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13-101314 (2)CITY OF ti. Federal Way October 4, 2013 John Parsaie Morgan Design Group LLC 11207 Fremont Avenue North Seattle, WA 98133 CITY HALL FILE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com RE: File #13-101314-00-SU; RECORDED BINDING SITE PLAN Celebration Senior Living Apartments, 32723 Pacific Hwy South, Federal Way Dear Mr. Parsaie: The above -referenced Binding Site Plan (B.SP) was recorded at King County Records and Elections on October 3, 2013, under recording number 20131003001646. Copy of the receipt and a conformed copy of the BSP are enclosed. Please contact me at 253-835-2641 or rebecca.chapin@cityoffederalway.com if you have any questions about this letter. Sincerely, Becky apin Assistant Planner enc: Conformed Copy BSP Copy of King County Receipt Doc. I.D. 64032 CIT O Federal Way September 24, 2013 John Parsaie Morgan Design Group, LLC 11207 Fremont Avenue North Seattle, WA 98133 LLi CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com RE: File #13-101314-00-SU; PRELIMINARY BINDING SITE PLAN APPROVAL Celebration Senior Living Apartments BSP, 32723 Pacific Hwy South, Federal Way Dear Mr. Parsaie: The city's Community and Economic Development Department has completed the administrative review for the `Celebration Senior Living Apartments BSP.' The applicant proposes to subdivide one commercial lot into two commercial lots. The site is located at 32723 Pacific Hwy South (King County tax parcel 172104-9004). The department received your application on March 21, 2013, and deemed the application complete on April 18, 2013. Resubmitted plans were received on June 4, 2013, and July 5, 2013. The City of Federal Way hereby grants preliminary approval of the Celebration Senior Living Apartments BSP: This approval corresponds to the BSP drawing, emailed on September 18, 2013. Pursuant to Federal Way Revised Code (FWRC), Binding Site Plan applications shall be processed in accordance with the provisions of short subdivisions; therefore, this Decision of the Director is based on the enclosed Statement of Facts and Conclusions and in accordance with decision criteria set forth in FWRC 18.30.110(2). RECORDATION After meeting the condition of approval, please submit the following four items to the permit center with the enclosed resubmittal form: (1) one set of signed and notarized mylars; (2) two sets of paper copies of the signed/notarized mylars; (3) King County recording fee payable to City of Federal Way in the amount of $154.001; and (4) one copy of this decision. The department will record the mylars and route the conformed copy to the applicant. APPEAL PROCESS Pursuant to FWRC 18.30.140, any person who receives a copy of this decision may appeal the decision within 14 days of the date of issuance. The decision may be appealed in the form of a letter delivered to the Community and Economic Development Department by 5:00 p.m., October 8, 2013. An appeal letter must contain a clear reference to the matter being appealed, along with a copy of the decision. A statement of the alleged errors in the decision and required appeal fee must be included. ' Recording fee for the four -page BSP is based on $138.00 for the first survey page, $5.00 for three additional pages, and $1.00 for a conformed copy. Mr. Parsaie September 24, 2013 Page 2 SEPA THRESHOLD DETERMINATION Pursuant to the State Environmental Policy Act (RCW Chapter 43.21 C), the proposal is exempt from SEPA review. DURATION OF APPROVAL Binding Site Plan preliminary approval shall expire five years from the date of issuance of this decision. However, the applicant may submit a written request in the form of a letter with supporting documentation to the Community and Economic Development Department requesting an extension pursuant to FWRC 18.05.090. OTHER AGENCY PERMITS The applicant is responsible for identifying and obtaining all required state, federal, or other agency permits, as may be required. REQUESTS FOR CHANGE OF VALUATION Any affected property owners may request a change in valuation for property tax purposes, not withstanding any program of revaluation. CLOSING This decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. This BSP approval does not constitute approval of land clearing or a building permit. If you have any questions regarding this decision, please contact Becky Chapin, Assistant Planner, at 253-835-2641, or rebecca.chapin@cityoffederalway.com. Sincerely, Isaac Conlen Planning Division Manager for Patrick Doherty, Director enc: Exhibit A `Statement of Facts & Conclusions' Invoice for Recording Fee Resubmittal Information Form c: Email to: John Parsaie, john@morgan-design.net Email to: Ali Sadr, asadr@barghausen.com Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer Marty Gillis, Building Official Becky Chapin, Assistant Planner Chris Ingham, South King Fire & Rescue Brian Asbury, Lakehaven Utility District 13-101314 Doc. I.D. 63695 41k CITY OF Federal Allay Exhibit A Statement of Facts & Conclusions Celebration Senior Living Apartments BSP File No.13-101314-00-SU FILE The Planning Division hereby presents the following analysis to the Director of Community and Economic Development pursuant to content requirements of the Binding Site Plan (BSP) written decision as set forth in Federal Way Revised Code (FWRC) 18.20.050. These findings are based on review of existing city documents and BSP sheets 1-4 resubmitted by the applicant and received on July 5, 2013: 1. Proposal — The applicant proposes to subdivide one commercial lot into two commercial lots. The BSP will result in two lots measuring 56,105 square feet (Lot 1) and 73,753 square feet (Lot 2) as shown on Page 3 of the BSP document. 2. Review Process — Pursuant to Federal Way Revised Code (FWRC) Chapter 18.20, `Binding Site Plans', the proposed BSP is subject to administrative review and a decision by the Director of Community and Economic Development. The proposal has been reviewed by the Development Review Committee, which includes staff from the City's Planning and Building Divisions, Public Works Department, Lakehaven Utility District, and South King Fire and Rescue. Comprehensive Plan & Zoning — The subject property is located within a Community Business (BC) zone. The proposed land use for both lots is senior citizen housing, a permitted use in BC zones with no minimum or maximum lot size prescribed in FWRC 19.220.080. 4. State Environmental Policy Act (SEPA) —The proposed BSP is exempt from SEPA pursuant to Washington Administrative Code (WAC) 197-11-800(6)(a). ADA Reasonable Modification — The proposed Celebration Senior Living Apartments is an allowed use in the BC zoning district pursuant to Federal Way Revised Code (FWRC) 19.220.080, Senior citizen — Special needs housing. However, with the proposed BSP new property line, the sky bridge would intrude into the required 5-foot rear setback of Lot 1 and Lot 2 connecting the community building to the west tower. The applicant has submitted a letter, dated March 14, 2013, in which they requested a waiver of the setback requirements as a reasonable modification under the authority of the Americans with Disabilities Act (ADA), Subpart B, Section 35.130(b)(7), which allows a public entity to make reasonable modification to policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability. Celebration Senior Living Apartments is a Senior Housing Assistance Group (SHAG) facility housing seniors age 61 years and older or age 55 years and older with a disability. A significant number of elderly residents will be disabled with limited mobility and the skybridge would provide for a safe and accessible means of travel between the two apartment buildings and the community building. It has been determined by the city that the proposed skybridge, which would intrude completely within the five-foot rear setback of Lot 1 and Lot 2 and connect to the community building to the west tower, will allow for reasonable accommodation in order for the residents of the facility to safely access all common areas. The skybridge is part of the integrated design for the entire project, and since the buildings are in common ownership, there is no conflict with encroaching within the rear setback. Furthermore, the City has determined that the proposed skybridge will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. Based on this decision, it is not necessary to obtain a variance for the proposed intrusion into the 5-foot rear setbacks and the city approves the skybridge location. 6. Ingress/Egress — The site is located at 32723 Pacific Highway South, Federal Way. Vehicular access to Lots 1 and 2 will be via a utility, parking, and access easement located off of South 328`h Street. 7. Stormwater — The applicant has incorporated a stormwater vault into the structure of the East Tower that will provide detention for the entire site. Treatment will be accomplished via filter vaults located on private property and within the public right-of-way. Pervious pavement will be used for the onsite pedestrian plazas and vehicular access area to meet Best Management Practice (BMP) requirements. 8. Street Frontage Improvements — The applicant is required to dedicate 33 feet of right-of-way (ROW) along the entire frontage of South 328th Street and construct concrete curb, gutter, planter strip, sidewalk, and street lights. ROW improvements along 13P Place South consist of 4-foot ROW dedication and construction of planter strips, sidewalk, and street lights. Improvements along SR-99 (Pacific Highway South) have already been constructed; no ROW dedication is required. Frontage and easement construction must be completed prior to the city recording the BSP document. 9. Transportation — The applicant has been issued a Capacity Reserve Certificate (CRC) by the Public Works Department on January 10, 2013, for 75 new PM peak hour trips generated by the project. Prior to building permit issuance, the applicant will be required to pay a traffic impact fee. Per FWRC 19.91, fees will be calculated based on the impact fee schedule in effect at the time a complete building permit application is filed. 10. Building Permit— The applicant will be required to obtain building approval from all applicable departments for development of Lots 1 and 2. Building permits for the east tower (13-101310-MF), west tower (13-101312-MF), and community building (13-101313-MF) are currently being reviewed by city staff. 11. Decisional Criteria —The proposal is consistent with all items listed in FWRC 18.30.110(2), which include the following: (1) FWCP; (2) FWRC Chapter 18.30 `Short Subdivision Plats'; (3) public health, safety, and welfare; (4) design criteria, development standards, Revised Code of Washington (RCW) 58.17, and other applicable ordinances or regulations of the City. Prepared by: Becky Chapin, Assistant Planner Statement of Facts & Conclusions Celebration Senior Living Apartments BSP Date: September 24, 2013 Page 2 File No. 13-101314-00-SU/Doc. I.D. 63694 GORDON THOMAS HONEYWELL,P •z March 14, 2013 Isaac Conlen, Planning Manager Community & Economic Development Planning Division CITY OF FEDERAL WAY 33325 8t" Avenue South Federal Way, WA 98003 RECE rFMENT COMMUNITY DEVELOF'"4. "" RE: Celebration Senior Living Apartments, 6 S 17 32723 Pacific Highway South, Federal Way, Washington Dear Mr. Conlen: MAR IS, 2013 William T. Lynn Direct: (253) 620-6416 E-mail: blynn@gth-law.com We are writing on behalf of Senior Housing Assistance Group (SHAG), a non-profit organization providing affordable senior living communities in the Puget Sound area. We are writing specifically with reference to SHAG's Celebration Senior Living Apartments project at 32723 Pacific Highway South, Federal Way, Washington and the proposed Binding Site Plan (BSP). As we understand it, the City has raised a question concerning the proposed sky bridge connecting the two (2) buildings, each of which are on Separate sett - under the Proposed BSP, and the fact that the sky bridge would not meet app back requirements under the City of Federal Way's Zoning Code. We are requesting a waiver of the set -back requirements as a reasonable modification under the authority of the Americans With Disabilities Act ("ADA"), Subpart B, Section 35.130(b)(7) which reads as follows: "A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity." Reply to: Tacoma Office 1201 Pacific Ave., Suite 2100 (253) 620-6500 Tacoma, WA 98402 (253) 620-6565 (fax) Seattle Office 600 University, Suite 2100 (206) 676-7500 Seattle, WA 98101 (206) 676-7575 (fax) [100062856.docxl Law Offices I www.gth-law.com Gordon Thomas Honeywell LLP March 14, 2013 Page 2 In the Celebration Senior Living Apartments project, SHAG will provide independent living rental housing for seniors age 61 years and older or age 55 years and older with a disability. Based on SHAG's past experience, a significant number of the elderly residents of the Celebration Senior Living Apartments project will be disabled with limited mobility or wheel- chair bound for various medical reasons. The community facilities and common areas in the Celebration Senior Living Apartments project are distributed throughout each of the two (2) buildings as well as in the community building located between the two (2) buildings accessible via the connecting sky bridge. Moreover, the management and leasing offices are located in the community building. The sky bridge thus provides a safe and accessible means of travel between the two (2) buildings and to the community building, allowing r +.. + I �-� + of h r-;,=r,t for res n +� ii+h I' ited mobility. In access o essential element v. t��c^ p VJ for disabled u i..