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13-104506 (2)Jim Harris From: Jim Harris Sent: Monday, June 23, 2014 12:59 PM To: 'Zack Lennon' Cc: Ann Dower; Isaac Conlen Subject: RE: Kitts Corner Apartments BLA Zack: I have been tied up on the Kitts Site Plan Review process which has taken precedence over the BLA. I have looked at the resubmitted BLA and it is approvable. The City Planning Department will approve the BLA, however, I would again encourage you to not create split zone parcels especially Lot 2 as proposed. Please notify the property owners that the Lot 2 as proposed may result in some unintended consequences at the time that parcel is developed. Specifically, no components of a commercial development such as parking, landscaping, buildings etc can be developed on that portion of Lot 2 zoned RM. In addition, this raises a question about FWRC landscape buffering required from BC to RM. I don't have an answer of how the landscape buffer is applicable, but we could consider and decide upon this at a later date if you request. i just want to make sure you and your client are aware of the potentiai zoning ramifications on creating a split zone parcel. The same comments also apply to proposed Lot 5. Public Works Department (Ann Dower) also needs to review the BLA and she will provide comments directly to you. Once comments are received from Ann, you can prepare and submit mylars of the BLA to the City for recording. I will be out of the office until July 11, 2014, Contact Ann Ann.dower@)citvoffederalway.com in Public Works, or Isaac Conlen, Planning Manger at Isaac.conlen@cityoffederalway.com in my absence if you have any questions. Jim Harris Contract Planner City of Federal Way Department of Community & Economic Development (253) 835-2652 iim.harris@citvoffederafwaV.com Office Hours Mon, Tues, & Thur, 8:00 AM —1:00 PM or by appointment From: Zack Lennon [mailto:xack.lennon esmcivil.com] Sent: Friday, June 20, 2014 8:22 AM To: Jim Harris Cc: Ann Dower Subject: RE: Kitts Corner Apartments Jim, `The re-6ubmittal for the Federal Way Viiidge/Kitt's Corner BLA went in on May 15`h, C) 4 and the property corners for the boundary line adjustment have been set. Any word on the status of the BLA? Thanks, Zack Zack Lennon, PLS Survey Manager - Federal Way ESM CONSULTING ENGINEERS, LLC 253.878.5120 Direct From: Tamara Fix [mailto:Tamara.Fix i offederaiwa .com] Sent: Tuesday, March 04, 2014 10:41 AM To: 'jhunden@devcoapt's.com'; Zack Lennon Cc: Jim Harris; Ann Dower Subject: Kitts Corner Apartments Attached is a memo from the City of Federal Way regarding the above -mentioned project. CONSULTING ENGINEERS. I_LC fJ� May 14, 2014 Job No. 1122-006-006 RESUBMI77ED Mr. Jim Harris, Contract Planner MAY4 ,'RN City of Federal Way Development Services CjTY OF FEDERAL WAY PO Box 9718 CDS Federal Way WA 98063-9718 RE: Kitts Corner Apartments - Boundary Line Adjustment (13-104506-00-SU) 33701 Pacific Highway South - First Review Dear Jim: In response to your comments dated March 4, 2014, we have the following responses listed in order by item. As a general format, I have copied your original comments in Bold and have provided our responses in italics. 1. The title report shows numerous owners for the property as a whole. Please provide proof of authority for Len Schott to sign on behalf of each of them. Anyone who has not authorized him to sign on their behalf must be included in the signature area, and have their signature notarized. Please see the "Amended and Restated Operating Agreement of Kitts Corner Development, LLC" as provided with this re -submittal package. 2. Existing tax lot numbers, existing lot area, and proposed lot area must be shown on the boundary line adjustment These were all shown on the BLA as previously submitted. The parcel numbers are listed with their respective legal descriptions on page 2. In response to your comments, tax lot numbers are now shown on the BLA map sheet also. The existing and proposed lot areas were previously shown in the table on page 4. We have now added them to the face of the map as well. 3. Topography of the land must be indicated with 5' contours and 40% breakline delineation. The contour interval has been changed to 5' and areas of 40% or greater slope are now indicated. 4. Correct the City file number to 13-104506-00-SU. This correction has been made. ESM;::ac; A Way ESM Everett Civil Engineering Land Planning 33400 8th Ave S, Ste 205 1010 SE Everett Mall Way, Ste 210 Land Surveying Landscape Architecture Federal Way, WA 98003 Everett, WA 98208 253.838.6113tel 425.297.9900teI 3D Laser Scanning GIS 800.345.5694 toll free 800.345 . 5694 toll free www.e5mcivil.com 7S3 8M.7104fax 425.297.99011ax Mr. Jim Harris, Contract � canner May 14, 2014 Page 2 5. Provide a copy of the lot closure calculations that have been stamped and signed by the surveyor. Provided. 6. Notify staff when the lot corners have been set Corners will be set and staff will be notified the same day work is completed. 7. The wetland delineation recorded under King County Auditors file 9607129012 needs to be referenced on the BLA, and the wetland boundaries and 100-foot buffers labeled accordingly on the BLA map. The delineation, boundaries, and buffers are now indicated on the face of the BLA 8. City staff would prefer that the new (proposed) lot lines follow underlying zoning boundaries, as the site has both RM 2400 zoning and BC zoning. The proposed lot lines result in split zoning for proposed lots 5 and 2. The zoning line follows the easterly 100-foot wetland buffer line of wetland No 2 (the large north/south wetland). The City's request is understood and was suggested to the current ownership. Their preference remains to have the existing pond berm within the ownership of Lot 2. The boundary line between Lot 5 and Lot 2 as proposed with the enclosed BLA, though, also serves as a natural delineation between public and private road. Having a "split zone" over the limited pond berm area of Lot 2 does not result in any conflicts with land use in any case. As such, the enclosed BLA maintains the previously reviewed Lot 5 and Lot 2 boundaries. We have provided three sets of the revised BLA for City review. Thank you for your time in reviewing these resubmitted materials. If anything else is required, or if you have any questions regarding this project, please contact me. Sincerely, ESM WNSUQnNG ENGINEERS, LLC jN, PLS rvey Manager CC: Ann Dower, Senior Engineering Plans Reviewer, City of Federal Way Ilesm8lengrlesm-jo bs11122100610061docu m entVetter-014.doc i AMENDED AND RESTATED OPERATING AGREEMENT OF KITTS CORNER DEVELOPMENT, LLC THIS AMENDED AND RESTATED OPERATING AGREEMENT (the "Agreement") is made and entered into effective as of December 22, 2013, by and between the Company and its Members. This Agreement amends and restates in its entirety the Operating Agreement for the Company dated September 27, 2004 (the "Previous Agreement"). RECITALS A. The Members each own parcels of real estate located at Kitts Comer in Federal Way, Washington, as described on the attached Exhibits A through E, which together constitute the Project Real Estate. B. With the approval of the Members, the Company entered into a Purchase and Sale Agreement of the Kitts Comer Property in the City of Federal Way dated September 26, 2004, originally with Stateside Investmeats, LLC, providing for the purchase and sale of the Project Real Estate. Stateside Investments, LLC has assigned its interest as buyer under that agreement to the Federal Way Village, LLC ("FWV). The Company and FWV have negotiated and, with the approval of the Members, signed an Amended and Restated Purchase and Sale Agreement dated as of March 2, 2011; a First Amendment to Amended and Restated Purchase and Sale Agreement dated as of July 31, 2012; an Addendum dated January 31, 2013; a Third Amendment dated March 29, 2013; a Fourth Amendment dated May 2013; a Fifth Amendment dated July 31, 2013, and a Sixth Amendment dated November 1, 2013. C. With the approval of the Members and the consent of FWV, the Company has also entered into a Purchase and Sale Agreement for Real Estate dated August 8, 2012, as amended by a First Amendment dated November 20, 2012, with Devco, Inc. ("Devco"), providing for the purchase and sale of the Residential Property to Devco. If Devco does not purchase the Residential Property, FWV may purchase the Residential Property pursuant to the FWV Agreement. D. The Members have formed the Company in order to prepare the Project Real Estate for acceptance of a development agreement with the City of Federal Way, and to facilitate the sale of the Project Real Estate. The Members desire to contribute the Project Real Estate to the Company and pursue the Project on the terms and conditions set forth in this Agreement. C fY OF FEDERAL WAY Amended and Restated OperatingAgreement page 1 ND: 18413.001 48364628-070901 A Member or tenant in common may change its Designated Representative from time to time by written notice to the Manager and the other Members. 