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
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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.