�Id�n iM1— limit light of that, we believe that the proposed modification (allowing the sky bridge within the set -back) is necessary to avoid discrimination on the basis of disability. That brings us to the second part of the test under the ADA, Subpart B, Section 35.130(b)(7) which is whether the public entity (Federal Way) can demonstrate that making the modifications would fundamentally alter the nature of its service, program or activity. The purpose of building set -back requirements, as generally understood, is to assure that there is adequate light and separation between buildings and their nearest neighbors. Here, the incursion into the set -back air space is minimal, just the size of the sky bridge itself. The vast majority of each of the two (2) connected buildings has all of the normal light and separation that it would have under strict enforcement of the set -back rules. In addition, both lots under the proposed BSP and the buildings to be constructed thereon will be under common ownership and, accordingly, would have no objection to the proposed modification. Moreover, the proposed sky bridge is an essential part of the design of the structures in an integrated affordable senior living community project. The location of the sky bridge within the set -back is not an encroachment from a neighboring parcel, but is rather part of an integrated design for the entire project. The lot line established by the proposed BSP is required to establish a legal lot, but for all intents and purposes, the buildings will be used as part of a sineie residential development, actually physically connected to one another. Finally, there is no less intrusive way to accommodate the interest of the property owner and the City of Federal Way. Once the fact that the need for the sky bridge has been established, there must necessarily be an incursion into the set -back area. There is no other way to accomplish the goal of having both a legal lot line and a sky bridge connection. We believe that this letter offers a sufficient justification to allow the sky bridge connection under the proposed BSP and to meet the legal requirements of the Americans With Disabilities Act. If you require further information, or wish to discuss any aspect of this, feel free to contact the undersigned. [100062856.docx] Gordon Thomas Honeywell LLP March 14, 2013 Page 3 Very truly yours, William T. L n WTL:fto cc: Dan Balmelli John Parsaie Bryan Park [100062856.docx] CITY OF A. Federal Way DATE: 6/24/13 _MEMORANDUM Public Works Department TO: Becky Chapin FROM: Ann Dower SUBJECT: CELEBRATION SENIOR LIVING APARTMENTS - (13-101314-00-SU) 32723 PACIFIC HWY S ; Review Comments The Binding Site Plans submitted on June 4, 2013 have been reviewed. Please have the developer address the following comments: 1. Please revised road section C-C on sheet 4 to correctly represent the 4' right-of-way dedication on 13th Place S. 2. Please revise sheet 3 to make the lettering within the street section markers at least 0.10" to meet recording requirements. 3. As noted in the response, easement relinquishments and statutory warranty deed information worksheets will be provided. This should be done as soon as possible to aid in timely completion of the project. M/ �Cy14 A Ij O 2 y _ Cr'ryG ENG1Ct�'4r Ms. Becky Chapin Assistant Planner City of Federal Way Community and Economic Development Department 33325 - 8th Avenue South Federal Way, WA 98003 CIVIL ENGINEERING, LAND PLANNING, SURVEYING May 30, 2013 RESUBMITTED RE: Responses to Binding Site Plan Technical Review Comments Celebration Senior Living Apartments 32723 Pacific Highway South, Federal Way, Washington City of Federal Way File No. 13-101314-00-SU Our Job No. 15878 Dear Ms. Chapin: JUN 0 4 Z013 CITY OF FEDERAL WAY CDs We have revised the plans and technical documents for the above -referenced project in accordance with your comment letter dated May 16, 2013. Enclosed are the following documents for your review and approval: 1. 4 copies of revised Binding Site Plan maps 2. 1 copy Resubmittal Information form 3. 1 copy each legal descriptions and exhibit maps for areas of right-of-way dedication 4. 1 copy of updated title report 5. 1 Copy of lot closures The following outline provides each of your comments in italics, along with a narrative response describing how each comment was addressed: 1. Add City of Federal Way file #13-101314.00-SU. Response: The City of Federal Way file number has been added to all sheets. 2. Under the City of Federal Way Approvals title block on sheet 1, refer to Director of Community and Economic Development. Response: The City of Federal Way Approvals title block has been changed to Director of Community and Economic Development. 3. Please review the vertical datum. City of Federal Way requires KCAS or NGVD-29, not NGVD-39. Response: The vertical datum for this survey is NGVD29 per the vertical datum note on sheet 1. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX BRANCH OFFICES ♦ OLYMPIA, WA ♦ CONCORD, CA 4 TEMECULA. CA www.barghausen,com Ms. Becky Chapin Assistant Planner City of Federal Way Community and Economic Development Department -2- May 30, 2013 4. Identify the features on sheet 2, buildings removed, existing pipe to be removed, etc. Response: The existing features on sheet 2 which are to be removed have been identified. 5. Remove "Proposed Site Plan" or revise to "Subdivision Plan" on bottom of sheet 3. Response: The text has been changed as requested. 6. Revise sheet 3 to only show the footprint of the proposed buildings. not the floor plan as shown. Response: The floor plan has been removed, and only the proposed building footprint is shown. 7. Show proposed street sections. Response: An additional sheet has been added (sheet 4 of 4) to show the proposed street sections. 8. Locate the monument at the intersection of South 328th Street and 13th Place South. Response: The monument has been field located and is graphically depicted on both sheets 2 and 3 with a dimension from the southwest corner of the site. 9. Set all lot corners and notify staff when this is complete. Response: All lot corners have been set for the site. 10. Statutory warranty deeds and excise tax affidavits will be required for all right-of-way dedications. Please provide legal description and exhibit map, in a format recordable at King County, along with the enclosed information worksheet. Staff will use this information to prepare the documents for signature. Response: The legal descriptions and exhibit maps for the proposed right of way dedications are being provided with this resubmittal. 11. Provide a reference to the statutory warranty deeds and a dimension for South 326th Street and 13th Place South where the dedications are called out on sheet 3 of the BSP. Dedication note should read: "x feet deeded to the City of Federal Way for public right-of-way under Recording No. ' Response: References for the right-of-way dedications have been added on sheet 3 as req{ jested. The recording numbers of the dedications will be filled in when they become available. 12. Revise ingress, egress, utility parking, and fire access easement note on sheet 3 to include "for the benefit of Lot 1 & Lot 2." ML Ms. Becky Chapin Assistant Planner City of Federal Way Community and Economic Development Department -3- Response: The easement note has been revised as requested. 13. Traffic pro -rats share will be calculated with the building permit. Response: Noted. 14. The landscape plans should not be included for final recording. Response: Noted. 15. Provide an updated title report. May 30, 2013 Response: A new title report together will all backup documents is being provided with this resubmittal. 16. Provide lot closure calculations for existing and proposed lots. Response: Lot closures are being provided with this resubmittal. We believe that the above responses, together with the enclosed revised plans and technical documents, address all of the comments in your letter dated May 16, 2013. Please review and approve the enclosed at your earliest convenience. If you have questions or need additional information, please do not hesitate to contact me at this office. Thank you. Sincerely, bf4,r N GILLOOtl Brian Gillooly �V' Project Surveyor BGldm 15878c.002.doc enc: As Noted cc: Mr. Bryan Park, Celebration Senior Living Associates Limited Partnership Mr. H. John Parsaie, Morgan Design Group LLC Mr. Dan Balmelli, Barghausen Consulting Engineers, Inc. Mr. Ali Sadr, Barghausen Consulting Engineers, Inc. MORGAN DESIGN GROUP LLC June 3, 201 3 11207 Fremont Ave N Seattle, WA 98133 Tel: 206 375-3397 Fax: 866 847-6420 www.morgan-design.net Becky Chapin, Assistant Planner Planning Division City of Federal Way 33325 8" Avenue South Federal Way, WA 98003 RESUBMITTED JUN 0 4 2013 CITY OF FEDERAL WAY CDS RE: Celebration Senior Living Apartments — 32723 Pacific Highway South, federal Way, WA file # 1 3-1 013 14-00-SU Biding Site Plan Correction Letter dated 05/ 1 G/201 3 Dear Ms. Chapin, We have revised the plans for the above -referenced project in accordance with your comment letter dated May 16, 201 3. Enclosed you will find updated plans and other requested documents along with response letter from our consultant. Please do not hesitate to contact our office should you have any questions or concerns regarding this letter. Sincerely, MORGAN DESIGN GROUP LLC lir rm-"Y�� Jean M. Morgan, AIA President * Principal Architect cc: Client; File Architectural Design • Building Envelope Consulting CIT Ak Federal Way May 16, 2013 Mr. John Parsaie Morgan Design Group LLC 11207 Fremont Avenue North Seattle, WA 98133 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com FILE Re: File #13-101314-00-SU; BINDING SITE PLAN TECHNICAL COMMENTS Celebration Senior Living Apartments BSP; 32723 Pacific Highway South, Federal Way Dear Mr. Parsaie: The following provides the city's technical review comments for the Celebration Senior Living Apartments 2-lot Binding Site Plan (BSP). Please address each of the following review comments. 1. Add City of Federal Way file #13-101314-00-SU. 2. Under the City of Federal Way Approvals title block on sheet 1, refer to Director of Community and Economic Development. 3. Please review the vertical datum. City of Federal Way requires KCAS or NGVD-29, not NGVD-39. 4. Identify the features on sheet 2; buildings removed, existing pipe to be removed, etc. 5. Remove "Proposed Site Plan" or revise to "Subdivision Plan" on bottom of sheet 3. 6. Revise sheet 3 to only show the footprint of the proposed buildings, not the floor plan as shown. 7. Show proposed street sections. 8. Locate the monument at the intersection of South 328"' Street and 13`h Place South. 9. Set all lot corners and notify staff when this is complete. 10. Statutory warranty deeds and excise tax affidavits will be required for all right-of-way dedications. Please provide legal description and exhibit map, in a format recordable at King County, along with the enclosed information worksheet. Staff will use this information to prepare the documents for signature. 11. Provide a reference to the statutory warranty deeds and a dimension for South 328`h Street and 13`h Place South where the dedications are called out on sheet 3 of the BSP. Dedication note should read: "x feet deeded to the City of Federal Way for public right-of-way under Recording No. 12. Revise ingress, egress, utility parking, and fire access easement note on sheet 3 to include "for the benefit of Lot I & Lot 2." 13. Traffic pro-rata share will be calculated with the building permit. 14. The landscape plans should not be included for final recording. 15. Provide an updated title report. 16. Provide lot closure calculations for existing and proposed lots. File ml3-101314-00-SU Doc ID. 63391 Mr. Parsaie May 16, 2013 Page 2 Following submittal of requested information, staff will review the application for conformance with BSP provisions. Upon satisfaction of all BSP requirements, the city will issue preliminary approval of the BSP_ hollowing installation of the required improvements, the BSP will be recorded at King County at the expense of the applicant. Please submit four copies of any revision with the enclosed Resubmittal Information Form. Please be advised that with the -request -bar additional information, the 120-day maximum review time frame is suspended with 28 of the 120 days used. It will be restarted within 14 days of the date of your complete response to this request. If you have any questions or need assistance, please contact me at rebecca.chapin@cityoffederalway.com, or 253-835-2641. Sincerely, kjS� Becky Chap Assistant Planner enc: Resubmittal Information Form Statutory Warranty Deed Worksheet c: Ann Dower, Senior Engineering Plans Reviewer File H13-101314-00-SU Doc. I.D. 63391 Federal' VC-3v NOTICE OF MASTER LAND USE APPLICATION Project Name: Celebration Senior Living Apart- ments BSP Proiect Description: Proposed land division of one existing 3.46-acre commercial zoned lot into two lots. Applicant: John Parsaie, Morgan Design Group, 11207 Fremont Ave_ N., Seattle, WA 98133 Project Location: J2IZJ Pacific Hwy South. Fed- eral Way. 