1.20. "Distributable Cash" (including "Distributable Cash Related to the Residential Property" and "Distributable Cash Related to the Commercial Property") will have the meaning set forth on the attached Schedule III. 1.21. "Entity" means any general partnership, limited partnership, limited liability company, corporation, tenancy in common, joint venture, trust, business trust, cooperative or association or any other organization that is not a natural person. 1.22. 1 FWV agreement" means the purchase and sale agreement with FVVV described in Recital B, as it may be amended from time to time. 1.23. "Initial Closing" -means the first to occur of the Residential Closing or a Commercial Closing. 1.24. "Majority Interest" means more than 50% of the Voting Percentage Interests. 1.25. "Manager" means Leonard C. Schaadt and any other Person who may become a substitute or additional anager as provided in Article 5. At any time when there is more than one Manager, the affirmative vote, approval or consent of a majority of the Managers shall be required to take any action permitted to be taken by the Manager. 1.26. "Member" means a Person who executes this Agreement as a Member, and each other Person who may hereafter become a Member pursuant to the terms of this Agreement and the Act, unless in either case such Person has ceased to be a Member pursuant to the terms of Section 6.6 hereof. To the extent a Manager is also a Member, such Manager will have all the rights of a Member with respect to its Membership Interest, and the tern "Member" as used herein shall include a Manager to the extent such Manager is also a Member. 1.27. "Membership Interest" means the entire legal and equitable ownership interest of a Member in the Company, including but not limited to such Member's rights and interest in capital, distributions, Net Profits, Net Losses, voting rights, and all of such Member's other rights -and obligations under this Agreement. 1.28. "Member Minimum Gain" has the same meaning as the term "partner nonrecourse debt minimum gain" in Section 1.704-2(i) ofthe Regulations. 1.29. "Net Profits" and "Net Losses" shall have the meaning ascribed to those terms in Section 9.5. 1.30. "Parcel" means one of the parcels of real property constituting the Project Real Estate, together with all improvements and appurtenances to such parcel, including without limitation any appurtenant privileges, easements, development rights, air rights, Amended and Restated OperatingAgreement page 5 ND: 18413.001 4836-6628-0709v1 l The registered office and registered agent may be changed by the Manager from time to time by filing an amendment to the Certificate of Formation. ARTICLE 3. BUSINESS OF COMPANY The business of the Company shall be: (A) to pursue the Project, and in connection therewith to acquire, own, operate and prepare for acceptance of a development agreement with the City of Federal Way the Project Real Estate, part as the Commercial Portion of the Project and part as the Residential Portion of the Project, and to sell the Project Real Estate and any associated development rights and personal property; (B) to carry on any lawful business or activity which may be conducted by a limited liability company organized under the Act; and (C) to exercise all other powers necessary to or reasonably connected with the Company's business which may be legally exercised by a limited liability company under the Act. ARTICLE 4: MEMBER INFORMATION The names, addresses, capital contributions, values of contributed real estate, and Percentage Interests of the Members are set forth on the attached SCHEDULE I, as amended or restated from time to time. The Manager is hereby authorized and directed, without further approval of the Members, to amend SCHEDULE I, from time to time, to reflect the admission, withdrawal, and substitution of Members or changes in their names and addresses, and to take whatever action the Manager deems appropriate or necessary to update the Company's books and records to reflect such changes in the identity, names and addresses of the Members. If, after admission to the Company as a Member, a Member changes its name. or address, or transfers part or all of its Membership Interest, subject to the restrictions on transfer contained in this Agreement, the Member shall promptly notify the Manager of such change to permit the updating of SCHEDULE I and the Company's books and records. ARTICLE 5. MANAGERS; RIGHTS AND DUTIES F5.1. Management. The business and affairs of the Company shall be managed �+ by the Manager. Except as provided in Section 6.3 below or otherwise expressly provided in this Agreement, the Manager shall have full and complete authority, power and discretion to manage and control the business, affairs and properties of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary or incident to the maaaaennent of the Company's business. Unless Amended and Restated Operating Agreement page 8 ND: 18413.001 4836-6628-0709v11 authorized to do so by the Manager, no Member, employee or other agent of the Company shall have any power or authority to bind the Company in any way, to pledge its credit or to render it liable for any purpose. Subject to the limitations set forth in this Agreement, the Manager shall have full power and authority, on behalf of and at the expense of the Company, to: (a) acquire, improve, manage, operate, and, in accordance with the Purchase Agreements, sell the Project Real Estate and any personal property of the Company, including without limitation pursuing any permitting, platting, and other governmental or other approvals necessary or appropriate in connection with the Project; (b) oversee the development, management and operations of the Company, and develop operating budgets for approval by the Members; (c) borrow up to an aggregate of $30,000 from financial institutions or other persons on such terms and conditions as the Manager deems appropriate, and in connection therewith, to hypothecate, encumber and grant security interests in the assets of the Company to secure repayment of any such borrowed money, (d) purchase liability and other insurance to protect the Company's property and business, including without limitation insurance to fund any indemnification obligations of the Company pursuant to Section 5.3; (e) invest Company funds temporarily in time deposits, short-term governmental obligations, corrunercial paper or other short-term investments; (f) execute instruments and documents, including without limitation, checks, drafts, notes and other negotiable instruments, mortgages or deeds of trust, security agreements, financing statements, documents providing for the acquisition, mortgage or disposition of the Company's property, assignments, bills of sale, leases, and any other instruments or documents necessary, in the opinion of the Manager, to the business of the Company; (g) subject to any budget limits that may be adopted by the Members, employ architects, engineers, accountants, legal counsel, managing agents or other experts to perform services for the Company and to compensate them from Company funds; (h) open bank accounts from time to tune in the name of the Company, and be the sole signatory thereon; and Q) do and perform any and all other acts as may be necessary or appropriate to the conduct of the Company's business. 