The URL can be used to link to this page

18-1013741�kCITY OF Federal flay Centered On Opportunity May 10, 2018 FILE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor Pat Hopper, Assistant Planner Email: phopper@barjziiausen.com Barghausen Consulting Engineers 18215 72"d Avenue South Kent, WA 98032 RE: File #18-101374-00-SU; BLA APPROVAL Jacksons Food Store,1520 S. 3481h St. & 34713 161h Ave. S., Federal Way Dear Mr. Hopper: The City of Federal Way has completed an administrative review of the Boundary Line Adjustment (BLA) application to remove the interior lot line between tax parcels 889700-0095 and 889700-0115. An existing vehicle servicing station and carwash currently occupy the site and they will be demolished. The city issued land use approval for a new Jacksons Food Store on the site via File #17-105138-00-UP. The Department of Community Development hereby approves the BLA with conditions based on the survey drawing and lot closures prepared by Barghausen Consulting Engineers, Inc., resubmitted on May 2, 2018. BACKGROUND The applicant proposes to alter the interior lot lines between two lots in the Commercial Enterprise (CE) zone in order to accommodate a new convenience store, gas pumps, canopy and an accessory storage building. Existing Parcel A is 21,966 square feet in size and existing Parcel B is 23,732 square feet. The proposal will combine existing Parcel A and B, resulting in new Parcel A (45,698 square feet/1.04 acres). During site development, 18 feet of right-of-way will be dedicated to the city along 161h Avenue South, reducing the area of new Parcel A. DECISIONAL CRITERIA City staff has determined the BLA meets decisional criteria set forth in Federal Way Revised Code (FWRC) Chapter 18.10: 1. The BLA is a minor alteration in the location of lot boundaries on existing lots. The BLA will not increase the number of lots, nor diminish the size of open space or other protected environments. 2. The BLA will not diminish the size of any lot so as to result in a lot of less square footage than required in the CE zoning district. 3. The BLA will not result in the reduction of setbacks or site coverage to less than prescribed in the CE zoning district. Mr. Hopper May 10, 2018 Page 2 of 2 4. All lots resulting from the BLA will be in conformance with the design standards of the city's subdivision title. CONDITIONS OF APPROVAL 1. The applicant shall record the boundary line adjustment prior to bui ing permit issuance for Jacksons Food Store No. 636 (city file no. 17-105138-00-UP 2. Revise the project file number on the final documents to 18-101374-00ZS1`]. RECORDING Pursuant to FWRC 18.10.060, all BLAs shall be recorded with the King County Division of Elections and Records. To finalize the BLA process, please use the enclosed Resubmittal Information form and submit to the Permit Center one signed and notarized drawing (mylar or paper), and two paper copies of the signed/notarized drawing for city signatures. Please note: Per state law, on the drawing all signatures and writing shall be made with permanent black ink, including notary stamps. After city signatures are obtained, the applicant must record the BLA with King County. Please return one conformed copy to the city immediately after recording. No changes to the BLA document are allowed following city signature. If the county recording process necessitates revisions to the BLA map, you must request and receive approval of any change from city staff prior to recording. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. If you have any questions regarding this decision, please contact Associate Planner Leila Willoughby -Oakes at 253-835-2644, or leila.willoughby- oakes@,citwffederalway.com. Sincerely, i ft-ri'an Davis Community Development Director enc: Resubmittal Information Form Approved BLA Map c: Joel Howitt, Project Manager, Barghausen Consulting Engineers, ihowittbarehausen..com Jack Davis, Jacksons Food Stores, iack,davis@iacksons.com Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Peter Lawrence, Plans Examiner, via email 18-101374-00-SU Doc. iD. 77518 1�kCITY OF <k. Federal Way Centered on Oppo rtunity tui36%/ April 20, 2018 Pat Hopper Barghausen Consulting Engineers 18215 72"d Avenue South Kent, WA 98032 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityofiederalway, com Jim Ferrell, Mayor Email: ho er bar hausen.com RE: File #18-101368-00-SU; NOTICE OF COMPLETE APPLICATION/TECHNICAL COMMENTS Jacksons Food Store No. 636, 1520 S. 348`h St. & 34713 16`h Ave. S., Federal Way Dear Mr. Hopper: The City of Federal Way's Community Development Department is in receipt of your March 28, 2018, Boundary Line Adjustment (BLA) application submittal proposing to adjust the boundary line between King County tax parcel numbers 889700-01 I 5 and 889700-0095. Pursuant to Federal Way Revised Code (FWRC) 18.10.040, within 28 days of receiving a BLA application the city shall determine whether all information and documentation required for a complete application has been submitted. NOTICE OF COMPLETE APPLICATION Please consider this correspondence as a Notice of Complete Application. The application is deemed complete as of April 20, 2018, based on a review of your submittal relative to those requirements as set out in FWRC 18,10.030. The submittal requirements are not intended to determine if an application conforms to the City of Federal Way codes; they are used only to determine if all required materials have been submitted. Formal processing and review of your application will now begin; please find city comments below. A 120-day time line for reviewing the BLA application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120-day time line can be stopped any time the city requests corrections and/or additional information. TECHNICAL COMMENTS Planning Division (Leila W-Oakes, 253-835-2644, leila.willoughby-oakes@cityoffederalway.com) A review of the material you submitted identifies the following items below must be addressed before Planning Division approval. Planning Manager Doc Hansen has authorized payment of the Lot Line Elimination (LLE) application fee, if the applicant submits application materials pursuant to BLA Submittal Bulletin 4038. The King County Recorder's Office does not recognize the city's LLE process on the official county mapping. However, the interior legal lot line must be permanently removed in order to construct the convenience store and accessory building approved per city file no. I7-15I38-00-UP. 1. Please find BLA drawing redlines enclosed. a. Label abutting parcels addresses if available. b. Depict both sides of roads from the center -line. C. Provide a scaled vicinity map. d. Use City's approved title block (contact Ann Dower, Ann.Dower ci offederalwa .com), Mr. Hopper April 20, 2018 Page 2 of 2 2. Add the city project number to all pages: 18-101374-04-SU- 3. provide lot closure calculationof new and old lot to building perm ons sealed by a PLS. issuance for the Jackso Food Store and accessory 4. The BLA shall be recorded prior building by the applicant at the King County Recorder's Office. 5, provide the name of the property owner's signator under the appropriate signature line and the articles of incorporation for Pacwest Energy, LLC . 6. South King Fire &Rescue, I..akehaven, PW Traffic and Development Services Divisions have no comments. 7. Please ensure the Permit Center does not date stamp the final BLA document submitted for recording. RECORDING Once the BLA map revisions are aadeWR� after the Community all BLLAts 11 be record cord dew with the King County administrative decision, pursuant Division. of Elections and Records. To finalize the oneEsigned and notarized drawing (mylar orocess, please use the enclosed rpaper), and mittal information form and submit to the Permit Center two paper copies of the signed/notarized drawing for city signatures. for The signed mylar original BLA documents will brouted ase note: per state lawate City , the dralw�uxg all We will provide you the two mylar originals when signatures and writing shall be made with permanent black ink, including notary stamps. inal to The applicant will be recording the BLA. Please the Community Development Department, imed recorded mylar mmediately Associate Planner Leila Willoughby -Oakes after recording. No changes to the BLA document are allowed following request City signature. approval of any recording proCess necessitates revisions to the BLA map, y changes from City staff prior to recording. CLOSING ired revisions for staff review. Once the revisions are processed, Please resubmit the requ de three paper routed by staff and you are in receipt of a preliminary BLA approval letter, please pro losures ons copies of the BLA document and two copies of the mittel fQi to the Permit Center.Thecity will dated and signed by the surveyor, with the enclosed res an administrative decision upon providing additional information. If you have any questions regarding this letter or your application, please feel free to contact me at leila.willau hb -akes citvoffderalwa .com or 253-835-2644. Sincerely, Leila Willoughby-L'fa es Associate Planner King County Recording Requirements enc: Resubmittal Form BLA Drawing Redlines c: Joel Rowitt,13arghausen Engineers, iliowitt cr bareh�com Jack Davis, Jacksons Food Stores, 'ack.davis�i?'acksons.com Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Peter Lawrence, Plans Examiner, via email Doc. M 77521 18-101374-00-SU RESUBMITTED MAY L 0 7 2018 DEPARTMENTOF CDrV MUNITY DEVELONNIEN r SERVICES ;! 33325 8`h Avenue South CITY of -=„ Cf7}+' 0 Federal Way; WA 98003-6325 Federal Way"1b"`r'+1)� DMZ,-253-835-2L,_ Fax 253-835-2509 �t Wit ,CI i VUfICdL'Tt31waV.Com RESUBMITTAL INFORMATION This completed form MUS T accompany a// resubmitta/s. "*Please note: Additional or revised plans or documents for an active project ! vil! not be accepted unless accompanied 6y this completed form. Mailed resubmittals that do not include this for or that do not contain the correct number of copies yvill be returned or discarded, You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting ifynu are not sure about the number ofeopies required. ** ANY CHANGES TO DRAWINGS MUST BE CLOUDED. Project Number Project Name: Project Address: 1 !�d 0 c? �g 1� WAh.44,,,_ -A C-1-1, CA Project Contact: Phone: RESUBMITTED ITEMS: # of Copies ** L Lvt r_ Os -,VGS a 5NJ'Jc s Detailed Description of Item 1 vpya -11111 me same nu'm Ib Ielrofcopies as required foryourinitial application.** G" Resubmittal Requested by: �� 'fl.11 ¢ ad to em Letter Dated: RESUB #- De tlDiv Name Buildin Plannin L6\ PW Fire Other Bulletin #129—January 1, 2011 OFFICE USE QNL Y Distribution Date: -Z- Page 1 of 1 k M andouts\Resu bmi tta l Information iW4 RESU13MI TED Name: EXISTING PARCEL A MAY 0 2 2018 .........................."'.'. North: 109450.6173' East: 12718$ OF FEDERA WAY Name: NEW PARCEL A ��Nl-iy DEVELOPMENT Segment #1 : Line North: 109289.0370' East: 1272398.4519' Course: S88°39'09"E Length: 150.10' Segment #1 : Line North:109447.0876' East:1272036.6253' Course: N88°39'09"W Length: 150.10' North:109292.5668' East:1272248.3935' Segment #2 : Line Course: S01 "34'18"W Length: 158.11' North:109289.0370' East:1272032.2887' Segment #3 : Line Course: N88'39'09'W Length: 150.10' North:109292.5668' East:1271882.2303' Segment #4 : Line Course: N01 "34'18"E Length: 158.11' North:109450.6173' East:1271886.5668' Perimeter. 616.42' Area: 23732 Sq. Ft. Error Closure: 0.0000 Course: N00'00'00"E Error North: 0.00000 East: 0.00000 Precision 1:616420000.00 Name: EXISTING PARCEL B North:109458.0214' East:1271750.8482' Segment #1 : Line Course: N01 "31'59"E Length: 79.05' North:109537.0431' East:1271752.9631' Segment #2 : Line Course: S88'39'09"E Length: 277.91' North:109530.5077' East:1272030.7962' Segment #3 : Line Course: S01 "34'18"W Length: 79.05' North:109451.4875' East:1272028.6281' Segment #4 : Line Course: N88'39'09"W Length: 277.86' North:109458.0217' East:1271750.8449' Perimeter. 713.87' Area: 21966 Sq. Ft. Error Closure: 0.0033 Course: N85'19'11"W Error North: 0.00027 East:-0.00327 Precision 1:216324.24 Segment #2 : Line Course: N01°34'18"E Length: 158.11' North:109450.6173' East:1272252.7300' Segment #3 : Line Course: N88'39'09"W Length: 135.76' North:109453.8099' East:1272117.0075' Segment #4 : Line Course: N01'31'59"E Length: 79.05' North:109532.8316' East:1272119.1224' Segment #5 : Line Course: S88'39'09"E Length: 277.91' North:109526.2962' East:1272396.9556' Segment #6 : Line Course: S01'34'18'W Length: 79.05' North:109447.2759' East:1272394.7874' Segment #7 : Line Course: S88'39'09"E Length: 8.00' North:109447.0878' East:1272402.7852' Segment #8 : Line Course: S01'34'18"W Length: 158.11' North:109289.0373' East:1272398.4487' Perimeter: 1046.09' Area: 45699 Sq. Ft. Error Closure: 0.0033 Course: N85'19'11"W Error North: 0.00027 East:-0.00327 Precision 1:316996.97 Owen Hille, Barghausen Consulting Engineers, Inc. RE: Responses to Notice of Complete Application / Technical Comments Jacksons Food Store Boundary Line Adjustment 1520 South 348th Street, Federal Way, Washington 90003 and 34713 - 16th Avenue South, Federal Way, Washington 90003 City of Federal Way File No. 18-101368-00-SU Jacksons Food Store No. 636 / Our Job No. 17764 Dear Ms. Willoughby -Oakes: The hand written notes on sheet 3 of 3 of the City of Federal Way redlines asked that we remove title notes regarding existing field conditions (fences) which still existed as of our last field visit. I have added notes to the affect that these will be taken care of in the future but have left them on the survey as they still exist in the field. All existing Special Exceptions are still shown per the current title report we have been given. It is outside of my legal responsibilities to make any decisions to remove information from title. It would be up to the issuing title company to determine if any items will no longer be relevant or should be extinguished. Thank You, ICJ Owen Hille Project Surveyor M GHAC Sfi ��z RESUEII111TTEDMav 1, 2018 �r'6 1^EKC-"'le Hand Delivery MAY 0 2 2018 (253) 835-2644 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT Ms. Leila Willoughby -Oakes Associate Planner City of Federal Way Community Development Department 33325 - 8th Avenue South Federal Way, WA 98003 CIVIL ENGINEERING, LAND PLANNING, SURVEYING RE: Responses to Notice of Complete Application/Technical Comments Jacksons Food Store - Boundary Line Adjustment 1520 South 348th Street, Federal Way, Washington 90003 and 34713 - 16th Avenue South, Federal Way, Washington 90003 City of Federal Way File No. 18-101368-00-SU Jacksons Food Store No. 636 / Our Job No. 17764 Dear Ms. Willoughby -Oakes: We have revised the plans and technical documents for the above -referenced project in accordance with your Notice of Complete Application/Technical Comments letter dated April 20, 2018. Enclosed are the following documents for your review and approval: 1. One (1) completed City of Federal Way Resubmittal Information form. 2. Six (6) copies of the revised Boundary Line Adjustment Map prepared by Barghausen Consulting Engineers, Inc. dated April 25th, 2018. 3. Two (2) copies of the Professional Land Surveyor's signed and sealed Lot Closure report. 4. Two (2) copies of the Professional Land Surveyor's letter. 5. One (1) set of the original Boundary Line Adjustment map redlines. The following outline provides each of the comments in italics exactly as written, along with a narrative response describing how each comment was addressed: NOTICE OF COMPLETE APPLICATION Please consider this correspondence as a Notice of Complete Application. The application is deemed complete as of April 20, 2018, based on a review of your submittal relative to those requirements as set out in FWRC 18.10.030. The submittal requirements are not intended to determine if an application conforms to the City of Federal Way codes; they are used only to determine if all required materials have been submitted. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES • TUMWATER, WA • KLAMATH FALLS, OR • LONG BEACH, CA • ROSEVILLE, CA • SAN DIEGO, CA www.barghausen.com Ms. Leila Willoughby -Oakes Associate Planner City of Federal Way Community Development Department -2- May 1, 2018 Formal processing and review of your application will now begin; please find city comments below. A 120-day time line for reviewing the BLA application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120-day time line can be stopped any time the city requests corrections and/or additional information. Response: Acknowledged. TECHNICAL COMMENTS Planning Division (Leila W-Oakes, 253-835-2644, leila. willoughby-oakes @cityoffederalway.com) A review of the material you submitted identifies the following items below must be addressed before Planning Division approval. Planning Manager Doc Hansen has authorized payment of the Lot Line Elimination (LLE) application fee, if the applicant submits application materials pursuant to BLA Submittal Bulletin #038. The King County Recorder's Office does not recognize the city's LLE process on the official county mapping. However, the interior legal lot line must be permanently removed in order to construct the convenience store and accessory building approved per city file no. 17-15138-00-UP. 1. Please find BLA drawing redlines enclosed. a. Label abutting parcels addresses if available. Response: The addresses for the abutting parcels have been added. b. Depict both sides of roads from the center -line. Response: Easterly right-of-way of 16th Avenue South shown. Southerly right-of-way of South 348th Street is 140 feet from the shown centerline of South 348th Street noted on Sheet 2 of 3. c. Provide a scaled vicinity map. Response: A scaled vicinity map has been added. d. Use City's approved title block (contact Ann Dower, Ann.Dower@ cityoffederalway.com). Response: We have tried to contact Ann Dower via email to receive the City's approved title block, but she hasn't responded as of yet. 2. Add the city project number to all pages: 18-101374-00-SU. Response: The City project number has been added to all sheets. Ms. Leila Willoughby -Oakes Associate Planner City of Federal Way Community Development Department - 3 - May 1, 2018 3. Provide lot closure calculation of new and old lot configurations sealed by a PLS. Response: Lot closures of both old and new lots, stamped and signed by the project's Professional Land Surveyor, are being provided with this resubmittal. 4. The BLA shall be recorded prior to building permit issuance for the Jacksons Food Store and accessory building by the applicant at the King County Recorder's Office. Response: Acknowledged. 5. Provide the name of the property owner's signator under the appropriate signature line and the articles of incorporation for Pacwest Energy, LLC. Response: This name will be filled in at the time of signing as we are not sure at this time who the signatory will be. 6. South King Fire & Rescue, Lakehaven, PW Traffic and Development Services Divisions have no comments. Response: Acknowledged. 