'Fax Parcel ID #172104-9004 Date of Application: March 21, 2013 Date Determined Complete: April 18. 2013 Date of Notice of Application: May 3, 2013 Requested Decision and Other Permits Included with this Application: The applicant requests a binding Site plan decision (File #13-101314-00-Su) issued by the Director of Community and Economic Development pursuant to Federal Way Revised Code (FWRC) Chapter 18.20. Additional permits andlor approvals in con- junction with the binding site plan decision include: Use Process III (File #12-105632•UP), SEPA checklist (File #12-105633-SE), Concurrency (File #12-105634-CN), and Building Permit (File 4,13-101310-MF, 13-101312-MF, and 13-101313-MF). Existing Environmental Documents: SEPA Envi- ronmental Checklist Development Regulations to Be Used for Project Mitigation: FWRC Title 18 'Subdivisions;' Title 19 Zoning and Development Code.' Consistency with Applicable City Plans and Reg- ulalians: The project vJ.1 be reviewed for consis- tency vnth all applicable codes and regulations in- cluding the Federal Way Comprehensive Plan; Fed- eral Way Revised Code; and Public Works Depart- ment Development Standards. Public Comment & Appeals: Any person may sub- mit written comments on the application to the Di- rector of Community and Economic Development by May 1G, 2013- Only persons who submit written documents to the Director, or specifically request a copy of the original decision may appeal the Direc- tor's decision. The viritten appeal containing items listed in FWRC 18.30.140(2) must be delivered to the department within 14 calendar days after issu- ance of the decision. Availability of File and Environmental Docu- ments: The official project file is available for pub- lic review during normal business hours at the Community and Economic Development Depart- ment, 33325 8th Avenue South. 2nd. Floor, Federal Way, WA S8003. Staff Contact: Becky Chapin, Assistant Planner, 253-835-2641 Printed in the Federal Way Mirror May 3, 2013_ FWM2006 31919 Is' Ave S, Suite 101 1 Federal, Way, WA 98003 1 253.925.5565 1 253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true- copy of a legal advertisement placed by City of Federal, Way - Community Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 3rd day of May 2013, and ending on the 3rd day of May 2013, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the SUM of $106.71, which amount has been paid in full, or billed at the legal rate according to RCW 65. 16.020. Subscribed to and sworn before me this 3rd day of June 2013. Notary Public in and for the State of Washington, qj1+ i I 11//f ti. •' DEC V,.C= 2013 ir rr�f�P,T�'�'Y`PV ,'-X Residing at Federal Way CJ U CITY OF - Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.c ilyof f edero l�com DECLARATION OF DISTRIBUTION 1, Stacey Curry . hereby declare, under penalty of perjury of the laws of the State of Washington, that a: Notice of Land Use Application/Action ❑ Notice of Determinaticn of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or ,tposted to or at each of the attached addresses on May, 2nd 2013. Project Name Celebration Senior Livina Apartments BSP File Number(s) # 13-1013 Signature Date Temporary Internet Files\Content.Outlook\HNYUPYAE\Declaration of Distribution with Posting Sites.doc Posting Sites: Federal Way City Hall- 33325 8t" Avenue Federal Way Regional Library- 34200 1st Way South Subject Site- 32723 Pacific Highway S. C:\Users\cdvolunteer\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\HNYU PYAE\Declaration of Distribution with Posting Sites.doc CITY OF Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www_Git offederglwo .cam DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: P Notice of Land Use Application/Action ❑ Notice of Determination of Significame (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretatbn ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pelmit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed Xe-mailed and/or ❑ posted to or at each of the attached addresses on 6\ 2013. Project Name _ t 0 ►� File Number(s) I9—/b/ Signature Date . S'L l K:\CD Adminisirolion Files\Decloralion of Distribution.doc/Last primed 1 /10/2013 1 1.39:00 AM Lclyy of 4 Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Celebration Senior Living Apartments BSP Project Description: Proposed land division of one existing 3.46-acre commercial zoned lot into two lots. Applicant: John Parsaie, Morgan Design Group, 11207 Fremont Ave. N., Seattle, WA 98133 Project Location: 32723 Pacific Hwy South, Federal Way. Tax Parcel ID #172104-9004 Date of Application: March 21, 2013 Date Determined Complete: April 18, 2013 Date of Notice of Application: May 3, 2013 Requested Decision and Other Permits Included with this Application: The applicant requests a b' din site lan decision (File #13-101314-00-SU} 20Th_-W S J i I• =32rr ST _. t>a sate• ,r f, S — r� m g p issued by the Director of Community and Economic Development puisuant to Federal Way Revised Code (FWRC) Chapter 18.20. Additional permits and/or approvals in conjunction with the binding site plan decision include: Use Process III (File #12-105632-UP), SEPA checklist (File #12-105633-SE), Concurrency (File #12-105634-CN), and Building Permit (File #13-101310-MF, 13-101312-MF, and 13- 101313-MF). Existing Environmental Documents: SEPA Environmental Checklist Development Regulations to Be Used for Project Mitigation: FWRC Title 18 `Subdivisions;' Title 19 `Zoning and Development Code.' Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the Federal Way Comprehensive Plan; Federal Way Revised Code; and Public Works Department Development Standards. Public Comment & Appeals: Any person may submit written comments on the application to the Director of Community and Economic Development by May 16, 2013. Only persons who submit written documents to the Director, or specifically request a copy of the original decision may appeal the Director's decision. The written appeal containing items listed in FWRC 18.30.140(2) must be delivered to the department within 14 calendar days after issuance of the decision. Availability of File and Environmental Documents: The official project file is available for public review during normal business hours at the Community and Economic Development Department, 33325 8'h Avenue South, 2"d FIoor, Federal Way, WA 98003. Staff Contact: Becky Chapin, Assistant Planner, 253-835-2641 Printed in the Federal Way Mirror May 3, 2013. Doc. I D. 63387 Tamara Fix From: Mary Lou Goss <mgoss@fedwaymirror.com> Sent: Wednesday, May 01, 2013 10:11 AM To: Tamara Fix Subject: Re: Legal Notice All taken care of.... Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1st Ave S, Ste 101, Federal Way, WA 98003 [Nil: Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Wed, May 1, 2013 at 8:11 AM, Tamara Fix Ciarnara.Fix ci offederalwa .comma wrote: Please publish the attached legal notice (Celebration Snr Living NOA, 13-101314) in Friday's (May 3, 2013) issue. Please confirm and furnish an affidavit of publication. Thanks! Tamara Fix City of Federal Way Tomara.fix@cityoffederalway.com 253-835-2602 "Just think about how happy you'd be if you lost everything and everyone you have right now, and then somehow got everything back again." Kobi Yamada CITYOF Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Celebration Senior Living Apartments BSP Project Description: Proposed land division of one existing 3.46-acre commercial zoned lot into two lots. Applicant: John Parsaie, Morgan Design Group, 11207 Fremont Ave. N., Seattle, WA 98133 Project Location: 32723 Pacific Hwy South, Federal Way. Tax Parcel ID #172104-9004 Date of Application: March 21, 2013 Date Determined Complete: April 18, 2013 Date of Notice of Application: May 3, 2013 Requested Decision and Other Permits Included with this Application: The applicant requests a binding site plan decision (File #13-101314-00-SU) issued by the Director of Community and Economic Development pursuant to Federal Way Revised Code (FWRC) Chapter 18.20. Additional permits and/or approvals in conjunction with the binding site plan decision include: Use Process III (File #12-105632-UP), SEPA checklist (File #12-105633-SE), Concurrency (File #12-105634-CN), and Building Permit (File #13-101310-MF, 13-101312-MF, and 13- 101313-MF). Existing Environmental Documents: SEPA Environmental Checklist Development Regulations to Be Used for Project Mitigation: FWRC Title 18 `Subdivisions;' Title 19 `Zoning and Development Code.' Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the Federal Way Comprehensive Plan; Federal Way Revised Code; and Public Works Department Development Standards. Public Comment & Appeals: Any person may submit written comments on the application to the Director of Community and Economic Development by May 16, 2013. Only persons who submit written documents to the Director, or specifically request a copy of the original decision may appeal the Director's decision. The written appeal containing items listed in FWRC 18.30.140(2) must be delivered to the department within 14 calendar days after issuance of the decision. Availability of File and Environmental Documents: The official project file is available for public review during normal business hours at the Community and Economic Development Department, 33325 8'h Avenue South, 2nd Floor, Federal Way, WA 98003. Staff Contact. Becky Chapin, Assistant Planner, 253-835-2641 Printed in the Federal Way Mirror May 3, 2013. Doc. LD- 63387 CITY OF Federal April 29, 2013 John Parsaie Morgan Design Group LLC 11207 Fremont Avenue North Seattle, WA 98133 Way Fes— . CITY HALL FIL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com RE: File #13-101314-00-SU; LETTER OF COMPLETE APPLICATION Celebration Senior Living Apartments BSP, 32723 Pacific Hwy South, Federal Way Dear Mr. Parsaie: The Department of Community and Economic Development is in receipt of your Binding Site Plan application. The applicant proposes to subdivide one existing 3.46-acre commercial parcel into two commercial parcels of 1.29 acres and 1.69 acres. Pursuant to Federal Way .Revised Code (FWRQ 18.20.030(1)(a), the city is required to notify the applicant to determine whether all information and documentation required for a complete application has been submitted. COMPLETE APPLICATION Please consider this correspondence as a Letter of Complete Application. The application is deemed complete as of April 18, 2013, based on a review of your submittal relative to those requirements as set out in FWRC 18.30.030. The submittal requirements are not intended to determine if an application conforms to the City of Federal Way codes; they are used only to determine if all required materials have been submitted. A technical review of the Binding Site Plan application will now begin. You can expect a technical review letter within two weeks of this correspondence. The Director of Community and Economic Development will issue a decision on the application within 120 days of this letter. Please be advised that any period in which the city requests additional information or correction to plans is not included in the 120-day "review clock". Having met the submittal requirements, a Notice of Application will be published in the Federal Way Mirror and posted on the City's official notice boards on May 3, 2013. CLOSING If you have any questions regarding this letter or your development project, please feel free to contact me at 253-835-2641 or rebecea.chapin@cityoffederalway.com. Sincerely, Becky Chapin Assistant Planner Doc I D 63386 City of 300' Parcel Federal Way Notification area 11/1512012 City or Federal Way 33325 8th Ave S. PA. Box 9718 Federal Way We. 98083 (206) - 835 - 7000 www cityoffederalway.com Center �P 8 00 m x - T s 3Y2ND pL -- - - � I — 5334THPLi - r ' 83zsiH yr- 11 N Q P Ai l s 375TH sT •Ty � Celebration Park Federal Way Community Center - y i 2 I. U Post - 0. Office- j - 19800) - ' LL U 4 pamrH ep 530TH ST- 3 I - I I 5 33= 5T Legend CRY aF King County Tax Parcels RECEIVED a Scale: Way Subject Property N 0 150 300 Feet eagap hicalm 1ahanm t 1 i This maprs ae-un', �um apresan y Notified Properties Th. city arr,d-2:t.!pmdnna--.yasonac —y. CITY OF FEDERAL WAY CDS Q CITY OF FEDERAL WAY DEPARTMENT OF CObWUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: March 27, 2013 TO: Ann Dower, Development Services Rick Perez, Traffic Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROZ4: Becky Chapin FOR DRC MTG. ON: Email Completeness Review and/or comments FILE NUMBER(s): 13-101314-00-SU RELATED FILE NOS.: 12-105632-00-UP PROJECT NAME: Celebration Senior Living Apartments BSP PROJECT ADDRESS: 32723 PACIFIC HWY S ZONING DISTRICT: BC PROJECT DESCRIPTION: Binding site plan to create 2 separate legal lots. LAND USE PERMITS: BSP PROJECT CONTACT: John Parsaie MORGAN DESIGN GROUP LLC 11207 Fremont Ave N Seattle, WA 98133 MATERIALS SUBMITTED: Master Land Use Application Sewer & Water Availability Letter regarding ADA accessibility BSP Drawings Landscape Plan King CourYty Department of Development and Environmental Services Building Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 206-296-6600 TTY 206-296-7217 Web date: 04/26/2007 WATER AVAILABILITY: FLING COUNTY CERTIFICATE OF S-vi WATER AVAILABILITY ✓ ERU_ V P For alternate formats, call 206-296-6600. cVF This certificate provides the Public Health - Seattle & King County Department and the Department of Development and Environmental Services with information necessary to evaluate development proposals, Do not write in this box Number Q Building Permit ❑ Preliminary Plat or PUD ❑ Short Subdivision ❑ Rezone or other: ✓ Applicant's name: h Proposed use: L'fT Location (attach map and legal description if ecessary): e Name RECEIVE® .q1 a. Watei can p y y g (size) water main that is c be provided b service connection only to an existing �> I�f L � U_ N - S ITE _ feet -fern -the -site: OR b. Water service will require an improvement to the water system of: _ ❑ (1) feet of water main to reach the site; and/or r � r}C)p AyPI�AN IS ort 91 (2) The construction of a distribution system on the site; and/or Cf0ACiLF(KC— �1Z"FErnuJ 5 /J 1z) 4� rPr�J J%(3) Other (describe): A P -,/o,- ,,t'tL x-%w5iaU Xeg1 (-,J, Ld I LL -�- UI Q' 12 r/ 2. ©' a. OR The water system is in conformance with a County. approved water comprehensive plan. ❑ b. The water system improvement is not in conformance with a County approved water comprehensive plan and will require a water comprehensive plan amendment. (This may cause a delay in issuance of a permit or approval.) 