5.2. Payment of Expenses. The Company shall pay all of its expenses of operation, which expenses may be either billed directly to the Company or billed to, and paid by, the Manager or an Affiliate of the Manager and reimbursed to the payor by the Amended and Restated Operaling Agreement ,page 9 ND: 18413.001 4636 6628-0709v11 and the vote required to remove such Manager shall be at least a Majority Interest calculated with respect to all Members eligible to vote on the removal. The removal of a Manager who is also a Member shall not affect the Manager's rights as a Member and shall not constitute a withdrawal of a Member. 5.5. Vacancies. Any vacancy occurring for any reason in the number of Managers shall be filled by the affirmative vote of Members collectively holding a Majority Interest. 5.6. Right to Rely on the Manager. Any Person dealing with the Company may rely (without duty of further inquiry) upon a certificate signed by the Manager as to the identity and. authority of the Manager or other Person to act on behalf of the Company. 5.7. Reports to Members. In addition to the reports required by Section 11.5, the Manager must provide the Members with written updates as follows: (a) Not less than monthly until the Initial Closing, and not less than quarterly thereafter, a written report including: (i) All new material information known to the Manager, after inquiry of the Company's listing agent, regarding (i) the progress of any Buyer's proposed development plans for the Project, and (ii) any proposed changes to those plans, whether confirmed or unconfirmed; and (ii) A description of any binding commitments or other actions (including distributions) that are material to the Company or the Members that the Manager (i) has made or taken since the previous report, or (H) anticipates making or taking until the next report is due. Any such report may be combined with a report due contemporaneously under Section 11.5. (b) Within 60 days after each closing, together with the notice of proposed distributions required by Section 10.1(a)(M), a budget report listing anticipated expenses through the next closing of the sale of any portion of the Project Real Estate, the sources of funds anticipated to pay those expenses, and any reserves the Manager deems necessary or desirable. 5.8. Compensation for Professional Services. The Members acknowledge that the Manager of the Company, Leonard C. Schaadt, is a certified public accountant and that, in that capacity, it would be more efficient for him to prepare the Company's tax returns and financial statements (including calculation of Net Profits and Net Losses), prepare Schedule K-l's for the Members, and perform other professional accounting services for the Company that would otherwise be contracted to an outside accountant. The Company will pay Mr. Schaadt for such professional services provided to the Company at his standard hourly rates, but not to exceed $2,500 in any Company fiscal Amended and Restated OperatingAgreement page Il ND. 18413.001 4836-6628-0709v11 no obligation to register the Membership Interests or to assist any Member in complying with any exemption from registration under the Securities Acts. EXECUTED by the Company and its Members effective as of the date first above written. THE COMPANY: KITTS CO DEVELOPMENT, LLC By Leonard C. Schaadt, Manager THE MEMBERS: KITTSCO RPARTNERS LLC By eonard C. Schaadt, Manager CAM,WAIY ASSOCIATES, L.P. i By Leonard C. Schaadt, General Partner [Additional signatures follow] Amended and Restated OperatingAgreement page 35 ND: 18413.001 4836-6628-0709v11 i MERLINO TENANCY IN COMMON: JEN=S, LLC, successor to the interest of the Estate of James E. Merlin Donald Stevens, Manager (33-1/3% of the Merlin TIC) JEAN M. MERLINO (33-113% of the Merlin TIC) MERLINO FEDERAL WAY LAND, LLC By its (33-1/3% of the Merlin TIC) [Additional signatures follow] Amended and Restated OperatingAgreenent page 36 ND: 18413.001 4836-6628-0709vll I MERLINO TENANCY IN COMMON: 3EMP=S, LLC, successor to the interest of the Estate of James E. Merlin lay Donald Stevens, Manager (33-1/3% of the Merlin TIC) M MERLINO (33-1/3% ofthe Merlino TIC) MERLINO FEDERAL WAY LAND, LLC Bits � . (33-1/3% of the Merlin TIC) 4 [Additional signatures follow] 1 ,i Amend¢dandR¢slatp,�jOP FZef-TApCpl9w page3S NA 18413.001 483&6628-0709v11 CHASE/MacLEOD TENANCY IN COMMON: LES P TERSON, as Special Trustee of the William J. Chase and Jeanette M. Chase Living Trust (75% of the Chase/MacLeod TIC) • JOHN H. MACLEOD, as Trustee of the John H. MacLeod and Sarah MacLeod Living Trust SARAH MACLEOD, as Trustee of the John H. MacLeod and Sarah MacLeod Living Trust (together, 25% of the Chase/MacLeod TIC) [Additional signatures follow] Amended and Restated Operating Agreement page 37 ND: 18413.001 483&6628-0709VI1 CHASE/MacLEOD TENANCY IN COMMON: LES PETERSON, as Special Trustee of the William J. Chase and Jeanette M. Chase Living Trust (75% of the Chase/MacLeod TIC) H. MACLEOD, as Trustee of the John H. MacLeod and Sarah MacLeod Living Trust .r�cx� a-fi.. l.t • y ►' L���e.� SARAH MACLEOD, as Trustee of the John H. MacLeod and Sarah MacLeod Living Trust (together, 25% of the Chase/MacLeod TIC) [Additional signatures follow] Amended and Restated OperadngAgreement page 37 IVD. 18413.001 4836-6628-0709VI1 ICTIGHT/RYYNANEN TENANCY IN COMMON: SECURITY STATE BANK, as Trustee of the Wayne B. Knight Credit Trust Under Will dated October 20, 2009 XP�—►D By 6(7,dav�► Title V %e-,c Pr CS t Truf (25% of the Knight/Ryynanen TIC) SECURITY STATE BANK, as Trustee of the Wayne B. Knight Testamentary Trust under Will for the Benefit of Dagmar Q. Knight (successor to the interest of Dagmar Q. Knight) 4Byv'doN 1Y. Sdi e re d Title V."ee Pcer d- i v' f Aff.'c-&r (25% of the Knight/Ryynanen TIC) CYNTIUA RYYNANEN ± (50% of the Knight/Ryynanen TIC) Amended and Restated 01)e)-wo- tgAgreement page 38 ND: 18413.001 4836-6628-0709v11 j I i r t 1 "IGHT/RYYNANEN TENANCY IN COMMON: SECURITY STATE BANK, as Trustee of the Wayne B. Knight Credit Trust Under Will dated October 20, 2009 f By W_ Title (25% of the Knight(Ryynanm TIC) SECURITY STATE BANK, as Trustee of the Wayne B. Knight Testaineataty Trust under Will for the Benefit of Dagmar Q. Knight (successor to the interest of Dagmar Q. Knight) By Title (250/6 f the Knight/Ryynauan TIC) IIIII i , ,:' ■ 1' +bi.ni ]mended and Restated OperatingAgreement page 38 ND: 18413. 001 4836.4428-070901 Parcel name: Lot 1 2013 Revised North: 113157.0449 Line Course: S 01-14-59 W North: 113119.4088 Line Course: S 24-16-10 W North: 113094.3547 Line Course: S 34-54-11 W North: 113024.3073 Line Course: S 11-00-00 E North: 112954.5509 Line Course: S 40-23-23 E North: 112923.4564 Line Course: S 23-34-46 E North: 112864.9283 Line Course: S 07-43-17 W North: 112792.6357 Line Course: S 40-44-56 E North: 112749.0925 Line Course: S 56-15-55 E North: 112730.4244 Line Course: S 71-07-09 E North: 112700.4703 Line Course: S 45-22-43 E North: 112661.2023 Line Course: S 01-07-05 W North: 112593.3652 Line Course: S 41-02-38 W North: 112522.6078 Line Course: S 19-15-47 W North: 112430.5372 Line Course: S 27-13-40 E North: 112371.5569 Line Course: S 34-25-14 E North: 112319.5067 Line Course: S 26-19-01 W North: 112253.0016 Line Course: S 44-45-48 W North: 112189.9474 Line Course: S 13-04-35 W North: 112166.1324 Line Course: N 78-53-02 W North: 112194.1636 Line Course: S 11-06-58 W North: 112145.1017 Line Course: S 78-45-27 E North: 112117.1457 Line Course: S 20-11-50 W North: 112080.0896 Line Course: S 24-49-00 W North: 112033.3617 Line Course: S 21-22-02 W East : 1272336. 