7. Please ensure the Permit Center does not date stamp the final BLA document submitted for recording. Response: We will put a note on the final drawings not to date stamp at the time of intake. We believe that the above responses, together with the enclosed revised plans and technical documents, address all of the comments in your Notice of Complete Application/Technical Comments letter dated April 20, 2018. Please review and approve the enclosed at your earliest convenience. Please contact me at (425) 251-6222 or at phopper@barghausen.com with any questions or if you require additional information. Thank you. Sincerely, A, /1*__1 Pat Hopper Assistant Planner PH/lb 17764c.011.docx enc: As Noted cc: Scott Stom, Jacksons Food Stores, Inc. Jay S. Grubb, Barghausen Consulting Engineers, Inc. Caryl J. Pinner, Barghausen Consulting Engineers, Inc. Joel A. Howitt, Barghausen Consulting Engineers, Inc. Jeremy Irving, Barghausen Consulting Engineers, Inc. Kimberly Anderson, Barghausen Consulting Engineers, Inc. R E S V B M I TT E D DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8`h Avenue South CITY OF JUL 18 2018 Federal Way, WA 98003 6325 253-835-2607;Fax 253-835-2609 wwn�.ci! offederalwa .cum �' ra a� �. UNTY ��iaPMENT RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. **Please note: Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting if you are not sure about the number of copies required. ** ANYCHANGES TO DRAW/NGS MUST BE CLOUDED. Project Number: - [ ( -�; I A - P p - } Project Name: Project Address: (4570 4. 4� • Y1 Project Contact: Z ffmPhone:. �f bZ RESUBMITTED ITEMS- ** Always submit the same number of copies as required for your initial application.** Resubmittal Requested by, LVIL r '^ tter Dated: —(Sl-a em er OFFICE USE ONLY RESUB #.- Distribution Date. � c� ( � De t/Div Name # Description gel Buildin Planning?i PW Fire Other Bulletin #129 — January 1, 2011 Page 1 of 1 k:\Handouts\Resubxnittal Information Mry4��GHAIjNs' f7 U (TINe i P400Ff Ms. Leila Willoughby -Oakes Associate Planner City of Federal Way Community Development Department Planning Division 33325 8th Avenue South Federal Way, WA 98003 July 18, 2018 Hand Delivery RE: Boundary Line Adjustment Application Submittal Jacksons Food Store 1520 South 348th Street, Federal Way, Washington 90003 Jacksons Food Store No. 636 / BCE Job no. 17764 Dear Ms. Willoughby -Oakes: CIVIL ENGINEERING, LAND PLANNING, SURVEYING On behalf of PacWest Energy, LLC, d.b.a. Jacksons Food Stores, Inc., Barghausen Consulting Engineers, Inc. respectfully submits the attached signed Boundary Line Adjustment Application for Jacksons Food Store No. 636 located at the above -referenced address for the City's approval signature prior to recording with King County. Enclosed for your review are the following items: 1. One (1) original, signed Boundary Line Adjustment prepared by Barghausen Consulting Engineers, Inc. dated May 17, 2018 2. Three (3) copies of the signed Boundary Line Adjustment We understand that the enclosed materials comprise a complete Boundary Line Adjustment package for the City's approval signature. Please contact meat (425) 251-6222 or at phopper@barghausen.com with any questions or if you require additional information. Thank you! Si rely, Y Hopper Assistant Planner PH/lb 17764c.013.docx enc: As Noted RESUBMITTED cc: Scott Stom, Jacksons Food Stores, Inc. Jay S. Grubb, Barghausen Consulting Engineers, Inc. JUL 8 z01� Joel A. Howitt, Barghausen Consulting Engineers, Inc. Caryl J. Pinner, Barghausen Consulting Engineers, Inc. Jeremy Irving, Barghausen Consulting Engineers, Inc. CITY OF FEDEI;A.L WAY Kimberly Anderson, Barghausen Consulting Engineers, Inc. rZMMUNITY DEVELOPMENT 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES • TUMWATER, WA • KLAMATH FALLS, OR • LONG BEACH, CA • ROSEVILLE, CA • SAN DIEGO, CA www.barghausen.com Joel Howitt From: Leila Willoughby -Oakes <Leila.Willoughby- RESUBMITTEDOakes@cityoffederalway.com> JUL 18 2818 Sent: Thursday, June 28, 2018 4:00 PM Cl1Y OF FEDERA WAY To: Joel Howitt COMMUNITY DEVELOPMENT Cc: Caryl Pinner; Pat Hopper; Kim Anderson Subject: RE: Federal Way Jackson's BLA (BCE #17764) Hey Joel, Here's what Jim sent to an applicant for a final plat recently. I think Jackson's has some redlines on the approval so make sure to include those. If you don't have them I'm sure I can look for them. I think the city file no. was incorrect. The applicant runs down the recording to Seattle now. Let me know if you have any other questions. Cheers, Leila L. Willoughby -Oakes Associate Planner FEtr w Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 www.cityoffedera Tway.corn Land Use Applications: htt@:LLwww.cityoffederalway.com/index.aspx?nid=481 Planner on Duty: 253-835-2655 1 Plnainquiry@cityoffederaiway.com We have a new process at the City, the applicant will be doing the recording. You can submit signed notarized stamped final plat to the City at any time. Make sure to include a resubmittal sheet, and inform the Development Specialists at the permit center to not stamp in the BLA documents. Mylar or paper? Either. Paper drawings with original signatures are now acceptable. Remember, black ink only. Please ensure the location map is clear. One original (mylar or paper, with wet stamps) and three (signed) paper copies for BLAB all in black ink. (If you would rather just provide the City with one original for City signatures (please allow for 48-72 hrs for Directors), then make copies of the original before recording, that is also acceptable). 1 A conformed copy must be provided to the City immediately after recording. If any changes to the plat map are requested/required by the Assessor Treasurer before recording, the City needs to be informed of and approve these changes before they are made as this is changing a document that has been signed by City officials. No other changes to the final plat map may be made after City signatures. We will need a current title report / plat certificate to verify current ownership, as the report on file with the City is more than 90 days old- you can scan this directly to me (I'm guessing the property to the north has changed hands now?). From: Joel Howitt [mailto:jhowitt@barghausen.com] Sent: Thursday, June 28, 2018 3:47 PM To: Leila Willoughby -Oakes Cc: Caryl Pinner; Pat Hopper; Kim Anderson Subject: RE: Federal Way Jackson's BLA (BCE #17764) Hi Leila - We have the Property Owner's signature on a bond version of the final BLA. What are the next steps for us to proceed? It's been a while since I've recorded any docs through Federal Way so I'm a bit rusty on the exact process. Any input you can provide is very helpful. Thanks! Joel Joel Howitt I Senior Planner Office: 425-251-6222 1 Direct:425-656-1073 Barghausen Consulting Engineers, Inc. 18215 72"d Avenue South, Kent, WA 98032 www.barghausen.com From: Leila Willoughby -Oakes <Leila.Willoughby-Oakes@cityoffederalway.com> Sent: Friday, May 11, 2018 1:57 PM To: Joel Howitt <jhowitt@barghausen.com> Subject: RE: Federal Way Jackson's BLA (BCE #17764) Also the city file number should be: 18-101374-00-SU on the final mylars. It'll take 24-72 hours to get the signatures from PW/CD. Sigh. I don't think I should go on vacation again. Leila From: Joel Howitt [mailto:ihowitt barghausen.com] Sent: Friday, May 11, 2018 1:54 PM To: Leila Willoughby -Oakes Cc: Pat Hopper; Kim Anderson; Caryl Pinner Subject: RE: Federal Way Jackson's BLA (BCE #17764) OK Thanks Leila! COMMUNITY DEVELOPMENT DEPARTMENT 33325 81h Avenue South Federal Way, WA 98003-6325 CITY OF 253-835-2607; Fax 253-835-2609 Federal Way www.6tyoffcderalnx.com ` BOUNDARY LINE ADJUSTMENT See Federal Way Revised Code (FWRC) Chapter 18.10 "Boundary Line Adjustments" for a detailed explanation of requirements. A boundary line adjustment (BLA) is intended for the purpose of altering the location of property lines in order to reflect existing physical boundaries or to make minor changes to lot lines. BLAB are reviewed administratively through the city's Development Review Committee, consisting of members from South King Fire and Rescue, Lakehaven Utility District, Federal Way School District, and the city's Public Works Department and Community Development Department's Planning and Building Divisions. The process usually takes from 60 to 90 days, but applicants can expect an initial response from the city within four weeks of submittal. Boundary line adjustments shall meet the following criteria to be considered for approval: Such alteration shall not increase the number of lots; or diminish in size required open space or other protected environments. Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations. • Such alteration shall not result in the reduction of setbacks or site coverage to less than prescribed by the zoning regulations. + A BLA shall not increase nonconformance with the design standards of FWRC Title 18, "Subdivisions." HOW TO APPLY The applicant (owner or owner's appointed agent) files a complete application with the Community Development Department using the Master Application form available at the department and on the city's website (www.cityoffederalway.com). The applicant also provides any information or material as specified in the provisions of FWRC 18,10.030 and any additional information or material that the Community Development Director determines is reasonably necessary for a decision on the matter. Following is a list of submittal requirements that must be submitted with your application. Please do not turn in your application until all items on the list that apply to your proposal have been included. A complete application is required before the city can proceed with technical analysis and make an informed decision on your application. Your application will be evaluated on the basis of the information you provide, the criteria listed in the pertinent sections of the city regulatory ordinances, and inspection of the property. Bulletin #038 — July 21, 2015 Page 1 of 2 k:\Handouts\038 Boundary Line Adjustment SUBMITTAL REQUIREMENTS FOR BLA GENERAL A. Completed master land use applic do form. Property owners of all lots subject the BLA ust sign the application form. Agent authori ti is required if the application is not sign y t owner. B. Boundary line adjustment applica 'o fee. C. The application shall include six print the proposed boundary line adjustment drawn to scale and sealed by a professional land surveyor (one drawing drafted on mylar with permanent black ink, or a photo mylar copy with a fixed silver halide base, and three prints of the final approved drawing will be required prior to recording). D. Where an on site sewa a dis os , ounty Department of Public Health approval must be obtained prior to city approval. E. A Professional Land Surveyor shall complete a f ld survey to set new property corners .when a to ' e is moved ie d serve rners is no quired when an interior lot line is removed. DRAWING REQUIREMENTS The drawing shall be 18 x 24 inches in size, drawn at a scale of 1-inch equals 50 feet or larger, on the city's standard title block form. Refer to the BLA Review Checklist to prepare the drawing. The drawing shall include the following information: A. The existing lot lines shown in dashed lines and the H. Location of all existing and proposed recorded area of each of the lots. easements for access, utilities, or other purposes. B. The new lot lines shown in solid lines and the area, in I. Location, widths, and names of existing abutting square feet, of each of the new lots. streets. C. North arrow. J. Location of all monuments, both found and set. D. Basis of bearing from the recorded survey. K. Tax parcel numbers of the parcels being altered by the E. Name, address, and phone number of registered land boundary line adjustment. surveyor. L. ocatio vi c ' ' r F. Legal description of existing and proposed lots. b G. Location of all structures on the lot and the distance M. Scaled vicinity map with labeled streets and north of each from both the existing and proposed lot lines. arrow. REQUIRED ATTACHMENTS A. Name, address, and phone number vested owners. / B. Name, address, and phone number of agek C. Two copies of the title report not more than one year old from date of submittal, including listing of any easements or restrictions affecting the properties with a description, purpose, and reference by auditor's file number and/or recording number. D. Two copies of lot closure ns calculat of old -and new lot configurations sealed by a profesgonarland surveyor. RECORDING The city shall _record all approved boundary line adjustments with the King County Division of Records and Elections. A copy of the documents, stamped with the recording number, shall be forwarded to the applicant, the file, and the King County Department of Assessments for assessment purposes. The applicant shall pay all fees prior to recording. Bulletin #038 — July 21, 2015 Page 2 of 2 k:\Handouts\038 Boundary Line Adjustment 06 _ [ Ul �qy--0b _5" CIVIL ENGINEERING, LAND PLANNING, SURVEYING W n u 0 2 s� may. {T��C+ ENG1�F'fi Ms. Leila Willoughby -Oakes Associate Planner City of Federal Way Community Development Department Planning Division 33325 8th Avenue South Federal Way, WA 98003 August 2, 2018 Hand Delivery RE: Recorded Boundary Line Adjustment Application Jacksons Food Store 1520 South 348th Street, Federal Way, Washington 90003 Jacksons Food Store No. 636 / BCE Job no. 17764 Dear Ms. Willoughby -Oakes: On behalf of PacWest Energy, LLC, d.b.a. Jacksons Food Stores, Inc., please find enclosed for the City's records one copy of the recorded Boundary Line Adjustment (BLA) Map for the above project. The BLA was recorded with King County on July 31, 2018, King County Recording No. 2018731900008. Please contact me at (425) 251-6222 or at jhowitt@barghausen.com with any questions or if you require additional information. Thank you! Sincerely, Joel A. Howitt Senior Planner JAH/lb 17764c.014.docx enc: As Noted cc: Mr. Scott Stom, Jacksons Food Stores, Inc. Mr. Jay S. Grubb, Barghausen Consulting Engineers, Inc. Mr. Joel A. Howitt, Barghausen Consulting Engineers, Inc. Ms. Caryl J. Pinner, Barghausen Consulting Engineers, Inc. Ms. Kimberly Anderson, Barghausen Consulting Engineers, Inc. RESUBMITTED AUG 01 2018 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES • TUMWATER, WA • KLAMATH FALLS, OR • LONG BEACH, CA • ROSEVILLE, CA • SAN DIEGO, CA www.barghausen.com sq C(J4 CITY or RESUBMITTED OF C'onr:tirunr-rV DF%rer_oPXreyT �,.-FederalWay AUG 0 1 eat$ Federal 33325 8" Avenue South W 253-835-? aY. WA 98003-6325 Cf fY OF FEDERAL 607. Fax 253_835-2609 COMMUNITY L)E-VELWRY w�vw.cic�oflcdcrahva .coat I-�FMjFlYT RESU�MITTAL jNF This com'oleted form MUSTacco �R A�� " Please note' Additional or revised mpal7y all resubmi unless acco pans or o tta1.S. mPanied b acuments for an do not contain the c� y this completed for active r submit all items in Tact number m. �'1ailedresubmittals that do otirrclud this form of copies ivi11 be r °t be accepted about the nu PeCsnn and to contact the P eturned or discarded. orthat mbar ofcopies required. ermt Counter rou are Prior to sub encouraged to �YCHANGES Tp miffing ifyou are not ORA1/INGS tiIUST EE C sure Project Number: �OUOED Project Name: z - Project Address: �i. Project Contact: RESUBMITTED ITEMS: — Phone: # of Copies ** 1 A01dUO Description of Item ** Aiw,3ys submit the same number of co ies P as required for your init/al a ** Resubmittal Requested by: PPiication. ca �m �r Letter Dated: RESUB #. OFFICE USE oNL Y D /D �istri6ution pate. Buil[i;r,rr Name # a. f Pw Firs Other Bulletin 4129 Januar y 1, 201 1 Page l of 1 ~J UH-andouts' Resubmitral IrrFannarivn SUBDIVISION Guarantee/Certificate Number: Issued By: 0083437-06 CHICAGO TITLE INSURANCE COMPANY Amendment Third Subdivision Guarantee CHICAGO TITLE INSURANCE COMPANY 1ECEIVED a corporation, herein called the Company MAR 2 8 2018 GUARANTEES CITY OF FEDERAL COMMUNITY DEVELOPMENT Barghausen Consulting Engineers, Inc. herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 4717 South 19th Street, Suite 101 Tacoma, WA 98405 Countersigned By: SINE 3 Authorized Officer or Agent .,, Chicago Title Insurance Company By: Attest: President Secretary Subdivision Guarantee/Certificate Printed: 03.21.18 @ 02:28 PM Page 1 WA-CT-FNSE-02150.620753-SPS-1-18-0083437-06 CHICAGO TITLE INSURANCE COMPANY ISSUING OFFICE: GUARANTEE/CERTIFICATE NO. 0083437-06 AMENDMENT Third Subdivision Guarantee Title Officer: Tacoma Commercial Unit Chicago Title Company of Washington 4717 South 19th Street, Suite 101 Tacoma, WA 98405 Main Phone: (253)671-6623 Email: CTIPierceCountyCommercialTitle@c1 SCHEDULE A Liability Premium Tax $1,000.00 $350.00 $35.35 Effective Date: March 15, 2018 at 08:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: LL a Utah subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed: 03.21.18 @ 02:28 PM Page 2 WA-CT-FNSE-02150.620753-SPS-1-18-0083437-06 EXHIBIT "A" Legal Description Parcel A: The East 62.85 feet of Lot 21 and all of Lot 22, Vick Addition, according to the plat thereof recorded in volume 45 of plats, page 27, in King County, Washington; EXCEPT the Easterly 12 feet of said Lot 22; Together with a common use easement for ingress and egress described as follows: Beginning at the Southwest corner of the hereinabove described tract and running thence West in a projection of the South line of said Tract A distance of 25 feet; Thence Northeasterly to a point on the West line of the hereinabove described tract which lies 25 feet North of the point of beginning; Thence South along said West line 25 feet to the point of beginning. Parcel B: Lot 19 of Vick Addition, according to the plat thereof recorded in volume 45 of Plats, Page 27, in King County Washington. Except the east 20 feet thereof conveyed to King County by deed recorded January 18, 1977 as Recording No. 7701180056. Subdivision Guarantee/Certificate Printed: 03.21.18 @ 02:28 PM Page 3 WA-CT-FNSE-02150.620753-SPS-1-18-0083437-06 GUARANTEE/CERTIFICATE NO. 0083437-06 CHICAGO TITLE INSURANCE COMPANY AMENDMENT Third Subdivision Guarantee SCHEDULE B GENERAL EXCEPTIONS H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. Subdivlsian Guarantee/CWicate Printers: 03.21.18 @ 02:28 PM Page 4 WA-CT-FNSE-02150.620753-SPS-1-18-0083437-06 GUARANTEE/CERTIFICATE NO. 0083437-06 CHICAGO TITLE INSURANCE COMPANY AMENDMENT Third Subdivision Guarantee SCHEDULE B (continued) SPECIAL EXCEPTIONS Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: King County Water District No. 100 Purpose: Pipelines and facilities Recording Date: May 7, 1958 Recording No.: 4899141 Affects: The description contained therein is not sufficient to determine its exact location within the property herein described Affects: Parcel A 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Power & Light Company, a Washington corporation Purpose: Electric Transmission and/or distribution system together with all necessary or convenient appurtenances Recording Date: May 10, 1985 Recording No.: 8505100840 Affects: The South 10 feet of the West 10 feet of said premises Contains covenant prohibiting structures over said easement or other activities which might endanger the underground system. Affects: Parcel A 3. Easement condemned in King County Superior Court and the terms and conditions thereof In Favor of: City of Federal Way Purpose: Right of way for overhead utilities and utility poles Affects: Easterly portion of said premises Cause No.: 91-2-13980-6 Affects: Parcel A 4. Reservations and recitals contained in the Deed as set forth below: Grantor: Texaco Refining and Marketing, Inc., a Delaware corporation Recording Date: June 27, 2000 Recording No.: 20000627001737 Said document provides for, among other things, the following: Said deed includes, among other conditions, the following: .."The grantor, its successors and assigns, shall have no right to use, or right of ingress to or egress from any part of the surface of the property for exploration and producing purposes..." Affects: Parcel A Subdivision Guarantee/Certificate Printed: 03.21A8 @ 02:28 PM Page 5 WA-CT-FNSE-02150.620753-SPS-1-18-0083437-06 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE/CERTIFICATE NO. 0083437-06 AMENDMENT Third Subdivision Guarantee 5. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of Vick Addition: Recording No: Volume 45 of plats, page 27 6. Right to make necessary slopes for cuts or fills upon property herein described as granted or reserved in deed In favor of: King County Recording Date: April 9, 1968 Recording No.: 6330339 Affects: Parcel A 7. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey done by Terramark for the Matthews Company dated April 7, 2009, under Job N. 32664: A. Chain link fence appurtenant to the Northerly adjoining property encroaches onto said premises up to a r-� distance of 0.1 feet Note: Chain link fence appurtenant to the Westerly adjoining property does not encroach onto said premises but { l is located less than one foot West of the East boundary line thereof and does not precisely represent the location �V l of the common boundary between the properties. B. Asphalt, curbing and planting areas appurtenant to said premises extend into the adjoining public rights of way of 16th Avenue South and 348th Street South. Affects: Parcel A 8. Covenants, conditions and restrictions contained in deed from Equilon Enterprises, LLC, a Delaware limited liability company Recording Date: December 21, 2009 Recording No.: 20091221000384 Affects: Parcel A 9. Covenants, conditions and restrictions contained in deed from Jacksons Food Stores, Inc., a Nevada corporation Recording Date: December 21, 2009 Recordinq No.: 20091221000386 Affects: Parcel A Subdivision Guarantee/Certificate Printed: 03.21.18 @ 02:28 PM Page 6 WA-CT-FNSE-02150.620753-SPS-1-18-0083437-06 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) 10. Access agreement and the terms and conditions thereof GUARANTEE/CERTIFICATE NO. 0083437-06 AMENDMENT Third Subdivision Guarantee Between: Equilon Enterprises, LLC, a Delaware limited liability company And: Jacksons Food Stores, Inc., a Nevada corporation Recording Date: December 21, 2009 Recording No.: 20091221000385 Affects: Parcel A 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Lakehaven Sewer District Purpose: Sewer Recording Date: December 16, 1976 Recording No.: 7612160486 Affects: The West 5 feet of Parcel B 12. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2018 Tax Account No.: 889700-0115-01 Levy Code: 1205 Assessed Value -Land: $474,400.00 Assessed Value -Improvements: $615,800.00 General and Special Taxes: Billed: $16,007.23 Paid: $0.00 Unpaid: $16,007.23 Affects: Parcel A 13. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2018 Tax Account No.: 889700-0115-01 Levy Code: 1205 Assessed Value -Land: $329,200.00 Assessed Value -Improvements: $16,400.00 General and Special Taxes: Billed: $5,569.56 Paid: $5,569.56 Unpaid: $0.00 Affects: Parcel B Subdivision Guarantee/Certificate Printed: 03.21.18 @ 02:28 PM Page 7 WA-CT-FNSE-02150.620753-SPS-1-18-0083437-06 GUARANTEE/CERTIFICATE NO. 0083437-06 CHICAGO TITLE INSURANCE COMPANY AMENDMENT Third Subdivision Guarantee SCHEDULE B (continued) Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal -description is not a substitute for a complete legal description within the body of the document: Portion Lot 21 & all Lot 22, Vick Addition and Lot 19 Vick Addition Tax Account No.: 889700-0115-01 and 889700-0095 The legal description in this certificate is based on information provided with the application and the Public Records. All parties must notify the Title Insurance Company if the description does not conform to their expectations END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 03.21.18 @ 02:28 PM Page 8 WA-CT-FNSE-02150.620753-SPS-1-18-0083437-06 Afler Recording Return To: PacWest Energy, LLC 3450 Commercial Court Meridian, Idaho 83642 38620091Z2, PAGOF IEN10019— KNGcOUTYWA 20091221000386.001 This Instrument Was Prepared By: E2422377 Beverly J. Klug 12/21/2009 10:27 as Agent for EQUILON ENTERPRISES LLC KING COUNTY, WA 2400 Two Houston Center SALE $10.00 909 Fannin Street $0.00 PAGE-001 OF 001 Ilouston, TX 77010 Abbreviated Legal Description: Portion of Lots 21 & 22, Volume 45 of Plats, Page 27 Tax Parcel ID No.: 889700-0115-01 BARGAIN AND SALE DEED THIS BARGAIN AND SALE DEED ("Deed"), dated to be effective December 8, 2009 ("Effective Date', is by and between JACKSONS FOOD STORES, INC., a Nevada4iwAe& liflob, ity wiln offices at 3450 Commercial Court, Meridian, Idaho 83642 (herein called "Grantor"), and PACWEST ENERGY, LLC,_ a Delaware limited liability company with offices located at 3450 Commercial Court, Meridian, Idaho 83642 (herein called "Grantee"), pursuant to that certain Contribution and Sale Agreement, dated as of the 8th day of December, 2009 ("Agreement"), by and between Grantor and Grantee. WITNESSETH: For and in consideration of the sum of $1,017,503, and the mutual covenants set forth in the Agreement, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL, CONVEY and RELEASE unto Grantee its successors and assigns forever, all of Grantor's right, title and interest, if any, in and to the Premises more particularly described in "Exhibit A" attached hereto and made a part hereof (the "Premises"), together with any buildings, fixtures and improvements owned by Grantor and located thereon. Together with all right, title and interest, if any, of Grantor in and to any streets and roads abutting the Premises to the center lines thereof, plus all the estate and rights of Grantor in and to any easements, rights, privileges, appurtenances and other hereditaments appurtenant to the Premises; Grantor expressly SAVES, RETAINS, RESERVES and EXCEPTS from this conveyance unto itself and its successors and assigns, all right, title and interest, if any, in and to any oil, gas, and other minerals (including, without limitation, helium, lignite, sulfur, phosphate and other solid, liquid and gaseous substances), regardless of the nature thereof and whether similar or dissimilar but only to the extent any of the foregoing is in its natural state and natural location and not subject to the dominion and control of any pemn, and, upon thirty (30) days prior Cost Center X 120698 C' , ^ rSO TITLEICo 1 r� Address: 1520 348th S , Federal Way, WA 20091221000386.002 written notice to Grantee, the right to explore for, develop and produce same, as well as the right to lease such portion of the Premises hereby reserved for such purposes, and all mineral and royalty rights whatsoever in, on, under and pertaining to the Premises; but Grantor, its successors and assigns, shall have no right to use, or right of ingress to or egress from any part of the surface of the Premises for exploration and producing purposes, except with respect to (i) current activities at and any existing contractual or leasehold rights granted to third parties and (ii) any additional activities which have been consented to in writing by Grantee, whose consent shall not be unreasonably withheld. Except as set forth in the preceding sentence, any oil and gas drilling operations, shall be conducted by means of wells, the surface locations of which are on other lands and which may be drilled into and bottomed in or under the Premises. Grantor shall exercise its rights under the foregoing mineral, oil and gas reservation so as not to disturb any improvements, installations, petroleum or other products contained in such improvements or installments or surface activities on the Premises. Grantor is to receive and retain all bonuses, rentals and royalties payable under any such mineral, oil and gas lease or leases. Grantor may assign, transfer, sell or convey such oil, gas and mineral reservation to any person, corporation, partnership or other entity. This conveyance is made by Grantor and accepted by Grantee SUBJECT TO all reservations, exceptions, restrictions, easements, encumbrances, rights of way, ad valorem taxes, zoning regulations, other matters of record as of the date of this Deed affecting same and the items set forth on "Exhibit B", to the extent that the same are currently valid and enforceable against the Premises. TO HAVE AND TO HOLD the Premises unto Grantee, its successors and assigns in fee simple forever; but: IN ADDITION TO THE FOREGOING, Grantor grants the Premises to Grantee subject to the following covenants and restrictions: 1. From and after the Effective Date until December 31, 2031, or a market withdrawal by Equilon Enterprises LLC ("Equilon") affecting the Premises, as defined by the Petroleum Marketing Practices Act, 15 U.S.C. § 2802(b)(2)(E), whichever is earlier ("Termination (late"), if motor fuel is stored, advertised or sold at or from the Premises, the motor fuel stored, advertised or sold shall be sold under the "Shell" trademark ("Brand Covenant"), all as more fully set forth in that certain Branding and Product Purchase Commitment Agreement dated as of the Effective Date, by and between Grantor and Grantee ("BrandinE Agreement"). The Brand Covenant shall expire automatically on the Termination Date without need for filing a release, or other action of either Grantor or Grantee. The Premises and every portion thereof shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered and conveyed subject to the Brand Covenant. The Brand Covenant and the remedies for breach thereof, as provided in the Branding Agreement, shall run with the land, and pass with each and every portion of the Premises, and shall apply to and bind the respective successors, assigns and transferees and subsequent owners in interest thereof. The Brand Covenant is imposed upon the entire Premises. Breach of the Brand Covenant shall not divest Grantee or any successor or assign of Grantee from title to the Premises. 20091221000386.003 Grantee agrees to include the Brand Covenant in any conveyance or assignment of the Premises to a successor grantee prior to the Termination Date and, as a condition of any conveyance of the Premises, to require successor grantees to enter into an agreement assuming all obligations of Grantee under the Branding Agreement. 2. Unless the Premises is a "Released Premises", as defined in the Branding Agreement, until the Termination Date, Equilon and its successors and assigns retain a right of first refusal to purchase the Premises, pursuant to the terms of the Branding and Product Purchase Commitment Agreement dated as of the Effective Date ("Rittht of First Refusal"). The Right of First Refusal shall expire automatically on the Termination Date, without need for filing a release, or other action of either Grantor or Grantee. The terms of the Right of First Refusal are set forth on "Exhibit C". 3. Grantee has granted a right of access to Equilon pursuant to the terms of an Access Agreement dated as of the Effective Date, which is being recorded on the same day as this instrument. 4. Grantee covenants and agrees that: (a) No groundwater shall be taken for any use from the Premises, and Grantee further covenants and agrees that it shall not install, and shall prevent any subsequent purchaser or permitted assignee of the Premises from installing, any well or other tank, pump or related equipment for the use or storage of potable water at the Premises. Nothing herein shall prevent the use or supply of any state, county, or municipal water used, applied or consumed at the Premises; (b) The Premises shall be used only for commercial uses, and Grantee further covenants and agrees that it shall not improve or use, and shall prohibit any subsequent purchaser or permitted assignee of the Premises from using or improving, the Premises for residential purposes (including multi -family residential uses), or for any hospital, elder care or day care center, or for a park or playground; (c) If contaminated soil is present under a structure or cap, Grantee shall not alter, modify, or remove the existing structure(s) on the Premises in any manner, or conduct any activity in the capped areas of the Premises, that may result in the release or exposure to the environment of any contaminated soil, or create a new exposure pathway, without prior written approval of Grantor and the State of Washington Department of Ecology. Some examples of activities that are prohibited in the capped areas include: drilling, digging, placement of any objects or use of any equipment which deforms or stresses the surface beyond its load bearing capability, piercing the surface with a rod, spike or similar item, bulldozing or earthwork; (d) Each of these covenants shall run with the Premises, and pass with each and every portion of the Premises, and shall apply to and bind the respective successors in interest thereof; +*11111 R*4 11I1I1141:1:11I111 NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BUT SUBJECT TO THE TERMS OF THE CONTRIBUTION AGREEMENT, GRANTEE ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT GRANTEE HAS BEEN GIVEN THE OPPORTUNITY TO MAKE FULL AND COMPLETE INSPECTIONS OF THE PREMISES TO GRANTEE'S SATISFACTION PRIOR TO THE EFFECTIVE DATE HEREOF AND THAT, AS OF THE EFFECTIVE DATE HEREOF, GRANTEE 1S RELYING SOLELY ON GRANTEE'S OWN INVESTIGATIONS OF THE PREMISES AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR, OR ANY AGENT, REPRESENTATIVE OR OTHER PARTY ACTING ON BEHALF OF GRANTOR. IT IS THE UNDERSTANDING AND INTENTION OF THE PARTIES THAT THE SALE OF THE PREMISES FROM GRANTOR TO GRANTEE IS MADE ON AN "AS IS, WHERE IS" BASIS AND WITH ALL FAULTS. GRANTEE ACKNOWLEDGES THAT, EXCEPT AS SET FORTH HEREIN, GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, EXPRESS OR IMPLIED, ORAL OR WRITTEN, RELATING TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR PRESENT OR FUTURE CONDITION OF THE ASSETS, INCLUDING WITHOUT LIMITATION THE PREMISES, (B) THE COMPLIANCE OF, OR BY, THE PREMISES WITH ANY LAWS OF ANY APPLICABLE GOVERNMENTAL ENTITY, (C) THE LIABILITY, MERCHANTABILITY, MARKETABILITY, OR PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PREMISES, INCLUDING WITHOUT LIMITATION THE ASSETS THEREON, OR (D) ANY OTHER MATTER WITH RESPECT TO THE ASSETS. GRANTEE REPRESENTS TO GRANTOR THAT GRANTEE IS RELYING, HAS RELIED AND SHALL IN THE FUTURE RELY SOLELY UPON ITS OWN INVESTIGATIONS, INSPECTIONS AND STUDIES OF THE PREMISES, AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR, GRANTOR'S AGENTS OR CONTRACTORS OR OTHERWISE GENERATED FROM THIRD PARTY SOURCES. GRANTOR SHALL NOT BE LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT, REPRESENTATION OR INFORMATION PERTAINING TO THE PREMISES OR THE OPERATION THEREOF FURNISHED BY ANY PARTY PURPORTING TO ACT ON BEHALF OF GRANTOR, INCLUDING, WITHOUT LIMITATION, ANY AGENT, BROKER OR SALESPERSON. GRANTEE ACKNOWLEDGES THAT THE PURCHASE PRICE HAS BEEN SPECIFICALLY NEGOTIATED AND ADJUSTED TO TAKE INTO ACCOUNT THE AS -IS NATURE OF THIS SALE AND THE DISCLAIMERS AND WAIVER OF REPRESENTATIONS AND WARRANTIES AS STATED HEREIN. SUBJECT to the foregoing, Grantor covenants with Grantee that Grantor will warrant specially the Premises herein conveyed and defend title to the Premises against the lawful claims of all persons claiming by, through, or under Grantor, but not otherwise, provided , that this conveyance and the special warranty made by Grantor contained herein are subject to the matters contained herein and any and all matters of record as of the date of recording. The preceding sentence is for the benefit of Grantee and the parties now or hereafter constituting Grantee and may not be relied on or enforced by any other entity, including, without limitation, any direct or 20091221000386.005 remote successor in title to Grantee or any title insurer of Grantee or its direct or remote successors in title, by way of subrogation or otherwise. IN WITNESS WHEREOF, Grantor has caused this Deed to be duly executed on the day and year first above written. "GRANTOR" Ze: !JohnD. D STORES, INC. Jackson Title Chief Executive Officer STATE OF IDAHO ) SS. COUNTY OF ADA ) The within and foregoing instrument was acknowledged before me this day of December, 2009, by John D. Jackson, the Chief Executive Officer of]acksons Foo Stores, Inc., a Nevada limited liability company, on behalf of said corporation. Witness my hand and official seal. My commission expires: TARY PUBLIC Printed Name:-Lig:mt o.�A�O •0 • ' &RPATF, 20091221000386.006 ACKNOWLEDGED, ACCEPTED AND AGREED TO THIS ::7— DAY OF _�� 2009: "GRANTEE" PACWEST ENERGY, LLC By: Jaqk%!3V Food Stores, Inc., a Nevada corporation, its Manager By • { N c: John D. Jac n Title: Chief Executive Officer Date: December_ -7 _, 2009 STATE OF IDAHO ) SS. COUNTY OF ADA ) On this --9— day of December, 2009, before me, a Notary Public in and for said State, personally appeared John D. Jacksons, known or identified to me to be the Chief Executive Officer of Jacksons Food Stores, Inc., a Nevada corporation, the manager of PacWest Energy, LLC, a Delaware limited liability company, and the manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said corporation, and that such corporation executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •`' s '� otary lic for Id � � Residi at Boise, I hn ' C c { = My commission expires 49:5 ST '•NanaN•�t EXHIBIT "A" Legal Description Tax Parcel: 880700-0115-01 K1111 PWhI1111*I_11I1il THE EAST 62.85 FEET OF LOT 21 AND ALL OF LOT 22, VICK ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE(S) 27, IN KING COUNTY, WASHINGTON; EXCEPT THE EASTERLY 12 FEET OF SAID LOT 22; TOGETHER WITH A COMMON USE EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE HEREINABOVE DESCRIBED TRACT AND RUNNING THENCE WEST IN A PROJECTION OF THE SOUTH LINE OF SAID TRACT A DISTANCE OF 25 FEET; THENCE NORTHEASTERLY TO A POINT ON THE WEST LINE OF THE HEREINABOVE DESCRIBED TRACT WHICH LIES 25 FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH ALONG SAID WEST LINE 25 FEET TO THE POINT OF BEGINNING. CC## 120698 1520 348th South Federal Way, WA 20091221000386.008 Exhibit B Permitted Encumbrances CC# 120698 1520 348TH STREET SOUTH FEDERAL WAY, WASHINGTON The lien for real property taxes for the year 2009, and any liens for special assessments which as of the date hereof, are not due and payable. 