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
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By: 7zXZ74_— President
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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
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