJ-vu�n.p munnwq�r...e.�b wi �iw � „aoc n �: (MIS3l '8 S310N 1V�DN39 SNVId Nomon iSNOD a IIQ .low. i.® I �•.�br mil � lip [� if S1HOGH OIJIOVd �I LM,-InGK •��,ES+�M+'% — M S3wow 530 �� � � • •rt Ta Y •w��] n•'] MH'JiN60liiOVd B 1S N16GZ N1005 n 2 ` 65166e56E1� z06>S0.! m I` db'W lb'ld ` �yr�r s�bcrryna�asy�+�..,7( I1J.l C1..L V i S1HJI3H �I�I�dd SNVId NOLL�f1211SN0� g -s b 93 zijg �_ n mot. � 1��� ~�.- OJ • ] { �"i �� (li = w :A 7�ii 0€ 4l W + psi k Vol1 f 1-11 rc7 q s = N � ' - •�. s I } k� ate: - r _' __ . �' ;lid; r RIL 4� r E sr ..lax n a 6,a as-w�� rnu�c ..>wr�.�.rnw.•rw�•..c..� wi� �v:�,�oz I OR SNOIIO3S GVO2J No+rnivaaq SNVId NOIlOf1ii15N00 -- Q o� a ll4�rL =�Y•ap — 3 �•_ Y m � - z= _ N o a z w! win ,ttaooa' � ss 3s CD F— r LU ti as w � Q yn .oar � r u OWN y SW g 3+ N K$ x fitlM 53Ni0W 530 S AtlM1W9iH OldiOtld 915 H ZH— os�aorsa:i onm>soz� "lZZ6ValZtt 60060022Z[ n913]Htld c I uc)i-:Iu -)14 oo dd �r m a o, mf En W COUu S-11VI30 Ails SNV1d NOuondiSNOO 4 if 0 > W< F- 00 C:) LLI CV<N Jim I LJ ,zz, -OOK=2 ITM- S11-19131-1 01=113Vc! a S q 1 F r�Fr5 SlIVITI QOOM31ddb A SNVId NOIlOf12�15N00 1 T € z w X-lk � r wienn sr<onm s ..alma. �.�.r • iy N�uararrx Y.iLC.'.1i[IXIN'.0.i w S1HS13H DIJIOdd 1 t bw ' A d, p ..a.-x..s-eul[ e-x e�l>,-o ..andw�•-���I•«pw��. ae �. '9:�[�"ci' NVId NOIIN3132A 33a1'8 OS31 nouem�s3a SNb'ld NOIlOfI?J1SN00 oxe�.M s9xartuo r.rwvrai�ra r rsauer.ucs wwc.acciatw>4u ti:aaa�[rc voosptzc.s+uva S1HDGH OIdIOVd ..1 � °u t �il �• V�o S I II .I=n IIJ f r+a iw x�r" trnp g5vyrry�w..yl0.+aa�.trYa. .��� +>Ht��nNii SlIHl3a '8 SAiON OS31 SNVId Nouonld1SNOO �rSr¢ 1i[E I �IiH '•?y 95�B6 VM 53NiOW S30 w ; o"�.'9�tld B15 H1612 H1f1O5 S S MHOit6°e40.Z� N ii6u°ZZCE 60°6 ZZZE o5l3�tltld � � S1HJ19H OIdIOHd I J_ Q w 3� n ra Z o U w H a" Fz w J Z R Z E < m Z _ = U F mgg� U i 7r -n N a R•�.V +A�6�/R•11� aH B64B6 vM $3NIOW 530 .9 NVId JNIINIVO b. S-MND�� VrtiYR aw WYJ ry SNvI NOIIOn8iSNo3 11� JA CL1. k ° S1H`J13H O131OVd I r _ f 1 -- I z I i i t p gI Iii i•' I _ R � % � II � 5 F F -- az woes! f ' -4. ATIRICK RECEIVE® . PJkON OCT 20 2016 transmittal &= ASSOCIATES, UC Engineering & Planning MY OF FEDERAL WAY Seattle 14900 Interurban Ave. S, Suite 279, Seattle, WA 98168 Ph: 206.674.4659 Fax: 206.674.4660 Lacey To: Grace Skidmore Company: City of Federal Way Everett - From: Schwin Chaosilapakul Date: 10.20.16 Re: Pacific Heights Pages: FPA CC: Patrick McCourt, Stacey Welsh Grace, The following are documents submitted for Forest Practice Permit: 1. Administrative Decision Form 2. FPA Permit Application 3. MDNS from 12-4-2007 4. Settlement Waiver Agreement from 2003. Please don't hesitate to call me with any questions of if you required additional information. Thank you, Schwin Chaosilapakul, P.E. P:\2011\1 1116A Pacific Heights\Text\Applications\Federal Way\Forest Practice Permit\Transmital to City 10 20 16 doc C,s,, OF CITY OF DES MOINES, WASHINGTON ne,°INFs RECEIVE® Planning, Buildin�, and Public Works Department 21650 11 Avenue South, Suite D RCA OCT 2 ®2��6 Des Moines, WA 98198 � Phone: (206) 870-7576 Fax: (206) 870-6544 NOTICE OF MITIGATED DETERMINATION OF NONSIGNIFICANCE Notice is hereby given that the City of Des Moines Responsible SEPA Official has determined that the following described proposal is not anticipated to create significant adverse environmental impacts and will not require preparation of an environmental impact statement. This determination shall become final and effective, provided a proper and complete appeal has not been filed, on December 29, 2007 APPLICATION November 8, 2006 APPLICATION December 4, 2006 SUBMITTAL: COMPLETE: DATE OF December 4, 2007 COMMENT DUE December 19, 2007 DECISION: DATE: A request for approval of a plan unit development (PUD) subdivision to divide 12.53 acres into 77 lots for single-family residential use. The request includes deviations the required minimum lot area, lot width, minimum setback requirements, lot width to PROPOSAL: depth ratio, reduction in the perimeter buffer requirement along 9 of the lots, cul-de-sac over 450 feet long, and reduction in the standard right-of-way width. The proposal also includes Reasonable Use Development Exceptions to fill approximately 5,990 square feet of wetland. PROPONENT: Pacific West Development, LLC LOCATION: South 2791h Street and Pacific Highway South Tax Parcels: 3222049009, 3322049221, 7205400130, 7205400150 FILE NUMBER: LUA06-037 OTHER REQUIRED Development Exception: Wetlands PERMITS: Preliminary Planned Unit Development Subdivision EXISTING Environmental Site Assessments, Wildlife Study, Level One Drainage Report, Level ENVIRONMENTAL Two Downstream Analysis, Geotechnical Report, Traffic Reports, Technical DOCUMENTATION: Information Re ort and Wetland Analysis Report The City of Des Moines Planning Agency will conducted a public meeting on January 7, 2007 at 7:00 p.m. or as soon thereafter as the matter may be heard in the Council Chambers, 21630 11th Avenue South, Des Moines, WA 98198 for the above PUBLIC MEETING: referenced project. The proposed project requires a Public Hearing with the City Council; however, the date for the public hearing has not been scheduled at this time. Future notices will be rovided consistent with the Des Moines Municipal Code. Written comments concerning the MDNS may be submitted to the Des Moines Planning, Building, and Public Works Department, located at 21630 11th Avenue South, Suite D, Des Moines, WA 98198, by 4:30 p.m., December 19, 2007. Comments should discuss specific environmental issues associated with this proposal and identify how the MDNS does or does not address those issues. The decision to issue the MDNS may be appealed by filing an appeal consistent with Sections 16.04.210 and 18.94.113, if applicable, of the Des Moines Municipal Code. Appeals must be complete and filed with the City Clerk by 4:30 p.m., on December 29, 2007. The appeal letter must cite specific procedural errors, omissions, environmental impacts, inaccurate environmental information or failure to comply with specific adopted policies or codes which dispute the validity of the MDNS. For further information contact Jason Sullivan, Land Use Planner II by phone 206-870-6551 or by email address jsu11ivan dcsmq 1�v. Please indicate your name, address, and refer to the file indicated above. or CITY OF DES MOINES, WASHINGTON n0 NFs iIAOJ±Fs Planning, Building, and Public Works Department A ns F 2165011th Avenue South, Suite D +� r� Des Moines, WA 98198' k..N Phone: (206) 870-7576 Fax: (206) 870-654 MITIGATED DETERMINATION OF NONSIGNIFICANCE = unit development Dvision Description of proposal: A request for approval of moddeviations the required miniinum lot areal t widh5minimumo 77 lots for single-family residential use. The request includes setback requirements, lot width to depth ratio, reduction in the perimeter buffer requirement along 9 of he lots, cul-de-sac over 450 feet long, and reduction in the standard right-of-way feet dth. The wetland.proposal also includes Reasonable Use Development Exceptions to fill approxima y , square Proponent: Pacific West Development, LLC Location of proposal, including e 72address, if any: South 0 279t' Street and Pacific Highway South Tax Parcels. 