5237 Length: 37.645 East 1272335.7027 Length: 27.483 East 1272324.4064 Length: 85.411 East 1272275.5351 Length: 71.062 East 1272289.0944 Length: 40.825 East 1272315.5483 Length: 63.860 East 1272341.0936 Length: 72.954 East 1272331.2918 Length: 57.477 East 1272368.8096 Length: 33.615 East 1272396.7644 Length: 92.565 East 1272484.3488 Length: 55.904 East 1272524.1393 Length: 67.850 East 1272522.8153 Length: 93.817 East 1272461.2116 Length: 97.531 East 1272429.0356 Length: 66.330 East 1272459.3835 Length: 63.098 East 1272495.0505 Length: 74.195 East 1272462.1571 Length: 88.806 East 1272399.6217 Length: 24.449 East 1272394.0901 Length: 145.392 East 1272251.4259 Length: 50.000 East 1272241.7860 Length: 143.392 East 1272382.4264 Length: 39.484 East 1272368.7945 Length: 51.482 East 1272347.1867 Length: 64.081 RESUBMITTED MAY 14 2014 Ci'i"Y OF FEDERAL WAY CDs North: 111973.6854 East 1272323.8391 Line Course: S 03-30-15 W Length: 58.950 North: 111914.8456 East 1272320.2360 Line Course: S 88-45-44 E Length: 34.729 North: 111914.0954 East 1272354.9569 Line Course: S 01-14-10 W Length: 164.406 North: 111749.7276 East : 1272351.4103 Line Course: N 88-45-50 W Length: 527.500 North: 111761.1071 East : 1271824.0330 Line Course: N 01-14-10 E Length: 822.102 North: 112583.0178 East : 1271841.7679 Line Course: N 88-45-23 W Length: 356.517 North: 112590.7555 East : 1271485.3348 Line Course: N 01-15-05 E Length: 605.719 North: 113196.3300 East : 1271498.5632 Line Course: S 88-45-01 E Length: 318.349 North: 113189.3868 East : 1271816.8365 Curve Length: 33.558 Radius: 22.000 Delta: 87-23-48 Tangent: 21.022 Chord: 30.398 Course: S 45-03-04 E Course In: S 01-15-02 W Course Out: N 88-38-50 E RP North: 113167.3920 East 1271816.3563 End North: 113167.9113 East 1271838,3503 Line Course: S 88-45-01 E Length: 60.045 North: 113166.6018 East 1271898.3810 Curve Length: 33.558 Radius: 22.000 Delta: 87-23-47 Tangent: 21.022 Chord: 30.398 Course: N 47-33-06 E Course In: S 86-08-48 E Course Out: N 01-14-59 E RP North: 113165.1233 East 1271920.3313 End North: 113187.1181 East 1271920.8113 Line Course: S 88-45-01 E Length: 381.190 North: 113178.8044 East : 1272301.9106 Curve Length: 33.356 Radius: 21.500 Delta: 88-53-27 Tangent: 21.088 Chord: 30.110 Course: S 44-18-18 E Course In: S 01-14-59 W Course Out: S 89-51-34 E RP North: 113157.3095 East 1272301.4417 End North: 113157.2567 East 1272322.9418 Line Course: S 89-06-15 E Length: 13.583 North: 113157.0443 East 1272336.5231 Perimeter: 5152.269 Area: 990, 748. SF 22.74 ACRES Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0008 Course: S 48-02-40 W Error North:-0.00055 East :-0.00061 Precision 1: 6, 428, 380.000 Parcel name: Lot 2 2013 Revised North: 111749.7272 Line Course: N 01-14-10 E North: 111914.0949 Line Course: N 88-45-44 W North: 111914.8451 Line Course: N 03-30-15 E North: 111973.6849 Line Course: N 21-22-02 E North: 112033.3613 Line Course: N 24-49-00 E North: 112080.0892 Line Course: N 20-11-50 E North: 112117.1453 Line Course: N 78-45-27 W North: 112145.1013 Line Course: N 11-06-58 E North: 112194.1632 Line Course: S 78-53-02 E North: 112166.1319 Line Course: S 78-53-02 E North: 112154.0256 Line Course: S 88-44-22 E North: 112150.7964 Line Course: S 02-38-16 W North: 112141.0098 Line Course: S 01-15-38 W North: 111744.5067 Line Course: N 88-45-50 W North: 111749.7257 East : 1272351.4101 Length: 164.406 East 1272354.9567 Length: 34.729 East 1272320.2358 Length: 58.950 East 1272323.8389 Length: 64.081 East 1272347.1864 Length: 51.482 East 1272368.7943 Length: 39.484 East 1272382.4262 Length: 143.392 East 1272241.7858 Length: 50.000 East 1272251.4257 Length: 145.392 East 1272394.0899 Length: 62.793 East : 1272455.7048 Length: 146.788 East 1272602.4573 Length: 9.797 East : 1272602.0064 Length: 396.599 East : 1272593.2816 Length: 241.928 East : 1272351.4099 Perimeter: 1609.822 Area: 107, 548. SF 2.46 ACRES Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0014 Course: S 05-23-48 W Error North:-0.00144 East :-0.00014 Precision 1: 1, 149, 872.143 Parcel name: LOT 3 2013 North: 112528.6303 Line Course: S 16-50-17 W North: 112468.6357 Line Course: S 42-28-57 W North: 112341.2118 Line Course: S 02-38-16 W North: 112141.0101 Line Course: S 01-15-38 W North: 111744.5071 Line Course: S 88-45-50 E North: 111736.4425 Curve Length' 10.485 Delta- 0-12-51 Chord: 10.480 Course In: N 71-51-58 W RP North: 112609.4667 End North: 111746.4126 Curve Length: 10.471 Delta: 0-12-50 Chord: 10.471 Course In: N 72-04-49 W RP North: 112609.4667 End North: 111756.3819 Curve Length: 179,385 Delta: 3-39-51 Chord: 179.353 Course In: N 72-17-39 W RP North: 112609.4667 End North: 111928.8967 Line Course: N 88-45-44 W North: 111932.9955 Line Course: N 00-10-12 E North: 112232.6132 Line Course: N 88-14-10 W North: 112232.8926 Line Course: N 01-12-20 E North: 112341.5485 Line Course: S 88-46-13 E North: 112335.8378 Curve Length: 193,215 Delta: 3-56-48 Chord: 193,176 Course I n : N 84-24-07 W RP North: 112609.4631 End North: 112528.6281 Line Course: M 90-00-00 W North: 112528.6281 East : 1272746.0775 Length: 62.682 East : 1272727.9206 Length: 172.782 East : 1272611.2297 Length: 200.414 East : 1272602.0063 Length: 396.599 East : 1272593.2815 Length: 373.837 East : 1272967.0315 Radius: 2805,000 Tangent: 5.240 Course: N 18-01-37 E Course Out: S 72-04-49 E East 1270301,3508 East 1272970.2761 Radius: 2805.000 Tangent: 5.240 Course: N 17-48-46 E Course Out: S 72-17-39 E East 1270301,3508 East : 1272973.4794 Radius: 2805.000 Tangent: 89.722 Course: N 15-52-25 E Course Out: S 75-57-30 E East 1270301.3508 East 1273022.5361 Length: 189.746 East : 1272832.8343 Length: 299.619 East 1272833.7233 Length: 9.076 East 1272824.6516 Length: 108.680 East : 1272826.9382 Length: 266.095 East : 1273092.9719 Radius: 2805.000 Tangent: 96.645 Course: N 03-37-29 E Course Out: S 88-20-55 E East 1270301.3497 East 1273105.1847 Length: 359.109 East : 1272746,0757 Perimeter: 2832.196 Area: 247,501 sq. ft. 5.68 acres Mapcheck Closure — (Uses listed courses, radii, and deltas) Error Closure: 0.0028 Course: S 38-54-53 W Error North:—0.00220 East :—0.00177 Precision 1: 1,011,498.214 Parcel name: LOT 4 2013 North: 113156.0978 Line Course: S 00-00-00 W North: 113041.0738 Line Course: S 30-46-52 E North: 112962.6955 Line Course: S 72-11--48 E North: 112887.5377 Line Course: S 35-40-10 E North: 112784.4993 Line Course: S 01-16-30 W North: 112528.6306 Line Course: S 90-00-00 E North: 112528.6306 Curve Length: 22.398 Delta: 0-27-27 Chord: 22.398 Course In: N 88-20-55 W RP North: 112609.4657 End North: 112551.0213 Line Course: N 01-11-38 E North: 112555.5723 Line Course: N 88-45-23 W North: 112555.6157 Line Course: N 01-11-38 E North: 113062.7946 Line Course: N 04-29-19 W North: 113092.9996 Line Course: N 01-11-38 E North: 113134.1337 Line Course: N 43-46-57 W North: 113161.6870 Line Course: N 88-45-01 w North: 113176.0288 Line Course: S 01-14-59 W North: 113174.0293 Line Course: N 88-45-01 W North: 113174.2910 Line Course: N 01-14-59 E North: 113175.0648 Curve Length: 30.271 Delta: 91--17-03 Chord: 27.169 Course In: S 01-20-21 w RP North: 113156.0700 End North: 113156.0882 Line Course: N 89-06-15 W North: 113156.0963 East : 1272397.0854 - Length: 115.024 East : 1272397.0854 Length: 91.230 East : 1272443.7732 Length: 245.814 East . 