2. Easement and the terms and conditions thereof granted to King County Water District No. 100 (Assignee) for pipelines and facilities and recorded among the Real Property Records of King County, Washington, on May 7, 1958, under recording number 4899141. 3. Underground Utility Easement and the terms and conditions thereof granted to Puget Sound Power & Light Company, a Washington corporation for electric transmission and/or distribution system together with all necessary or convenient appurtenances affecting the South 10 feet of the West 10 feet of said premises and recorded among the Real Property Records of King County, Washington, on May 10, 1985, under recording number 8505100840. Said easement contains a covenant prohibiting structures over said easement or other activities which might endanger the underground system. 4. Easement condemned in King County Superior Court and the terms and conditions thereof in favor of the City of Federal Way for right-of-way for overhead utilities and utility poles affecting the Easterly portion of said premises and recorded among the Real Property Records of King County, Washington, under Cause Number: 91-2-13980-6. 5. Exceptions and Reservations contained in Deed from Texaco Refining and Marketing Inc., a Delaware corporation, recorded on June 27, 2000, under recording number 20000627001737. Said Deed includes, among other conditions, the following: "The grantor, its successors and assigns, shall have no right to use, or right of ingress to or egress from any part of the surface of the property for exploration and producing purposes...." 6. Covenants, conditions, restrictions, easements, notes, dedications and setbacks, if any, set forth in or delineated on said Plat of Vick Addition recorded among the Plat Records of King County, Washington. 20091221000386.009 Exhibit B continued 7. Right to make necessary slopes for cuts or dills upon property herein described as granted in Deed to King County, recorded among the Real Property Records of King County, Washington, on April 9, 1968, under recording number 6330339. 8. Survey done by Terramark for the Matthews Company dated April 7, 2009, under Job No. 32664, disclosed the following matters: a. Chain link fence appurtenant to the Northerly adjoining property encroaches onto said premises up to a distance of 0.1 feet. b. Asphalt, curbing and planting areas appurtenant to said premises extend into the adjoining public rights of way of 16th Avenue South and 348M Street South. 20091221000386.010 EXHIBIT C Right of First Refusal (a) If at any time during the period from the Effective date until the Termination Date (the "Brand Covenant Period"), Grantee or any Person owning the Premises (a "Premises Owner") (i) receives an acceptable bona fide offer to purchase or lease from a ready, willing, and able purchaser or lessee which Grantee or any Premises Owner desires to accept, or (ii) makes a bona fide offer to sell, lease or otherwise transfer to such a purchaser or lessee, all of Grantee's or any Premises Owner's right, title and interest in and to the Premises or any particular Premises, or any interest therein ("Offer"), Grantee or such Premises Owner shall provide written notice to Equilon specifying the name and address of the buyer or lessee and the price and complete terms of the Offer, accompanied by Grantee's or any Premises Owner's affidavit that the proposed sale or lease transaction described in the Offer is in good faith. Equilon will then have the prior option to purchase or lease any of such Premises at the price and on the terms of the Offer, but subject to the terms provided below ("Right of First Refusal"). (b) Equilon shall provide written notice to Grantee or such Premises Owner, as applicable, of Equilon's election to exercise its Right of First Refusal within 30 days after Equilon receives such Person's written notice of the Offer. Within 20 days after the date of the notice provided to such Person of Equilon's election to exercise its Right of First Refusal, Equilon shall designate a title company and provide written notice to such Person of the same. Such Person shall deposit with the title company a recordable special warranty deed or lease, as applicable, to Equilon, in form satisfactory to Equilon, for the applicable Premises. Equilon shall deposit with the title company any earnest money required by the Offer. Promptly thereafter, such Person shall (or Equilon may), at Equilon's expense, order from the title company a report on title to (or leasehold interest in) the applicable Premises and a commitment for an owner's or lessee's (as applicable) policy of title insurance. Upon written notice from Equilon to such Person and the title company that title is acceptable, which notice shall not be later than the time set forth in the Offer, the title company shall deliver to Equilon the deed or lease executed by such Person, together with the owner's or lessee's (as applicable) policy of title insurance, against payment by Equilon of the purchase price (which shall include payment of any costs, fees, expenses, documentary, transfer and like taxes required to paid by Equilon), less any earnest money, as such allocation of costs, fees and expenses may be set forth in the Offer. Thereafter, the title company shall deliver to such Person the purchase price required by the Offer less the amount of any liens accepted by Equilon and less the amount of any and all costs, fees, expenses, documentary, transfer and like taxes required to paid by such Person as set forth in the Offer. Taxes and rent will be prorated as of the date of delivery of the deed (or the assignment of lease, as applicable) from the title company to the Equilon. Upon receipt from Equilon of written notice that the title is not acceptable, Grantee or such Premises Owner, as applicable, shall use commercially reasonable efforts to cure such title objections by the closing, including, without limitation, insuring against or providing a bond or suitable escrow for, any lien or other encumbrance that represents a liquidated amount or sum of money. If such Person is unable to cure the title to Equilon's satisfaction, Equilon may elect not to purchase the applicable Premises, in which case the title company shall return the deed (or assignment of lease) to such Person, and the 20091221000386.011 earnest money to Equilon. If Equilon elects to not exercise its Right of First Refusal for any reason, Grantee or such Premises Owner, as applicable, may sell the applicable Premises under the terms described in the notice of the Offer provided to Equilon. Any proposed sale of any Premises under materially different terms than those described in such notice of the Offer is subject to the Right of First Refusal provisions described herein. For purposes of the preceding sentence, an extension of the closing date by not more than ninety (90) days, or a reduction in the purchase price by not more than three percent (3%) are examples of non -material changes to the Term s of the Offer. (c) The Right of First Refusal is not limited by any other rights Equilon has under the Branding Agreement or elsewhere, if any, to acquire the Premises. The Right of First Refusal runs with the land or leasehold interest, inures to the benefit of, and binds the respective successors in interest and assigns thereof. Equilon's failure to exercise its Right of First Refusal on any Premises is not a waiver of its right to a Right of First Refusal for any other Premises. The failure of Equilon to exercise the Right of First Refusal as to a Premises shall release that Premises from the Right of First Refusal from and after its conveyance. (d) The Right of First Refusal shall not apply to any lease or sublease by Grantee to any Third -Party or other Person operating a retail motor fuel facility at a Premises using the Brand, as defined in the Branding Agreement, pursuant to a written agreement with Grantee or any Affiliate of Grantee, provided, Grantee retains ownership and control of, and full contractual and regulatory responsibility for, the UST System throughout the term of the lease or sublease with such Third -Party or Person and Grantee complies with the provisions of Section 9.6 (Future Conveyances) of the Agreement. (e) The Right of First Refusal shall not apply to a transfer of Premises by operation of a partition action under the Limited Liability Company Agreement of PacWest Energy, LLC (the "LLC Agreement"). Z O i 3 Q W P 0 Z Ih N �y O V) N 1 J W 01 ✓J '3 0 l d n . 4i 6f£ r gC'ivf."' k L A6W s or' X .oc P ^] osx y O wwee b r � — Jwe u W W Vj Y N N +r Al M .os a a b a • c `f 96 L?E' I h wa_ac I rJ I l� Li = - - — —I v "' • n IL r o� _d • I 1 ry N ru r'L f' PC W ,� 1S 449f£ P a 4 v 1 d- n This map/plat is being furnished as an aid in locating the herein described Land In relation to adjoining streets, natural boundaries -and other land, and is net a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. i n� ,� d �QnP0 >� CCS] d < " J OJ+ d°d i � 0 Y�Q III` JE w `.��"�_; �� .° I> 0 o I c E o �.T—., —il 0 W ct c— 0 100 0 I Z> o pq� -0 Wp- c - S O r C ? I d r 13 Z ? y.� C � J FJ ] ri J) T 0 bad a •+ — p u wA d d d d Y ] c�� r J W 3 E° °� 0�`daQa "3 O�� o d d O J 17 X Z o F rl ,� SS d n.0 d 'd .0 IJ 3d I I l W 1 j dd; j d d A tl Z " dO [ W RC G9 WfY d# d r C v > o' ti E b ° d tl .g 4 0 Z n � Y d s dr y Z�" 0 w �'°. �,�s��+ppr Q da0 .� 0 W u o a Z S Jaf0Inw 1 a 0 cc Z d ^l� r J Yuba°FD W c tlAgd [a c +� o d a- Z: �d0 p d y I` d,vidyre�� O W ,°jCN q+ D ,aj_'�J J d 0 O v S"+d' W 9.�0 C O o d W f: d 0 i uC 3 c ° C z�a3asaa I a Z o`'�tl' O �Zc Z'-C N Q' '' d �C41�tN N J'`p, a V �F Z a0 _ C 7 0 0 yt' Z dod OJT I O iHc t o I dl C X ��n W sb�C.n d dCd I m ' A x3 Q0. A Mr-I—dcd5.si 0.d� to Qz 0 of- ti - �Z W Uj i ��- uz r I T d od ^d y 1 c dOL J%'�� bGZ �+� d�Yp rfy, r 1 EdR°*� d =_ �lb�'CC,R v� x 3m_�, edp ion L I t��cjoy°rd •� Z .a d'0 d 1 a� y y d CS p `Dad ° r 33��.4.` �dyyW hd roc ,Jc=onxym [� d pF dy A °mix To� �4 a `Srod� �0craoLn o pe ��;yC s 41 3 p d y d p A •i 0:v J 03 =✓I Jli O""CCp7 v�i V i-`,tl� ��3 —>Y ay.'II J }- ,r) 'p : - •did °F F y n F 7 a C o >+d d s t . I y= -4 d i }'d , 1 n1 A ns u by '^.� 0 o"°'3ty4j.a—�z — pr Ud y S C p3 m O r Y 00�11�� l [t'. � j)21 .mac ds�dpyc„�idLL F d�yCc ry _Fo y y o u r d �d O Z p u O d r, s` s d d f d a = a y 0 of C r d dam♦ -d A. io —dWb W +id FCd.a d7 d�SO d-tea C p J] J> Z joa Z° _ard�dod p Z`t r d aT_ Z O �N W '� "A 3D.4 m W _Z tf of 0 w �� Z d d 7 0 `° 4) J I— W t a 3 r o d pq d p a] a d d ,j,Y•� d t J d� d F- N a C = c . IL a vc= °frr� w+' 3 Q� sn„ �_ r d 0 s'S'. v n� > p o y _ r" z w y 0.1J a cc A„ CI 3 1r_-d m e d d C ° r od'ytACC'd o.dO'� o o,.,c,� ,r,`C°Da•j a Q ,��;romp!—v W a rro' Zi p„o �! WZ p d W _C� r •,.>,S, o J odi��d d �J �aCL0-IJ .. drO'0d0d This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown e I r i, Plabir Nadmi Title la uraeee Cempnr WAAH I NATO N TITLE P I V I WON Filed for Record at Request of i REVENUE STAMPS I- _ 4\I � To ,) ,01977 X 18 AM8 30 CI a-' DID-..' T.;,R G Z& RECORDS R ELECTIONS KING CCuh i 6 WASH. Safeco Title Order No. 355547 FORM L ;S R Quit Claim Deed Dean Echelbarger and Gladys Echelbarger, husband and wife; xtIIE, GRANTOR S: Kenneth A. Hovde and Mary E. Hovde, husband and wife; and George T. Barber and Julee Barber, husband and wife; r; each community and undivided one third interest, } for and in consideration of a valuable consideration i. I convey and quit claim to King County j •? the following described real estate, situated in the County of King e� flI State of Washington including any interest therein which grantor may hereafter acquire: } The East 20 feet of Lot 19, Vick Addition, according to plat recorded in �i Volume 45 of Plata, page 27, in King County, Washington. a jVnj THIS SPACE RESERVED FOR RECORDER'S USE Dated this 6th day of January 1977 In Q )[ (Seal)- i�------ ---- -- - - -- -- IsfAii �, I � dt of �Ga —(Seal) - - -�-7- - - ----- ---- Seal] STATE OF iAASWi�G'fON, v. County of Snlahomiali (Seal) �ysat� (Seal) On this day personally appeared before ms jf_G CaK FAR- kdcr+yi- Dean & Gladys Echelbarger, Kenneth A. & KFLry E. Hck4de, George 7. Oulee Barber known me knm to he the indivi ual a daacribod in and i+ho executed rha Within and foregoing Jn%xrmwn4, and acknowledged that they signed the some ea their free and voluntary sat Y}n�d;J, q>r •h4o uses and purposes therein mentioned. ; .•�,• r : " GIVCN under my hand and official seal this dey of note xg Pah1E L and Ern the !a el itilr� �t1 tceldpn as q c �1 } a KM STATE OF Washing.tpn es. (�i County of Snohomish On this i3th day of A. D. 19ZZ, before me. the underr d signed, a Notary Public in and for the State af— Waahine��j�,-.•,._ •_�„ duly Commiatio or ed and swam, parsonally appeared Dean Erhrl harger_ _ f P to me known to be the ind�p��adaI dry-lbq in and who executed the foregoing instrument far— him •elf and } 3 as attorney in facto Ya a arger also therein described, and acknowledged to me that l S� e signed an sealed the same it, Hi S , volimmryact and deed and an the free and voluatary,aet and deed i P' of the Baia G adys Echelhargar for the uses and purpaeea there( mentioned, and on oath :} stated that l rl�'r�y erg attorney authorizing the exceution of this instrument has not bead ted'o�q acid that the said i s nc a argger is now living - WITNESS r} 3 W117U1,55 my hand and official seal hereto affixed the n f Notary Public in a d for the 5i4e•$1 �n residin a!� �LAYi7o6 6 r• Sno,Co. i i H Form L 31 (Acknowledgment by Self and as Attorney in Fact. Pioneer National Title Inaisrancii'CbMpzny) r - st, . - _ . _. . . STATE OF Washington Snohomish County o Sanuar A, D. }g 77 before me, the under - On ti�i a30 nd of Washin toe _ . duly commissioned signed, a Notary Public in and for the State of. - and sworn, personally appears Geu a Barker his elf and to me known to be tlit individpl described in and who executed the lanahegrs�n dwcrbedng �andracknawledgcd mtl !lust as atWc signed is fact of his voluntary act and deed and as the free and volpatary,4pt and dead �e eigncd and sealed the came of the sal 3ulee Barber for the urea and purposes therein rrtRfieigrt>sd, r�tyd 'ar oae stated that the prryyer of utorney authorizing the execution of this instrument has not been rdvgAe4'p"juf 'ytha Raid pJul ee Bar er a now living. Jy {+i� ff WITNESS my hand and official Real h•.a c i this t!r Fc e' .. 1 a. Noory Public in an In the State cf k reridinli at:l rTotw- oa...... Ill- , Form 1, 31 (Aclmowle ft'Mant by 5elt and as Attorney In Fact. Pioneer Notional Title Insurance CpmpitHy,Y kl;� A S S I G N M E N T tFor value received, The Grantor, LAke Center Water Cooperative a Washington Corporation, does hereby sell, assign, transfer, and deliver to Water District_N*o, 100t.King County,_- Waehington� The Grantee, the following: All franchises and permits hereto granted by the County of King, and State of Washington, to construct, maintain, repair and replace pipe lines and facilities, over, upon, and across the public roads, highways, streets and, alleys ici said county; All leases held by said Lake Center Water Cooperative -or in which it has an interest, including but not limited to a certain lease date February 2, 1948, between Brookland Community Center, as Lessor and Lake Center Water Coop- erative as Lessee, covering a tract 200 feet square in,.the northeast quarter of northwest quarter of Section 29, Township 21 North, Range 4 East of the Willamette Meridian,'expiring on May 1, 1971, and an unrecorded lease covering, a pumping station site on the west half of the northwest quarter of the sm.th- west quarter of Section 21; Township 21 North, Range 4 East of the Willamette Meridian; Also, all easements, permits and right of way agreements owned by the Grantor, or in which it may have an interest, including, but not limited to the following: (a) Unrecorded easements covering the construction, maintenance, and repair of an 8 inch wooden main over the northerly portion of the southwest quarter of the northwest quarter of Section 28, Township 21 North, Range 4_East of the Willamette Meridian, lying westerly of State Road 5-D, and over that portion of the southwest quarter of the northwest quarter of said Section 2Q,' lying easterly of State Road 5-D extending in an easterly and southerly direction to the Neal Road near the southeast corner of said subdivision. (b) Easement by Oliver G. Campbell and -Etta L.Campbell, husband and wife and recorded under Auditor's Fee No, 4840734. (c) Easement by Richard E. Boness and Wanda J. Bonese, husband and wife and recorded under Auditor's Fee No. 4860736. •(d) Easement by Earl G. Forbes and Eloss Forbes, husband and wife, and recorded under Auditor's Fee No. 4648659. (a)' Ease nt dated the 23rd,day of November, 1949, granted by George A. Faulk and emaa J. Faulk, husband and wife, covering a portion of Lot 80, State plat, in Section 16, Township 21 North, Range 4 East of the Willamette Meridian. (f) Easement dated the 29th day of Auguat, 1955, granted by Matheny and Vivian Metheny, husband and wife, covering the south 76 feet of lot 9, Block 24; in Jovita, according to plat thereof recorded in Volume 19, 1g of plate, page 14, records of said county. (g) Easement dated the 29th Day of August, 1955, granted by George W. Cook and Kathleen Cook, husband and wife, covering the northerly 24 feet of lot 9 and the southerly 42 feet ❑f lot 8, all in Block 24 of Jovita, according f to plat thereof recorded in volume 19 of plate, page 14 records of said county, (h) Easement granted by Walter W. Feax and Roane S. Feax, husband Y. and wife, covering the north half of the north half of the southeast quarter of the southeast quarter of Section 17, Township 21 North, Range 4 East of• the Willamette Meridian. (i) Easement dated the let day of August, 1950s granted by Harold Hildebrandt and Ella Mae Hildebrandt, husband and wife, covering the north 360 feet of the southwest quarter of the northwest quarter of Section 29, Township 21 North, Range 4 East of the Willamette Meridian, King County, less Libo Road. (j) Easement dated the 29th day of September, 1956, granted by Bryce Little and Willie V. Little, husband and wife, covering, 9th Ave, south starting 200 feet south of S.W. 356th street continuing for 650 feet. (k) Easement by Samuel L. Keyes and Esther I. Keyes, husband and wife, and recorded under Auditor's fee No, 3600811. r.. (1) Easement dated the 5th day of October, 1950, granted by Virgil Vick and Hazel Vick, husband and wife, covering Vick Addition, King County Records, volume #45,-page 27, and except lots No. 20, No. 6, and No, 7. (m) Easement by E. W. Watkins and Mrs. E. W. Watkins, husband and wife, and recorded under Auditor's Fee No. 4527429. (n) Easement by Francis L. Marckx and Ilene I. Marckx, husband and wife, covering the northeast quarter of the southeast quarter of Section 8, Township 21 North, Range 4 East of the Willamette Meridian. (o) Easement dated the 19th day of October, 1945, granted by S.L. Keyes and Esther I. Keyes, husband and wife, covering that portion of the south three -fourths of the northeast quarter of the