3222049009, 3322049221, Project File No: LUA 06-037 Lead Agency: City of Des Moines t adverse The City of Des Moines has determined that the u o� tstatement escribed pr(EIS) isdnot required under oes not have a probable 030(2)(c) impact on the environment. An environmental p This decision was made after review of a completed ltenvironmental vE°hibit C of the Settlement Agreetnent�, Wan' � Release By er inform agency. The terms of the mitigation are established Y and Between Granville Southern Corporation, Donald & Marie Tavis, and the Cities of Des Moines and Federal Way. This information is available to the public on request. This MDNS is issued under 197-11-350. The lead agency will not act on this proposal for 25 days from the date below". Comments must be submitted by December 19 2007. Responsible Official: Grant Fredricks Position/Title: Planning, Building, and Public Works Director - 21650 11 th Avenue South, Suite D Des Moines, WA 98198 December 4 2007 (Signature) (Date) Project Lead Contact: Jason Sullivan, Land Use Planner II; Phone 206-870-6551; Email Address 'sullivan c desmoinesn",I ov. AGENCY APPEAL e Des City erk- Such APPEAL: Any agency or person may appeal this SEPA dtMtri Mitigated Determination of Nons gnificarsrnination by filing a written appal with c�e (MDNS) is final anld hall be appeal must be filed within ten (10) days of the date thisga last consistent with all provisions of sections 16.04.210 and 48.9U4.1 e3, -applicable, f oDa al te��nansCiri lua thee adequacy of he such an appeal as to this proposal will be 4:30 p.m. on --- 1viDN5, whether proper notice has been given,roval until a final determination on the appeal issued ed by the Hearing Examiner; ex ept if the appeal shall stay any action on a pennttjapp City Council is required to issue the determination of the underlying permit approval. In such eases, the City Council Will issue the 6na determination of the appeal concurrently with its determination on the underlying per r it/approvA 1Eac LINk C ZpMNG AND BUDDING DMLCFMEN% AGRFP 'P FOR DY- EI+OM4EI! T OF M CRANVRLE FROPERTY LEGAU'Y DESCRr8RD IN ATrACEEO EXFUIT I (1) Zoning shall be RA 3600; (2) Development Shall be pry and approval, as a plamed Uric Development or Subdiviszan p==t to Des MOMM Code consistmt 'with tho tams and conditions set forth Vein and the Settlement Agmewnt. Waiver, =d Release to zvWch this dccun=t is appeaded as BAU''Ut. C. as otba-wise stated hmt�, the of uWUAota shall Ioot exceed 84 consisting (3j �°� lex. `I�ic mix of si�agi�- of a mix of 21. ublee-faaui3y c�sideuces, 30 duplexes, and I tr a family msidences, daple=s and triplexes shall be subject to mmimm won at the , IN%Mt of the Applieaat, subject to the approval 1 of DM M'aiaes and Federal Way; as proYidcd in paragraph (17) below. Ownergnp ',of cacti unidiot shall be in fee simple ownership. - (4) The nutter, location, typc, con59ara60o, and size of unim and jots; sim location and configuration of deienticm; roadway ImUion, widh, and 1e7Wh; leers; 1 last; q)era space; and all vthex improvemesi'ts sball be -ass dcpisxd ire the Ewm-ativc Site Plan, dal M=h 17, 20M, p=PRmd by PeMnQu C='sulting V-neAaeo under yob N=bcr COP'D-MI and attached as EAU B �T&Uh-alive Site plan") to the Settlement Agmueut, Waivcr, and Reline to whicb this docnnaent ia attaclxd as Exhibit G. Kinor de-viations said DlustlxAW Site Plae may ;occ�u subject , the apdin of Des Mora and Federal WRY, provided that the ntmabet of lots, unit, arsd bu_ildiri9 sites sh&U remain uncaangrd, each beat the cumber of jots, units, and building sites MY be M&Qed. at the sole dasrxedon of the applicant, The di.entico, drainage, aud mad layout rollwad in the Mwtrmtive Site Plan may also be changed, mbjecc to aPF0val by the City of Des Moines end the Catty of Fed"W Way. ;far of fiicYs between the illustzative Site Plan and Des Moines' or Fed=* Way's zuning, , =0860ns, and land use cont(Ws, this Zoning and Development Agxbrn t axed tho Illustrative Site Plain Shaul control. (5) The City of Des Moines shall provids the City of pedetal Way a mbim= of fourteen (14) drys wifta which to review and com=ent on the iilnstredve Site Flan prior to the City of Des Moines' approval of ft Pacific PlXe yjanned Unit Developm=t. Prior to approval, ft City of Des Moines shall also pmvWtbe City of Federal Wayaa�° ins for of famteen &h tie) days within wlto review and comment on any applications building permits for individu4 buiidiugs cu within that portion of the Granville Properly con ainM within ;he City of Fetier8l ; lay FAA, as defined by the FAA krte 10c4 A,grcement iaetw=n the. City of Des Mviries anti the City of Federal flay is effect at the time of any application for a building permit an any lot located on the east side of 15t' Avenue South. To implement this patagmph, The City of Des Malncs shall provide copies of tht Mastrativo Site Van, or bdi ,i a ig pest application, applicable, I to the ty Ci of Pedend Way, and the 14-day revie � and comn=t penod shall- co :e, upon Federa] Way's receipt of the Plan or application, as appEcable. The Cityof Deb Moines stall F vIde to the Cityof Fedaal Way 15% of the application t for IQ% on the Granville fee amount charmed to the: app� carat far any hwJg Perini way shall be: made Property and located east of 15 Avenuo Southl payment to Fa&zal within 30 days of Dee Moines' receipt of the fee �m the applicant. ;t (7) 156 Ave. S. as depicted in said Illustrative Sitc P1' sb6ll be dedicated to the City of Des Moines as a public street; vet meat a 1icstia� that are aonAst� with the terms of this de�+eiapment S) De &- adm and mttig ( ed &dgn ation a ement shall bed have inc pore[, , s1 cant envi E=E=tal imps: nos that I� g> cieIlt t4 Void pirobal1 , With ao �4y, such applic abon shall be suh3ed Ito issua�'►ce of as MDN$ additions] conditions other them as set forth. hr�; and no ES will be required; (9) Previous studies ,dated to wetlands and drainagc on the sitr, prepared and subAaitted to lung sty Under King C=ty