1272677.8156 Length: 126.833 East : 1272751.7729 Length: 255.932 East : 1272746.0782 Length: 359.109 East : 1273105,1872 Radius: 2805.000 Tangent' 11.200 Course: N 01-25-22 E Course Out: S 88--48-22 E East 1270301.3522 East 1273105.7432 Length: 4.552 East 1273105.8381 Length: 2.000 East 1273103.8386 Length: 507.289 East : 1273114.4083 Length: 30.298 East 1273112.0372 Length: 41.143 East 1273112.8944 Length: 38.164 East 1273086.4879 Length: 657.576 East 1272429.0683 Length: 2.000 East 1272429.0247 Length: 12.000 East 1272417.0275 Length: 0.774 East 1272417.0444 Radius: 19.000 Tangent: 19.431 Course: S 45-41-50 W Course Out: N 89-56-42 W East 1272416,6004 East : 1272397.6004 Length: 0.514 East 1272397.0864 Perimeter: 2542.922 Area: 318,815 sq. ft. 7.32 acres Mapcheck Closure — (Uses listed courses, radii, and deltas) Error Closure: 0.0019 Course: S 33-21-38 E. Error North:—0.00157 East : 0.00103 Precision 1: 1, 338, 379.474 Parcel name: Lot 5 2013 Revised North: 113156.0978 East : 1272397.0854 Line Course: S 00-00-00 W Length: 115.024 North: 113041.0738 East 1272397.0854 Line Course: S 30-46-52 E Length: 91.230 North: 112962.6955 East 1272443.7732 Line Course: S 72-11-48 E Length: 245.814 North: 112887.5377 East : 1272677.8156 Line Course: S 35-40-10 E Length: 126.833 North: 112784.4993 East : 1272751.7729 Line Course: S 01-16-30 W Length: 255.932 North: 112528.6306 East 1272746.0782 Line Course: S 16-50-17 W Length: 62.682 North: 112468.6360 East 1272727.9212 Line Course: S 42-28-57 W Length: 172.782 North: 112341.2121 East : 1272611.2303 Line Course: S 02-38-16 W Length: 190.617 North: 112150.7971 East : 1272602,4578 Line Course: N 88-44-22 W Length: 146.788 North: 112154.0263 East 1272455.7053 Line Course: N 78-53-02 W Length: 62.793 North: 112166.1326 East 1272394.0904 Line Course: N 13-04-35 E Length: 24.449 North: 112189.9476 East 1272399.6220 Line Course: N 44-45-48 E Length: 88.806 North: 112253.0018 East 1272462.1574 Line Course: N 26-19-01 E Length: 74.195 North: 112319.5069 East 1272495.0508 Line Course: N 34-25-14 W Length: 63.098 North: 112371.5571 East 1272459.3838 Line Course: N 27-13-40 W Length: 66.330 North: 112430.5374 East 1272429.0359 Line Course: N 19-15-47 E Length: 97.531 North: 112522.6080 East 1272461.2119 Line Course: N 41-02-38 E Length: 93.817 North: 112593.3654 East 1272522.8156 Line Course: N 01-07-05 E Length: 67.850 North: 112661.2025 East 1272524.1396 Line Course: N 45-22-43 W Length: 55.904 North: 112700.4705 East 1272484.3491 Line Course: N 71-07-09 W Length: 92.565 North: 112730.4247 East 1272396.7647 Line Course: N 56-15-55 W Length: 33.615 North: 112749.0927 East 1272368.8099 Line Course: N 40-44-56 W Length: 57.477 North: 112792.6360 East 1272331.2920 Line Course: N 07-43-17 E Length: 72.954 North: 112864.9285 East 1272341.0939 Line Course: N 23-34-46 W Length: 63.860 North: 112923.4566 East 1272315.5486 Line Course: N 40-23-23 W Length: 40.825 North: 112954.5512 East 1272289.0946 Line Course: N 11-00-00 W Length: 71.062 North: 113024.3076 East 1272275.5354 Line Course: N 34-54-11 E Length: 85.411 North: 113094.3549 East 1272324.4067 Line Course: N 24-16-10 E Length: 27.483 North: 113119.4091 East 1272335.7030 Line Course: N 01-14-59 E Length: 37.645 North: 113157.0451 East 1272336.5240 Line Course: S 89-06-15 E Length: 60.569 North: 113156.0981 East 1272397.0856 Perimeter: 2745.940 Area: 223,908. SF 5.14 ACRES Mapcheck Closure — (Uses listed courses and chords) Error Closure: 0.0003 Course: N 30-34-04 E Error North: 0.00030 East : 0.00018 Precision 1: 9, 153, 136.667 CITY OF MEMORANDUM Federal Way DATE: 3/4/ 14 TO: Jack Hunden, Devco via e-mail: jhunden@devcoapts.com Zack Lennon, ESM via —email: zack.lennon@esmcivil.com FROM: Jim Harris, Contract Planner Ann Dower, Senior Engineering Plans Reviewer SUB7ECT: Kitts Corner Apartments — Boundary Line Adjustment (13-104506-00-SU) 33701 Pacific Highway South - First Review The information provided on 10/10/13, and additional information submitted 1/22/14, has been reviewed. Please address and respond to each of the following items: 1. The title report shows numerous owners for the property as a whole. Please provide proof of authority for Len Schott to sign on behalf of each of them. Anyone who has not authorized him to sign on their behalf must be included in the signature area, and have their signature notarized. 2. Existing tax lot numbers, existing lot area, and proposed lot area must be shown on the boundary line adjustment. 3. Topography of the land must be indicated with 5' contours and 40% breakline delineation. 4. Correct the city file number to 13-104506-00-SU. 5. Provide a copy of the lot closure calculations that have been stamped and signed by the surveyor. 6. Notify staff when the lot corners have been set. 7. The wetland delineation recorded under King County Auditors file 9607129012 needs to be referenced on the BLA, and the wetland boundaries and 100-foot buffers labeled accordingly on the BLA map. 8. City staff would prefer that the new (proposed) lot lines follow underlying zoning boundaries, as the site has both RM 2400 zoning and BC zoning. The proposed lot lines result in split zoning for proposed lots 5 and 2. The zoning line follows the easterly 100-foot wetland buffer line of wetland No 2 (the large north/south wetland). Can the west lot line of proposed lots 2 and 5 be relocated to coincide with the zoning delineation? Provide three sets of the revised BLA for City review. 13-104506 Doc ID. 65127 Form WA-5 (6/76) Commitment Face Page File No.: NCS-560481-WA1 XM F JET +c •7• COMMITMENT FOR TITLE INSURANCE Issued by FIRSTAMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." FirstAmerican Title Insurance Company }�LSLE fy5g* eR—`�r�fyj}; o* •• '` By: 7zXZ74_— President suFarIIk r,L 4 sue'• ufi .' y� �I[ 1 F 6 {•L�r y Attest: lr� kl_vr_jp� Secretary By: T �`� Countersigned RECEIVED OCT 10 2013 CITY OF FEDERAL WAY CDS First American Title Insurance Company Form WA-5 (6/76) Commitment To: 1. 3. First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 - (800)526-7544 FAX (206)448-6348 Chantale A. Stiller -Anderson (206)448-6286 cstiller@firstam.com Westlake Associates, Inc. 2810 Eastlake Avenue E Seattle, WA 98102 Attn: Dick Borsini THIRD REPORT SCHEDULE A Commitment Date: July 11, 2013 at 7:30 A.M. Policy or Policies to be issued: File No.: NCS-560481-WAI Page No. 1 Terri Nugent (206)615-3041 tnugent@firstam.com File No.: NCS-560481-WAl Your Ref No.: Kitts Corner/Devco AMOUNT PREMIUM TAX Standard Owner's Coverage $ 3,600,000.00 $ Proposed Insured: Devco, Inc., a Washington corporation 5,810.00 $ 551.95 The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is at the effective date hereof vested in: Wells Fargo Bank, N.A., as Trustee of the Wayne B. Knight Credit Trust under the Last Will and Testament of Wayne B. Knight dated October 20, 2009, an undivided one -quarter (1/4) interest; Dagmar Q. Knight, as her separate estate, as to an undivided one -quarter (1/4) interest; and Cynthia L. Ryynanen, as her separate estate, as to an undivided one-half (1/2) interest, as to Parcel A; John H. MacLeod and Sarah MacLeod, who also appears of record as Sally MacLeod, as Trustees under the John H. MacLeod and Sarah MacLeod Family Trust, U.D.T. August 8, 1986; and Jeanette M. Chase, as Successor Trustee of the William J. Chase and Jeanette M. Chase Living Trust, as to Parcel B; Jean M. Merlino, as her separate estate; The heirs or devisees of James E. Merlino, deceased; subject to the probate proceedings pending under King County Superior Court Cause No. 11-4-04645-9; and Merlino Federal Way Land LLC, a Washington limited liability company, as to Parcel C; Campus Gateway Associates, a Washington limited partnership, as to Parcel D; and Kitts Corner Partners LLC, a Washington limited liability company, as to Parcel E First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAl Commitment Page No. 2 4. The land referred to in this Commitment is described as follows: The land referred to in this report is described in Exhibit "A" attached hereto. First American Title Insurance Company Form WA-5 (6/76) Commitment EXHIBIT 'A' LEGAL DESCRIPTION: PARCEL A: File No.: NCS-560481-WAl Page No. 3 THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WESTERLY OF STATE HIGHWAY. PARCEL B: THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE SEATTLE-TACOMA HIGHWAY; EXCEPT ROADS, AND EXCEPT THE FOLLOWING PORTION: BEGINNING AT A POINT ON THE WEST BOUNDARY OF THE SEATTLE-TACOMA HIGHWAY 30 FEET NORTHEASTERLY OF A POINT WHERE THE WEST BOUNDARY OF SAID HIGHWAY INTERSECTS THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.; RUNNING THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., 200 FEET; RUNNING THENCE NORTH 00 10' 12" EAST TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE EAST ALONG SAID LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20 TO THE WEST BOUNDARY OF THE SEATTLE-TACOMA HIGHWAY; THENCE SOUTHWESTERLY ALONG THE WEST LINE OF SEATTLE-TACOMA HIGHWAY TO THE POINT OF BEGINNING. ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER RECORDING NO. 3722662. PARCEL C: THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 000 09' 38" WEST ALONG THE EASTERLY LINE THEREOF 877.49 FEET; THENCE NORTH 890 48' 55" WEST 241.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 890 48' 55" WEST 82.00 FEET; THENCE SOUTH 000 09' 38" WEST 108.68 FEET; THENCE SOUTH 890 48' 55" EAST 82.00 FEET; First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAl Commitment Page No. 4 THENCE NORTH 000 09' 38" EAST 108.68 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 000 09' 38" WEST ALONG THE EASTERLY LINE THEREOF 877.49 FEET; THENCE NORTH 890 48' 55" WEST 60.00 FEET TO THE WEST BOUNDARY OF PRIMARY STATE HIGHWAY NO. 1 (ALSO KNOWN AS U.S. HIGHWAY 99) AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 890 48' 55" WEST 181.00 FEET; THENCE SOUTH 000 09' 38" WEST 108.68 FEET; THENCE SOUTH 890 48' 55" EAST 81.00 FEET; THENCE SOUTH 000 09' 38" WEST 24.87 FEET; THENCE SOUTH 890 48' 55" EAST 90.00 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF SAID PRIMARY STATE HIGHWAY NO. 1; THENCE NORTHERLY ALONG SAID WEST MARGIN TO THE TRUE POINT OF BEGINNING. AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1 (ALSO KNOWN AS U.S. HIGHWAY 99). PARCEL D: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 300.00 FEET THEREOF; AND EXCEPT THE NORTH 42 FEET THEREOF CONVEYED FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 7410030037; TOGETHER WITH THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 42 FEET THEREOF CONVEYED FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 7410030037; AND EXCEPT THAT PORTION LYING WESTERLY OF PRIMARY STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH) AS CONVEYED BY DEEDS RECORDED UNDER RECORDING NOS. 1778234 AND 3715474; AND EXCEPT THE EAST 223.6 FEET OF THAT PORTION OF THE SOUTH 223.6 FEET OF THE NORTH 265.6 FEET OF THE EAST 319 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING WESTERLY OF PRIMARY STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH) AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 1778234; (SAID "EXCEPTED" PARCEL ALSO BEING KNOWN AS AN UNIDENTIFIED LOT IN KING COUNTY BOUNDARY LINE ADJUSTMENT NO. 8810007, RECORDED UNDER KING COUNTY RECORDING NO. 8812200807). ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION UNDER STATUTORY WARRANTY DEED RECORDED SEPTEMBER 26, 2002 AND JULY 27, 2011 UNDER RECORDING NOS. 20020926001701 AND 20110727000010; (ALSO KNOWN AS NEW LOT 2 OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. BLA 00-105818-000-00-SU, RECORDED AUGUST 2, 2001 UNDER RECORDING NO. 20010802900007). PARCEL E: FirstAmerican Tit/e Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAI Commitment Page No. 5 THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH MARGIN OF SOUTH 336TH STREET WITH THE WEST MARGIN OF PACIFIC HIGHWAY SOUTH, AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 1778234; THENCE SOUTH 10 12' 23" WEST ALONG SAID WEST MARGIN 223.60 FEET TO THE SOUTH LINE OF THE NORTH 265.60 FEET OF SAID SUBDIVISION; THENCE NORTH 880 44' 45" WEST ALONG SAID SOUTH LINE 223.60 FEET TO THE WEST LINE OF THE EAST 262.40 FEET OF SAID SUBDIVISION; THENCE NORTH 10 12' 23" EAST ALONG SAID WEST LINE 223.60 FEET TO THE SAID SOUTH MARGIN OF SOUTH 336TH STREET; THENCE SOUTH 880 44' 45" EAST 223.60 FEET TO THE POINT OF BEGINNING; EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF FEDERAL WAY BY DEEDS RECORDED AUGUST 16, 1999, AUGUST 19, 1999 AND SEPTEMBER 27, 2002 UNDER RECORDING NOS. 19990816000053, 19990819001819 AND 20020927001676. First American Title Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B - SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: File No.: NCS-560481-WAI Page No. 6 Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. K Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. First American Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAl Commitment Page No. 7 SCHEDULE B - SECTION 2 (continued) SPECIAL EXCEPTIONS 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Federal Way is at 1.78%. Levy/Area Code: 1205 For all transactions recorded on or after July 1, 2005: A fee of $10.00 will be charged on all exempt transactions; A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. General Taxes for the year 2013. Tax Account No.: 202104-9004-04 Amount Billed: $ 9,366.38 Amount Paid: $ 4,683.19 Amount Due: $ 4,683.19 Assessed Land Value: $ 580,200.00 Assessed Improvement Value: $ 0.00 (Affects Parcel A) 3, General Taxes for the year 2013. Tax Account No.: 202104-9072-01 Amount Billed: $ 16,346.97 Amount Paid: $ 8,173.49 Amount Due: $ 8,173.48 Assessed Land Value: $ 1,012,700.00 Assessed Improvement Value: $ 0.00 (Affects Parcel B) 4. General Taxes for the year 2013. Tax Account No.: 202104-9001-07 Amount Billed: $ 24,945.83 Amount Paid: $ 12,472.92 Amount Due: $ 12,472.91 Assessed Land Value: $ 1,545,500.00 Assessed Improvement Value: $ 0.00 (Affects Parcel C) FirstAmerican Title Insurance Company Form WA-5 (6/76) Commitment 5. General Taxes for the year 2013. Tax Account No.: 202104-9070-03 Amount Billed: $ 61,271.17 Amount Paid: $ 30,635.59 Amount Due: $ 30,635.58 Assessed Land Value: $ 3,796,200.00 Assessed Improvement Value: $ 0.00 (Affects Parcel D) 6. General Taxes for the year 2013. Tax Account No.: 202104-9069-06 Amount Billed: $ 8,691.33 Amount Paid: $ 4,345.67 Amount Due: $ 4,345.66 Assessed Land Value: $ 538,400.00 Assessed Improvement Value: $ 0.00 (Affects Parcel E) File No.: NCS-560481-WAI Page No. 8 �7. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of Federal Way as disclosed by instrument recorded May 12, 1989 under recording no. 8905120210. 8. Easement resulting from King County Superior Court condemnation, including terms and provisions contained therein: �i Cause No.: 823293 In Favor of: Lakehaven Sewer District For: Sewer main(s) Affects: Parcel A 9. Right to make necessary slopes for cuts or fills upon said premises for 336th Street as granted by deed recorded October 08, 1974 under recording no. 7410080037. (Affects Parcel D) 10. Easement, including terms and provisions contained therein: Recording Information: December 1, 1976 under Recording No. 7612010602 In Favor of: Lakehaven Sewer District For: -Sewer main(s) Affects: (Parcel D) as described therein. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAI Page No. 9 11. Easement, including terms and provisions contained therein: Recording Information: December 1, 1976 under Recording No. 7612010603 In Favor of: Lakehaven Sewer District For: Sewer main(s) Affects: (Parcel D) as described therein. 12. Easement, including terms and provisions contained therein: / Recording Information: December 1, 1976 under Recording No. 7612010610 J In Favor of: Lakehaven Sewer District For: Sewer main(s) Affects: (Parcel C) as described therein. 