southeast quarter of Section 33, Township 21 North, Range 4 East of the Willamette Meridian, lying easterly of Secanday State Highway No. 5-1), and also that portion of the southeast quarter of the southeast quarter of said Section 33, lying easterly of Seconday State. Highway No. 5-D, westerly of Edgewood County Road and northerly of the folldwing described line; Beginning on the center line of secondary State Highway No. 5-D at a point which is north 27"24130" west 1200.63 feet from the south line of said aubdivipion and running thence south 78°09'30'; east to the east line of said subdivision and the terminus of the line, except the right of way condemned by the Seattle Tacoma Interurban Rwy. now owned by the Puget Sound Power and Light Co. (p) Easement dated the 24th day of May,•1945, by Lloyd J. Voiles and Dorothy H: Voiles, husband and wife, over the north 80 feet of the south 1260 feet of lot .3, Section 27, Township 21 North, Range 4 East of the Willamette Meridian. (q)• Easement dated the 26th day ^f May, 1945, by Cordon Axelsen and Pat Axelsen, husband and wife, over the north 100 feet of the south 1100 feet of lot 3, Section 27, Tonwehip 21 North, Range 4 East of the uillamette Meridian. (r) Easement dated the 26th day of June, 1945, by Pauline Gibbeson, over the north 100 feet of the south 1000 feet of lot 3, Section 27, Township 21 north, Range 4 East of the Willamette Meridian. I (a) Easement dated the 29th day of September'; 1945, by Sadie B. s Martin, over the north'•100 feet of the south 900 feet of lot 3, Section 27,' Township 21 North, Range 4 East of the Willamette Meridian. ['� Y (C) Easement dated the 7th day of July, 1945, by Albert Jacob Knaff �r and Lucille W. Knaff, husband and wife, over the north 150 feet of the south 800 feet of lot 3, Section 27, Township 21 North, Range 4 East of the Willamette Meridian. (u) Easement dated the 29th day of April, 1945, by-S. Poolman and Edith Poolman, husband and wife, ovgr the south 150 feet of the south 650 feet of lot 3, Section 27, Township 21 North, Range 4 East of the Willamette Meridian. a (v) Easement by Chas Geiger and Ethel Geiger, husband and wife, over she north 150 feet of the south 650 feet of lot 3, Section 27, Township 21 North, c Range 4 East of the Willamette Meridian, (w) Easement dated the 16th day of May, 1945, by Wm. H. Clarke and Dorothy B. Clarke, husband and wife over the north 50..feet of the south 500 feet of lot 3, Section 27, Township 21 North, Range 4 East of the Willamette ? Meridian. (x) Easement dated the 21st day of May, 1945, by L. C.Rushmer and Dorothy Rushmer, husband and wife, fiver the north 50 feet of the south 450 feet of lot 3, Section 27, Township 21 North, Range 4 East of the Willamette Meridian. (y) Easement dated'the 21st day of May, 1945, by William J. Coby and Iva M. Coby, husband and wf, over the north 100 feet of the south 400 feet of lot 39 Section 27, Township 21 North, Range 4 East of the Willamette Meridian. (z) Easement dated the 23rd day of May, 1945, by Harry H. Stewart and Cornelia M. Steuart, husband and wife, over the north 100 feet of the south 300 feet of lot 3, Section 27, Township 21 North, Range 4 East of the Willamette Meridian. (as) Easement dated the 6th day of June, 1945, by Charles H. Denzler and Marie A. Denzler, husband and wife, over the south 200 feet of lot 3, Section 27, Township 21 North, Range 4 East of the Willamette Meridian, (bb) Easement by F. J. Bohnankamp and Hazel R. Bohnankamp, husband and wife, covering lot 1, Block 129, Jovita. (cc)- Easement dated the 17th day of Decenther, 1945, by A. D, Witter and Helen Witter, husband and wife, over the north 80 feet of the south 1180 feet of lot 8, Section 27, Township 21 North, Range 4 East of the Willamette Meridian. (dd) Easement by Mrs, A. V,Sutherland, covering Tract 28, Maltby's Lake Geneva Fiva Acre Tracts, IsO Easement by Roy Olson and Mrav Roy Olson, husband and wife, covering Tractad Maltby's Five Acre Tracts. �und 7, (ff) Easement dated the loth day of September, 1945, by Norman E. Beamish and Florance M. Beamish, husband and wife, covering the south 40 feet of north 5 agree of the northeast quarter of Section 28, Township 21 North, Range 4 East of the Willamette Meridian, except County Road, and subject to essment if any to Puget Sound Power snd Light Co. �_ 7aY 7 1958 tggj Easement.d.ated the 14th day of November, 1945, by Perry M, Hall _ and Grace C. 3iali, husband and wife, covering in King County, beginning at a point 1343 feet north of southwest corner of Section 27, Township 21 North, Range 4 East of the Willamette Merid ism, thence north along said section line to the j r{ meander line of give Mile Lake.` IN WITNESS WHERROF, said corporation has caused this instrument to be executed by Itp proper officers and its corporate seal 'to be hereunto affixed this day of J -. LAKE C WAT C P I I U A .,a esident i i Secretary STATE OF WASHINGTON ) Orr :so County of ) ' c. on [ithis "` �%� tray of before me, � the uadersigned, a Cary Public in and for the o Was ngkon, duly com- t'� missioned and swo , personally appeared E,17 VURI I and IRENE CHASE, to me known to be the President and Secretary, re actively, of Lake Center Water Cooperative, the corporation that executed the foregoing instrument, and acknow- ledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that °W they are authorized to execute the said instrument and that the seal affixed is the corporatloeeal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. wl � �1+L• L� Notifry Public in and r i eate. of Washington, resi at • �r EASEMENT FOR LiNUERGROUlHa ELECTRIC SYSTEM ORIGINAL For and in considerati valuable consideratioon of One Dollar ($1.00) and other acknowledged, n, the receipt of which is hereby Tsxa^L• n n ("Grantor" heroin), grants, OD nveya and warrants to PUGEr SOUND POWER & LIGHT COMPANY, a Washington car- • poralion ("Grantee" herein), for be purposes hereinafter set forth a perpetual eaaemonl under, across end over the fol- lowingdescribed real properly ((he "Property" herein) --� County, Washington. The East 62.85 Peet of Lot 21 and all Of Lot 22, of Vick Addition, according to plat O in Volume 95 thereof, recorded ❑f Plats on Page 27, RecordS of King 17 County, Washington; . EXCEPT the Easterly 12 feet of said Lot 22; '~ 00 Located in the Southeast quarter of Section 20, Township 21 North, Range 4 East, 1•7.M. 1 % EXCISE TAX NOT REQ=J(RED King Ca. Retards D!Ws wi Except as may be otherwise set forth herein Grantee's rights shall be exercised upon 1 By portion of [he Properly (the "Rightb@Qp)y Of Way" herein) described as follows: Ilea-dysccEbodba �ollwwi: �� x��-�-�-�-�rfea4otwclswidl4aa oac4sideaLace�lea f i The South 10 feet of the West 10 feet of the above described property. 85Y051>; 0 B I .. -REED F _-Z;,,00 . R004;y CRSHSL *""11a"5, 00 55 I. Ir nsmulasf¢n And/oredistribue shall tion The right to on anucl. operal¢. malniatn, repair. ra�pleiace and ante purlenanc¢s Ihcreiar, which may inlciud¢ but a a i Ildmfied r¢ hcfn)low nglu�nd¢ r �"th o11 necessary orp an r mnyn�lonlcarp• lines; vnulls, manhvlea, awikhas, and rransformflM and semi -burled ll ground mounted cltt ec s ocabwing the in u"Ic wn- on wuclion of Its fadiilfes, cranlee may from lime I¢ Limo construct such additional ntedfacilfactties es n may v44 tth, munf l mi n. ruqtt Z• Aoamar, rsa hereunder, a shalt have the right of access to t1toco Right -of -Way over and across the Properly to enabio Crantee to exer. cise its rights hereunder, provided, that Grantee shall compensate Grantor for anydamage to the Propertycaused by the exer- cise of said right of oeceu, 8. Obstruclfane; faBld>caplrlp Grantee may from tim¢ to time remove treea, hushes, or other obstructions within the Rlghl. af--Way and msy ]oval and grade the Righ!•aFWey {o the extent ra¢sonshly ncsr.ary to play eul the purpps� sal Forth In Aura$r¢ph ] hereof, pyrovtdcd, that foFlowFng any such work, Grantee sholl, to [he ex!¢n1 reasonahly practicable, realore Ihe ake f Jill f-Waronarm y to the cendillon II was Immediately prior Iv ouch work. Following Ihe inslallallon ¢f Grantor's undergryund otherlpl b shall IleyPintadr lhureon which voudvid b¢ unre onabiandscopIng of the R 1.of- or res[arv. y exponslvo or improclfcal t r C en sad la removreoe nd of , Grantor reserves Ihe ish�haref;ui Srantpd ppro�ieed that Grantor shslllnol rnnshe tint js& ibu Right -or -Way any 6ulod any purpose ernm[ure ns The Right- aGWay which would interfore with the exmtlee of the rights herein Or grpnladhal o ulor ng any purpose nm urc an iThe with shut lon activity shall be deny on Ihs Properly x'hich would dry n the �omppaI no air un suit. Cingtr sl fadform of car, Right-o[-Way, or endanger the iolorol support le wfd fadllllea: and that no 6laslingshall he dono within 18 feet of ilia Rion 1ho Way. hfi' or i aucapeng and rarnrding this assemrnl, Granter agrees !o indemnify and hold harmtan Granter from any re� gerE I der rovi tea o141 Gr amagas suffered by any person wNch may be caused by 1heGran lees oxertlse of the rights °Bused try aLa our ons�ons oIf Gam¢*shall not bu responsible to Granlvr for any I juri¢s and/or damages to any person ran'A period of 1 a socce lvn years' ch evven alhls casemrnt shall tarmi ole nd all ri$hrs hereunder ahalFrev¢r o Gran- mr-pprov d¢d Thal na abandonmcnl shell 6c doomed !¢ have ocn rued by reason of Crant¢e'a foilura fo inilinil Enarn fedltlies on the Righlaf_Wsy within any period of limo tram Ihe date hereof. Y It its revile °ivc a aUCre d.righls and ¢bligalions of the parties shell inure to Ihe panel o[ and ho binding upon their A-1486 Kf?-44 0fi23487 214_so FILED FOR RECORD AT REQUEST OF: PUGET POW_r-R 37 t-n REAL ESTATE DIVISION { PUGPT POWER BLDG. i_ BELLEVUE, WASHINGTON 98009 ATTN: DICK DOWNY day of ,85 ' r GRANTOR S, `? TEX = RfiFiNiNG AAN/D� MARKETING INC. REGIONAL MWZ R—RWMMZG AND SUPPLY AND DISTRIBUTION (fltESTERN REGION) Asssxram� G\WASHINGTONINCTON )SSJmonally appeared before me the individual _ described in and who executed the within and foregoing Instrument, end acknowledged that the same as free and voluntary act and deed for the uses and purposes (herein mentioned. y han nd official seal this day of 19 Notary Public in and for the Slate of Washington, residing at STA'rE OF WASHINGTON ) SS COUNTY OF ) On this day personally appeared before me to me known to be the individual _ described in and w exelutud the wllhln and foregoing instrumrmt, and acknowledged that signed the same as free and volu ry act and deud for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day or 19 Notary Public in a for the Stale of Washington, residing at STATE OF WASHINGTON J SS COUNTY OF I On this day personally appeared before me to me known to be the indlvidual — described in and who executed the within and foregoing instrumen , d acknowledged that signed the same as free and voluntary act end deed for the uses and purposes I reln mentioned. GIVEN under my hand and official seal this day of 19 Notary Public in and for the Slate of Washington, residing at STATE OF WASHINGTON ) SS CORPORATE ACKNOWLEDGMENT COUNTY OF On This _ day of , 19 .R S , before me, the undersigned, personally appeared and to me known to be the and mFx,respectively, of -EXAM $Eb' the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the Free an untary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporaton. Witness my hand and official seal hereto affixed the day and year above written. Notary Public in and for i fete of Washington, .I residing at 49 After Recording Please Return To: Equdon Enterprises LLC P O. Box 4453 Houston, TX 77210-4453 Special Warranty Deed \� STEWART TITLE Reference Number(s) of Documents assigned or released A D " 0 / S � Q Additional reference #'s on page of document r— c-y Grantors) (Last name first, then first name initials) 1 Texaco Refining and Marketing Inc. COURTESYRr"'""f LY `- 2 NO UABIUT AND/ORACCU ;,•,t� � ❑ Additional names on page of document BYSiEW. o Grantee(s) (Last name first, then first name initials) C7) 1. Equilon Enterprises LLC 2. D Additional names on page of document Legal Description (abbreviated i e Jot, black, plat or section, township, ran e) I UV VY ��-/ 0 Additionat legal on page of document Assessor's Property Tax Parcel/Account Number 5 9q q C'�//5--0/ 0 Assessor Tax # not yet assigned. E1761305 00127/2090 13 : x7 KING COUNTY, WA b 00 AGE sAtA P001 OF 002 When Recorded Return to: Stewart Title Guaranty Company Attn: Ems.- TA+es 1980 Post Oak Blvd., #610 Houston, TX 77056 The undersigned Grantor declares that the Documentary Transfer Tax is lea This transfer of real property does not represent a change in beneficial ownership. It is merely a transfer of property among members of an affiliated group to effectuate corporate restructuring. Pursuant to WAC 45"1-375(2)(e). SPECIAL WARRANTY DEED This Indenture, made as of -�O g by Texaco Refining and Marketing Inc., a Delaware corporation h ving an office at 10 Universal City Plaza, Universal City, California (the "Grantor") to Equilon Enterprises LLC, a Delaware limited liability company, having an office at 1100 Louisiana Avenue, Houston, Texas (the "Grantee"). WITNESSETH In consideration of $10 and other good and valuable consideration paid in lawful money of the United States, the Grantor does hereby grant, convey and release unto Grantee, its successors and assigns forever, all those certain plots, pieces and parcels of land more particularly described in Exhibit A attached hereto and made a part hereof (the "Property"), together with the buildings, fixtures and improvements thereon erected, together with all right, title and interest, if any, of Grantor in and to any streets and roads abutting the Property to the center lines thereof, Prepared by Herbert F lach, Jr, Esquire Smith & lach 610 Main Street P O Box 1101 Dennis Port, Massachusetts 02639 (508) 394-1377 together with the easements, appurtenances and other hereditaments appurtenant to the Property and all the estate and rights of the Grantor in and to said Property, subject to all easements, rights of way and other matters of record affecting same, but provided, that Grantor expressly saves, retains, reserves and excepts from this conveyance unto itself and its successors and assigns, all right, title and interest in and to any oil, gas, and other minerals (including, without limitation, helium, lignite, sulphur, phosphate and other solid, liquid and gaseous substances), regardless of the nature thereof and whether similar or dissimilar but only to the extent any of the foregoing is in its natural state and natural location and not subject to the dominion and control of any person, and the right to explore for, develop and produce same, as well as the right to lease such portion of the Property hereby reserved for such purposes, and all mineral and royalty rights whatsoever in, on, under and pertaining to the Property, but the Grantor, its successors and assigns, shall have no right to use, or right of ingress to or egress from any part of the surface of the Property for exploration and producing purposes; and any oil and gas drilling operations, shall be conducted by means of wells, the surface locations of which are on other lands and which may be drilled into and bottomed in or under the Property. The Grantor shall exercise its rights under the foregoing mineral, oil and gas reservation so as not to disturb any improvements, installations, petroleum or other products contained in such improvements or installations or surface activities F— on the Property. The Grantor is to receive and retain all bonuses, rentals and royalties payable under any such mineral, oil and gas lease or leases. The Grantor may assign, transfer, sell or convey such oil, gas and mineral r' reservation to any person, corporation, partnership or other entity TO HAVE AND TO HOLD the Property unto Grantee, its heirs, successors and assigns forever. r� The Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the Property unto Grantee against every person whomsoever lawfully claiming or to claim same by, under or through Grantor, but not otherwise. The preceding sentence is for the benefit of Grantee and the parties now or hereafter constituting Grantee and may not be relied on or enforced by any other entity, including, without limitation, any direct or remote successor in title to Grantee or any title insurer of Grantee or its direct or remote successors in title, by 2 way of subrogation or otherwise. IN WITNESS WHEREOF, the Grantor has duly executed this Special Warranty Deed as of the day and year first above written. TEXACO REFINING AND MARKETING INC. B ame: pi LA Y Title. 1/T« �/lar:o�riw'f By. Na e : 1yjA,e/f G !/A,v a 14 4C Title: �Qssi sTil v7- Sg a eo STATE OF NEW YORK ) ) SS. �— COUNTY OF WESTCHESTER ) On this the'"` day of l�1 y before me, � 160 4 CU the undersigned Notary Public, personally appeared #19 L L 1 . M yE,�2 SC�rz� M/►�I G ►�'" >>"%''�' personally known to me to be the persons whose names are subscribed to the within LO C-� instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. c-, Witness my hand and official Seal. Notary Public Commission Expire RA"In a LONGER Vork No 0 UN5022305 ❑usllf,ed In Westchester Courft Commission Expires January 10, 3 v— Cn O C_ GV t0 cm EXHIBIT "A' FEDERAL WAY, WA 1520 - 348TH SO. 889700-0115-01 PARCEL A: The East 62.85 feet of Lot 21 and all of Lot 22, of VICK ADDITION, according to the plat thereof recorded in Volume 45 of Plats, Page 27, records of King County, Washington; EXCEPT the Easterly 12 feet of said Lot 22. PARCEL B: A common use easement for ingress and egress described as follows: Beginning at the Southwest corner of the heremabove described tract and running THENCE West in a projection of the South line of said tract a distance of 25 feet; THENCE Northeasterly to a point on the West line of the hereinabove described tract which lies 25 feet North of the Point of Beginning; THENCE South along said West line 25 feet to the Point of Beginning. 0 Situated in the County of King, State of Washington i - I QUIT -CLAIM DEED The atantor .... bermu.........PAM !4mkwp.9.4-�E�4@1:4 By: Investment Exchange Corporation, General Partner, Richard W.Leningtc ... _....... Vi8'8 PY g$IileTiC >fYii4"Tx7ByiF 3:"7]eiiif�FL�Y J[nC: '�aretaFy_.-........_.-- -. for the consideration of........_nn?..A31.4�..iS21100..-.-._-.-.-.-.--_.--.-_-.-.-.-.-.--.-.--...($1.._��.-_-.-.-�ollara and also of benefits to accrue to them .........................by reason of laying out and establishing a public road through... their ...................property, and which is hereinafter described, convey......... release........, and quit- claim....... to the County of........_�_CAA9.....................................................................State of Washington, for use of the Public forever, as a public road and highway, all interest in the following described real estate, viz.: East 12 feet of Lot 22, Vick Addition, Volume 45 of plats page 27, records of King County, Washington. R/W 16th Ave. South together with the right to maka. all necessary slopes for outs and fills upon the abutting property, and on each aide of said described right-of-way, in conform -sty with standard plum and apeeif]nations for bighway purposes, and to tha samo extent and purpose as if the right* herein granted had been no gnlred by condemnation procuA- inga under Eminent Domiin atatutca of the Ststo of Washingeon, situated in the County of. _:x-4 ........ .. ............. . .. ... ....... ... State of Washington. Dated this.......... 12th............ day of. ............ March ................................. A D. 19.68..... Commonwealth Investors Group, a Wa.Ltc T partnership artner artnr IAPR 9-1968 20091221000384.00' After Recording Return To: Name: Address: it ' ;� 41 ti � I I Bill 1 �I 200912210 0384 CMICAGO TITLE 4 72.00 PAM-001 OP 011 KINGICOUNTY,0Wg9 This instrument Was Prepared By: �� Beverly J. Klug as Agent for EQUILON ENTERPRISES LLC %ING 12�2COUNTY, GA1 t2009 10:25 2400 Two Houston Center TAX 1 91T K0300 PAGE-001 OF 001 909 Fannin Street SALE '� I louslon. TX 7701_0 Abbreviated Legal Description: Portion of Lots 21 & 22, Volume 45 of Plats, Page 27 Tax Parcel ID No.: 889700-0115-01 BARGAIN AND SALE DEED THIS BARGAIN AND SALE DEED ("Deed"), dated to be effective December 8, 2009 ("Effective Date"), is by and between EQUILON ENTERPRISES LLC, a Delaware limited liability company, dba Shell Oil Products US, with offices at Pennzoil North Tower, 700 Milam Street, Office 2069A, Houston, Texas 77002 (herein called "Grantor"), and Jacksons Food Stores, Inc. (herein called "Grantee"), pursuant to that certain Asset Purchase and Sale Agreement, dated as of the 7'h day of December, 2009 (`Agreement"), by and between Grantor and Grantee. WITNESSETH: For and in consideration of the sum of $1,017,503, and the mutual covenants set forth in the Agreement, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL, CONVEY and RELEASE unto Grantee its successors and assigns forever. all of Grantor's right, title and interest, if any, in and to the Premises more particularly described in "Exhibit A" attached hereto and made a part hereof (the "Premises"), together with any buildings, fixtures and improvements owned by Grantor and located thereon. Together with all right, title and interest, if any, of Grantor in and to any streets and roads abutting the Premises to the center lines thereof, plus all the estate and rights of Grantor in and to any easements, rights, privileges, appurtenances and other hereditaments appurtenant to the Premises; Grantor expressly SAVES, RETAINS, RESERVES and EXCEPTS from this conveyance unto itself and its successors and assigns, all right, title and interest, if any, in and to any oil, gas, and other minerals (including, without limitation, helium, lignite, sulfur, phosphate and other solid, liquid and gaseous substances), regardless of nature thereof and whether similar or CHICACD TRU M& Co Cost Center # 12069B IicF# f ��- Address: 1520 348th S , Federal Way, WA 20091221000384.00: dissimilar but only to the extent any of the foregoing is in its natural state and natural location and not subject to the dominion and control of any person, and, upon thirty (30) days prior written notice to Grantee, the right to explore for, develop and produce same, as well as the right to lease such portion of the Premises hereby reserved for such purposes, and all mineral and royalty rights whatsoever in, on, under and pertaining to the Premises; but Grantor, its successors and assigns, shall have no right to use, or right of ingress to or egress from any part of the surface of the Premises for exploration and producing purposes, except with respect to (i) current activities at and any existing contractual or leasehold rights granted to third parties and (ii) any additional activities which have been consented to in writing by Grantee, whose consent shall not be unreasonably withheld. Except as set forth in the preceding sentence, any oil and gas drilling operations, shall be conducted by means of wells, the surface locations of which are on other lands and which may be drilled into and bottomed in or under the Premises. Grantor shall exercise its rights under the foregoing mineral, oil and gas reservation so as not to disturb any improvements, installations, petroleum or other products contained in such improvements or installments or surface activities on the Premises. Grantor is to receive and retain all bonuses, rentals and royalties payable under any such mineral, oil and gas lease or leases. Grantor may assign, transfer, sell or convey such oil, gas and mineral reservation to any person, corporation, partnership or other entity. This conveyance is made by Grantor and accepted by Grantee SUBJECT TO all reservations, exceptions, restrictions, easements, encumbrances, rights of way, ad valorem taxes, zoning regulations, other matters of record as of the date of this Deed affecting same and the items set forth on "Exhibit B", to the extent that the same are currently valid and enforceable against the Premises. TO HAVE AND TO HOLD the Premises unto Grantee, its successors and assigns in fee simple forever; but: IN ADDITION TO THE FOREGOING, Grantor grants the Premises to Grantee subject to the following covenants and restrictions: 1. From and after the Effective Date until December 31, 2031, or a market withdrawal by Grantor affecting the Premises, as defined by the Petroleum Marketing Practices Act, 15 U.S.C. § 2802(b)(2)(E), whichever is earlier ("Termination Date"), if motor fuel is stored, advertised or sold at or from the Premises, the motor fuel stored, advertised or sold shall be sold under the "Shell" trademark ("Brandt Covenant"), all as more fully set forth in that certain Branding and Product Purchase Commitment Agreement dated as of the Effective Date, by and between Grantor and Grantee ("Branding Agreement"). The Brand Covenant shall expire automatically on the Termination Date without need for filing a release, or other action of either Grantor or Grantee. The Premises and every portion thereof shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered and conveyed subject to the Brand Covenant. The Brand Covenant and the remedies for breach thereof, as provided in the Branding Agreement, shall run with the land, and pass with each and every portion of the Premises, and shall apply to and bind the respective successors, assigns and transferees and subsequent owners in interest thereof. The Brand Covenant is imposed upon the entire Premises. Breach of the 20091221000384.00: Brand Covenant shall not divest Grantee or any successor or assign of Grantee from title to the Premises. Grantee agrees to include the Brand Covenant in any conveyance or assignment of the Premises to a successor grantee prior to the Termination Date and, as a condition of any conveyance of the Premises, to require successor grantees to enter into an agreement assuming all obligations of Grantee under the Branding Agreement. 2. Unless the Premises is a "Released Premises", as defined in the Branding Agreement, until the Termination Date, Grantor and its successors and assigns retain a right of first refusal to purchase the Premises, pursuant to the terms of the Branding and Product Purchase Commitment Agreement dated as of the Effective Date ("Right of First Refusal"). The Right of First Refusal shall expire automatically on the Termination Date, without need for filing a release, or other action of either Grantor or Grantee. The terns of the Right of First Refusal are set forth on "Exhibit C". 3. Grantee has granted a right of access to Grantor pursuant to the terms of an Access Agreement dated as of the Effective Date, which is being recorded on the same day as this instrument. 4. Grantee covenants and agrees that: (a) No groundwater shall be taken for any use from the Premises, and Grantee further covenants and agrees that it shall not install, and shall prevent any subsequent purchaser or permitted assignee of the Premises from installing, any well or other tank, pump or related equipment for the use or storage of potable water at the Premises. Nothing herein shall prevent the use or supply of any state, county, or municipal water used, applied or consumed at the Premises; (b) The Premises shall be used only for commercial uses, and Grantee further covenants and agrees that it shall not improve or use, and shall prohibit any subsequent purchaser or permitted assignee of the Premises from using or improving, the Premises for residential purposes (including multi -family residential uses), or for any hospital, elder care or day care center, or for a park or playground; (c) If contaminated soil is present under a structure or cap, Grantee shall not alter, modify, or remove the existing structure(s) on the Premises in any manner, or conduct any activity in the capped areas of the Premises, that may result in the release or exposure to the environment of any contaminated soil, or create a new exposure pathway, without prior written approval of Grantor and the State of Washington Department of Ecology. Some examples of activities that are prohibited in the capped areas include: drilling, digging, placement of any objects or use of any equipment which deforms or stresses the surface beyond its load bearing capability, piercing the surface with a rod, spike or similar item, bulldozing or earthwork; 20091221000384.00' (d) Each of these covenants shall run with the Premises, and pass with each and every portion of the Premises, and shall apply to and bind the respective successors in interest thereof; NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BUT SUBJECT TO THE TERMS OF THE PURCHASE AGREEMENT, GRANTEE ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT GRANTEE HAS BEEN GIVEN THE OPPORTUNITY TO MAKE FULL AND COMPLETE INSPECTIONS OF THE PREMISES TO GRANTEE'S SATISFACTION PRIOR TO THE EFFECTIVE DATE I IEREOF AND THAT, AS OF THE EFFECTIVE DATE HEREOF, GRANTEE IS RELYING SOLELY ON GRANTEE'S OWN INVESTIGATIONS OF THE PREMISES AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR, OR ANY AGENT, REPRESENTATIVE OR OTHER PARTY ACTING ON BEHALF OF GRANTOR. IT IS THE UNDERSTANDING AND INTENTION OF THE PARTIES THAT THE SALE OF THE PREMISES FROM GRANTOR TO GRANTEE IS MADE ON AN "AS IS, WHERE IS" BASIS AND WITH ALL FAULTS. GRANTEE ACKNOWLEDGES THAT, EXCEPT AS SET FORTH HEREIN, GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, EXPRESS OR IMPLIED, ORAL OR WRITTEN, RELATING TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR PRESENT OR FUTURE CONDITION OF THE ASSETS, INCLUDING WITHOUT LIMITATION THE PREMISES, (B) THE COMPLIANCE OF, OR BY, THE PREMISES WITH ANY LAWS OF ANY APPLICABLE GOVERNMENTAL ENTITY, (C) THE LIABILITY, MERCHANTABILITY, MARKETABILITY, OR PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PREMISES, INCLUDING WITHOUT LIMITATION THE ASSETS THEREON, OR (D) ANY OTHER MATTER WITH RESPECT TO THE ASSETS. GRANTEE REPRESENTS TO GRANTOR THAT GRANTEE IS RELYING, HAS RELIED AND SHALL IN THE FUTURE RELY SOLELY UPON ITS OWN INVESTIGATIONS, INSPECTIONS AND STUDIES OF THE PREMISES, AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR, GRANTOR'S AGENTS OR CONTRACTORS OR OTHERWISE GENERATED FROM THIRD PARTY SOURCES. GRANTOR SHALL NOT BE LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT, REPRESENTATION OR INFORMATION PERTAINING TO THE PREMISES OR THE OPERATION THEREOF FURNISHED BY ANY PARTY PURPORTING TO ACT ON BEHALF OF GRANTOR, INCLUDING, WITHOUT LIMITATION, ANY AGENT, BROKER OR SALESPERSON. GRANTEE ACKNOWLEDGES THAT THE PURCHASE PRICE HAS BEEN SPECIFICALLY NEGOTIATED AND ADJUSTED TO TAKE INTO ACCOUNT THE AS -IS NATURE OF THIS SALE AND THE DISCLAIMERS AND WAIVER OF REPRESENTATIONS AND WARRANTIES AS STATED HEREIN. SUBJECT to the foregoing, Grantor covenants with Grantee that Grantor will warrant specially the Premises herein conveyed and defend title to the Premises against the lawful claims of all persons claiming by, through, or under Grantor, but not otherwise, provided, that this conveyance and the special warranty made by Grantor contained herein are subject to the matters contained herein and any and all matters of record as of the date of recording. The preceding sentence is for the benefit of Grantee and the parties now or hereafter constituting Grantee and may not be relied on or enforced by any other entity, including, without limitation, any direct or remote successor in title to Grantee or any title insurer of Grantee or its direct or remote successors in title, by way of subrogation or otherwise. 20091221000384.00! IN WITNESS WHEREOF, Grantor has caused this Deed to be duly executed on the day and year first above written. EQUILON ENTERPRISES LLC B v: Name: David N. Burrow Title: Manager, Portfolio & Alliances US STATE OF TEXAS ) ) SS. COUNTY OF HAR.RIS ) The within and foregoing instrument was acknowledged before me this g.y day of December, 2009, by David N. Burrow, the Manager, Portfolio & Alliances US of Equilon Enterprises LLC, a Delaware limited liability company doing business as Shell Oil Products US, on behalf of said limited liability company. Witness my hand and official seal. My commission expires: NOTARY PUBLft Printed Name- KIM 20091221000384.00E ACKNOWLEDGED, ACCEPTED AND AGREED TO THIS DAY OF December, 2009: "GRANTEE" JACKSONS FOOD STORES, INC. B " Name: John D. Jackson Title: Chief Executive Officer Date: December. 2009 STATE OF IDAHO § COUNTY OF ADA § The foregoing instrument was acknowledged before me this 7 day of December, 2009, by John D. Jackson who is the Chief Executive Officer of Jacksons Food Stores, Inc., a Nevada corporation, and that said instrument was signed on behalf of said corporation. Witness my hand and official seal. NPTARY PUBLIC�� --� rint Name: My commission expires: 3 Iz- 'k t s1 � 20091221000384.001 EXHIBIT ''A" Legal Description Tax Parcel: 939700- EAST 62.C5 FEET ice_ LOT C_ AND ALL OF L07 22, V_CK -ter._ 0N, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF .IA:S, PASZ:S, 27, N KING COUNTY, 'WA.SHI GTON; EXCEPT THE EASTERLY 12 FEET OF SAID LOT 22; TOGETHER WITH A COMMON USE EASEMENT FOR INGRESS AND EGRESS DESCRIBED AS FOLLOWS: F.F:C,INNING AT THE SOUTHWEST CORNER OF THE HEREINABOVE DESCRIBED TRACT AND RUNNING THENCE WEST IN A PROJECTION OF THE SOUTH LINE OF SAID TRACT A DISTANCE OF 25 FEET; THENCE NORTHEASTERLY TO A POINT ON, THE WEST LINE OF THE HEREINABOVE DESCRIBED TRACT WHICH LIES 25 FEET NORTH OF THE POINT OF BEG:NNING; THENCE SOUTH ALONG SAID WEST LINE 25 FEET TO THE POINT OF BEGINNING. C C# 120698 1520 3481h South Federal Way. WA 20091221000384.001 Exhibit B Permitted Encumbrances CC# 120698 1520 348TH STREET SOUTH FEDERAL WAY, WASHINGTON 1. The lien for real property taxes for the year 2009, and any liens for special assessments which as of the date hereof, are not due and payable. 2. Easement and the terms and conditions thereof granted to King County Water District No. 100 (Assignee) for pipelines and facilities and recorded among the Real Property Records of King County, Washington, on May 7, 1958, under recording number 4899141. 3. Underground Utility Easement and the terms and conditions thereof granted to Puget Sound Power & Light Company, a Washington corporation for electric transmission and/or distribution system together with all necessary or convenient appurtenances affecting the South 10 feet of the West 10 feet of said premises and recorded among the Real Property Records of King County, Washington, on May 10, 1985, under recording number 8505100840. Said easement contains a covenant prohibiting structures over said easement or other activities which might endanger the underground system. 4. Easement condemned in King County Superior Court and the terms and conditions thereof in favor of the City of Federal Way for right-of-way for overhead utilities and utility poles affecting the Easterly portion of said premises and recorded among the Real Property Records of King County, Washington, under Cause Number: 91-2-13980-6. 5. Exceptions and Reservations contained in Deed from Texaco Refining and Marketing Inc., a Delaware corporation, recorded on June 27, 2000, under recording number 20000627001737. Said Deed includes, among other conditions, the following: "The grantor, its successors and assigns, shall have no right to use, or right of ingress to or egress from any part of the surface of the property for exploration and producing purposes...." 6. Covenants, conditions, restrictions, easements, notes, dedications and setbacks, if any, set forth in or delineated on said Plat of Vick Addition recorded among the Plat Records of King County, Washington. 20091221000384.005 Exhibit B continued 7. Right to make necessary slopes for cuts or fills upon property herein described as granted in Deed to King County, recorded among the Real Property Records of King County, Washington, on April 9, 1968, under recording number 6330339. 8. Survey done by Terramark for the Matthews Company dated April 7, 2009, under Job No. 32664, disclosed the following matters: a. Chain link fence appurtenant to the Northerly adjoining property encroaches onto said premises up to a distance of 0.1 feet. b. Asphalt, curbing and planting areas appurtenant to said premises extend into the adjoining public rights of way of 16`h Avenue South and 348th Street South. 