3. 9 a. The proposed project is within the corporate limits of the district, or has been granted Boundary Review Board approval for extension of service outside the district or city, or is within the County approved service area of a private water purveyor. OR 'rv� �r°rc�i7z�a�goo� ❑ b. Annexation or Boundary Review Board (BRB) approval will be necessary to provide service. 4. ® a. Water is or will be available at the rate of flow and duration indicated below at no less than 20 psi measured at the nearest fire hydrant o 0 _ r - fa�,;,�btt�eHflg/pfper-ty-(or as marked on the attached map): Rate of flow at Peak Demand: ❑ less than 500 gpm (approx. gpm) ❑ 500 to 999 m 1-r 1000 gp gpm or more ❑ flow test of gpm 04 calculation of 2Zf)Q-- gpm Duration: ❑ less than 1 hour ❑ 1 hour to 2 hours Q 2 hours or more Other: 5 C`C &- OR (Note: Commercial building permits which include multifamily structures require flow test or calculalion.) ❑ b. Water system is not capable of providing fire flow. ✓ 5. ® a. Water system has certificates of water rights or water right claims sufficient to provide service. OR ❑ b. Water system des not currently have necessary water rights or wat rigght claims.. Comments/conditions: jt+litt�k.s 5iE4V1C � C❑W N661pn.s PW15k,( CA�!� ( Q U I CCO. I certify that the above water purveyor information is true. This certification shall be valid for one year from date of signature. LAKEHAVEN UTILITY DISTRICT B )LL- Agency name ' Signatory na 1A_ C)�/ Z_ Title Signature 1 */12 Date ✓ ✓ ✓ In Pressure Zone; Elevation of Pro ert Lowest st p y— ld t:.awe I S �� O U, Min. Pressure .. Est. '7r � 5 L1 `% psi Max. The District, at its sole discretion, reserves the right to delay or deny water service based Upon `J capacity limitations in District and Other Purveyor facilities. Water availability form Rev. 05-19-2003 Page 1 of 1 s Page 2 of 2 17210490M 8 8 C Co W 1721049L N $ —r 0 03809o0D20 r 03ao90D030 r �I c I 1116210490431 $ r 16210 i 6 0o S r 03809DM45 IQ T49025 ram. 1r Cy r $ 8 03809DOM + r 6 6 6 1621049D24 v r N IT21049014 1721049004 r r � $ i 1621049D 4 U M K $ $ • Co_ On -site Water' at ' 1 Hydrar tle-172104T77 , 328TH !u 1721049D69 + ++ ao # l 797a800D20 ry v 1721049078 IT21049D6.5 r r ' + I U �~ $ $ ca I a I -T9T880oo0 IT21049102 1721049079 °D 79T880�o060 co + 12 12 1 T21049045 ev 18 $ PARK r I o0 +o I 8 80100 1721049D6a av84172104904 [Tq as 120 Co0 12 Il A0 1T2949D74ram�- 330TH — — — — © 2006: Lakehaven Utility District neither warrants nor guarantees the accuracy or any Tammy rnrurruduun snumr. rdcony locations and conditions are subject to field verification. http://columbia/lion/map.aspx 10/29/2012 Hydraulic Model Fire Flow Estimate Request/Reporting Form Requested By: Dale: Brian Asbury 9/6/12 Location to be Modeled: Parcel 1721049004 Lakehaven /+ Section Gi id: J-09 Intersection: S 328t1' St & 14t" Ave S Add. Description: See attached map Pressure Zone: 538 Resells By: Dale: Model Run No.: John Bowtnlatl 9/12/12 Master Water System Model 2007.net FF #284 Condition Pressure (psi) Flow (gptn) Static 40 0 Fire Flow 20 3100 NOTES: Lakehaven's adopted level of service goals for fire flow rates are 1000 gpin within single family residential areas (including duplexes) and 2500 gpm for multi -fancily, conunercial, industrial areas. Model results depict the theoretical performance of the water system under high demand conditions and are not guaranteed to represent actual system performance. A design professional should be consulted for site specific design purposes. The calculated fire flow capacity in the above table is based on a currently available residual system pressure of 20 psi at the location modeled. The model indicates that Lakehaven's standard maximum allowable velocity of 10 ft/s is exceeded at a fire flow rate above 2200 gpm. Fire flow capacities greater than 2200 gpm may be accommodated through water system improvements. Form Rev. 5/30/08 ............-- ©2006: Lahehaven Ulilily Districl neither warrants norguaranfees Ilia accuracy oFany facility inrorma(lon snown. vacuity iocauons ana conditions are subject to field verirtcalion. littp://colunibia/lion/map.aspl 7/25/2012 Web date: 04/26/2007 o SEWER AVAILABILITY: Y: 1,1A [Cil�gCout>iiy KING COUNTY CERTIFICATE OF Department of Development and Environmental Services SEWER AVAILABILITY ERU >_ Z i Building Services Division �1 (^ 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 For alternate formats, call 206-296-6600. 206-296-6600 TTY 206-296-7217 Li This certificate provides the Public Health - Seattle & King County Department and the Department of N Development and Environmental Services with information necessary to evaluat n osals. v 9 qo Do not write in this box Number Name d ✓ Building Permit ❑ Preliminary Plat or PUD CITY OF FEDERAL WAY ❑ Short Subdivision ❑Rezone or other: CDS u Applicant's name: ✓Proposed use: Location (attach map and legal description ifne essary}: c- C � 5 Pe r�-III19IN 17,;2-10 17( 94)49 � � � . 03 1. ® a. Sewer servicecan be provided by side sewer connection only to an existing � Irlc t1 7JIM size sewer 01 - 5 i Tt= _ feet from the site and the sewer system has the capacity to serve the proposed use. OR ❑ b. Sewer service will require an improvement to the sewer system of: ❑ (1) feet of sewer trunk or lateral to reach the site; and/or ❑ (2) The construction of a collection system on the site; and/or ❑ (3) Other (describe): ,✓ 2. a. The sewer system improvement is in conformance with a County approved sewer comprehensive plan. OR ❑ b. The sewer system improvement will require a sewer comprehensive plan amendment. 3. P/� a. The proposed project is within the corporate limits of the district or has been granted Boundary Review Board approval for extension of service outside the district or city. OR ❑ b. Annexation or Boundary Review Board (BRB) approval will be necessary to provide service. 1/4. Service is subject to the following: a. Connection charge: j b C pr-t_{y Lr\ 1`9 b, Easement(s): ►7 G. Other: SC-,,s ,Z SC;i`�'� c r� Cept� N CC.1�ihV e6Q-, ("T 14-(Q I �--60, Comments: * The District, at its sole discretion, reserves the right to delay or deny server service based upon capacity limitations iu District and Other Purveyor facilities. I certify that the above sewer agency information is true. This certification shall be valid for one year from date of signature. LAKEHAVEN UTILITY DISTRICT ,{ _ 's Agency name _ natory na e F=iV c; + tC,t-) ---_ Title Signature y Date sewer availability form.doc b-cert-sewer.pdf 02-07-2002 Page 1 of 1 Page 2 of 2 © 2006: Lakehaven Utility District neither warrants nor guarantees the accuracy of any facility information shown. Facility locations and conditions are subject to field verification. http://columbia/lion/map.aspx 10/29/2012 41k CITY 40'::tS;� OF Federal Way RECEIVED MASTER LAND DEVELOPMENT D USEAPPL APPLICATION DEPARTMENT MAR 21 2013 33325 81h Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 CITY OF FEDERAL WAY www.citkoffederalway.com CDS APPLICATION NO(s) / 3 m / 01,31q — ,s " 1 Date 0 3 / 21 / 2 013 Project Name Celebration Senior Living Apartments Property Address/Location 32723 Pacific Highway South 1721049004 Parcel Number(s) Project Description The Celebration Senior Living Apartments Project is a residential development comprised of a 378-unit independent rental retirement community with various income levels, to be C YKIN l Type of Permit Required Annexation X Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information BC Zoning Designation BC Comprehensive Plan Designation $ 0 . 0 0 Value of Existing Improvements $ 3 0MIL Value of Proposed Improvements International Building Code (IBC): R-21 S-2, A-3, _LB Occupancy Type Type VA over IA Construction Type Applicant Name: John Parsaie / Morgan Design Group LLC Address: 11207 Fremont Ave N City/State: Seattle, WA Zip: 98133 Phone: 206-375-3397 Fax: 1-866-847-6420 Email: john@morgan-design.net Signatu - Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name:Celebration Senior Living Associates Limited P Address: 201 - 27th Avenue SE, Building A, Suite 300 City/State: Puyallup, WA Zip: 98374 Phone: (253) 231-5001 Fax: Email: bryanp6550@comcast.ne t _ ship Bulletin #003 — January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application 4 H Ci *� Old Republic Title, Ltd. RESUBMITTED PLAT CERTIFICATE JUN 0 4 2013 Order No.: 5207113612 CM OF FEDERAL WAY CDS Unit: c Date: May 20, 2013 at 8:00 a.m. Fee: $ 200.00 Sales Tax: $ 19.00 Total: $ 219.00 FOR INFORMATION AND ASSISTANCE ON THIS ORDER CONTACT: Old Republic Title Commercial Services Christina Hughes, Title Officer chughes@ortc.com Telephone: (425) 776-4305 Fax: (425) 776-3350 19020 33rd Avenue West, Suite 360, Lynnwood Washington 98036 Reference: ATTN: KIMBERLY ANDERSON BARGHAUSEN CONSULTING ENGINEERS 18215 72ND AVENUE SOUTH KENT, WA 98032 Ladies/Gentlemen: In the matter of the plat submitted for your approval, the Company (Old Republic National Title Insurance Company) has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County and from such examination hereby certifies that the title to the following described land, Situate in said King County, to -wit: Vested in: CELEBRATION SENIOR LIVING ASSOCIATES LIMITED PARTNERSHIP Legal Description: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION FOR SPECIAL EXCEPTIONS, SEE ATTACHED: 07113612 Page 1 EXHIBIT "A" Lot(s) 4 of King County Short Plat No. 974009 recorded under Recording No. 7411220280, in King County, Washington, said Short Plat being a subdivision of a portion of the Northeast quarter of Section 17, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT THEREFROM the East 12 feet. SITUATE in the County of King, State of Washington END OF EXHIBIT "A" 07113612 Page 2 SPECIAL EXCEPTIONS: 1. RIGHTS OF PARTIES IN POSSESSION and claims that may be asserted under unrecorded instruments, if any. 2. GENERAL TAXES, PLUS INTEREST AND PENALTY AFTER DELINQUENT; 1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1: Year Amount Billed Amount Paid Parcel No. Levy Code Assessed Valuation Land Improvements 2013 $32,515.13 $16,257.57 172104-9004-09 1205 $1,808,700.00 $0.00 3. Terms and provisions as contained in an instrument, Entitled Notice of Additional Water or Sewer Facility Tap or Connection Charge Recorded May 12, 1989 in Official Records under Recording Number 8905120210 4. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following For Roadway Recorded February 2, 1956 in Official Records under Recording Number 4660593 Affects As constructed and described herein 5. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following For Roadway and utility access Recorded March 22, 1956 in Official Records under Recording Number 4675062 Affects As constructed and described therein 07113612 Page 3 10 Terms and provisions as contained in an instrument, Entitled Short Plat Recorded November 22, 1974 in Official Records under Recording Number 7411220280 An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To Puget Sound Power and Light Company For Electric transmission and/or distribution system Recorded July 9, 1976 in Official Records under Recording Number 7607090484 Affects The South 30 feet of the East 300 feet An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To King County Water District Number 12 For Water mains Recorded February 3, 1977 in Official Records under Recording Number 7702030700 Affects As constructed and described therein Covenants, Conditions and Restrictions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Title 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, as provided in an instrument. Recorded May 26, 1998 in Official Records under Recording Number 9805260348 An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To Lakehaven Utility District For Water facilities Recorded February 19, 1999 in Official Records under Recording Number 9902191364 Affects As constructed and described therein 07113612 Page 4 11. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To Lakehaven Utility District For Sewer facilities Recorded February 19, 1999 in Official Records under Recording Number 9902191371 Affects As constructed and described herein 12. Matters as contained or referred to in an instrument, Entitled Statutory Warranty Deed Recorded November 1, 2004 in Official Records under Recording Number 20041101002033 Which Among Other Things Encroachment of Travel Lodge sign located on the Southeasterly Provides corner of the premises as disclosed by Barghausen Consulting Engineers, Inc. Survey under Job Number 7118, dated March 31, 2000 13. Agreement for Maintain water distribution and sanitary sewer systems Executed By Lakehaven Utility District and Between Celebration Senior Living Associates Limited Partnership On the terms, covenants and conditions contained therein, Recorded April 2, 2013 in Official Records under Recording Number 20130402001595 14. Matters as contained or referred to in an instrument, Entitled Survey Recorded February 1, 1999 in Official Records under Recording Number 9902019008 Possible encroachment of parking area along the South boundary line of the property herein described NOTE 1: The liability of the Company under this Plat Certificate shall be limited to the amount of actual loss sustained by the addressee because of reliance upon the information set forth herein, but in no event shall such liability exceed the fee paid for this Plat Certificate. RMIVdr 07113612 Page 5 When recorded return to: Celebration Scnior Living Associates Limited 201 27`b Ave. S.E. Bldg. A, Suitt: 300 Puyallup, WA 98374 I20121009001662 KING COUNTY IJA JW REPUBLIC ME LTD. Q 0 _Q BARGAIN AND SALE DEED TI IE GRANTORS) First -Citizens Bank and Trust Co. for and in consideration of Ten Dollars and other good and valuable consideration in hand paid, bargains, sells, end conveys to Celebration Senior Living Associates Limited Pmrnership the following described estate, situated in the County of King Washington: Lot(s) 4 of King County Short Plat No. 974009 recorded under Recording No. 7411220290, in King County, Washington, said Short Plat being a subdivision or a portion of the Northeast quarter of Section 17, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT THEREFROM the East 12 rceL SITUATE in the County of King, Slate of Washington Abbreviated Legal: (Requl d Iffull legal not inwted bow.) Tax Parcel Number(s): 172104-9004-09 E2568308 10/09/2012 15:48 KING COUNTY, UA TAX 1B,695.00 SALE $1, 50,000.00 PAGE-001 OF 001 A® *73 OLD REPUBLIC TITLE LTD Va - : ti'S$g , Smte of LPB 15-05(r) rcv. 4R009 Pagel oft Description: King,WA Document - Year.Month.Day.DocID 2012.1009.1662 Page: 1 of 2 Order: 1 Comment: 16 Dated: October 3, 2012 First -Citizens Bank andTrusl By: K.N. Bell. Credit Resolu on Group STATE OF: California COUNTY OF �—:ar � 1 certify that 1 know or have satisfactory evidence that E.N. Bell 0are) the person who appeared before me, and said pems O acknowledged that He signed this instrument, on oath stated that He is authorized to execute the instrument and acknowledge as the SVP1Credit Resolution Group of First -Citizens Bank and Trust Co. to be the free and voluntary rut of such party for the uses apd purposes mentioned in s insrru Doted: Notary A e printed or typed: Notary Public in and for the Suat f Coliromio Residing at My appointment expires: S '"-` 0 L� a 2-l2S' -'K tl o KI tpeot�p "ftw • LPB I5.05(r) rev. 4/2009 SMl am COMO Page 2 of 2 ois Description: King,WA Document - Year.Month.Day.DoclD 2012.1009.1662 Page: 2 of 2 Order: 1 Comment: Notice of Additional Water or Sewer Facility Tap or Connection Charge NOTICE IS EMERY GIVEN that Federal Way Water and Sewer, of King Crunzy, Aashington, intends to levy a tap ar connection Chacge for providing water and/or sanitary surer service to the realty be - law described. Further information regarding the charge is awail- able at the District Office at 31627 First Avenue South, Federal Way, Washington. The realty subject to the tap or connection charge is described as follows: Exhibit "A" This Notice supersedes in its entirety the "Notice of Tap or Connection Chargea Pursuant to RCY 65.08.170" filed with Fing 0 County, Washington under Auditor's File go. 8106010916- V) Q] :his notice ;s given pursuant to R.C_V. 65,05.170. I1hTM this �� day of 19 . BY e� y ter a 'seer Position: �asrlsi �+.z:. ao 5=—_ 55 ss: County of ling ) I certify that I know or have satisfactory evidence that 5 xe W signed this instrument, on oath stated that 14(_ is authorized to execute the instrument and acxnowledged it a5 the E,uE,ri[a of FEDERAL WAY WATER JM S0:ER to be the free and voluntary act of such party for the uses and pur- poses mentioned in the instrument. B TED: l ryry[ �� •1 o ! Jl� PYD% �i rlJDi� art 4-20 Ely appointment expires 7S 4i i Description: King,WA Document - Year.Month.Day.DocID 1989.512.210 Page: 1 of 18 Order: 1 Comment: _._.__-- -• .-. . I FEDEIAL WRY WATER AID SEVE° LEGAL DESCRIPTION EXHIBIT 'A' A11 of Sections 3, 4. 5. 7, 8, 9, 10' 15, 16. 17, 18, 19, 20, 21, 22, 27, 28, 29, 32, 33, and 34, Township Z1 North, Range 4 East, W.M.: TOGETHER with all of Section 13. Township 21 North, Range 3 East, O W.M.. TX[ --; &n 17IT-d portions of Sactions 17, 20, 27, 28, 29, 32, 33, O34. and 35, Township 22 north, Range 4 East, N.M.; ri TOGETHER WITH portions of Sections 2, 6, 11, 14, 23, 26, 30, 3 . in and 35, Totaship 21 North, Range 4 East. W-K.; TOGETHER WITH portions of Sections 2 and 3, Township 20 North, Range 4 East, W.M-; TGG_-]HEEL W Tg portions of sections 1.310, 11,W12, 14, 15, 23, 24, and 25, Township 21 North, on More particularly described as follows: Bagiaoinq at the interseutioonof the !tenon d line ethe cof section ec tionerlineo23, Tovaship 21 'North, Pangs as Grand view Boulevard, also known as 56th Avenue South; Thance southerly along the centerline of Grand view Boulevard to its intersection with Pennsylvania Avenue, also known as South 348th Place; Ihenoe southerly along the oenterline of Pennsylvania Avenue, also kno m as South 348th Place, 57th Avenue South and 56th place south, to its intersection with Grand View Boulevard: Thence southerly along the centerline of Grand view Boulevard, alsn•knowa as 56th Avenue South "A 57th &venue South, to its intsrsaction with the westerly extension Of the north lino of Lot 24, 6ivdcl7arthro1sgbil2f8e1nClusiva,rrecords aE 1tirq CCount E Plata, page Washington; Theuc1 easterly along 3a14 westerly extension and the north line of said Lot 24 tc the northeast corner of said Lot 24; The4ce southerly along the easterly lines of Lots 24 through 34 iacl.usize, of said Block 83, to the south line of Lot 3" 31oct $3. of Jovita Heights; } Description: King,WA Document - Year.Month.Day.DoclD 1989.512.210 Page: 2 of 18 Order: 1 Comment: •- -•--- ---- 2 - Thence westerly along said south line of Lot 34 an3 Fhe westerly exten=ion 2f said south line to its intersection wit-- the centerline OC YL a-Xl :acr .-:..-�----• ---- -- - South.; ;hence southerly along the centerline of Grand view Boulevard to its intersection with the westerly extension of the north line of Lot 6, Block 146, of said Jovita Heights; !hence easterly along said westerly extension and said north line of Lot 6 tc the nor;Saas_ corner of said Lot 6; Thence sout2Ir.rly alo:19 the east line of Lots 6 throk;rnh 20 to the southeast corner of L`t 20 which is also the =st northerly corner of Lc,- 40, Block. 145. JOvit3 Heights; 0 Thence sou-nftsterly along the northwest line of said Lot 40 to Ltit the cost westerly corner of said Lot 40, said corner is on the G northera margin of Ohio Drive• also known as South 364th Place; W4Thence southerly and S�ut_`+westarly along the aosthe:n margin of 0 ORio Drive, also known as south 364th Place, and also being the 0� southeasterly lines of Lots 27 through 36 inclusive, in said 03 alock 146, Javita 9eights. to the southwest line of said Lot 36; Thence southeasterly along the southeasterly extension of the southwest line of said Lot 36 to the centerline of Ohio Drive; Thence southerly along the centerline of Ohio Drive to its intcraaction +eith the southeasterly extension of the northeastern line of rat 39, said northeastern lino being South 39'47'17' East from the mcst northerly corner of Lot 39, Block 146 of srid Jovita Heights; Thence wrth+rerterly along said southeasterly extension to the Western margin of Ohio Drive, also being the southern tera line of said Lot 39; Tbonoe eoutherlr along the said margin of Ohio Drive and the sQKM.L6 stern lira of said Lot 39 to its intersection With the Westerly exteasiaa of the north line of Lot 10, Blnek 145, of said Jowita Heights; - Thrtnca easterly along said westerly extension and the north line of said Lot 10 to the Bost easterly corner of Lot 10; I'heeae southwesterly aloW the south ling of said Lot 10 and its :betywesterlr exterssioe to its i.niersectios With the Western margin of dragon Drive. also WAM as 55th 7iace South; Thence aonthgrgterly aloe said +extern a Kgin also being P=LLoos of the eastmcn liars of Lots 15 and 16, aLock 144 of said 3wita 8eighta, to the cmt easterly corner of said Let 16; I i Description: King,WA Document - Year.Month.Day.DocID 1989.512.210 Page: 3 of 18 Order: 1 Comment: — -. - 3 - :hence northeasterly across Ohio Drive, also known 3s 55ta Place South, to the most northwesterly corner of Lot 1, Block 143, of .xi-1 Javita aeiahtsc Thence northeasterly, s=tYerly ssd sacthw*Steriy alo'�g tre lines of said Lot 1, also beiz; thie sav,;t`e—' ...• ""es`a`a &acy7;ns of Aragon Drive, which is also knora as 56th Place South. ro the most southerly corner of said Lot 1; Thence continuing southerly along the western margin of Oregoa Drive, also being the east line of Lots 2 and 3, Block 143, in said Jorits Heights, to the southern line of said Lot 3; Thence westerly along the south li:,e of said. Lot 3 to its 0 intersection with the easterly line o: ;.at 4, Block 143, Jovita *4 Heights; a) Thence southerly and rw%,esterly alon; the easterly line of CQLots 4 through 13, inclusive_, to the qost northerly corner of L7 Lot 26, Block 143, Jov;.t3 heights; �j T'jaace southeasterly along the northeasterly line of Lots 26 through 3S, inclusive, to the northeast corner of Lot 35, Block 143, Jovita Heights; Thence southwesterly to a point on the northwesterly line of Lot 36, Block 143, Jovits Heights, whim is 250 feet northeasterly of the southwest corner of said Lot 36; Thence southeasterly to a point on the south line of said Lot-36 which is 250 feet easterly of the southwest corner thereof; Thence South 00'13'51- West to the intarsection with the north line of the South 1/2 of the Northwest 1/4 of Section 35, Township 21 North, Range 4 east, ii.M.; Thence easterly along said north line to its intersection with the northerly extension of a line which is 120 feet easterly of and parallel with the west line of Lot E, SlOc* 18, C_ D. Hilakan's Pacific City Bddition to cizy of Seattle, Div:sian Ro- 1, according to the plat thereof unrecorded In Volume 13 of Prats, page 64, records of Ling County, iiashingtoo; Thence southerly along said northerly extern icm and said parallel line to its intersection with the south line of said Lot 8; Thence westerly along said south line to the northeast corner of Lot 5 of said Block 18; Thence southerly along the east line of said Lot 5, a distance OC IN fMw Description: King,WA Document - Year.Month.Day.Doc7D 1989.512.210 Page: 4 of 18 Order: 1 Comment: i f - 4 - T1rriCe southwestarly to the intersection of the east lime of Lot 4 of said Block 18, With a line 1�U ZVCL�- parallel with the souc'1 tine of szid Fat 4; Thence westerly along said parallel line to its intersection with the west line of said Lot 4; Thence southerly along said west line to the southeast corner of Lot 3 of said Block 18; Thence ++estrrly along the south line a- said L7t 3 to its intersection wits the northerly extension of t:e west lint of Lot 11, Block 17, of said C. D. Bilman's I?aciaic City Addition to city of Beattie, Division So- 1; Thence southerly along said northerly extension A-4 the rest line of said Lot 11 to its intersection with a line which is 150 feet southerly of and parallel with the north line of said Lot llel line to its intersection with 1A Thence easterlyalong said Para the west line of Lot 10 of said Block 17; Thence southerly along said west line to the northwest corner