Pei& Appl �rrn 807=0 shall W domes# fully adequate and sufficient and shall be used No "tl0nal stariies sh3U be x The County that the �cumeattadon provided to the parties as pat[ of said King Panics agx= U is as faIIaws: { Pewit Application SWCW ! FwriroUMemtal Site Assessmentby F.aztb Cons*ah s Inc. dated Septeaaber 23,1997 Road VariX= by DBM C��g FA& d,1d February 19,1998 S�ubdivssiott Guararttes by Ftrst American Title IiU*Mce ComPauy order no. 345322=5 Wildlife Study by Wadjaid Rues, bc. dated MArchl 25,1998 Loyal Ono Drainage KePMtb'yF-asiside Consult", Inc. dated August 25, 1997 G=edmical RepMby J. Keith Cross, Py., da,tA-,i May 31,1V7 Traffic Report by David Hamlin & Aseoaiatus u sng En a gsiidd dated u Level f ro Downstream Ana1y� by DBM C.ousuiting Engnuee�s dated Juae 8,1198 Technical Information ReQmtBYD$M Cmul" wears dated Or ?,4,1997 Wetland Report by Wetland Rosouttocs, Inc. dot d I�uly 29.1997. (10) 'The Level 2 Plow Control"Standat'd, as den M the 1998 ring County Suuface Water Design )y mual, ushall $ppl)► to cleteaatroA fa' tt<e5 for the prO�eCt No downstream aualySi9 shall be required. The detentioni}it[ei four the prnject sball only need to meet e dtmands muted b this pr%}eit`. This project shall not be responsible additional drainag Y t for solving preexisting drainage jmxz faced by downhill P ropeM owners; 4 � (11) School impact fees (forFedeW Way Sehool list jet) wiu be colle>Gtod; (12) WSD4T must approve On wring) any and ally entrances �wey 99; p and extra pxopo. rxt tolfram royidcd, however,. that Applicanj agrees not to seek approval 101 such entrances and/or exits to or from highway 99 from the Granrille Property; G'Y_ �- fi VJ• JS• vV (13) (14) (15) rv++� 1J.,J1 rAA 1&0 l •J 1 u which it is located in iacIuded } M, market atx re will be demolished if the p Y P� witWn She project; I wd The City of Des Moines shall apply, and the applicantd its sue > >>cic assigns shalt camph► with, the City of Federal, Way sigaa code, Federal Way City Code Sect 22-X�96 — 22-1629, or as atttatded, wig�,., respect to that portion of the Granville of Federal WaY's F'e�A> a� de�uued by the FAA bntniocal Pcopenty within the City wa in effect at the ant between the City of Des Mcbm and �e City of Fedextil Y time (kaAywo or iita suc=wn, heb or wdps seek to camtx� cc install anY sign. 1", vrith, the City of II�e City of Des Alaan shall apply, and the �►plica�at sh0a of PaLemo Highway South Rdcral Tay stMA develupMmtx�t inrl.that i viIle 1 opertY pmvxde<l howev", that t� aPPh "t shall not be abutting the Cxran vests far that portion pacific Egbwgy South. To required to �onsttuct SUWA h3l however, Gvmvwel shall : mitigate r w tic imps fzorn ttte plc ll��"Jopment, do the followings ata state of tbg cost of the f m= TMspvztation Xxnprovement (8) play s Pro pto t - known a$ SR 99 fX00M S. 2W to S. 272�, which pea rate share is herebry amined to b� Ut•OWSaid �y t star]] be =a& to the City of Federo Way Fa the �d= Gra VWO receives f 4 IPlwned Unit Development or Sddi.ywi on anjoyal fmm the Cary of }Des MoU05 and the, expation of ]9 applicable appeal periods. P=U= to kF�l. Way CAY x5)} far a petiod of twe�Y } the dace of #his rig=ment, 46(bGratx� hereby waives for itself and its��Ys and assigns the right tv any refund of its -pro rata sham of the SR 99 ft dw S. 290 to S. 272 - 1; (b) Fay its pro rats shut of the cost of the TIZilmown as S. 288 I SQL 99 lntess�ton dawznincd to be SZIP O. Said yrn vemmts, which pre nta Share is'k�taeby Granville receives Payment Uball bo made to the City of Fecal Way at i from the C`lty aF l7es Moines and the final Tlam Unit Acvel t aPgro1a ; of �aticm of all applicable appeal p�� .iSgtc: i added this to olarifY timing paysmcut- ummt to Federal Way City Cam Section 19�45('e)her for v odaives far SoVen (i from the date of vdle here -by itself and its nice-� and amp'A the xigat ,(f its gra rasa share of the S. 28e 1 SR 99Ir+t�T°v�mnts. (c) As pat of the Yac-fic Pjam Flamed semi &Velop=nt, dedicate tote city of Federal Tay a 15-foot right-of-way along to east bo�Y Of property lying immediately stW=t to }and fronting along gaoific noway Srope I.YinMvIi that e such right; -of way ►��+on may, at the sole discmd" of Cm�villc, can[airc a re�rersicmarY clause, causing the dedicated property, or any portion thcaeof, tv seven bark, be re-�a'�e] or athat t F,. uty f Fed to Granville, its heirs, successors, W4 assigns in the event that the City of Federal Way detcErniraes, iri its sole discretion, tbat•the dedicated prapeay> Or any portion 4: Q,/ , INAI Aw t x=f is not needed for right-of-way purposes at the, time of constrvctivn of the SR 99 S. 290--3. 272!d TIP_ 1. (16) In tecognii](z of me=ation space "Cs atiori rNa#= nt3 costomarily imposed by the City of Des Monies, the City of Iles Moines expressly agrees that Cu=vMe- shall be given fun =cht for the total square footage of the 1Q-foot Wjdjr,� easeuMt granted for comtrucdcm of the waik.Way mmun&& the weilaDd loaaied in the middle of said project and the costa of coostroctism for tuns sidewalk along said walkway. (17) in de%ce to or recre�on spate bnprovement requ!�s custamanly imP°sed by the City of Des bolts, GrMY111e shall make a ' gno-tm pay mt In the amonnu flf $47,500.00 to the Chy of Des Momw, As CosWdrrifion for GranvWe'a R=meat to m*C the full payrnmt of $47,5W.00, ft Cfty of Des Moines 09= to mc= the maxi = number of toi#a flowed by onc� 10 85, Which the Applicant, its it sole discxedon, Cara vply to Clem a single-family ='dee, dgiex, Or triPltm; pmvidcd, hDweve[, if G,-atavt7le is unable or chooses not to � the mwtimuM number of lots in the final Van t0 &5, it shall only be rmperttale for mak ag a ore; -time payment in the snout of $3$,000.00 to the Cky of Des Moi = as"its mitig400 fee for 000 Twe' in*rovoncnts_ Arr=Vments for said payment. if,,applfcable, >cad written wnfiamadan in the foam of an amended site plan vdkc#ng Cmvilles de+cWon rcgar 1109 tha final number of Units wd their final plat= mt and coon, abaal be Made on or before the date on which the Des Mviraes city �; is wed to rote on GrnvWe's Said paymcsit; 3lowever, shall proposed planted Umt D NVIOpment as described hem wn be dua =131 final a VOY31 Of the Plamned Unit Development or Subdivision 8z deu zibed1wein and the expiiatiou of all aPPeal Periods• (lg) At the time, of construction of 154 Avem►ae 5auth6 Gran-n le shall install aaffic calming devices, in the fora Of speed trumps, on 1So A South watts the proporad Padfic Place site atad witbin tune Applewood subdivision.. 