20091221000384.01 I EXHIBIT C Right of First Refusal (a) If at any time during the period from the Effective date until the Termination Date (the "Brand Covenant Period"), Grantee or any Person owning the Premises (a "Premises Owner") (i) receives an acceptable bona fide offer to purchase or lease from a ready, willing, and able purchaser or lessee which Grantee or any Premises Owner desires to accept, or (ii) makes a bona fide offer to sell, lease or otherwise transfer to such a purchaser or lessee, all of Grantee's or any Premises Owner's right, title and interest in and to the Premises or any particular Premises, or any interest therein ("Offer"), Grantee or such Premises Owner shall provide written notice to Grantor, specifying the name and address of the buyer or lessee and the price and complete terms of the Offer, accompanied by Grantee's or any Premises Owner's affidavit that the proposed sale or lease transaction described in the Offer is in good faith. Grantor will then have the prior option to purchase or lease any of such Premises at the price and on the terms of the Offer, but subject to the terms provided below ("Right of First Refusal"). (b) Grantor shall provide written notice to Grantee or such Premises Owner, as applicable, of Grantor's election to exercise its Right of First Refusal within 30 days after Grantor receives such Person's written notice of the Offer. Within 20 days after the date of the notice provided to such Person of Grantor's election to exercise its Right of First Refusal, Grantor shall designate a title company and provide written notice to such Person of the same. Such Person shall deposit with the title company a recordable special warranty deed or lease, as applicable, to Grantor, in form satisfactory to Grantor, for the applicable Premises. Grantor shall deposit with the title company any earnest money required by the Offer. Promptly thereafter, such Person shall (or Grantor may), at Grantor's expense, order from the title company a report on title to (or leasehold interest in) the applicable Premises and a commitment for an owner's or lessee's (as applicable) policy of title insurance. Upon written notice from Grantor to such Person and the title company that title is acceptable, which notice shall not be later than the time set forth in the Offer, the title company shall deliver to Grantor the deed or lease executed by such Person, together with the owner's or lessee's (as applicable) policy of title insurance, against payment by Grantor of the purchase price (which shall include payment of any costs, fees, expenses, documentary, transfer and like taxes required to paid by Grantor), less any earnest money, as such allocation of costs, fees and expenses may be set forth in the Offer. Thereafter, the title company shall deliver to such Person the purchase price required by the Offer less the amount of any liens accepted by Grantor and less the amount of any and all costs, fees, expenses, documentary, transfer and like taxes required to paid by such Person as set forth in the Offer. Taxes and rent will be prorated as of the date of delivery of the deed (or the assignment of lease, as applicable) from the title company to the Grantor. Upon receipt from Grantor of written notice that the title is not acceptable, Grantee or such Premises Owner, as applicable, shall use commercially reasonable efforts to cure such title objections by the closing, including, without limitation, insuring against or providing a bond or suitable escrow for, any lien or other encumbrance that represents a liquidated amount or sum of money. If such Person is unable to cure the title to Grantor's satisfaction, Grantor may elect not to purchase the applicable Premises, in which case the title company shall return the deed (or assignment of lease) to such Person, and the 20091221000384.01' earnest money to Grantor. If Grantor elects to not exercise its Right of First Refusal for any reason, Grantee or such Premises Owner, as applicable, may sell the applicable Premises under the terms described in the notice of the Offer provided to Grantor. Any proposed sale of any Premises under materially different terms than those described in such notice of the Offer is subject to the Right of First Refusal provisions described herein. For purposes of the preceding sentence, an extension of the closing date by not more than ninety (90) days, or a reduction in the purchase price by not more than three percent (3%) are examples of non -material changes to the Terms of the Offer. (c) The Right of First Refusal is not limited by any other rights Grantor has under the Branding Agreement or elsewhere, if any, to acquire the Premises. The Right of First Refusal runs with the land or leasehold interest, inures to the benefit of, and binds the respective successors in interest and assigns thereof. Grantor's failure to exercise its Right of First Refusal on any Premises is not a waiver of its right to a Right of First Refusal for any other Premises. The failure of Grantor to exercise the Right of First Refusal as to a Premises shall release that Premises from the Right of First Refusal from and after its conveyance. (d) The Right of First Refusal shall not apply to any lease or sublease by Grantee to any Third -Party or other Person operating a retail motor fuel facility at a Premises using the Brand, as defined in the Branding Agreement, pursuant to a written agreement with Grantee or any Affiliate of Grantee, provided, Grantee retains ownership and control of, and full contractual and regulatory responsibility for, the UST System throughout the term of the lease or sublease with such Third -Party or Person and Grantee complies with the provisions of Section 9.6 (Future Conveyances) of that certain Contribution and Sale Agreement, dated as of the 8th day of December, 2009 ("Contribution Agreement"), by and among Grantor, Grantee, and PacWest Energy, LLC. (e) The Right of First Refusal shall not apply to a transfer of Premises by operation of a partition action under the Limited Liability Company Agreement of PacWest Energy, LLC (the "LLC Agreement'). 20091221000385.00' This instrument prepared by, and when recorded, return to: Beverly J. Mug as Agent for EQUILON ENTERPRISES LLC 2400 Two Houston Center 909 Fannin Street Houston. TX 77010 CC# 120698 11 200912210003o;u CHIC!GO TITLE AG 67•00 PRGE00I O1 0as 12/21/2069 10:39 KING COUNTY, WA ACCESS AGREEMENT This Access Agreement ("Agreement"), dated as of the 8th day of December, 2009, is by and between Equilon Enterprises, LLC, a Delaware limited liability company doing business as Shell Oil Products US ("Seiler"), with a place of business at 700 Milam Street, Office 2069A, Houston, Texas 77002 and JACKSONS FOOD STORES, INC., a Nevada corporation ("Buyer"), with a place of business at 3450 Commercial Court, Meridian, Idaho 83642. RECITALS WHEREAS, Seller and Buyer, are parties to that certain Asset Purchase and Sale Agreement dated as of the 7th day of December, 2009 (the "Purchase Agreement"), pursuant to which Seller has agreed to transfer to Buyer and Buyer has agreed to accept from Seller, all of Seller's right, title and interest in and to the Assets, including without limitation the Purchased Premises described on Exhibit A hereto (the "Premises"); and WHEREAS, in accordance with the Purchase Agreement, Seller may require access to the Premises in connection with certain post -closing activities contemplated or required by the terms of the Purchase Agreement; NOW, THEREFORE, in exchange for the mutual promises and considerations stated herein and in the Purchase Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: ARTICLE 1. DEFINITIONS AND PROCEDURES 1.1 Definitions and Procedures. Unless defined in this Agreement or the context shall otherwise require, terms used and not defined herein shall have the meanings set forth in Schedule A to the Purchase Agreement, and unless otherwise provided in this Agreement, all rules as to usage and procedural conventions set forth in Schedule B to the Purchase Agreement shall govem this Agreement. IT I �l �? CF?1CAG0 RILE I,:S. Co 41 -., ,i ti�7 C" -C'I f Address: 1520 348th S., Federal Way, WA 20091221000385.00: ARTICLE 2. GRANT OF LICENSE; REMEDIATION 2.1 Grant of License. (a) Buyer, as owner or tenant of the Premises, hereby grants a nonexclusive irrevocable license from the date of this Agreement to Seller, its employees, authorized agents and contractors, to enter the Premises to perform any and all post Closing activities contemplated by Section 4.6. (Removal of UST Systems), Section 9.6 (Future Conveyances/ Leases), Section 9.8 (Conversion Date for Premises), Article 12 (Environmental Indemnification) and Article 13 (Cooperation and Performance of Environmental Remediation and Indemnification) of the Purchase Agreement, which activities include, but are not limited to, tank removal or closure activities, remediation activities, and engineering or environmental studies, tests, survey, appraisals or inspections. (b) This Agreement is intended and shall be construed only as a temporary license and is not intended to be a grant of an easement or any other interest in the Premises. 2.2 Exercise of License. In exercising its rights under this Agreement, SOPUS agrees that, to the extent practicable, SOPUS will conduct all activities on the Premises in a commercially reasonable manner. SOPUS shall use its reasonable efforts to give Buyer prior notice of any activity at the Premises involving any excavation or activity that obstructs access to the Premises. ARTICLE 3. COVENANTS 3.1 Assignment, Successor and Assigns. Provided that this Agreement has not otherwise terminated as set forth in Section 4.1, in the event Buyer's interest in the Premises is conveyed, transferred or in any way assigned in whole or in part to any other person or entity, whether by contract, operation of law or otherwise, Buyer shall (a) provide prior written notice to Seller of such conveyance or transfer; and (b) comply with the provisions of Section 9.6 of the Purchase Agreement (Future Conveyances/Leases). ARTICLE 4. TERMINATION 4.1 Termination. This Agreement shall automatically terminate, without any further action of either Seller or Buyer, upon the later to occur of (a) termination of Seller's rights and obligations under Section 4.6 of the Purchase Agreement (Removal of UST Systems) or (b) termination of Seller's obligation, if any, to indemnify Buyer or perform Remediation pursuant to Article 12 (Environmental Indemnification) and/or Article 13 (Cooperation and Performance of Environmental Remediation and Indemnification) of the Purchase Agreement. ARTICLE 5. INDEMNITIES 5.1 Indemnification. This Agreement is delivered pursuant to the Purchase Agreement and is subject to the provisions, including, without limitation, provisions relating to -2- 20091221000385.00: indemnification by Seller and by Buyer, and the limitations in respect of such indemnification set forth therein. ARTICLE 6. MISCELLANEOUS 6.1 Dispute_ Resolution. All disputes between Seller and Buyer arising out of, relating to, or in connection with this Agreement, including, without limitation, any Claim or question relating to this Agreement's negotiation, performance, non-performance, interpretation or termination or the relationship between Seller and Buyer contemplated or established by this Agreement, shall be referred to and finally resolved pursuant to the dispute resolution provisions of Schedule B of the Purchase Agreement, This Section 6.1 shall survive indefinitely. 6.2 Notice. Any notice, consent, request, report, demand, or other document required to be given to one Party by the other shall be in writing and be delivered to or mailed to the receiving Party at its address and in the manner set forth in the Purchase Agreement. 6.3 Environmental investigation and Remediation. Buyer agrees that Seller is under no obligation to Buyer to remedy or respond to any Environmental Condition at the Premises for which Seller is not responsible under the Purchase Agreement. Seller and Buyer agree that no provision of this Agreement shall expand Sellers obligations to respond to Environmental Conditions not specifically identified in the Purchase Agreement and shall not be construed to be an admission of liability, wrongdoing or violation of any Law by Seller or Buyer or their predecessors, successors or permitted assigns. 6.4 Governing Law. This Agreement shall be construed in accordance with the internal laws of the State of Delaware. 2063181.1 [SIGNATURES APPEAR ON FOLLOWING PAGE] -3- 20091221000385.0N IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the date set forth above. SELLER SHELL OIL PRODUCTS US By: Name: David N. Burrow Title: Manager, Portfolio & Alliances US State of Texas § County of Harris § The foregoing instrument was acknowledged before me this U - day of December, 2009, by David N. Burrow who is the Manager, Portfolio & Alliances US of Equilon Enterprises, LLC, a Delaware limited liability company doing business as Shell Oil Products US, and that said instrument was signed on behalf of said limited liability company. Witness my hand and official seal. An N HOPE A, BURLES0t4 NO''AAY PUBLIC COMM-ATE OF TEXAS ��...EXPIRES 01-0�_2011 My commission expires: NOTARY PUBLIC Print Name: -4- 20091221000385.001 BUYER JACKSO OD STORES, INC. By: Name: a n D. Jackson Title: Chief Executive Officer State of Idaho § County of Ada § The foregoing instrument was acknowledged before me this % day of December, 2009, by John D. Jackson who is the Chief Executive Officer of Jacksons Food Stores, Inc., a Nevada corporation, and that said instrument was signed on behalf of said corporation. Witness my hand and official seal. My commission expires: 3k�� TARY PUB S0 c P Print Name: c f4 -5- 20091221000385.00E EXHIBIT "A" Legal Description Tax Parcel: 889700-011-D-01 THE EAST 62.85 : EE OF LOT 21 AND ALL OF L07- 22, VICK nDL_TION, iCCOK.D,.,� TO "r._ _ r._ 7-HEREOF RCvKvE� I:. :OL LI_ O- FLATS, :A. .s. -N K-Nrz COUNTY, Wr SHT_�i'T_-N; THE '2 7EE- O SAT LOT 22; TOGE='HER Y:ITH A CONDIGN USE EASEMENT FOR INGRESS AND EGRESS DE CF.IBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE H REINABOVE DESCRIBED TRACT AND tU:VNIN.:� THENCE :JEST IM A PROJECTION OF THE SOUTH L N7- OF SAID TRACT C=STANCE OF 25 FEET; ,RTHEA a_Y TO r. POINT ON THE h' 5L _ _ v_ _ D=SCRiBe- ?ACT n=_._... =CS 25 FEET NORTH OF THE FO=`:T CF _.;ENCE S' H lNi^ '_ NE ` FEET TO F - _.,. �, ALC,i .� S:�IG r'iEoi :.I �� THE F'GIiI. OF CC# 120698 1520 343th South Federal Wav, NVA V, Y - - ti!¢�'SFV �cwrt.=s�.u-w�:..:v.=nu.i+�4"aaS�e•�t.u.�ra..., n. ae;7:. 'Ws=Y........ _..-b-._n.�__.w�. Scr... ...--_._ .....-- .•e.+r�rrr�.u�i,�a.�-._>_ ... ...su .• • C. H. Grady F F. C. Youngman ` 14030 - 12th N.E. Seattle, Wa. 98125 a EASEMENT THIS AGREEMENT made this _day of190L by and between the LAKEH.AVEN SEWER DISTRICT, a municipal corporation of King County, Washington, hereinafter termed "Grantee", and C. H.-- Grady and-F.—C. Youngman - i O — hereinafter termed "Grantor". hereinafter !' `D riITNESSETH: cV- That the said Grantor for valuable consideration does by these ' ll— presents grant unto the Grantee a perpetual right-of-way or ease- � ment for sewer- mains with the necessary appurtenances through, over, and across the following property, described as follows: The West 5 feet of the following described parcel of land; Lot 19 of Vick Addition, as recorded in Volume 45 of Plats, page 27, records of King County, Washington. Together with -a temporary construction easement described as the West 15 feet of the above described Lot 19 . Said temporary construction easement shall remain in force during construction and until the sewers and appurtenances are accepted for maintenance and a operation by the Lakehaven Sewer District. s H U. � CT 1 % EXCISE TAX NOT REQUIRED o ktirg CO- RCCOf&s Division o By....- ..... ,....� .. ............. Deputy . E 0 1 cr x fCD l! p ty ey Go n-i r% p s• N � Wt M in —�• T iJ � 6• r t1 Y F• r EASEMENT NO. 527-27-2 W in CJ Y i t s f Said Grantee shall have the right without prior institution of any suit F or proceeding at law, at such times as may be necessary, to enter upon said >' easement for the purpose of constructing, maintaining, repairing, altering or reconstructing said sewer main, or making any connections therewith, without incurring any legal obligation or liability therefore; provided thAt such shall be accomplished in a manner that existing private Improvements shall not be disturbed or destroyed, or in the event that they are distrubed or destroyed, they will be replaced in as good a condition as they were immed- iately before the property was entered upon by the Grantee.' The Grantor shall retain the right to use the surface of said easement { if such use does not interfere with installation or maintenance of the sewer p main. However, the Grantor shall not erect buildings or structures on the s ,Z easement. R This easement shall be a covenant running with the land and shall bs '' dry..... on the successors, heirs, and gssigns o� ash of Che part as Wasx.:'.- vbinding and _ x I - ; and # a and ; r< and STATE OF WASHINGTON ss COUNTY OF KING )• I, the undersigned a notary public in and for the State of 'Washington, hereby certify that on this 11 day of October 19 76 personally appeared , at before e Frank oY`u`ngmman and r;s -opFe-r H. Grady. ` d f and ; and ; to me known to be the individual (a) described in and who executed the foregoing instrument, and acknowledged that then signed and sealed the same as Their free and voluntary act and deed for the uses pad rpases therein described. Notary Public In and for the State of Washington, residing at Lynnwood, Wash. '.r CO LED for Record at Request of ... .................. N 1, CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: March 30, 2018 TO: Ann Dower, Development Services Rick Perez, City Traffic Engineer (this is Erik's project) Chris Cahan, South King Fire & Rescue Brian Asbury, Lakehaven FROM: Leila Willoughby -Oakes, Planning FOR DRC MTG. ON: Review Only- Application received March 28, 2018 ............................--................................................... FILE NUMBER(s): 18-101374-00-SU PROJECT NAME: Jackson's Food Stores BLA PROJECTADDRESS: 1520 S. 348"' St. & 34713 16'' Ave. S. (889700-0115 and -0095) ZONING DISTRICT.- CE PROJECT DESCRIPTION: The applicant proposes to develop a new vehicle servicing station and food store on two tax parcels. In order to consolidate lots the applicant has applied for a LLE using the BLA checklist. LAND USE PERMITS: Lot Line Elimination using BLA minimum and drawing requirements for commercial site in order for King County to acknowledge legal lot lone removal (survey) PROJECT CONTACT: Pat Hopper I phopperAbarghausen.com, 425-251-8782 ext. 7310 Barghausen Consulting Engineers MATERMLS SUBMITTED: MLU Application I Title Report I Lot Closures n U oz � s� ¢y ENGE��fo- Ms. Leila Willoughby -Oakes City of Federal Way Community Development Department Planning Division 33325 8th Ave South Federal Way, WA 98003 March 28, 2018 Hand Delivery (253) 835-2644 RE: Boundary Line Adjustment Application Submittal Jacksons Food Store 1520 South 348th Street, Federal Way, Washington 90003 Jacksons Food Store No. 636 / BCE Job no. 17764 Dear Ms. Willoughby -Oakes: CIVIL ENGINEERING, LAND PLANNING, SURVEYING RECEIVE® MAR 2 8 2018 COMMUNITY DEVELO MENT On behalf of PacWest Energy, LLC d.b.a. Jacksons Food Stores, Inc., Barghausen Consulting Engineers, Inc. respectfully submits the Boundary Line Adjustment (BLA) Application along with supporting documents for Jacksons Food Store No. 636 located at the above -referenced address. Enclosed for your review are the following items: 1. One (1) letter from Jacksons Food Stores Inc. designating Barghausen Consulting Engineers, Inc. as an Authorized Representative for 2018 2. One (1) completed and signed Master Land Use Application Form 3. One (1) check made out to the City of Federal Way in the amount of $204.00 for the Boundary Line Adjustment Application Fee. The City of Federal Way directed us to pay for the Lot Line Elimination Fee in an email dated Monday January 29, 2018, included with this submittal. 