13. Easement, including terms and provisions contained therein: Recording Information: December 23, 1976 under Recording No. 7612230644 In Favor of: Lakehaven Sewer District, a municipal corporation For: Sewer mains and appurtenances Affects: (Parcel B) as described therein. 14. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey, recorded October 27, 1986 under Recording No. 8610279015 in volume 52 of Surveys, at page(s) 1, in King County, Washington. (Affects Parcel C) 15. Easement, including terms and provisions contained therein: Recording Information: December 23, 1988 under Recording No. 8812231027 2 In Favor of: Exxon Corporation For: Access Affects: (Parcel E) as described therein. 16. Easement, including terms and provisions contained therein: Recording Information: May 15, 1989 under Recording No. 8905150794 /J In Favor of: Pacific Northwest Bell Telephone Company `7 For: Underground communication lines and aboveground telephone equipment and cabinets Affects: (Parcel D) as described therein. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAl Page No. 10 17. Easement, including terms and provisions contained therein: Recording Information: January 2, 1996 under Recording No. 9601020659 2 In Favor of: City of Federal Way For: Drainage facilities Affects: (Parcel A) as described therein. 18. Easement, including terms and provisions contained therein: Recording Information: January 2, 1996 under Recording No. 9601020660 2� In Favor of: City of Federal Way For: Drainage facilities Affects: (Parcel A) as described therein. 19. Easement, including terms and provisions contained therein: Recording Information: January 2, 1996 under Recording No. 9601020661 2 In Favor of: City of Federal Way For: Detention and wetland/stream restoration Affects: (Parcel A) as described therein. 20. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey recorded July 12, 1996 under Recording No. 9607129012, in King County, Washington. (Affects Parcels B, C and D) 21. Covenants, conditions, restrictions and/or easements: 7-1Recorded: April 21, 1997 Recording No.: 9704211043 22. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: James E. Merlino, Michelle F. Merlino, Jean M., Paul L. Merlino and Cheryl Merlino Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $120,000.00 Recorded: April 21, 1997 Recording Information: 9704211044 (Affects Parcel C) FirstAmencan Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAI Page No. 11 23. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Campus Gateway Associates, a Washington limited partnership Grantee/Beneficiary: The City of Federal Way, Washington, a Washington municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $60,000.00 Recorded: April 21, 1997 Recording Information: 9704211045 The Deed of Trust/Mortgage was Partially reconveyed as to portion described therein by instrument recorded December 18, 2001 under recording no. 20011218002030. Q� (Affects Parcel D) 24. Easement, including terms and provisions contained therein: Recording Information: April 21, 1997 under Recording No. 9704211047 In Favor of: City of Federal Way For: Innundation/surface water Affects: (Parcel B) as described therein. 2� 25. Easement, including terms and provisions contained therein: Recording Information: April 21, 1997 under Recording No. 9704211048 'j In Favor of: City of Federal Way For: Wetlands, stream & buffers Affects: (Parcel B) as described therein. 26. Easement, including terms and provisions contained therein: Recording Information: April 21, 1997 under Recording No. 9704211049 In Favor of: City of Federal Way For: Access maintenance road & storm drainage Affects: (Parcel B) as described therein. 2T Easement, including terms and provisions contained therein: Recording Information: April 21, 1997 under Recording No. 9704211050 In Favor of: City of Federal Way /3\ For: Dam & appurtenant surface water structures & wetlands mitigation and stream reconstruction Affects: (Parcel B) as described therein. First American Tit/e Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAl Page No. 12 28. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: William J. Chase and Jeanette M. Chase, husband wife, as Trustees of the William J. Chase and Jeanette M. Chase Living Trust, and John H. MacLeod and Sarah MacLeod, husband and wife, as Trustees under the John H. MacLeod and Sarah MacLeod Family Trust Grantee/Beneficiary: The City of Federal Way, Washington, a municipal corporation Trustee: Chicago Title Insurance Co., a Missouri corporation Amount: $90,000.00 Recorded: April 21, 1997 Recording Information: 9704211051 (Affects Parcel B) 29. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704220986 5E In Favor of: City of Federal Way For: Inundation Affects: (Parcel C) as described therein. 30. Easement, including terms and provisions contained therein: 2 Recording Information: April 22, 1997 under Recording No. 9704220987 In Favor of: City of Federal Way For: Access maintenance road & storm drainage Affects: (Parcel C) as described therein. 31. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704220988 54 In Favor of: City of Federal Way For: Wetlands & stream buffers Affects: (Parcel C) as described therein. 32. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221245 ' In Favor of: City of Federal Way For: Manhole & related facilities Affects: (Parcel D) as described therein. 33. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221246 In Favor of: City of Federal Way For: Manhole & related facilities Affects: (Parcel D) as described therein. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAl Page No. 13 34. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221247 a,l In Favor of: City of Federal Way For: Wetlands & stream buffers Affects: (Parcel D) as described therein. 35. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221248 In Favor of: City of Federal Way For: Access maintenance road & storm drainage Affects: (Parcel D) as described therein. 36. Easement, including terms and provisions contained therein: Recording Information: April 22, 1997 under Recording No. 9704221249 In Favor of: City of Federal Way IS9 For: Inundation Affects: (Parcel D) as described therein. 37. Easement, including terms and provisions contained therein: (� Recording Information: June 18, 1997 under Recording No. 9706180616 V In Favor of: City of Federal Way For: Manhole & related facilities Affects: (Parcel D) as described therein. 38. The terms and provisions contained in the document entitled "Possession and Use Agreement" recorded June 5, 1998 as Recording No. 9806052195 of Official Records. (Affects Parcel E) 39. Covenants, conditions, restrictions and/or easements: Recorded: August 16, 1999 Recording No.: 19990816000033 (Affects Parcel E) 40. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) BLA 00-105818-000-00-SU !� Recorded: August 2, 2001 Recording Information: 20010802900007 (Affects Parcel D) 41. Easement, including terms and provisions contained therein: Recording Information: January 9, 2003 under Recording No. 20030109002453 In Favor of: City of Federal Way For: Rights -of -way and utilities Affects: (Parcel E) as described therein. FirstAmerican Title Insurance Company Form WA-5 (6/76) File No.: NCS-560481-WAI Commitment Page No. 14 42. The terms and provisions contained in the document entitled "Ordinance No. 05-490" recorded June 24, 2005 as Recording No. 20050624000625 of Official Records. Said instrument also recorded June 24, 2005 under Recording Nos. 20050624000623, 20050624000624,20050624000626,20050624000627,20050624000628,20050624000629, 20050624000630. 43. The terms and provisions contained in the document entitled Memorandum of Agreement to Purchase Real Property" recorded September 19, 2006 as Recording No. 20060919000872 of Official Records. J Easement, including terms and provisions contained therein: Recording Information: July 27, 2011 under Recording No. 20110727000011 In Favor of: City of Federal Way, a Washington municipal corporation For: Public right-of-way Affects: (Parcel D) as described therein. 