711e number, location umd design of Ow speed hinnpa ehati be as � by the City of DM Moines and City of Fed Wary Publicorks'D3re ctors, atad set forth by GMYWe an- euoneering 1 cansttvctian pleura for 15 Av=w Swath. (19) Na mitigation fees or =Pr9vem=ts shall be ngl4ed as a condition of approval of the pjWWA Wt Developwr-xst by the City of Des Moines, except 83 se, forth bexein; provide, however, th%i this agr m8nt does not alter of waive t xmasrville's legal obligation to o=ply with any and all applicable laW3 xegazdmg b4aGt fees imposed by the Federal Way School D€strict. 41 DEC- - 9ETILMENTA 14+fENA, WAMMAND MEATS - By And $eween GrauefRe Sonfliern Corgorafaon, Donald & Made Des Mokaes And Federal W- sW OCT 2 0 2016 WrflMEA the City of Des Moines CTes Moines') is a municipal aorpv ti'>iw"vr .�rxtd r the laws of the Staw of Washington and has awhoxity to eaa,ct laws and enter hAo gels to promote the health, safety, and welfare of its citizens, and thereby control the use and development of property wi#hin its junsdi.ction; VEMpAs, the city of Fedwai Way ('"Federal Wqo is a municipal corporation organized under 1helaws of the State of Wasbin6doa and bas authority to enact laws and enter into agmements to promote the h altb, safcly+ and welfare of its cUmns, and dw reby coral the use and development of prop, =V within its j udsdiefi n.; W1�REAS, QwvMr- Southern Coapotalion ("GrMille Soothe&I and the marital Camay of Dondd and Mace Tanis (i'avis'I(Charw'& Southern and Tanis shall hucaf er collectively be rofwr d to as `"Cranvfflal (Nth: Ths umn "Granyme" cq=sdy includes "C,owW Padfic Development, Tz .; the name of the applicant reflected in some King County files awocia with the a w ve-refermced appiio don) bare filed an. application with Ting County under Ding C4Xmty Permit Application. 807CO270 for approval of a development project on real praopeaty CV=mwMe Proi=0 known as Paci& Place. Sing C,rouu Vs Bode, wplaiians� and land use cWWO s, &Mc&re, apply to said project. Tanis owns the Crrnvilie Property which is legally dewnbed in Exlu'b,rt A attached bereto. Ckmiflc Southern is under coutad to p =hase ilte Granville Property from Donald and Made Tanis; ,.AS, Sing CMmty's code, xe~gu]atio , and land use camtrols spplicAble to ft CiMY111e Property development ptnject ]mown as Pacific place Mod with King County viac leg County Pemt Application 807Ct>270 would allow for more lotshm % less open space, and other development than Would be ouzr dy allowed under Des Momes' code, regulations, and land use controls; - WF S, on or August 13, 1998, the HRB issued a deddon spl)Mving the 2M=afiOu of praop n" ]mown as the Redondo F.iviem Aanexa#ion Area, pile No. 2016, wbich included a pmtira ofthe sahjectxeaipWertyinto the City of Des Moines; WHERE, Cmmville Mod au appeal of the M's aunexotion, decision with the King CoantY Superior -Court under Cam No. 9&2-196947SNT. Suhsgnently, ft court conducted a hearing and radered a written decision wd jrudgm=4 ice, an appeal aad cross -appeal were ' filed from said Sing CamatY Superior Court'S decision in the WashbOon State Court of Appeals, Division L under Caaase No. 44,528-&1; W ITSA,.,, the parties wish to settle the litigation, development issuers, and d3e underlying disput% including, but not Jmmted tQ, coMpromise of the applicable code, regulations, and land use, r-1 -1 f r!� ti Settlement Agreement, -Waiver and Releme Page 2 of 8 controls applicable to the Gnmviuee Property developameaat pumject ]mown as Pacific Place fried. with King Catrnty UndM7 King County Pest Application 807CR270, you a mutually satisfactory mr; WHEREAS, dw Settlement AgreemeaA Waives and Release (ham "AgreemarrV5 is entered unto by and between GramrM% Des Moores and. Fedea<'al Way (colimtvel,y refamced as `Pardee) to rew1ve legal maU= arising out of lawsdb tnOava as Granville Nyffiem Corpot�ioM el -aL Y_- lice washing )3ggqdKy F, eAew Board fax ring Caux-tr,_ et -4 King County Superior Court Cause No. 98-2-19694-7 KNT, and Cmaville aouPhern QM et 4 v. The: QIL of Federal Wa et AL Court of Appeals Case No. 44528-&l, and to £oreclose Rmdm r ciauns, damages, requests for inj=c&a relief or disputes among the pmties rdlabed to said matt -eta. NOW TIM EFORE, in consideration of ffie a VMd pmmises set forth hcr+aini, the parties agree as follows: 1. Gmtulle., on its own bebat£ its hears, agents,business partners, investors, %doneed,optiomrs, exec wrsE amd assigns, does hereby release: each and every cue of the Parties, their momwors and assigns, offears, ofticiab, employees, agents and attorneys, both individually and m fiLeiyr reprtsesriative capacities, from any and all claims, appeals or disputes betty= Cx anvMc aa>d. the Parties,-eidter jointlq or severally, that have beem or could have been raised m QraAville Seaunon Coruora6mn, et al, v. The W Review Board AT yMz et_aL King C unly fteaior Court Cause No. 98-2-19694-7 KNL nr any appeals related #hereto, Emm say ezlaims fox damages ads'mg out of or related to rho City of Des Moines' Redamdo Riviera mmexatiory told ftm the action of any party in litipting the abovc-refemaed cases or is MtMigg i dO tis Agreement. Pmvided, however, it us expressly wderstQod and agreed that ffis paragraph sball in no way bar any party from fiLing a claim,, demand, or lawsuit for spemc per%rmauae of the try and exaditiona of this Agreement or for damages arising out of brenh of the twos an conMow of this Agr cmcmt 2. Granville wgmmts and< amens that it has root sold, ft arsferred, or otherwise asdgncd all or away of its interests in aay-of its appeal8, clams, XaVmw fear relief or aaoses of anion released heran and tbat it is solely empowered to waive and release said matters. Iu support of Ws rentdion azd is soppoat of this Agreement, amwgle agrees to indeatnify amd hold hmmleas any and all of the Parties amd any persons or cooties coved by this Asxcenwmt and any aMaW peon, cur*my or entity for any damages, Celts, attorneys' fees or other Qgxn= in defending any ac#iiaaal brought by Grar►vMq, or anyone chhniug to hold an hdwea fm m G=vMe based on the appeals, aim= ear Onuses of action'by fins A$teecaent- 3. As ccaasidm-&cn for this Agmc;mmg, nd apart the agpxnv4 acid executou of dais Agrewmt by the Parties, Granville agXm to discs with prejudice Its cross -appeal now pending befte the Washingau Court Df Appeals entitled Mlle: Southern Corp.et. al. -r. The elf Federal wam et._aT, Court of ,Appeals for the State of Washington, No. 44528-64, execute a stipuMoapravI tg for vam ion of the Final JudSmeidAvvloasly entered by the Honorable Dean J.um in frrsnvslle 5 et al v The Wasban n Soren Review ardJu King County et aL King Comity Superior Court Cause No. 98-2-19694-7 Kl+1T, amd disuriss with: -.