4. Six (6) prints of the proposed Boundary Line Adjustment prepared by Barghausen Consulting Engineers, Inc. dated March 26, 2018 5. One (1) copy of the field survey completed by Barghausen Consulting Engineers, Inc. dated December 27, 2017 6. Two (2) copies of the title reports prepared by Chicago Title Company dated March 15, 2018 for Parcel Nos. 889700-0115 and 889700-0095 involved with the proposed Boundary Line Adjustment 7. Two (2) copies of lot closure calculations of old and new lot configurations sealed and prepared by Barghausen Consulting Engineers, Inc. 8. One (1) compact disc with all applicable BLA submittal requirements in PDF Format 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES • TUMWATER, WA • KLAMATH FALLS, OR • LONG BEACH, CA • ROSEVILLE, CA • SAN DIEGO, CA www.barghausen.com Ms. Leila Willoughby -Oakes City of Federal Way Community Development Department Planning Division - 2 - March 28, 2018 We understand that the enclosed materials comprise a complete Boundary Line Adjustment Application package. Please contact meat (425) 251-6222 or phopper@barghausen.com with any questions or if you require additional information. Thank you! Sincerely, at Hop/per Assistant Planner PH/dm 17764c.010.docx enc: As Noted cc: Scott Stom, Jacksons Food Stores, Inc. Jay S. Grubb, Barghausen Consulting Engineers, Inc. Joel A. Howitt, Barghausen Consulting Engineers, Inc. Caryl J. Pinner, Barghausen Consulting Engineers, Inc. Jeremy Irving, Barghausen Consulting Engineers, Inc. Kimberly Anderson, Barghausen Consulting Engineers, Inc. t' Name: NEW PARCEL A North:109289.0370' East:1272398.4519' Segment #1 : Line Course: N88°39'09"W Length: 150.10' North:109292.5668' East:1272248.3935' Segment #2 : Line Course: N01°34'18"E Length: 158.11' North:109450.6173' East:1272252.7300' Segment #3 : Line Course: N88°39'09"W Length: 135.76' North:109453.8099' East:1272117.0075' Segment #4 : Line Course: N01`31'59"E Length: 79.05' North:109532.8316' East:1272119.1224' Segment #5 : Line Course: S88°39'09"E Length: 277.91' North:109526.2962' East:1272396.9556' Segment #6 : Line Course: SO1°34'18"W Length: 79.05' North:109447.2759' East:1272394.7874' Segment #7 : Line Course: S88'39'09"E Length: 8.00' North:109447.0878' East:1272402.7852' Segment #8 : Line Course: S01°34'18'W Length: 158.11' North:109289.0373' East:1272398.4487' Perimeter: 1046.09' Area: 45699 Sq. Ft. Error Closure: 0.0033 Course: N85"19'11"W Error North: 0.00027 East:-0.00327 Precision 1:316996.97 i r Name: NEW PARCEL A North:109289.0370' East:1272398.4519' Segment #1 : Line Course: N88°39'09"W Length: 150.10' North:109292.5668' East:1272248.3935' Segment #2 : Line Course: N01°34'18"E Length: 158.11' North:109450.6173' East:1272252.7300' Segment #3 : Line Course: N88°39'09"W Length: 135.76' North:109453.8099' East:1272117.0075' Segment #4 : Line Course: N01 °31'59"E Length: 79.05' North:109532.8316' East:1272119.1224' Segment #5 : Line Course: S88°39'09"E Length: 277.91' North:109526.2962' East:1272396.9556' Segment #6 : Line Course: S01 °34'18'W Length: 79.05' North:109447.2759' East:1272394.7874' Segment #7 : Line Course: S88°39'09"E Length: 8.00' North:109447.0878' East:1272402.7852' Segment #8 : Line Course: S01°34'18"W Length: 158.11' North:109289.0373' East:1272398.4487' Perimeter: 1046.09' Area: 45699 Sq. Ft. Error Closure: 0.0033 Course: N85°19'11"W Error North: 0.00027 East:-0.00327 Precision 1:316996.97 RECEIVED MAR 2 8 2018 CITY OF i EDERAL VJ.4Y COMMU lr7Y DEVELOPMENT December 19, 2017 14 < a 1, ....:.. Cn Subject: Barghausen Consulting Engineers, Inc.; `' r"�4Y Predevelopment and Entitlements representative for the Jacksons Food Stores' Oregon and Washington To Whom It May Concern: Barghausen Consulting Engineers, Inc. located at 18215 72"d Ave South Kent, WA 98032 has been retained by Jacksons Food Stores, Inc. (and PacWest Energy, LLC dba Jacksons Food Stores) as a consultant and representative for the purpose of designing, and obtaining all necessary permits for reimaging, remodeling, and construction of our convenience stores and fueling centers for calendar year 2018. Their employees and agents are authorized to conduct meetings, submit applications, and process related documents and submittals necessary to facilitate this process. If you have any questions, concerns, or you require additional information, please feel free to contact me via any of the methods listed below. Best Regards, Jack Davis Vice President of Facilities Jacksons Food Stores, Inc. 3450 E. Commercial Court Meridian, ID 83642 jack.davis@jacksons.com Office: 208.888.6061 Cell: 208.841.0496 •�µ••------•.,,. BURty "P• A R Y *� ■ f I ■ G PUBti� ,+��If111Y11 YtiY' CIT Federal Way 41k 1. r., 6 ASTER LAND USE APPLICATION h '''- � E 3 V� DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8'h Avenue South kAR 20 2018 Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 GI fy 0 hc. 't H,`{L WAY - www•cityoffedemlway.com C0MM u i v i if u L v`ELOPMENT APPLICATION No(s) I q — I v 1 J 19 — Date Project Name Jacksons Food Store No. 636 Property Address/Location 1520 South 348th Street and 34713 16th Avenue South Parcel Number(s) 889700-0115 and 889700-0095 3 g iS March�"A'h, 418 Project Description Boundary Line Adjustment to consolidate parcels 889700-0115 and 889700-0095 into a single parcel, for construction & redevelopment of Jacksons Food Store & Fuel Facility # 636 in Federal Way, WA. PLEASE PRINT Type of Permit Required Annexation Binding Site Plan x Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information CE Zoning Designation Commercial Comprehensive Plan Designation $665,000 Value of Existing Improvements $1.2 Million Value of Proposed Improvements International Building Code (IBC): M Occupancy Type VB (Store, Accessory Storage) IIB (canopy) Construction Type Applicant Name: Pat Hopper Address:18215 72nd Ave. S. City/State: Kent, WA Zip:98032 Phone: (425) 251-6622 Ext. 7310 Fax: (425) 251-8782 Email: Phopper ghausen.com Signature: Agent (if d' ferent than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: PacWest Energy, LLC Address: 3450 East Commercial Court City/State: Meridian, ID Zip: 83642 Phone:(208) 888-6061 Fax: Email: jack.davis@jacksons.com Signature: Please see attached Agent Authorization Letter '003 — January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application X;%0 040 (�,EB 0 3D 2: � g<00 0 0 0 0 E) -1 - v) C', CS ' M M C, CI rTi m MM Q C, t.M', M A M m 70 �; * M j ,Z! < M T;o R m m rTj Z: M co C> CZ M M zi m ou c:� M cD m Z� Z� =4 ra m CD Ln Ln M C> r- Lo M C Z Cc cz zx C C'n ul + 0 e c LjM M rn (n C-) SJ C5 to C-.) g 2� C�l -0 Ln m Ln (D �3 2. M tD Ln m M C7 _0 M Z, x m M ---i ;V m M --i (D M m * A M M M �i m m M n M M M :Z C/3 x 5 M M rn m in M CIO M ;1Z F= C> > > > >>> 8 W;U W M ;-A > -0 Om --- 12 �7 _r > W M 1�1 W _T1 9 'Of) 0 com Z Z Z 7 ;0 > 0 ZrC COMMS r; 0 0 <M Z UM (A C > 00 oc) 00 00 (.0(0 00 a) A 00 1 " (.D (0 U) 0 -AEr-6,M > M --q K 0 0 > F5 0 > 3: Z zs�no 8Pq .1 _1j 00 -4 -,j mi ;U C M �>o cc: F9 MW:;Q _n Z ;0 ((Do 0 --j Lo V) _n 00 00U) 00** (j) 0 co ' C > M G-) 0 < <M U) _< C 0 > -4 (D 0 U) CD (D = T 00 00 0 ;a m <>K=Cf)x Z NJ 0 co rQ 0 C 71 CD C ao M > ;0 SWODXZZ Q0 U1 Ln W (_T1 U r� > - K:Z Cf) MC>70CM W Z C C Z --A 0 xZG) mm.? M > M >> 00 ;U (D > -9 M<0 x M M M f`Q 1`j L'i WWM0ML')--I 71 C K Z x r- C) r c- —(A - -71 (n C) _< > OVA 0 M (A — 61, N):� W 0 M Z > __4 M > X 0-or-= 14 0 LIJ M �Q_ �u -j > -U M 0 Z Cf) _T1 x W (f) > M > H- 1+ -9 x �0 00 C Z M M r- --A - to M j!Fj Orr! cf) Cn 0 M M:j Z� 0 < M C-) Z U) 0 1 U) > Z CU C_ 0 00 co 0 �d 0 0 Z --1 0 Z Z 0 > i > < > cf) C < 0 0 0 co C:) M --1 00 Z - 0 > rm- Cn (j) = r- 0=4 rQ 0 Z M (::) 4, M 0 M 5�17ZZO (-) M U Z (Z 0 K X ::j C�j Z N) Z (Z Cn co --i 41 C (A 1 Z C, V c) > E;o M �0 M Z i > Z :� CZ M (Z) _T71 (_4 Z ---i N) 0 Z --- i M W Z (7) __j M Z ;U rTi > > P P M M ;U 1Z) I >0>U)C5 Z_ r- --I Z Z > 0 0 > ___i *0 M > M > > M X > 0 K M:* rri o u)-u I x min 11) 0 M Z;U � W;:u V) _Z C 03 16TH AVE S —e— KITS CORNER RD TSci ,�/.0 > Z 9SINESS �ACCESS M 0 > CIO C= 11 Ln lh r > > M C)T1 Or M M 0 M 0 Z C-) --i M co W M :S 0 Cl) Z Z� M 0 4 0 0 M Z 5-0 rTl M 0 0 00 ---j U) P a: (D 0 M C cc 0 M FT1 0 _T1 C: X --q ZE, CA 0 M Z Z Z M > K Z 0 (f) >M Z p M 0 Z M M Z 4 v) M Z F > coo zC > Z > M —0 M 0 om �E mm iz M S+ LD Z0 OV) �� M x 0 Z M r- r G) z C ---i cmf) _T1 cc X M )> Z: K --i M cc 0 Z Z Z V) ---I — — — — — — — — — — — — — — — — — — — — — — — — — — — — N t 9 E 79 05' x X x X x- - to N N M -M T 0 C TRAILER o En << MM Z > M OD 0 F M 0 to 1\3 toCi M M 00 OD M C) \J to I I c> 30.0, -7 P C M: i 0 Ot r- 1-a 4 r- 444 10.0 47, < M ow M > 1 Z M M N) 7 W1,14 Its W 1 8.11- T(UG) TUlj -1 �tft667 A (UG (UG) P(UG) 1M— P( uu, 11(UG) P(u) P(UG W, �,5 Job Number Designed — Scale: Desi 18215 72ND AVENUE SOUTH For. 0'4 A 177 KENT, WA 98032 PCW Drawn Horizontal (425)251-6222 1"=20' Sheet (425)251-8782 FAX Checked OBH 0 C.) Approved Vertical C7, CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES Date 12Z27/17 E N G Of L File: P:\17000s'\17764\survey\17764TA01-29,dwg Date/Time: Dec 27, 2017 — 4:26pm Scale: 1 "=20' ohille Xrefs-. 11 W_!W—W—W_W_ W—M El W — W 3 12/27/17 OBH UPDATED PER CURRENT TITLE REPORTS 2 7/21/17 OBH CONVERTED TO NGVD 1929 VERTICAL DATUM 1 2/3/17 OBH ADDED SEWER LINE PER RECORDS AND OVERHEAD UTILITY I I I I I EASEMENT IN S.E. CORNER No. I Date By Ckd* ppr. Revision Title: PACWEST ENER%f.*x**vi , 3450 EAST CO"MMERCIAL COUR"11' A MERIDIAN, D"AI-104 83642 0 < U) > 1 _0 (n 1 0 _0 I 0 0 U) --1 > 0) --1 S2 0 > rri Z rri z I m rfl C: m I m I (= Z --4 m (D m 0 x Z > X Lf) rrl 70 rrI X m --4 o 0 0O C) > z 0 U) 0 o 0 m > Z M r rri M I > U) 0 z C) Z;-) -,I > -u > 0 0 m m x ;u --i C Z m z C) > z = I> ou < z C/) z 0 V) m z Q cnZ C > 0 Z 91 > rrl > rrl Z u) 0 z 0 X > m > w n -71 Z rn q -TI 0 --1 > M > -Ti > Q > z X -0 o (/) 1 ) 0 > r- Z > 0 0 0 z i to (f) > -n 0 > m 0 rn > -4 > 0 4X > > A ;K z U) > C z z 0 0 �8 o m o * -11 Z C) M a �E r- --j 0 M r- M m 0 m C) z z m (Do 0 rri < M 0 CD 0 -0 C 0 ;o M K > V) _0 0 (D C) 0 --4 00z > Z M 0 > -< Z :E -< m 11-1 --4 0 n Cl) C3 0 :E T > > m m (f) m 0 --1 CD -a (D (D o 3 3-- OC (D 0 - :3 > 3cz (A (D 0 0 > ,zj:y (D =3 (1) 0- c Iv (D > a 0 -u 0 0 3 m (D 3 CD 0 0 D (D Ct 0 0 0 (D 0 5'o 0 (D 0 e� (D M O 0 :3 0 0 u): 0 :-P4. (D :-_ 0 0') N -1 -'N (D 3 :C) 0 > (D .00 I-- m I-+- CD C: <"I zy (D Ci (D ly m a /Atc, Z 00 M Ul Cn : Cn NJ cn Ul rTl m m 00 cy) 1-0 CD 00 N-) C::) Z: 3:- N) m C=7 Z: 3;2 C: >< m rrl Cf) m :L 711 . z w Co -< 0 0 c > Cl) V) 0 > 0') I 00 > Cl) ak r • C. N� C=l m T z o 0.) X W 67 ol 0') 45)--- v 0; > -u z m x > 0 z m > 31 r- m CD A �� m ::3 4 C,,) m a) > — z ;u M o0z C: > m z U) Z (-)o 00 m Zmo MZ> -77 !> > > c -TI m 0 z 0 Z --4 m > In m (D > C) C:: H CL -Gfin 0 --q 0 0 > K M Z --j > m T a: C- 0 ril C= cj� m M =! --4 ---1 m m 0 m M m V) m 0 > C- z m O ;7 z -u -u m (A --i -"u > ul > -D 0 -Tl C) m < � N) > z 0 m w 0) m rri > > x Cat =;u=0D m 0 FT, > r- m > 4-00 CM> ;u N)m000-Tjo 0 ---i r- --i W(Ac-�u >>W 0 rrl < (= --j ;�o -u c 0 Fri (f) > > m m m M CD > m m 0 M 4- o <uo K �u -< z K: ;U Z m C/) moco M�Ez z 0c) 00 Ozm> > 0 Z U) -Tiz III crUl -TI ::-i Q0 > Z m 0 0 jc> m - ;:o (.0 U) M > z m 0 00 0 Z C) I I M r- >' Z 00 :;u 0 cl) 0 ';;u > -T, o ;;Q 0( Q0 Crt 0 CD > m 0 > 0 - > cc < m C m m 71 (P z (n --- i U) + 0 co C) 07,0 0 to 0 M> C) 0 ---1 . Z > < O:;u U) CA :7 P')F71 zZ m 00 K: N) 0 -0:- m > 0 0 z �no -H om --i Z (f) �7 M ;:a 00 > m (p; �a = r- c C 0 0 < >�'/' - m M C) m Z > 0 0 -p- + '0C/) 0 U) CCf) rrl -T cn (D 0 m c M 0 -71 > r-I 00 -Tl < C: m 71 ;;u - 00 z M r- c -va Cl) m 0 7K > 01 -n Uln m CYI m (J) � �7 m C) C) (:-) ;U ::m _: z Co -n m ---i Ul 0 > mom ;;a m �;o -P. m 0 u) --i m M 0 't, �-- r- + H- �Z- > > Z�:' cn C) m < Q0 0 m 0 m M C) --q 4 U) > 0 > 0 U) _4 k- C) 0 7,<c z Z > -m Z > 0 > X o -u Co c > M m 0 F- �E > m U) > Ti -0_{-P- ---4 -0 0 > ---- X M N) F- Z -14, ---1 C) a) --A m x — Z) --� >K > C = -TI -r -71 M 0 x ul ZE m X 0 M m m m > m m 0 r �7 I- �� -I-) -) (-) --i m M 0 > G-) Cn G) > 0 -0 -n M 77 m 0--4 (C) -0 t M m -a z = --4 -,S- --i --/l, > m CO M m G-) ;U M Z G) --4 r7� � M C) 0 (D CD (D m --i >- 5; -41, 2 --1 , r7l :z -1 (7) z C- C) C) 0 0 = > m -71 > m --4 C) m 0 m r7l m cn > z - > > >< -) < Co U) -4 C) m 7- --4 ---4 0 -Ti M -7� m V) C: 7, m ND co --i M C) m M M C> m— C > G) O;u 0 0 K > z CD 0 0 0 F- -TI (= 00 :� > 0 OD U) Z j -TI b -n ---q 0 m OD co Z m -9 (f) 0(-) K - —,m > 7,0 to --i co 0 0 CD C> M -T m 0") rTs m z m z CD (o -TI ----4 rri cl > C c > CD ix 60 (f) (-) :z m 01) m -q �> M 0( C� m O o n m r 0 0 > m z 0 C) (-n 7 c -Tj 0 0 izD CD Z — , , ;;a :z (D --A -Ti < Z = 4 D> -TI --1 Q co AZZ > CIO -TI : > > m m m m 0 m m m m co oc� < 0 m �u — U� C-) ND > 0 z m M M ND 0 Ti 0 m --i M 0 (.0 T"n N) r7l M > -TI m tom!} 7' -r ( :E Fri z Z U) Oi m M 7j 0 0 --1 m -0 m Co > 0 m 0 0 C-) m 0 C�, M 0 z C() (-f) --i m z C) < 0 CD -Ti m ;;a -0, � > M m �u Z 0 C) C) 4 m m m ;Q cJ m m Na U) m M > > d C) U) cn 0 - 0 UD a: > Fti m m C)CJi 000 G') X < > < 0 m m Dm z; QD M m > o > m 0 (n m > m CD > 1-:0 M c) 0 m m m k—D C) 4#4 m CD �i (:) �o M (T> (f) ---4 Ci 0 (D m m m QD �7 FTI m C"I -,q m 4�- NJ 01- Z- (3) CD 0 Ul m d > C: m < m z -TI �u Z C) 0 m 0 m 00 M > _0 m (_n M n & )> > 0 -TI m z -0 z 0 -< 0 m > 4 Me, IN oe N --2 a I C) f- m c rri m C-11 f 0 co z z _0 zr- C-) < 0 C- m m 0 -n _9 C > iwa M --1 5 71 z 0 0 - c (1) 'C-20> m 71 < NJ 0 z ND z mCTI m > >- 00 0 NJ m CD :Z Z 5 ➢n m 70 m C) --4 C.) 0 m C-) C- Z 0 41 rrl 0 m r- 0 m > m N) (/) 0 0 > 0 O 0 m U) -TI -71 (f) m C) 0 c z < m x :3 (D D 0 m < c m x 3 Cl- 0 :3 T! CL rri 0 0 _0 m An < (D 0 < (D > z :37 f-- m m 0 > 0 0 0 1 0 > Q > m x 1-7 0 0 N a 3 0 > > Z C 3 (o co (on cl o cr co 0 0 co co 0 0 C0 C cn V) CL Y) co 00 0 0 'Go 70 73 1 0 FTI > F— 0 P-1 > C, U) Cr ma i16�':\17000s\17764\ — I v — \ptots\l -/7764biaO/'-.dwg Date/Time:4/2-'-//2018 9:25 AM OWE N HILLE d� I U) (f) z mmo m m --- j m U) C/) m m (A — --i Cf) 74 c F- � M < m — > 0 TI r— :u m x M 0 z, m �D m 0 C) 0 f okoo 9, wr rn CO He.. -Pb- 4,- tQ N) cn cn --I ul M m M Co <: m m X rn 70 � Z Z Li X -TI Z Z M Z 0 ---------------------- 0 C) C) m Z Z a: x M Ut --------------------- 5.2'- 0 0 N3 N) co 'T C cn 00 z 0 Al z RiXt i Mo, ,U) > CI) go -n 11, cm- n — ---------- A, A Nunn z 0) ke Z cn m -,.-:, � S N� ter. _.- C'�...._�� f( i A� vot V-) -n 0 m Z U) C i m --I C: m 4-- > > 0 Z z N*j CD o m> m mo 3� - C/) --i -Z, co cn mm -0 - -TIZmm O 0 --I M --j > omm < NI)M 0 T C/) 4 —0 M C) m M 41 > Z, —4 X S01'34'18"W 1136 C-o CA 4- cn 0 --A IIC Z FTI Lf) c:) V) TI 0 01 00 (5 -4— FT-I ut CL lid J, IrTI F9 0 0 File: P:\ 1 7000s\ 1 7764\survey\plats\ 1 7764blaO2.dwg Date/Time:4/25/2018 9:42 AM OWEN HILLE _. "o,00 "a Ao m z 9v �, (on C) N tl-,) rTl co m (), U, cn cn r"D m M M 00 C)") QD 00 C) - 00 N CD K N) N3 (A m tQ m _0 >< M C/') (D GZ dd C.n (j c) OD YOR N ;;o > 0 = (Z: m -0 (n DO > co u 0 -p- > n > -a :�; _--i CA > M 0 > ;;u �u 0 _u 0 > ::�i > �o �u--a 0:5; Nam` m _u �u > _0 c;;O, -TI -TI Z > ��a �m m;;u _T1 > -TIC-=, -9 zo--immoc x -9 = -TI M M C;;a - 0 U n --a z 0 --10 -ri CE5E500> -TI ;�o M -9 �D=-Tlon=x > >m -TI '_900x>>m - m or—noz <0 m 0 0 Z ;;u M u Im m >--Imoo<-o z m=moo-oz > (J) m � � � M�o C>f) oZ>oxmO--' > 0 2 0 xt 0 0-0 0 > --i M omoo iocn C? C7::;,- (n < --A --i - ---1 7 m �D (n ___4 --- I >% m w m U) 0 0 m (n 0 z cf) o o -- C/) UQD(nmom mwm00000 Cf) V) 0 m (n __j Cf) m -9 K M M OK ZZ.. OK m 0 z �7'. ;:Q U), * G-) > 'G50coo < 0 m ;:u C M M> M-0 c :. M Q G) M __j G) G-) - Z Z > ADO m -u C) > --- i -u X 0 K > > -TI >=OMZO r--- 71 w2mzom=j r-q'-' MZO=Q*M, 0 Cf) > -TI z 0 > x 0 > (D w 0 > 0 o s-, r- --i C-) �:o > �U ;�om< 02�>m 0 C ___j > m --U:7 cn 0 > M;,-, z w 0C) , __� - ___j m MO m--um r-zU-o mm c U) 0 0 0 z m z 0 M 71 mc>o -71 O>_ > > r- - r-zzcm X�5m 0 M (f) 4' z r- < U) 0-<oo �D 0 m 0 w r- ;;u > 7, 0 r-m Xo- `u > I -< _n 1�:j 0_4 --- j __j _--i 0 00 K U) m m >m =0>m > > 0 --1 >-Tir-U)OoC > 0 ;E7 c m m �� -D --- i - �o -< > 0 K CnXOX06::� < C) z (f 0 z;;o w --D_ --A z <Z— --- > 6 0 m >>O 7� C m mo�umm wo >;j�7 M M Z;;u 00 �a > --q M (n 4�- -,I C:) Z m M r- Z 5; M o:=4 _< m M 0 0 0 z z c m m 0 - m < C/) r) N) M 0 000(55 > cn m 0 ---1 -'j 1 0 q �D 00= -TI Co - x CR n 4 - c - > 0 0 z CD_ Z 0- omzOm z - m M > z A C _r' . > Z -mo c 'a --I Z �Uzoo �'�> C) 2n cn 0 - U) — �o 00 z > , '�� --- I (D 0 --,O> 0 00 U) --1 0 M TI z r- M �u z r- z 0 _u UZ m 7 0 0 U) -TI 0 - 0 m X C) CD G-) 0 01 0 _4 m 0 _u m M;U Z ;U < -TJ Zm V) M> F� �u (n n 0 C) cn — m 0 =>,10 0 M 710 m 17, (f) zm(nx < 0 >;;u > --q > C, 0 > Z I-, = -< M m 0 C M 0 M m cn -ux-<Wm(n W m 0 -71 --1 > > U3 > --i m --1 000 m - 0 w z m --I z -13 M 0 x __j X C-3 00 c x (D C/) X ZO m -5 0 5 U: _< > Z;6>5>~ C �D --- 1 0 m c c m ;:u 7- 0 __4 m 0 00 m co::� = P K --i ";o (n ;U w m -TI W 0 77 �;a xm5m - cn m --i �D --1 -0 :�F c m -0 � - z F- w M z 0 0 Z r- 0 F_ 7, :U z mtzi c - Z;)- 0 1 6 z 0 co < > c;:o w 2i 0 OU) __j 04 m F9 _u 00 0 m ca C-) --i;:u m 0 Z- Cf) r- > m x m _9 co -a r- > 0 r- U) U) M ___j -TJ - Co Z 0 ;;u m w 0 > L> > 0 > C�I > m > 0 r- z 0 5 0 0 0 ---1 > 71- M C�) M z x cn Z ZE M 0 ::E M(Z) -Tl5zox z = - mm �j 0 > 6 -< > > ---I > M-0 --< ___j -TI z 0 --- I _Z_ > 0 0 E5 0 �7 0 (f) z 4—Oz- M Cf) c q > �D c 0 c 0 < m Or- U) -TI ; �n �u r- m > _TI > C/) F (J) �u z O>o < 0 >> W> �a M -q > m = z z m F I- > — Z m z m --i M __j - - LD __j 0 C) Q ---1 -0 ;�� X z m > 0 �00 0 0 m U) m > m EU K M U) U) 0 m m K 00 0 -i z Co Z cn (f) 0 0 0 m --i O_-q W_ M �u m > c --A > Z C_--i - (n Om 0 m m m mo m m m 0 cn = > K m X ;;o z --1 00 00 m o- zm X70 r- m 0 d ;;D0 OIc)z > Z 4P OmZ 6 =;;u 0 > (A z > F71 0 m 'm iri M�o �ou > m r- m M> U) r- Z x m > 0 < m m -0 cn m 0 0 urtL3 m z m m r- > o > cf) --i --- j:;' J m x C _j c 0 > > > m m co V) U) U) Z _-Z > m > 0- Z cn > m > 0 < > CD UD -u;u ---I ___4 > m m U) � C) z cj 0 0 7' (-)o 00 0 0 TI > M > 0 > Cf) 0 0 C_ C/) Cf) m Z U) m cC_ z m to _r - - 71 -0 CAN K --,I > > > > > II;u �u > >-0 > 0 -.7rim T1 C U) Z C);;u ZED' -Timm �U. m M C 7; Z M 0 -TI m Fri. __4 71MMM M--4---JM >0-j > r-ri > > ry, 0 0 Z - -, o 0 -J M 0 0 M C) 0 m M r- 'T 77- 0 "I - Z;4 m C) 75 0 r- 0 C) �5 > -C m m > > < ;o C) G) m > o 0 m -r cn m oc, m cn - u- --*m fA > m r- c Cf) 01) C) ZZ>-. M ZZ=Z ZZ>Z X- V! �Q C.) C-5 ") CI) G C,> C) � > > 0 0 0 G) 0 0 Z ;P-- m -7, m 0 z _0 Z 0 > 0 --j ;u _u 77 o Z _0 - Z O Z3 77 " m I ---, > �;Z:1:4 (� u -1;U C) >zE r- ' > > > > F_ -Cf) > 'U ;Q ,;o O> . m r- > G) m m OZ. 0 C) m m U) y; m Z M r- t-- r-_TIo m(/);��>mmmz F_ 0') m M c 7 m 0-1 oo,z "-� U) f > >Omomm > 077��o >om�u >:�E > W > �7 M > C'j -u,-, < = (10 �� Ili - �- i-� m -71 IZ7 -U - ;U < 0 =z zzz m - cu CD �;u m m m �Zoo -OCA-<W Z K: '`0 > 0 m c n --I C: rD C'j r- M > z > C) (D CO Z Cf) 0 a; > N.) co U) ;mU > > > z 0_0 --iMA U) Cf) - "l !--�(=- m 0 �; 0�;Qoxo OC m m 0 x �5- > D Fj) 0 z > > z m -u r7l Z < co C) N M m Z m z ::j M c) F- -0 > m m< cf) o -q 00 0 V) LP o N�z- �;u - > 0 > 85 ul -71 m r 0 0 0 -u M > < 4 M, 0 z 0 C) M rTj _0 OAS ;;Q M Z - M m z O 4 m 0- C) m m r - - Dye -,I-) z 0 (/) m M:;o 0 -0M M M CD m _TI 0 F9 > r- 17 > 0 M CO > M M 7� 0 !7 0 Cf) o'-, (y) cn 0 r ;;o O c < c Z 77 0-0 M 0 M 0 0 > (n CC __j ��o z Z M 0 M, ---i ;;a z -7 :;Q 0 c > C) 5!7 z > > 0 U) ;u 0 m z in m K - U)) LI) C) m z F7 _) z > z *;U mGll Z m 0 > m 0 'm 0 r-:7-4 0 r z z U-o x 0 -0-- ;�� 0 m -rl z 0 jZ7 j - > > 000 > Z z Z m 0 �a 0 F_ 0 10 - - = �D --i w 0 o (n> 7-- x 7- > m z m > ;Q z Z m > _u w 0 0 m Or-OQ z 0 > -i r- 0 .. m �u co m -71 0 m mzi 4 2: M DM -71 --q M ZO Im �o K _0 =00 -70 0 C) cr, �n- M -1 0 0 M M 0 m C (1) m A m 0) > m > m z > > m _u m C) (f) z 00 > U) 10 U) c z m Kvi ---1 1-11 m m > 0 m Z z Z z > 0 z -Tj m m -4 U) __4 m '-_' -< ---I z ;U V) -7- M -4 0 0 m 0 Z > ITI 0 > Z7 --- i m > z C) M U) _T > 0 C) r- �Q r- m D r- m 0 -.00 UD m U) > z m z C_ m n, m r > 0 0 m > G-) 4� (A File: P:\ 1'7000s\ 1 7764\survey\plats\ 1 7764blaO2.dwg Date/Time:4/25/2018 9:45 AM OWEN HILLE