of Lot 5 of said Block 17; Thence easte_iy along the north line of said Lot 5 to th■ northeast corner thereof; Thence southerly along the east line of said Lot 5 to the northwest corner of Lot 6 of said Block 17; Thence +asterly along the north line of said Lot 6, a distanw of 240 feet; Thence South e of id Jot 6 which is21erly 15 feetto a easterlytofntheesouthwestncornerathereof` Theace southerly at right argyles to the south line of said lot 6, a distance of 30 feet to the north line of the South 112 of the Southwest 1/4 of said srctioo 25; Thence westerly along said north lire to a point which is 350 feet easterly of the west line of the East 1/2 of the said Southwest 1/4; Thence &motherly to a point on tee north line of the South 112 of South 1/1 of the said Southwest 1/4 which is 450 feat easterly (as an"%Ared alomq said north Line) of the said rest line of the Last 1/2 of the southwest 114; Thence southerly to a point on the south lino of said Section 35 which is 600 feet easterly of the southwest corner of the Yaid East 1/2 of the 5outhwst 1/4; Description: Xing,WA Document - Year.Month.Day.DocID 1989.512.210 Page: 5 of 18 order: 1 Comment: 4 -5- Thence westarly along said south line of said Section 35 which .. �.ti ■ is also the north line of aeC:rOR 'c, =' •--- - - a.,w^.. East, W.M to the intersection with the north margin of Puget Sound ELeetric Railway right-of-way (Puget Sound Power a.d Light Company right-of-way); Thence southwesterly, westerly and northweste=ly along the north margin of the Puget Sound Electric Railway right-of-way (Puget Sound Power and Light Company right--of-way) to the intersection with the north line of Section 3, Township 20 North, Range 4 East, W-A.. which is also the south line of Section 34, Twr.ship 21 `forth, Range 4 East, W.H.; 0 Thence westerly along the south line of said Section 34 and continuing westerly along the south line of Section 33 and G Section 32 to the southwest corner of Section 32, Township 21 C1 North, Range 4 fast, a.K.; T4 to Thence northerly along the west line of said Section 32 to the p intersection with the southwestern boundary line of King County; W iD Thence northwesterly along said southwestern boundary of zing County through Section 31 and Section 30, Township 21 North. R.aa;=e 4 East, W.1l., to its intersection with the west line of said Section 30, said vest line also being the east line of section 25, Township 21 North, Range 3 East, H•H.; Thence continuing northwesterly along the southwestern boundary of Ling County through Sections 25, 24, 23 and 14: Township 21 North, Range 3 East. W.M., to iLs intersection with the west line of :said Section 14, also being the east line of Suction 15, Township 21 North, Range 3 Eazt, R.H.; Thence continuing northwesterly along the southwestern boundary of ring County to its intersection with the west line of Government Lot 2 in said Section 15; Thence northerly along said west line of Government Lot 2 in said Section 15 to the northwest corner of said Goverment Lot 2; Thence easterly along the north Line of said Goverment Lot 2 of Section 15 to its intersection with the east line of said Section 15, said east line also being the west line of Section 14, Township 21 North, Range 3 East, W.H.; Thence Continuing easterly along the north line of the Southwest 1/4 of the worthwest 1/4 of said Section 14 to the northwest corner of said Southwest 1/4 of the northwest 1/4 of Sactian 14, said point also being the southwest corner of the Northeast 1/4 of the No[tbweat 1/4 of said section 14; Description: King,WA Document - Year.Month.Day.DoclD 1989.512.210 Page: 6 of 18 Order: 1 Comment: - 6 - Thence northerly along the west line of ssid Northeast 1/4 of the Nor -,hest. 1/4 of Section 14 to the northwest corner of said Hortheaxt 1/4 of the Northwest 1/4 of Section 14, said point also being the southeast corner of the Southwest 1/4 of the S"rhvest 1/4 of Section 11, Yownxhip 21 North, Range 3 East, W.n., Thence „esterly along the south line of said Section 11 to the southwest corner of said Section 11, said Point also being the southeast corner of Section 10, Township 21 North, Range 3 East, w.M., Thence conti=ing westerly aioag the south line of said Section 10, a distance of 554.34 feet; *� Thence northerly parallel to the east line of said Section 10 to the southerly margin of Ingram Drive, also kno+n as Southwest N315th Place, as it existed SFptember 1, 1981, 30'feet in width; Wd TkeACs northeasterly alorq said souther= margin of ingrain Drive p to a point of intersection with the east line of said section 03 10, also heia7 the wes: line of Saction 11, Township 21 North, Range 3 East, N.M.; Thence southerly along the west iiae of said 5ectios 11 to the northwest corner of the Southwest 1/4 of the Southwest 114 of said Section 11, said point also being the southwest corner of the Hart-h-est 1/4 of the Scxsthwest 1/4 of said Section 11; Thence easterly along the south line of said Northwest 1/4 of the Southwest 1/4 of Section 11 to the west 11". of the East 1/2 ,of said lgorthrest 1/4 of the Southwest 1/4 of said Section 11; Theca aortLrarly along said west line of the Past 1/2 of the Sorthwest 2/4 of the southwest 1/4 of said Section 11 to its intarsaetim with the centerline of Puget Sound Marine Fier Drive, also known as Southwest Dash Point Road; Thence "sterly amd southeasterly along the centerline of Puget Sound t'ari.na Vier Drive iSouth++est Dash paint xoadf to its intersection with a line which lies 50 feet east of and parallel to the .west lisle of the southeast 1/4 of the scatbv6st 1/4 of said Section 11; Thepoe northerly along said line 40 feet east of and parallel to the west line of the '*aid Northeast 1/4 of the Southwest 1/4 to the East canterline of said Section 11; Tb.mcs easterly -1aag the east -vest centerline of Section 11 to a point 596.65 feet west of the southeast corner of the S+CtImp*st 1/4 of said Section 11; Description: k-ing,WA Document - Year.Month.Day.DocID 1989.512.210 Page: 7 of 18 Order. 1 Coz�:ueDt: —�. - 7 - Thence northerly along the west line of the east 596.65 feet of -hid Uorthwext lla of said Section 11 t; is intersection with the south line of Pumas .Heights, according to the plat thereot recorded in Tc:sae E3 of Plats. ?age 17, Re---3r.4s of K!N. County, Washington; Hence easterly along said south line of Dumas Heights to its intersection with the east line of said Northwest 1/4 of said Section 11.- Thence south along said east line of the Northwest 1/4 of said Section 11 to the southeast corner of said Northwest 1/4 of Section 11, said point also being the southwest c.,rner of the Northeast 1/4 of said Section 11; Thence easterly along the south line of tae Northeast 1/4 of said Section 11 to its intersection with the west line of Gorernment Lot 1 of said Section 11; O Thence northerly along said west lane to its intersection with it the soutt line of Lot 16, Srhade Palisade 3cach _st3te, D according to the plat thereof; as rec'J&: i in the Volume 6a of Plats, pages 51 and 52. Records of Xing County, Washington; ce ,3 Thence westerly along said south line of said Lot 16 and the Li swth lines of L.,)ts 15, 14, and 13, to the most westerly line of a.- said Plat of Scha^.e Palisade Beach Estate; UD Thence northerly along said west line of said Plat of Sehade Palisade Beach state to the line of high tide of Puget Sound; Thence northeasterly along said high tide line to its intersection with the north line cf Section 12, Township 21 Sorth, 1Rnge 3 Fast, Thence easterly along the north line of said Section 12, also being the south line of Section 1, Townshhip 21 North, Range 3 E..st, W-R., to the Worth -south centerline of said Section 1; Thence northerly along the North -South centerline of Section 1, Township 21 North, Range 3 East, W.R-. to the Government Meander Line, also the northwest corner of Covernaent Lot 2 in said section 1; Thence easterly along the Gava:gsant Meander Line, also being tar aortL line of Gowerxamat Lot 2 and Go►ernmevt Lot 1 in said Section 1. to :he rmander Corner on the east line of said Section 1, also being tbw vast line of Section 6. Township 21 North, tango 4 East, Y.N.; Tbmoce ooctberly along eha vast line of said Section 6 to the line of Extrra Low Tide of Puget Sound; Description: King,WA Document - Year.Month.Day.DoclD 1989.512.210 Page: 8 of 18 Order: 1 Comment: - a - Thence easterly and nort aa:t_rly a:o:kg said line of eitrere low tide of Puget Sound to its interse_ti= M_ta toe east line of said Section 6; Thence southerly along said east line of said Section 6 to its intersection wi-i the Government Meander Line, said point alsc being the intersectior, of the Government Meander Line and the vest line of Government Lot 4 in Section 5, Township 21 North, Range 4 Fast. ;P-R.; Thence northeasterly along said Gove--.=ent Meander Line to its intersection with tiie north line of Gove=-anent Lot 4 in said Section 5, also being the south l:ae of Government Lot 5 of Section 32, Township 22 Borth, Range 4 East, W-H.; Thence northeasterly and northerly along said Gover-rer^t Meander Line to its intersection wi=% tie 3rrtlx line of Sectior. 32, e{ Township 22 North, ?.rngc 4 East, L'.A., said line also being the ai south line of Section 29r Township 22 Portbr Ran:2* 4 East, W.K.; O H Thence continuing northerly along said Government Meander Line to is intersection vitb the East —hest centerline of said Section O 29; Thence westerly to the westerly line of the Second Class Tidelands of Puget Sound, Thence northerly along said westerly line c# the Second Class Tidelands of Puget Sound to its intersaetion with the westerly extension of a line 483 feet north of and parallel with the south line of Goveronent Lot 2 in said Section 29; Thence easterly along said westerly erteasioa of said line Mich is Ago feat north of and parallel with the south line of Govera,ent Sot 2 io Section 29 tc, its intersection with the shoreline of Puget Sound; Thence generally northerly along said shoreline fronting clovernt 1 " 2 and 1, Section 29, Towaship 22 North. >bage 4 East, N.R- , Government Lots 1 through 4, Section 20, Township 22 North, Range 4 East, Y.M., and Govaraee nt Lots 4, 3 and 2. Section 17, Township 22 North, Range 4 East. 9_9., to is intersectiona with the south line of the north 439 feet at said Gowerneeat Lot 2. Sectioa 17; Thence easterly along said loath line to its intersection with the centerline of Marine view Drive; Thence southerly along said centerline to the eentarlise of South :?Lth Street; Description: King,WA Document - Year.Month.Day.Doc1D 1989.512.210 Page: 9 of 18 j Order: 1 Comment: — - 9 - Thence easterly along said centerline to its intersection with the west line of the west 200 feet of Tract 50, Des tfoines 2-Acre Tracts,_accarding to the plat thereof re arded is valse 10, page 67, records of King County, Washington, extandeC northerly; Thence southerly along said northerly extension and said west line to the south line thereof. - Thence easterly along said south line to the east line thereof; Thence northerly along said east line and said east line extended northerly to its intersection with the centerline of South 230th Street; Thence easterly along said centerline to its intersection with the centerline of loth Avenue South (Hay View Avenue:; Thence southerly along said centerline to the south line of said Des Moines 2-Acre Tracts; O (Q Thence westerly along said south line to its intersection with W4 the east line of the north 497-75 feet of the VW 1/4 of the SH 1!2 1/4 of the -SE 1/4 of Section 17, Township 22 North, Range 4 cayt, `i.M.; Cn 0E) Thence southerly along said east line to the south line thereof; Thence westerly along said south line to its intersection with the centerline of Marine View Drive South; Thence southerly and southeas=erly along said centerline to its intersection with the westerly extension of the northerly margin of South 240th Stint; Thence easterly along said westerly extension and said northerly margin to its intersection with the west line of the east 400 feet of the SE 1/4 of the SE 1/4 of Section 17; Thence southerly along said vast line to the south line thereat; Thence easterly along said south line to its intersection with �ha northerly extensions of the north -south centerline of Block i, Des Moines Waterfront Addition, accordiN to the plat thereof recorded in Voluon 4, page 96t Records of JUN County, Washington; Thence southerly along said noctbarly extension and said i contarlina to its intarxactioa with for earth line of College i Place, according to the plat thereof recorded in Volwrs 70, page ' 62, accords of King County, xashingtna; i Thence easterly along said north line to the east line thereof; I I Description: Xing,WA Document - Year.Month.Day.DoclD•1989.512.210 Page: 10 of 18 Order: 1 Comment: 4 - 10 - Thence southerly along said east line and said line extended southerly to the centerline of South 242nd Street; 4 ucu�c .co�cc iy div:ry Sol' ...i..:i�-c the northerly extension of the east line oE�8lock�<0 of said y Plat of Des Moines T:aterfront Addition; ::ence southerly along said northerly extension, said east line and said line extended southerly to its intersection with the centerline of South 244th Street; Thence westerly along said centerline to its intersection with the centerline of llth Avenue South (Packwood Street) as platted in First Railroad Addition to Des :loines according to the plat thereof recorded in volume 4, page 90, Records of King County, Washington; Thence southerly along said centerline to its intersection with the centerline of South 249th Street as platted in said plat; Thence westerly along said centerline to its intersection with the centerline of loth Avenue South; 0 Thence southerly along said centerline to its intersection with ORthe north line of the S"p 1/4 of the SE 1/4 of Section 20, e4 Township 22 North, Range 4 East, W.tl.; GThence easterly along said north line to the east line thereof; CD m Thence southerly along said east line and the east line of W 1/2 of the EE 1/4 of Section 29, Township 22 North, Range 4 Wit, Y.M., to its intersection with the centerline of South 264th Street: Thence easterly along said centerline to its iotersfctloa with the northwesterly extension of the west line of Lot l of the Plat of %ocdaont Park, 0ivision No. 1, as recorded in volume 25 of Plats, page 48, records of King County, Washington; TSenae southeasterly along said northwesterly extension to the northwest corner of Lot 1; ['hence southwesterly and southerly along the west line of Lots 1, 2. 