�� AM Set&mmi Agreetrient Wainer and Release Page 3 of 8 prejwffm its appeal ja Cause No. 98-2d19694--7 Sir. GmavM% b owuver, shall not be required to withdraw any applications for land use rlmlopmettt on the armmille Property that are now pemimg and vcsted with Kmg CouW, including, but, not Iimitcd to, the application filed mzder King Coumty Pit Appheatian 807C 270. Granvffl% however, agr= #hart upon aimexation of a portion of the Granville Property to Des Moms, as set forth hmTin, that Sing County Permit Application, gp7CU270 shalll. be transferred to Des MoW% for proc se ng m Meot to the terms and c=ditions of Ibis Ate. It is eapresdy riad=tood t1al subsequent building and other permits sot& for waits to be oowUucW cm ft subject property fallawM9 a nncxativn of a portion Of the CwanvMe Property into the City of Des Moines shall be processed muder the land use and b►rMng codes of the City of Dcs Moines, s*ed to the tears and conditions of this Agreemert 4. As considearauon for the ==sl promises set forth hmvin, the Parties collectively agree as follows: A. The Parties duR jointly seek relied modification y sdsfaciiion, or vacation of that judgment tiled in YjAS Co=y Supador Cotat under Cause No, 99-2- 19694 7KNT, on the bates Ad all issues, claims, lind ddtses rQatirre to said l'udgment have been as reflected in this AgreemenL Des Mari m shad fk&er pmoeed to modify, fmAixe, and obtain all $FPmPride approva h Jb r the Redondo Riviera A=cnOou Area, Fire No. 2016 so that dw pmteaa of the Crmrvi1Le Pmpeaty lying westerly of'the eastean boundary of IS* Avr South as depicted iva flee-Rhwh-ative Site Plug" attached hereto as BAD& D " be mmoxed into Des Moines. The Parties shy] fully 9%4 tt the ==aflen of Ow said portion of the Gdmville Property its Des Moines. B. Within 15 days of the date of thin Ap:v=mt, Des Uoines and FcdaW Way wZ came the public process fir amending their W=Iocal Apeen=V, dated December 16, 1996, rel"g to their respective dal Aamaxaflon Ares. Desiguadon. Following completiort of the public process, the Iles Moines and FedeW dray City Councils will consider a. proposed anxeaded PAA Intadv d Ate. which sets the PAA bmmdary bdw= Aes Moines and Federal Way at the easUm edge of the Aght-of-way of 15" Arse South, as depicted un the Mastrabive Site Plan attached hcmto as B. C. Prior to the amexaton of aw portica of dw Granville Prop" to Des Moaaes or Federal Way, Des Moines and Federal Way shall adopt pre - annexation z=mg and otf►ec Und use controls and =ge dow = coke with the w lusfrative Site Plan" attacW hereto as fisx dbit B, and the Zomng and Ruildwg Dmlopmwt A.gm=mt attached hereto as Bxbi-bit C. In case of conflicts between the motive Site Plan and Building Develepn mt Agreement .and Des Moines', Slug CounWs, or Federai Ways zoning, codes, regumons, and land use controls, the Settlemmi Lgreernent, Waiver and Release Page 4 of S `eve Site Pled' attached bereto as Fxhibit B, and the Zoning and BmIding Development Agree OUt attacla,ecd hereto as Eah%it C shall control. D. Upon amc mftoa of said pmtiw of the GamnlIc Property to Des Momes, Kog Cowriy d aU transfer to Des Moms the proceswng of GranvUle's application for the rmilft family development project on the entire C vdle Property ]mown as Pacifie Place Cmdonflnimm, King County Pent Affiicadon 847CO270. Said Ong Comty Fmmit Application 807CO270. shall be damned modified at do request of Sing County, Des Moines, and Fedend Way to COnfOM with the "ll MMatVe Site Plan" attached hereto as u-bat B, and the Zoning and Buikling Development went attached beoeto as Fibiibit C. Provided, that said Sing Cody Putt Appkeadon $07CO270 shall not be wiadrawn from ]fig Cony, shall not be deemed to have been. modified at the request of the apph and said transfer shall have no impact an The vested states of said nag County Peumit Application 807CO270. B. Upon said transfer, said Kmg Cotmky Pemut Application 807CO270 shall be processed by Des Moimcs in confcnmaaee Vath the terms and con ditioaas of Ih s Agremneat: It is eacpremly tmdmtood that subsequent building and other penmzts sou& for units to be- aondmeted on the sabjed Property fobmh g " emp* na of a portion of the C-M i Property into the City cif Des Moines dmU be proud under the hmd use and building codes of the City of Des Moines, mb}ect to the teaans and condition hereu By Ihis Agrement FederAl Way csonsenis to Iho transfer of said appliudion to the City of Des Moines, and tho prooessing of said application and/or snbseguemt pdmiot applications on the Granville Property by Dens Moines, subject to the teens and cmadiftow larein. F. Upon annon of said portion of the Craiavdle Property to Des ]MEob=., Des Moines shall process GranvilWs appliradon for the development project on the eartinre Granville Property known as Pacific Place Ccmdom.. , Sing County Femit Application 807CO270. Granville shaIl not be required to stet, files or prodwe any, additional doemnentatiam, reports, or information other than previously provided to the Parties as part of said Sing Cody Pelt AmUmdon 807Ct7270. It is fly madentood gut ibis limit on additional on shalt not be oonstrW to q*y to any permit application tiled afW anawration of any pardon of the, Qrmvffic Property into ffie QV of Des Moines except for any such permit application chat is requix-ed fan approval as a Planned Unit Development or Sub vision of the developmont project an the entiro Gr mviUe Property koowu as Pacific Place Cnorl +; ;, ,s„ Yiug County Pewflt Application 807CA270. The Pasties agree that the dneumaiMen provided to the Parties as part of said King Cotmty Permit Application. 