45. The terms, provisions and easement(s) contained in the document entitled "Temporary Construction Easement Agreement" recorded July 27, 2011 as Recording No. 20110727000920 of Official Records. (Affects Parcel D) 46. The terms and provisions contained in the document entitled "Temporary Permit to Enter Property and Remove Trees" recorded October 28, 2011 as Recording No. 20111028000776 of Official Records. (Affects Parcel D) 47. Evidence of the authority of the officers of Devco, Inc., a Washington corporation, to execute the �pL� forthcoming instrument, copies of the current Articles of Incorporation, By -Laws and certified I ` copies of appropriate resolutions should be submitted prior to closing. 48. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. The Following Matters Affect Parcel C: 49. James E. Merlino died leaving a Non -Intervention Will. Admitted to Probate: August 12, 2011 ` ( Probate Case No.: 11-4-04645-9, King County Personal Representative: Donald Stevens Attorney for Estate: Katie S. Groblewsld, Lynn Merlino, Michael Edward Siderius and Ronald David Allen Said personal representative is authorized to administer the estate without intervention of court and to mortgage, convey or contract to convey decedent's interest in said premises. 50. The effect of Quit Claim Deed between James E. Merlino, by the Estate of James E. Merlino (Donald Stevens, Executor), as grantor, and JEMKITTS, LLC, as grantee and recorded under First American Tit/e Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAl Page No. 15 Recording No. 20130703002015. Pursuant to the will of James E. Merlino, the distribution of the estate is to be through a Family Trust or Marital Trust. It is unclear which trust the property herein described is to be assigned. Additionally, the grantor of the deed in question, Donald Stevens, was appointed trustee of both trusts and should convey the interest of the estate as Trustee of the appropriate trust. 5i. Evidence of the authority of the individual(s) to execute the forthcoming document for Merlino Federal Way Land LLC, a Washington limited liability company, copies of the current operating agreement should be submitted orior to closing. TtteL Following Matters Affect Parcel A: 52. Terms and conditions of the Wayne B. Knight Credit Trust under the Last Will and Testament of Wayne B. Knight dated October 20, 2009, under which title is vested. 9C"'N A copy of the Trust Agreement and all amendments should be submitted prior to closing. The Following Matters Affect Parcel B: 53. Terms and conditions of the John H. MacLeod and Sarah MacLeod Family Trust, U.D.T. August 8, 1986, under which title is vested. A copy of the Trust Agreement and all amendments should be submitted prior to closing. w 54. Terms and conditions of the William J. Chase and Jeanette M. Chase Living Trust, under which title is vested. A copy of the Trust Agreement and all amendments should be submitted prior to closing. The Followina Matters Affect Parcel 0: 55, Terms, conditions, provisions and stipulations of the Partnership Agreement of Campus Gateway Associates, a Washington limited partnership. A copy of the Certificate of Agreement and all amendments which are properly filed with the Secretary of State must be submitted rip_or to closing. Any conveyance or encumbrance of the Partnership property must be executed by all of the General Partners. NOTE: If the proposed transaction involves a sale of all or substantially all of the Partnership's assets the written consent of all of the Limited Partners should be submitted, prior to_caasin . 51: ' Matters which may be disclosed by a search of the records against the name(s) of the general/managing partner(s) of the partnership named below, provided said matters represent partnership obligations. Partnership: Campus Gateway Associates, a Washington limited partnership The Fallowing Matters Affect Parcel E: 57. Evidence of the authority of the individual(s) to execute the forthcoming document for Kitts Corner Partners LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to closing. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-560481-WAl Page No. 16 INFORMATIONAL NOTES A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn Sec 20 Twp 21N Rge 4E, NE Qtr APN: 202104-9004-04 APN: 202104-9072-01 APN: 202104-9001-07 APN: 202104-9070-03 APN: 202104-9069-06 D. According to the application for title insurance, title is to vest in Devco, Inc., a Washington corporation. Examination of the records discloses no matters pending against said party(ies). E. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B cc: Westlake Associates, Inc., First American Title Insurance Company Form WA-5 (6/76) Commitment First American Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations File No.: NCS-560481-WAl Page No. 17 1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. First American Title Insurance Company Form WA-5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NCS-560481-WAl Page No. 18 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another per<cn or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and - Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation - All Rights Reserved First American Title Insurance Company CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: October 18, 2013 TO: Ann Dower, PW Development Services Rick Perez, PW Traffic Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District FROM: Jim Harris FOR DRC MTG. ON: October 31, 2013 - Internal FILE NUMBER(s) : 13-104506-00-SU RELATED FILE NOS.: Many PROJECT NAME: BOUNDARY LINE ADJUSTMENT FOR KITTS CORNER MULTIFAMILY PROJECT ADDRESS: 33701 PACIFIC HWY S ZONING DISTRICT: BC & RM PROJECT DESCRIPTION: Boundary line adjustment LAND USE PERMITS: PROJECT CONTACT: E S M CONSULTING ENGINEERS LLC ZACK LENNON 334008 TH AVES MATERIALS SUBMITTED: BLA Map, Lot Calcs, Title Report RECEIVED Federal OF Way APPLICATION No(S) OCT 10 2013 CITY OF FEDERAL WAY CDS MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 81h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 .vww.Cit ffederalwa .cam Date October 3, 2013 Project Name Federal Way Village Boundary Line Adjustment Property Address/Location 34051 PACIFIC HWY S. Federal Wa WA 98003 Parcel Number(s) 202104-9004 202104-9072 202104-9001 202104-9070 202104-9069 Project Description The proposed BLA is to re -align the subject parcels in a way that will best serve each lot for future develo meat. The new lots have also been ad'usted to compensate for the new ali ent of S 344v' tree# from the south. PLFACF. 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 H (Site Plan Review) _ Process ID (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Proj ect SEPA Only _ Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information BC & RM2400 Zoning Designation Commudt Bus &_ Multi -Family _Comp Plan Des N/A Value of Existing Improvements N/A Value of Proposed Improvements International Building Code (IBC): NIA Occupancy Type N/A Construction Type Applicant Name: DevCo., Inc. Address: 11100 Main Street, Suite 301 City/State: Bellevue, WA Zip: 98004 Phone: (425) 453-9551 Fax: (425) 453-9566 Email: tneubauerCa),devcoapts.com Signature: �w`^ „- �rest_c evd Agent (if different than Applicant) Name: ESM Consulting Engineers, LLC Address: 33400 8th Ave South City/State: Federal Way, WA Zip: 98003 Phone: (253) 838-6113 Fax: (253) 838-7104 Email: xack.lennonaldsmciyil.corn Signature: Owner Name: Kitts Comer Dbvelopment, LLC Address: 1026 Bellevue Way SE City/State: Bellevue,.WA Zip: 98004 Phone: (425) 455-4772 Fax: (425) 453.2762 Email: ischaadt c.co Signature: Attn: Zack Lennon, P.L.S. Bulletin #003 —January 1, 2011 Page 1 of 2 k:\HandoutslMaster Land Use Application