3, 4, 5, and 6 of said Vbodaont Park, Division so. '_ and the southerly extension of the .rest line of said Lot 6 to its intersection with the centerline of South 268th Street; Thrace easterly along said centerline to its intetsrctiod with tlrw 0srtlrwr1r exterewioa of the eortbrsauth eenterlioa of Block ]1), woad>d nt Beach, according to the plat retarded in 9oluymi 22, page 30, Awcorda of King County, Washington; Thescw sostbarly slang said northerly extension said numb-s th caatarliae. said Centerline extended southerly, north-enuth oesterlies of flock 47 of said plat to its intersection with the earth line of Lot 15 of said Block 47; Description: King,WA Document - Year.Month.Day.Doc2D 1989.512.210 Page: 11 of 18 Order: 1 Comment: 4 - — - t Thence easterly alone, said north 1-ne along said line extended easr�.-rly to the centerline of 16th Avenue South; Thence southerly along said centerline to its intersection with the centerline of South 2i2nd Street; Thence easterly along said centerline to its intersection with the centerline of Pacific Highway South; Thence southwesterly along said centerline to its intersection with the north line of the S 1/2 of the NW 1/4 of the HW /4 of Section 33, Towrshi2 22 North, Range 4 East, w-M- ; Thence e.u:rrly along said nu,ty line and the north line of the S 1/2 of tiic W 1/2 of the W 112 of the NE 1/4 of the Hsi 1/4 of said Se ,ian 33 to the east ;i.ie thereof; Thence southerly along said east line to the north line of the HE 1/4 of the Hsi 1/4 of the SE 1/4 of the NW 1/4 of said Section D 33; rl Thence easterly along said north line to the northeast corner L7 thereof; D M Thence S 26*28120' E, 291.22' to the most westerly corner of Lot 9D 11%, Qnr--.mrd*d Plat of Iedondo Heights (most northwesterly corner of Scarborough Division Ho. 2 according to Plat recorded in vole 132, pages 47 and 43, Records of King County, A.as h iog ton ); Mumce Sorth 52.16120' East along the northwest line of said Lot 10 (northwesterly lime of Scarborough ➢ivisior. No. 2) and its northeasterly extension 1,13B.30 feet to its intersection with the centerline of South Star Lake Road, also known .a Iing County Road no- 1%97 Themee north astarly along the centerline of Smyth Star Lake Road to its LatarWtion with a line extended southwesterly at right angles to the oortheastera racgin of South Star Lake Road from the most westerly corner of Lot 2 in said Unrecorded Flat; Thence North 53.29'55' East, as measured at right angles to the aarthmasurlr margin of Star Lake Road, a distance of 30.00 feet to said oortheasterly margin and said east westerly corner of Lot 2; Thsmoe Sox -Lb 4L'57'14' Cast, a distance of 743.27 feet along the northwest line of said Lot 2; t I Description: King,WA Document - Year.Month.Day.DoclD 1989.512.210 Page: 12 of 18 Order: 1 Comment: A --•- . - - _ - - . - • . - . _.-- -. -- -_ _ _ - 12 - Thence North 87.36'30' West, a distance of 286.48 feet; Thence Morth 48157,14" Fast. a dist3lJe of 442.29 feet to the sough xa_yin of South 272ad Street; Thence South 97'36'30' East along said south margin -a distance of 327.80 feet to the west margin of Interstate Highway No. 5; Thence northerly along said west margin 50 feet more or less to its intersection with the north lice of said Secti.cn 33 rhich is also the south line of Section 29, Township 22 North, Range 4 East. Y.M.. Thence South 27'36'30' East slang said south line a distance of 375 feet more or less to the northerly extension of the eastern marrain of Interstate Highway Fo. 5; Thence southerly al-)ng the northerly extension of said eastern margin a distance of 50 feet more or less to the southerly line of said easterr. margin; C Thence easterly, northerly, w0at.erly and nrtherly along the east margin of said primary State Highway no. 1 also known as Interstate Highway eo. 5, to the north line of the South V2 of the Southeast 1/4 of said Section. 28; p Tnance easterly along said north line to the east line of sa#4 �1 Section 28 which is also the west line of Section 27. Township 22 North, Raga 4 East, W.II-; Thence continuing easterly along the north line of the South 1/2 of the Southmes t'1/4 of said Section 27 to the north-zowth eentarline of said Section 27; Thence southerly along said North -South ca nterline to the south line of said Section 27 and the 1/4 corner n to said Section 27 and Section 34. Township 22 worth, Range 4 Fast. U.N. ; Thence aasteriy along the north line of said Section-34 to its intermaertion with the north margin of South 272nd Street; Tb*Ace easterly &Long said north margin to the east lies of the Mortbw4"t 1/4 of the Northeast 1/4 of said Section 34; Tbeaoe southerly along said east line to the south line of said Northwest 1/4 of the sortbeast 1/4; Td=enoe westerly &Loog; said south line to the Sorth-South c+nterUov of said Seetioe 34; Description: King,WA Document - rear.Month.Day.DocID 1989.512.210 Page: 13 of 18 Order: 1 Comment: L —A =-.-_—_. ---... ....— .._._._...._. - 13 T!=c-e sTtthe-ly jj,.M srii Uorrh-South .wnrwriiae to the north line of the southwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of said Section 34; Thence easterly along said north line to the west line of the East 1/2 of the Northwest 1/4 of the Southeast 1/: of said Section 34; Thence northerly along said west line to the Eas, west centerline of said Section 34; Thence easterly along said East --nest centerline to east line of sal.; Section 34 which is also --he west line of Section 35, Township 22 North, Ra:4e 4 East. U-M.; Thence southerly along the west line of saiG Section 35 to the south line of the North 1/2 of the North 2/2 of the ikst 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 35; Thence easterly along said south line to the was,, line of the N Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Q Section 35; - Thencu southerly along said west line to the north line of the South I/2 of the Southwest 1/4 of the Southwest 1/4 of said Q Section 35; ?J Thence easterly along said .north line to the east line of the west 150 feet of the Southeast 1/4 of tile Southwest 1/4 of said Section 35; Thence southerly along said east line to the north line of the south 300 feet of the Southwest 1/4 of the Southeast 1/4 of said Section 35; Thence easterly and parallel with the south ii:a o; said Section 35 to the east, line of Southwest 1/4 of the So tLSmest 1/4 of said secttoa 35; 2'heace continuing easterly on a lice exteaded a distance of 170 feet to a point lying 300 feet north of the scti th line of said Section 35; Thar southerly and parallel with the west line of said Section 35 to the north line of section 2. Township 21 north, Range 4 East, W.M.; Thence continuing southerly parallel with centerline of Seth Avenue South a distance of 300 feet; Thence easterly and parallel with north line of said Sectios 2, a distu=v of 90 feet; t i Description: King,WA Document - Year. Month. Day.DoclD 1989.512.210 Page: 14 of 18 Order: 1 Comment: _ e 14 Thence southerly and parallel with centerline of 56th Avenue ) soutn, a distance of 15U.10e reet; I Thence easterly and parallel with north line of said section 2 11111 to the west line of the Northeast 1/4 of said Section 2; Ihence northerly along said vest line to a point lying 351.12 feet south of north line of said Section 2; Thei:ce east along a line 351.12 feet south of and parallel to the north line of said Section 2 to a point 1,108.8 feet west of the east line of said Section 2; Thence south along a line 1,108.8 feet west of and parallel to the east line of said Section. 2 to the intersection of a line 1,236 feet north of and parallel to the south lire of the Northeast 1/4 of said Section 2; Thence easterly parallel to the south line of said Northeast 1/4 to a point 778 feet west of the east line of Northeast 1/4 of said Section 2; O Thence southerly parallel to the east line of said Northeast 114 to the intersection with the northern margin of Meredith Road 0 (65th Avenue South); Thence easterly along the north margin of Meredith Road (65th 119 Avenue South) and the easterly extension of said north margin to the east line of the Northeast 1/4 of said Section 2; 90 Thence southerly along said east line to a point lying 1,036.20 feet north of the southeast corner of the Northeast 1/4 of said Section 2; Thence westerly parallel to the south line of said northeast 1/4 a distance of 1,141.80 feet; Thence southerly along a line parallel to the east line of said Northeast 1/4 to its intersecti^n with the north line of the south 835.56 feet of the Southeast 1/4 of the Northeast 1/4 of said Section 2; Thence easterly along said north line to its inter -section with the east line of said Section 2; Thence southerly along said cast line to the northeast corner of the Southeast 1/4 of said Section 2; Thence continuing southerly along the east line of said Swtheamt 1/4 to its intersection with the north line of the South 1/2 of the southeast 1/4 of th■ northeast 1/4 of the Southeast 1/4 of said Section 2; Description: King,WA Document - Year.Month.Day.DoclD 1989.512.210 Page: 15 of 18 order: 1 Comment:. __'' - — — __--_,_, _....__..._ -- - 15 - Thence westerly a2ona said north line to its intersection with the east line of the west 130 feet of the said south 1/2 of the South-ast 1/4 of the Northeast 1!4 0£ the Southeast 1/4; Thence southerly along said east line to its intersection with the north line of the Southeast 1/4 of the Southeast 1/4 of said Section 2; Thence westerly along said north line to its intersection with the east line of the Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4 of said Section 2; Thence southerly along said east line to its intersection with tee south line of the said Northwest 1/4 of the Southeast 1/4 of the Southeast 1/4; Thence westerly along said south line to its intersection with the east line of the west 1/2 of the Southeast 1/4 of said f Section 2; Thence southerly along said east line to its intersection with the south line of said Section 2, which is also the north line of Section 11, Township 21 North, kange 4 East, U.N.; C v.4 Thence continuing southerly along the east line of the Northwest CQ 1/4 of the Northeast 1/4 or said Section, 11 to the south line 0 thereof; 7 Thence westerly along the south line of the Northwest 1/4 of the O Northeast 1/4 of said Section 11 to the North -South centerline of i said Section 11; 'thence continuing westerly along the north line of the Southeast � 1/4 of the Northwest 1/4 of said Section 11 to the west lire thereof; 'thence southerly along the west line of said Southeast 1/4 of the Northwest 1/4 to the East -Hest centerline of said Section 11s Thence easterly along said East-9:est centerline to the east lire of the sortlr est 1/4 of the Southeast 1/4 of said Section 11; Thence southerly along the east line of said Northwest 1/4 of the Southeast 1/4 to the south line thereof. Thence continuing southerly along the east line of the southwst 1/4 of Southeast 1/4 0£ said Section 11 to the south 11na of said S4ctioa 11. also oeing the north line of Section 14, Township 21 forth, Is%* 4 Last, W.M.; E I Description: King,WA Document - Year.Month.Day.DocID 1989.5I2.210 Page: 16 of 18 Order: 1 Comment: __ - . _ .