807CO270 is as foDoWs: Setilemel Agreement, W river and Release Page 5 of8 manmentst Site Assesseuemt by Earth Consultants, Inc. dated Septawbea; 23,1997 Road 'Variance by DBM Caunsdit Ea&w= dated Febroary 19, 1998 Subdivision Gumantee by First American Title Immince Company Orft No. 345322-5 Wildlife Studyby Weld Roames, Tno. dated March 25,1998 Tavel One Drainage RepW by Bastside ConsultantsConsultants6 Inc. dated Augast 25,1997 Geotexlmical Report by J. Keith Cross, PX.,- dated May 31,1997 'Iiaffic Report by David Hamlin & Associates and subsequent adds Lovcl Two Downstream omits by DBM Consulting Engineers dated June 8,1998 0 Teoimical won Report By DBM Consulting Bn&c 3 dated October 24,1997 ® Wedand Report by Weiland Resources, be. dated July 29,1997. Des Moines' review, procesdjW. a ad -approval of said application shad be United to a demon ion that said pgad comcplies with S a `Blustrative Site Ptah" attacbcd hereto . as P.andxit . B, the Zeroing and Bu Ming Development Agnment attached hemu as ExbOxI C, and other conditions stated h=hL Moreover, Des Moores shall not review, rescind, or olherwim m Y %Vwvds Pmvously Wmited by Kmg County under said K%S Cflu31y P®it Application 807CO270. Ikoept as otherwise stated herein, Des Moines dzU finthesr said project sdaed only and gmbsitve ly, Wiftod nouodifica 00. amendnwA or addition, to Site term and conditions of the '%lusira fives Sits Plan" attached h,aeto as Bchtbit E, the Zoning and Bing Development AS=mcnt attacbed hereto as Exhibit C� and other ooaditiems stated hercm. Des Moines and Federal. Way shall not object to, dWbnM ar otherwise uM= dwkgmment of the G=vilte Pwperiy in acoorrlamee= with the ` Mu*ative Site Plan'" attached hereto as B, the Zatdng and Buil Dcvdqpm=t Ag minemt attached hereto as Tlxh'bh C, and ofim.coaftow stated therein. Provided, that Des Mains "provide Fedared Way a xgW=um of Amnenen (14) days wi8rin finch to review and eon on Dos Moertes' approval of Cua nine's Pacific Place project. 0. The and-concimom of the `Musttative Site Place" auwJied bereto as Sshu`6it B, the Zoning artd 13WIdWg Development Agceemcut attached hereto astuftibit C, and other conditions stated hem can be ameded, modfe , or changed upon the emIxess wntma approval of Granvffie (ads successors or assigns), Des Moines, and Federal Way. � �r. 000", B Settlement Agmememt, Waiver and Release Page 6 of 8 H. All process, review, and approval of subsequent applications filed relative to the entire Grranrrjlle Property, ineludmg but not lint to, grading, dramage, can=wfivn wbtcd, and building peamits, shall be by Des Mcciues and subject to 1he code, replaflow, and "Tikements of Des Mofi=, except as o62"wise sd In& in tbo t mm and conditions of the " plustrafave Site Plan„ aamrhed laeto as EXb bit B, the Zonw& and Building DaTlup=A Ag=ment attached hereto as licit C, and other candihous stated herein_ pravidvd, however, tjW Federal Way doll be given a taro weeds period following submittai to xievim and comet ff on said applica#ions, L The City of Pedeaal. Way WM dismiss its appeal now pending befiore the Wasbgwn Covert of AppeaU entitled ale am Coar. et. sLy. The City of Federal Wa% eta , Covert of Appeals for the State of WagAA A, No. 44S28- I 7, leach and every of the namsd Parties agree to }neparc�, revise, support and/or exwote plugs, notices, a nd eonu�neow sgare a mcmfs; as well as conduct andlor participate W my Public h,eminA deamed nec=UY to • babe the intent and purposes of tits Agremecrt. K Each and every one of the nab Parties agrw to support, uphold and defend This Agreement in the event of am Weal, cb&enM or la vu t sceking to sct aside, mortify, or render vdid or i[zavalid this Agreement la the event, that this Agmement is set aide, modeled, voided, or invaUdated. by a carol of lzw, G=vtlle shall be five, in its disatetion, to proceed with its application for oval under King County Pandt Application SWCO27% as Wtisliy filed. 5. AjfiwV i Sing Cow is not a sagging party to this Ag es, the County is cnwma� to support amd take actiams comsis-t�# ban ith. 6. The Parties madmvtmd surd agree that the consideration the Parties herein agree to mdertake; is the frnmt of complia= with the above -referenced condittion% constitutes the P�aties' total offer to resolve and settle any and all appeals, clams, damages or diqmtes among the Parties hm-eta stud that it is fell, complete and adequate muideration and compmaofim for each ohs awAptwfFlCC of the tam dated h=m and them no Party wdl rccdiw any other ox f m action noder the oftbs Aft a&' dram that OPPOWlY set frth hmvin.. 7. In the event of that fan= or inabrlity of the Parties to comply with the tq= and conditions of this A M4 CmnvMo shall be free, in its disraretlov, to Pmece'd with its application for approval under Kaug County Permit AppUmtton 807=70, as initially tiled In such am event, the City of Feder Way and the City of Des Moines are likewise free to comment � object to, appc►sc, cbnll®go arNer appeal devetopma►t of the die y under King Cotmty P.emait Appliraso, 807CO270, as initially filed or as fitly momed- Seamed Agoemeat, Vat= wd Release Page 7 of S S, Tbis Affeemmt may be executed in idemical. cc3tmteq=ts. For purposes of rewrding, Uk n& or pmvidwo des of this Agw=eat, the O mtmrpaxt dValm Pages (and myother pages that are speciaiiyMWjWdby the signatyxs) may be Mserted into one of the couatparts to cue a Angle orij4n or copy ofthe M ire agtC=Mt. 10. Tbis Agre=eni shall be interpreted mAe r the laws o€the State of W&ghhva oa. 11. The Parties hereby adhorim &dm attcanueyg to (1) axe the 8PpaWriate notices to effect dismissals) with pr*&ce of any MW ail appeals or claims the Parties have initiated against mY atfxer Peres) or MY PersOM covered by dais . meat and (2) t*e all necessary and proper Semis to ame that such nod= are filed on eammion of this Agmm=t 12: This shill ha, bgafheheam, and assess of the parties. Each Of the sigaat m es yqyrea ats and wmmgs that be or she has the antlxority to sign for his or her rWmmted a3 ity. 13. AWmuzYs' Fes- Shcold it he necessary for aay Party to this Agent to ini#iaft legal e ml , to adju&cge any issues ad;Amg her, the party or Parties to such legal praacce&ags who subs=fially pmc'Hil shall be; ruled to rcambasemCut of IhW y5' fees, casts, expenses and cBbmSW=3tS CmcbAing the fees and mpense.4 of evert and ftt witaesses) reasonably =wjed or made by the snbsta� pig pmtties m prTaxing to brims smt, &xIng suit, on WP4 on Petition for review. =d in mfforciug any judgment oar &Wwd, from the party or parties who do not subsuntillli►prevail 14. lie Agt'meat• This Agmemed is &e, final and Clete eLpressi.son of the agremnent of the parties on an these subjectg. This Agree may not Toe modified, inimpretea, aconended, waived or revoked orally, but only by a'nfing dpcd by all Vie- This Agreement Supersedes and rcphm= all prior agreements, discussion and ra prescumtians ou all these s*ecK all of which lr fts A�enL No party is entering into this Agre ent in are mere o iato, and wed e es, �i�� . reliance on aqY oral or w�itt�eu pxnnair�, induc in#�tions or agrcemeom other' thaw. tie contained in this Agreement aad the ExbIrits hWeto. 15. The Parties a6m,o wiedge dt they bave had fall MOXttmity to =-nCW, coin-fer, and discros this with legal camxIrl Md jhs# their' �w legai comisel has advised that this Agree meat is valid, � and leggy in all mpe� =4 that the modemg�ned irdivk t�sve fail an& xdty to cxwnte Vs AZM==Dt on lxdu f of 1 he r%peekiv+e Parties. 16. No Admission. ldothiug comtauted in this Agreement shalt con.sdtft an a�-aun of crave, wrvogdoing, liabMity, or any other kk4u by any of 6w parties to this 'mt or by any persons or erfities released or covea-'ed by NA Agroaa ot; puvidek however, it is exp=ly wdmtaad ll Settlement Agreement Waiver and Release Pap 8 of 9 and agreed tiat this pmvgrapll shall in no way bar may party from Sib* a clabm, demand, or lawsuit for sie6fie pew of&e tee and cmditivms of this AgreemBt or for damages arising out of breaeb o1'the teems and condilims of this Agrm meut. DATM ibis da For Donald and Marie Tanis= i For )efendanV mdent C& s MM.ism. A 2V � �k - 7� 4�', .At"- 1he 1 1 : 1 ■11 of 1L City .MH at an David M 7, Its City _ At ft ca of the Federal Way Coca& at an Opm Public Meeting cn ZJ'I! ly A I]smll S. h ibmaga, WREL& 12992 Reed McClure, Att=cys for Appella}ata Cramville - Southern Co=porntio% and Domald and Marie-Tavis Marie Tanis Da�erx; � Gary Iles Moimm City AU=ey 2163011' Avenue South, Suite C Des Mbfi m, WA 99198 Appaoved: Bob C. 8tcLbaWr, WSBA No.19514 Federal Ways CityAttoraey 33530 Ifs& Way Soatb Federa WRY, WA 98003-5006 wit A - DEC Gr=vL-& Sonffitem Corpomtiont Dondd and NDaie Tav% md tie atks of Do bfomes, and FodaQ Way FARML A.: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SoUnlEAff QUARTER OF �l�OarP�d A TOE 22 NORTH, RANGE 4 'T, W�y�,�GT FWMITKAWC2 THAT poRTION OF THE NORTH 219.74 FEET' OF THE NORTHVMgr QUARTER OF TEIE SOiTMT QUARTER OFSEMON33, TOW M 22 NORM RA CM 4 FAST, W,INMG COUNTY, WASHINGTON, LYING WEST OF STATE HiGIAve THAT POR110N OF TUE SO= 219.70 NMI OF THE NORTH 439AO FEET OF THE NORTHWEST QUARTER OF THE SOFT QUARTER OF SEMON 33, TOWN'SHP 22 NOR.T]H, RANGE 4 FWW, WM,1N K'NG COUNTY' WASHNGTON' L,DNG W rRi€ Y OF grAT+E ROAD NO 1(PACMC 1RGHWAY SOUTH). - PARCEL D: THE SOU M 219.74 FEff OF THE NORTH HAU OF TM NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LYING WEST OF THE STATE ROAD, SEC1i`ION 33, TO'NSH1 p 22 NORTH, R NGE 4 FAT, WJd o IN ElKG.GOUN'TY, WA,SHINGTON. 1"Act .n I 0 e2V s p i € l ,7�YS 417E >ihibit C . .� i 1 n i r � .ill �� r •n i7 Olk biAu . •� i� .� :� T.': ' r (1) Zoning shall be RA 3600; (2) Development BWE be processed and approved as a Ply Unit Development ar Subdivision pursuant to Dw Moms Code eondsua with the teams and conditions set forth herein and the Sett]emeut Agty Waivear, and Release to which this docent is appemded as Exhi At C. (3) Except as ud=wm stated hamn, the number of unitsRots shall not exceed 84 conmduig of a mix of 21 siq&-family redden=, 30 duplexM and ii triplex. The mix of single- -family reddens duplexes and triplexes shall be subject to nor modifienuon at the . requeg of rho Applic mn. subject to the approval of Des 1►► dnm and Fo aftal Way, as W-dud in paragraph (17) belowpup of each unitilat shall be in. fee simple o�avttearship. (4) The number, location, type, canfigmflom, and size of units and iota; size, location and cmfigamon of detention; roadway location, width, and Imgth;.buffers; general layout; apen space; and all tither impzOoz=ts smffl be as depicW in the Iffimtrabve Site Plan, dated March 17. 2000, pmpamd by Fe tersou Cansulnug lmgineem wxler Job Number CCPi-4iU01 and attached as Exhilut B CTImtrabve She Plan') to the Settlement .A,greomnt, Waver, and Release to wblch this d wmm is attached as Bxhibit C. Muor devbtL= fw= said Mustracd Site Plan mazy occur subject to the approval of Des Moines and moral Way, provided that the number of lass, units, and building sites shall mmin =changed, except *AA the number of lots, units, and buidmg sites may be mdumd, at Ibc sole &=Wc m of the applicant. Ua detention, drainage, and road layout reflemed in tls+ Musttative Site Plan may also be d mS4 subject to approval by the City of Des Moines and the Laity of Federal Way. se is caof cooflicts between the Mustrafive Sitc Plan and Des Mamas' or Federal Way's zoAnb g, Codes, mgalabons, and had use canuols, fts Zoning and Do velopnsmt Agreement and the I gustrative Site Plan shall. control. (5) The City of Des Manes shall provide the City of Fadmil Way a minim= of fourteen (14) days within which to review and cat an the Mush-ative Site Plan prior r to the City of Des Moines' aMuval of the Pacific Place Planned Unit Development Prior to approvd, the City of Des Moines shall also provide the City of Federal Way a minimum of fbms mn (14) days within which to review and comment on any applications for building permits for individwl buildingsJlots within that poitom of the Granville Property contoured within the City of Federal Way PAA, as defined by the PAA IhUdocal Agrcemeant between the City of Des Moines and the City of Pedezal Way in effect at the time of any application for a bwldiang pert on any lot locates on the east side of &L Avenge South. To imple=t this pwagWh, the City of Ues Moines shall provide copies of the Blvstzative Site Plan, or building pwait application, as applicable, r ! r� to the G9t3r of Fedmral Way, and the 14-day review and comment period shall cammeBce upon Fedeaal'p{iW5 =O ipt of the Plan or application, as applicable_ (6) The City of Des Moines shall WM& to the City of Peaieral way 15% of the application fee ammmt chaffed to the applicant for any building permit for lots on the Granville Pity and located east of 1P Avenm $oadx. I>wym=t to Radexal way shall be made within 80 days of Des Moines' receipt of the €ee from the appliumt. (7) IP Ave. S. as depicted in said Illustrative Site Plan shall be dexiicated to the City of Des Moines as a pubfic street; (8) Development applications that axe comsistcut with the tWW of ttds develoP mceant sgmmmt doR be deeniod to have - incorporated dedp considemdous and mitigation ameasus that we suftimt to ar dd probable, deafficant eAVhQnHznW JMP w sedordilgiy, s„cb applic a itm shall be subject to imnance of an INNS, -witb no additional conditions other than as suet foa#h herein, and no EIS will be required; (9) Fmvious sWdies related to wednds and drainage on the site prepared and submitted to Meg Ommty under ling Co€iuLy Permit Apphcadou 807CO270 shall be d6emed fuUY adequate and stdfiCient and A& be used. No add idonai studies shall be mpi ed. • The Partie* age that the docaamentatian proAded to the Parties as part of said Sing County Pmsit Application 907CO270 is as follows: Enva�ttal Site Apt by Fes► Constaltamts, Ine~ dated Sqember 23,1997 Road V2n2am byDBM Consd[ting Pam deed lFehr wy 19,1998 subdivision Guarantee by Brat Auimican Titie InmWmze Company oiler no. 345322=5 Wi7dkfc study by Wetland Rescues, Inc. dated M mch 25,1998 Level Ouo Ihmi age Rcpow# by Ba=dc Consuhnis, 16c. dated August 25,1997 Gwwdmical Repmatby 7 Keith Cross, P.E., datedMay 31,1997 Txaffc Report by David Hamlin & Associates and subsequent addeudwxm i.evel Two Dnwnstrwm Analysis by DBM Consulting Fm&ms dated Mime 8,1.998 Techmical Information Rat By DBM ConsWtmg sneers dated. 0cwber 24.1997 Wetland Repart by Wedand Resomces. Tnm datod lady 29.1997. (10) The I,evol 2 Plow Control Standard., as defsned in the 1998 Sing County SUAM WatOr Aga Mmuai, shall apply to detention f ahties ft the project,. No do matream analysis"be XOgWzed. 'Ibe 65twtion facx-lities for the project shall. only zed to meet additional drainage dammds created by this pmj%L This proj= shall not be �'ble for solving pree,utfstin9 drainage ias►Qes faced by downhill prwpeM owners; (11) Sc hmi impact fas (for Fe&W Way School Dishict) will be collocted; (12) WSWT must approve to wiitiug) any and all enttan= and exits proposed tOfft m Iliighway 99; pcovidcd, however,. that Applicant agrees not to seek approval for such eatrauces and/or exits to or from Highway 99 ffom the GmvxUe Property; (13) The marwt sm wM be demolished if the properly Upon which it is located in included within the project; (14) ,ne City of Des Moines sill aWly, and tim applicant and its successom, heirs mad assigns shall comply with, the City of Feral Way sign code, Federal Way City Code Sons 2.2-1596 — 22-1629, or as amen" with respect to that portion of the Grm%ille hop mV within the City of Baal, 'Ways PAX as defined by - the PA A h*docal Aft preen the City of Des Moines and ft City of Fedearai Way in effect at the t o Gaamvn7le or its successors, heirs or assigns seek w eonstntet or install any sign. (lS) 'Ibe City of Des Moines shall apply, and the applicant shall comply with, the City of Fedmal Way street developmmt dements for that pmb nn of Pacific Oghway South. �g the GMvdlc Property, FKovided, howev", that the applicant shall not be inquired to coastrad stxW it vcrae ft %r Ibm pnrtimn Pacific FFighway South. To mitigarft the kafc nano wts from the Pacific Kam- devedopm at, howevea, C=vllle shall: da the foIlovving: (a) Pay its pa+a Drama share of the cost of the fture Trawpo nation unpmvcmemt project known as SR 99 from S. 28e to S. 27 . which pro rata shm is .may deteamined to be $21,000., Said payment. shall be, maw to do City of Fed=W Way at the time omviIde v=eivc& finai planned Unit Development or Subdfvisicm approval ftnnn tine City of Des Moinee and the cxpirafion of all aped -.cable apPegl mods. Pc7r uant to Fla sl Way City Code Socum 19- 46(b)(5), frac a period of twenty (28) 'Yms fmffi the date of this, Apemmt, wade henebl► waives for itself and its -s momons and ass-gns the right to any refund of its pro rata share of the SR 99 from S. max to S. 27:2'd. (b) pay its pm rats shue of the cost of the Tip ]mown as S_ 288& 1 SR 99 lnterse Ov hupmvenmts, which pro rata share is hereby detemined to be $21,00[i Said payanent shaA be made to the City of redeml Way at the thm G=uv lle teceaves final Inarmed dolt I)VVCJOP=t Wpa VV4 ftu n the City of Des Mains and tbo expimfian of all applic aMo meal periods. [NoW: I added this to clatify tuning of payment V�Wwant to pedeW Way City Cods Section. 1946(b)(5), for apeood of Wven (7) years from tine crate of CjUvMe heathy waives for itseN and -its successm and assign tine right to YMof its prro rota share of the S. 28e 1 SR 99 ins b4WO`V mends. (e) As part of the Fadfic Pace Planned unit cievrl,vpment, dedica-fe to the City of Federal Way a 15-foot night.--of=way along the east bomndary of the Comville Ppopedy lying im xAia4ely x#accm to and fronting along Pacific highway South. )provided, that arch tigbt-of-way dediaioa may. at the sole disccdan of Granville, oont& a reversionary clause, candng the dedicated propmty, or any pordon thereof, to revert back, be re -conveyed, ox- 66=Wise tffinsfezred to Granville. its hairs, successors, and assigns in the event that the City of Federal Way detcm3ines, in its sole discretion, that the dedicated property, or any portimi thermf, is nit needed for right -of way puxpoM at the time of canstnucdon of the SR 99 S. 2Nh — S. 271' TIF. (163 In recognition of .reaff a Wpm dedication its o26tomardy u npored by the City of Dcs Moires, the City of Des Moines eaGpmmly agrees that G3ranYa7le shall be givea frail cndit for the total ssqure forge of the 10400t wide casement grsnied fat- won of the walkway mmv ntdmg the wetland located in the middle of said psojed and the costs of «ansttuction for the; sidewalk along said walkway. (17) in defete= to th-, recreation space improvement req&=mts cwtomaraY imposed by the City of Des IAoines, GranyAle shall make a one -tame payment in the amonut of $47,5W.00 to the City of Des Moines. As consideration for Gramville's agmemmi tO make the " payment of $47,5O3 00, the [pity of Des Momes agr = to increase lbo muw3m. number of units allowed by cue, to - 85, vvbi& the Applitcaant, its it We &moved m, cm 2W9 to ante to 2mg%-fRmUy umdeoce, duM, or tdplcm: PMd4 however, if Ciacauv lle is unable oar chows not to fo Maft tine MMLirn= num>W of lots in ft Einar plan to SS, it shall only be respourdble. for mal M a ane-time Payment in the ammat of $35,000.00 to the City of Des Moines as its W itPticrn fee for v=eadca space far said payment, if applicable, and wdtwn coon in the form of an ammded site plan rdlec:dng (iranvlle's decision =VnxYug the final number of units and tb►exc find pit and conSgmudon, shall be made on or before the date on which ft Des Moines City Cooncf1 is gheduled to vote on CmvMe's lrmposed ]Planned Unit Dcvelnlxn=t as desc n-'bed Mira.. Sand payment, how6ver, sfiRIl not be doe until final approval of the Pied gait Development or Subdivis m as descn'bed'berein andthe expirafioin of all apt periods. (18) At the time, of consatuction of 15" Avenue South, Gran nUe shall iustali nmffic cahniag devices, in the form of speed humps, on 15a` Anus South within the pwposed Pacific; Place site and within the Appluwciod smhdivisim- The number, location and design of the steed humps shall be as dw ined by the 01Y of Des � and city o a] May Public'WojjmIirectom. and act forth by GranYMe on the enginccti€ug 1 rftiom plans for 15'h Aveenue South. (19) No mitigafiom fees or improvements shall be xeqWxed as a conditicm of appfoval of the pj&Ux d Unit Devclopnmt by 1he city of Din Moines, except as set foiih herein, provided. however, that this agmwnt does not alter or vraive GraieviWs lcgat obbgat%an to comply with any and all applicable laws xegardmg bnPad % uqmscd by the Federal Way School District.