- - lc - :hence eontia.:Wag sxtherl1- along the east line of Northwest 1/4 of yartheast 1/4 of said Section 14 to the southeast corner thereof; Thence westerly along the north line of the Southwest 1/4 of the Northeast 1/4 of said Section 14. a distance of 39.1 feet to the northwest corner of Lot 1, Plat of Hi -Crest as recorded in Volume 59 of Plats, page 32, record-- of King County, Washington; Thence southwesterly along the westerly line of said Plat and Plat of Hi -Crest No. Z as retarded in Volume 64 of Plats, page 53, records of xiag County, Washington, to the southwest corner of Lot 9 of said Lai -Crest go. 2; Thence easterly along the southerly line of said Lot 9 and the easterly projection thereof 210.0 feet; Thence South 12.55115' West to the centerline of At. View Drive; G Thence southerly and westerly along the centerline of mt. view e9 Drive to the west line of Southeast 114 of Section 14, Township C 21 North, Range 4 East, W.K., also being the east line of the Southwest 1/4 said Section 14; Thence southerly along said west line 264.69 feet; r Thence westerly along the easterly eztenaion of the south line of Tract 73 and the southerly lines of Tracts 13 and 14 of West Auburn Five ;.z a Tracts as recorded in Volume 15 of Plats, page 12, records of King County, Washington, to the east line of the west 1/2 of the Southeast 1/4 of the Southwest 1/4 of said Section 14; 1 Thence southerly along the east line of said hest 1/2 of the Southeast 1/4 of the Southwest 1/4 to the south line of and Section 14, also being the north line of Section 23, Townanip 21 1 North, flange 4 East, W.N.; li( 'rS Thane westerly along the north line of said Section 23 to its 7's ietersectioa with the centerline of Grand View Boulevard, also { known as 56th Avenue South, to the POINT of BEGINNING. i z c - c l Description: King,WA Document - Year.Month.Day.DoclD 1989.512.210 Page: 17 of 18 Order: 1 Comment: r AW E . - . - :;.: , _ • _ t d �-. �y�"� r'':'�.6• ,�,T•��. �• .:9:^ C4. r:� r_-----ia �7f?a� 'j - f!� IV ,s �. 1; 1s.r-;t PLti�C CC3MP�(7C. l?iC,Ff'�N1L'ii'iPHl.�i' i FC., "gVIZO:eL@&iT AV il[rihhT:9flsii�' CGuPG T. F1I'+;s ; �i;;... :s f® d ILFCI?� A. Guy." ' W, si Ye � '�i7NAi73 8, aae"•. � SF 5. +3.� F^ m� i,Y. p y ' bii3•. 1 ii 0.S`i SO-E i and ills .vrife,-;'.FaLiIi �lk��'3-ft`�`�i. g,d•. d�:"f,=�` Iiie' --• TLU27100 and xiiG��Z7 i44' PG]:irlaAW of or �a grin Fin iiiteVe�st In roll.: e.it�te. si ated _.. 3_Jetio`I 7.7, `''o:n1::3hip'21 riortin, IM, 4r �.'sl. ev piug•County; n ooil, %:'?r each de3i2'; 1 .to croete for the use "end, `beziefit. ? tie _Jresent and utnre property ovrner.s of said Section. tcb7.e rcivision =or'roadvr:xy and utility access to- Find from -c eitie:: in B-aid 6ection 17, for and in the conoileration _.; �JC!r`• c.T�' i anti c1Lf j-cient conciderc*_tior_, =nd ,oi Iie='ej.n con-t Z'-nee, do each = E t iLTlto e2Ct[ _ 1• ::,r!ii l �!,0 1_L o2 t,IC•L'�.:IITi NI_[i=Ut-arc cii-ner3 of :any . _ _ 1 _:Ct1el: !rrall iJ�.i'. �,l fiorth, 4, forir, tr �.ar_-c•e=es ire in"re�� anc Ogres., and for _ nor ovier, water, sewer, telephone, eaz or o'i"l iolJ_o; ;n - c.e'Scribed Tracto of - :. 17hind Co'ant:f: nar--=r+=.•_o_:, ;:�+-•nit: - _t o_: the iTE 1/4 Ia:"S Pacific "i'Eirrra.y '.,.� F,l..__f_•Iit i3O �r)n�'_e'v1J.1F' .iCiLliIi1Stration; . �. `_ +E- _:UI't1E �U 'ft oi• t%te '.P- 1/4, U-i"' J Pccific J:�i�hwa.y eaLaMent to onnevi1J. 1ids�7113tr8.t7 0I1; 3, ;the ;south 30 ft of -the 14-E 1/4 of trio i.E 1/4 of the :as I/4 Pacific ?i ivro.y; 7. N 4. Trig North 30 ft of the E 630 ft of the SE' 1/4.of the- `! f I�1 1/4 of theSE 1/4, ILESS Pacific Hivhwayi 5, The S1': 1/¢ of the NE' 1/4 of - the.,SE 1/4, &S the 650 ft ti:e-reof; . - - - _ �: .ssx i:ti >•..[r 1. '�Yt - . - _ �� .�:,.,c:•':�_.:`�:;'-. .fir i n The': VI 60 ft 3f the '.Er360. £t>6f.tlao:11 3P- 1/4 of he IM 1/4 of"thQ_:S 1,/4, •L='th.e �:30 ft; wkiarsof; .. 7, 'iht . N -36 fit. of tl2e Ii V 2 of the _ 5"d' i/4_'a£ the i t 1/4 01Zhe SE. 1/"4 LESS -.the S .30 ft .thereof; $. Tme" b-30 ft. of th(, Id V2 of the- SW,1/4. af':the NE 1/4 of th �E 1/4; a. fhe' Ff 30' ft. of 'Cho S 1/2 Of the Sri 1/4 of the NE I/4 10. The S 30 ,ft of the E 30 ft of the IM 1/4 of the r the � 1/4; • sip; 1,'� o„ �_, 11. ;'he E; 30 . f t of tho S`4 1�`4 of the 1fI 1/4; ,121E lf;e i 30 ft of the SE 1/4 of the iyL 1/4. 1, '�']•?'r! ],l; ..;!_._ C).'1'DtiOYl IiO. 1 Ebo e; IU ft of descrl p�ion I'o. 2 atove-; s _L•f'. _� l(j ft C aescri]it-On -;0. 3 -bova; ^c- 1T. rr'� �f:F CE3CZ7_ tiOIl :,o. 4- above; _ _.._ U lw ui t! �Crr..tlUn i•O. 5 UbUVG; ofGv'� j �� '•(; - oil L,o. C:r.:-c _`.1'.il'i iiU. acDooej . 15i1. _.�_�' .1 .- ... �'� -ll; _t O� (fir;; n` :•I�._t;r. .10. lc — ,s., _,..p=• rir:L:CriL: ,c Lon 'To. 11 .%l)DVC-j rG _F:.:c_i_JtJ. :DOve. t0 P,.f-et ;-ioumd Tmoier and Iccs,,cors; cr rj_�-It to install, r=11O7C =.al: uoe 8..17. ";IeC'tT'1C line 1i7C1!_l[:1:1�; yJ0`_., O1- t0yler_3} .':ire;: Cnc: S1'Ltlire B, TLC: t0 keep :ii-iiCl vi Grp '_-ca -:)f ,Jr_t'erference f:L—um trees or other g ov-11 On 'ihe 1'ui•✓te=1�3CI"'bed -oremises, fixed by IocatixLg the 2 7 - 1 a`�s �s _ - EWN f..� i�,R�R31-�l.'�i L7f.,,ISr .'r•?�,';:y�•�w �� ra=:'•ry�-w!3;,h� ,}'+�, v�Y•i'.�: .; �:uwx. -cy sr-;iiC;=iY ,r?:tK. e�=:�� _ ;f.; Mvtrl - ,ram.:^•yz:..� yi� r n .�,J y non e� - auzi er' isp _ n't aa� � G'�BC YJ. IBC -YS�' .�E vi1 � � �L� � �V DS.. 5.• ..• .! ^ 2$. ,ft Hox t� of the SOtath IlEe• Of. -,the. Way ,1f o -he . y crtll line : of iap h df ��a •.S u kr, L' o. vx. th 3,l4 ae a`is 3%4 -af the 3�4 i '2�� Went -0-Re Of tl.a: if :',of.: tire. t�`': 7/4 :0 E . the -�;, 714; ► M) :;a4 � = North of the- soutT2 Iixie- Of, the .V.1/ of the BY[ 1/4 of 'Cho . Nl--; '% of tre _J 4s Ai,j, in 3 y ..$8'Cti•0TZ-17, awnaIxip z i azti�f' hovie=.erg tkx�N8eid k' et So-md.Power and Lim: Compeny- �s -:; rein"Ja ta;ib5,lity Y'ox` any r- ^ o caueed b;T the net;— s _.- :C-nce..,&id Company, ua fuyt;ler Want l,eriaission to the Lake Center ita, 2raer_es9ors :.nsl n�.sit za, to construc�, 1. L t`ln :'Tld 'any^. Ettf'2 €:, fre.tF'r —,,.)i ins nvez', ilACI?:I' and ELCrOE^ the 'l.o-t, utilities, i'-Abject, hoviever, to said ,"�-•�,-, ;irva; �,. ,_. 't,=i'[i E.12.. t1 v-t the coil t_ o'.ction and Inaintainance will . :_.::,_ Q CL ,iC: .4C::i ;•iCTXIIP.T-dS tO CELi:ie n0 injury to theJTCDG'I"Ly _ b y Uitchinr in;•, ping., b�' ,, 1+sf ckiiling . ... _ i. of Lii.@• ^7P.ln @, PnC! -.he=Llrther etCreement that =-.o<NPnco.yil:l reT,l a c>:, in ';aoC.i coP_L._tiGa FJ!'a`j i:a_�rove:ner_Z } .,:.� - •, '_'4,'i"s': Ju C;'.:' t:ie Cillriuj:: --.he con`Jtl n.Lction Or IGa.-, cond4tion's &-nc covenants herein are i'L`i_ - .r C.� .� vc.+ G�; CC': tita:•CIt:J 1117x%ii.7F; i%:.t'ii t ip> '-. x_C�, uii_CG inF herei-a, 01 eir Peirce r--Lri.C1 aesiLL--rs, and for the --na bone` i.' C TL, _ii pre4jen't t:n{: fUt'4rG ov.'ner3 of any portioi-i 17. ..-.:-c;h of the parties ileicto does further agree and covenart =.I _�*• Fai � L f, h7 ` lLei1':� and Gaziigie, that he -hill join ^.t any time � °,iereaft E� r !tiiOn rr✓-9U.Etit froLl en}% party 11Bret0, tflEir heirs Or in a conveyeb,nce- Of the aforedeaicribeU property to the i i . .. ... _ . =;:... _ .�;:. � , •ter,: ••--•y N• v.-T�q.�at 7� hf• .. •' '_.��'i'•.�,'v .'=yG•�.}` yam:'= 'rS.-+i�i`':.c_.. i::T_ �.•�?' - jia5� ulc line . F3. �i2B• OUI1 'dam I7 �3 Yr�� 7� �p cc�Pt the.- aorxve; E66LA of,, sa grope rty. it tine' +� R ��31i lnsAt . e -ire have hoxet zito. pet . our czar_&.s anri - - _ A i.,; �il�.C:PiF; :tJ,R piL., ii .. a:itiY I-Ni+. T re oident L4cam. r �', 'i T'' :. +• �� ` i_LJ: i. ;�Li;� t'i 1 Lli : ,i 1„C. 11 .r. � ems- ..:.� _ .'S• � `.7-: ....�� Ir -"`: s, r� "' _ �. _ ._. ,�-:�. _ J_:�i J_:.L f'..r..w. �� G: .r_L.:'_"__�.::'1' i.+iJiLC • •• •;_ t� s 4 GL�- !t:r G ;;ten6ier'Y .' .^ 31 fir o1r'• ULtE:T2Cp } r 27 G r~I.��.e-• L-� �'. T ee - x 1. ' i�r'-1 L. "'=x in v7 e:7z' AlireL; P 0 1 _-O0 - =Xlgeliaa Poiniroo Tqr ME MMMv.ce. N SA R0,x_ County 0-i on hLL-- a8y. Public in and fd: 64 5f to of yduly Wi=d7__AIMi artill ny-m Qjwj tome known to tl�4imd 'I :14-s- in. and W"W. the f that _t.-tvW__ signed and acn led the fl-iicl instrument therein rnvniioned. WITNT-S5 my hami and officialFita II hereto affixed the da3r, and M Nocary J. A j ST'NTV --.A. D. 19��a:f _11,1Y. Of.___Zebj:IM17Y mc;'ihe under- znel Far Ll*,d State 0 n at On Jul arinald S,rPirljjj d _Qr_a�. is me. Pie: the... Of --Ew ergree - n - 4_ti r. Fark --- Gmpany,--Inc [fie fo!r-,airijt instrument, and ncknowicclged the s&2 iastrumcrit to be the Frec and volun. -4 A --r .- fur :h,• urnand pkirpo"A therc ixh11 T andon oath stated rhaLtUh—he Llwai r. • "lutkorizr.d ED execute the RBid instr ument and z4utf- -the corporate.seal of,taid_ k j. enle. Lka-':'i and official aral hereto affixed the day and A'aov'c written. r I diniff 6y C—p—ti., w., ,ins..„ . ria, In—r—cm . Company. F L 29) -;ia 5.i�t n_v tort King A. D. before me. the undcr- a or. afA for thr Slate of—. duly uQfnTnL"iOrie;d Secretary. r"pectively, of to 11-V Ac__� Prcftid en t and d" n to be the Frre PnCl _..Oiu.11• the toregiAng in-Frument. L% 8 nckriowladgd Ihe Raid instrument car} ut vroj JKqe., -A Culporanart. las- the uses and pu?s>ovjc& therein mcnflonei:L and f�n onth stated thaz_�he aug ho r i �mci to c% rtu te the "aid instrument a.-14 that the 0 eta ait4M'- 6 the t orporam seal of said my ,,IfId and official heal n, Qtell�;Va written. to affixed the day and yearih.1116. Notary PubUc by Corporation- W-61no— Title In,u re ace C--P —7. Form L 29) . r EIIE _ _ - ice. --- '�`'• �,: � �L;:- ��:: "�'_-,:-; _ 0. thisu-eh�u>a�ti :yeti, s ?Fotary" Public In nrLd for !h< 5t ste'of ] "' a' iD' ? fore rne, C. under_ ?Fi .Td stcam penLozsal;jr gAAcarefF Q "'dufy caatirti+aioned xnc.frrinwas to'-6.tlt rrrridcai sn �erlttesp.;respectiveiY� of � t scr eral o4x 4iaw� ex utc i Ecte ibregoing iriettamrri. arsd arlrnawliei3vat:La Lnsid mritris teat to be the.frtie And vo4ua, ttty set aucr! dnn! -,f *Aid Ccrsparatiarr. f" the lwea and ar aarm therein: ies� _ ,.,,t �' �•�� a9ri6lTud fa C7[IYVtC the p P -RR� O pgrid on oath atntecl that thsC S 3_ trfi said lnatrument rind , rye,„• 9,fleeei is the corporate Zeal of said :7,a -�:?y •':.fit h:'?• • �fi�: i } Qi�E:�ti racy �ancE a+d ofTiruad �etF hctetrr a xod the dozy- and yin jn" 01 ove-written. N. to rp Frul+if<'!n:nm3-{ar• r�:f3iatp vL' STATE � r t• tQnpT.—_ ..2Ia-tL__..,_J*,r CF.— Yi.i:Yct1' C rtalf'la..: v r..ayr9 tT r tl>r. ynac sF �• - a `iZ y A. D. l (7d� before me, the undersigned, n Notary ts,r.Cl; uu __ duly commissioned and sworn parsonuifg nppcarcc3 .1YF6+ :J-a�S":t�� f; ';ag' ?rST9!l f Vi,illiy.gJ ^nArl da ;o'4.rtin) 1iAzel o. I-arG=rl a�w-x�-cvted elhe Foregoing irsstruraent_ and neltcorc'fedgrd to me ',xM iL':.Fm^.:.:..�r,,,,�•:9:,.-,.a arm_@rrQ eF:..•.:E inntrvmr_nt J C�t1 �Lfree ann vojpx"ry'a4 Drd deed for Zbe uses, and u os� P TP �ip'A�"+4E.�7 Frp'Y. .oesr: ,.ri •f rk'�Q'.L'^�.t ri$35 �•: _r/��' ,,Fnxe.d thr clay and yrar.►,,Athet j- Ti6ov e written. Vae.7 Fs6i{c .{n H'sid isr�s,'SL'er of ' San Matep'" ?9:si Oil 9Pas_._.- _-•-- day „f__r 1: =_ t^ f__. --- A. D, ln_= before me. the. underaiwned, aPJotsrg f'r_9;lL-'c. -in a ..r; fvP d;.5110c r�P,.T =i C L'f'. `}__.._ - --- duly com nia ion�d and worn ,r._� ; _ - r• _ _ �:✓ _ i, _ - - Personally appeared —..._ �..------`'0 r�-y�"•q._— —_ ns ncc L"n :o t r rcr enxalir dceaf_ el" + iixerl in end who rr..:cuted the foregoing instrument, and aecnawl,dged to me ttaat =:_ ziF .oe� amzD s r ei ra sire sN: ! in."trcror_at as ___frer and voluntaryact and deed for tare uses end G?2�F4a E9Gny D:3/.,fS. n rrpoaea S'NESS �i9' 3crr;d an ? >�cc=E a-�f flerer.o affixed the day and year dt 8 c sty rain tta O.etrir GI= fj��.i / r:/ Bi. - : �.i • .. L'. ' . . rt'+ i Mo}ary Public in .nd for r fuss, A'�1� Y a: r a.idinp• x};%�.ki�#{j:'L.�aifi U3'n is freiesex�;mrrs bg fad:vrJrrol. Wuehinyton Tit2o In.vronu Corn vony, �amli:29)• ..• . SNORT P).i►T NO.:, 974609 ' 3 KING COUNTY. wAS"INGTON :. r This -spats reserved for - - - G I recorder's use - Department of Co --•^sty L En vi-ronten tal Development - j Division of Land Dse-llmnagement . ' C:)w . ti0F ..,„,.FFp'3? Examined and approved this �jt day of Al D_ 19 _ _ qG 22 & - .9 - a - Director, Division of LanJ Use Nanagement In R>mpgpg & ELECT[DNS - - .K'-NO CCt;:iTY, y+;,� Department of Public Wor*3 - [ ry p L•_. FlL for Record at Request Examined and approved thisy day of . �� , 19f Filed for record at ,:he - - • request of: - x 1 wk irir i Name Department of Assessmeswts I` 2 / da of I .6 Examined and approved this , y 19 x I a ,Gi Retu= to: 1 y Aries 8 Land Use Aanagerent Div. x H215, King Co. Courthouse [ y 411V^-^��— ,�• Seattle, Masbington 98104 Doputy Assessor LEGAL DESCRIPTION the east ono -half of the,S%t of the W,,L of Section 77. Tuunahip 21 L'orth, if Range 4 East. a.M.. Sing Coantp. iiaah_ axcept tbo north 450 feat thereof, and less sny pbrtian thereof lying within P401f3d.R1ghw+aq South. Map on File in Vault Page i of �/F i7210 - `JO7/ 7 oy1 Qi7a t .nECGAPATION = [ KD'ow 811 men by these preaente that we,.#ha vaderaipned,-awaar(s) in fee `..i simple [and .contras: purchaser(s)) of the land herein desciri-bed do. -hereby make", short• sub division thereof ,pureuaat to RCr 58.1-7.080 and declire this short plat. to be the graphic representation of sous, and that said short subdivisiod is'made with the .area consent end in accordance with the desire of the owner(s). i - In witness whereof we have set our hands and seals. a OkalP.-c: ooN N Name NOW- i "T Name Name STATE DF WASHINGTON County C;__ } On this day personally appeared before sia i I' to ae known to be the lbeuvidual. described In and who executed tha within and foregoin instrument and acmiwI y ,dyed tbst __signed the saw as -free and.paav+xl i act and deed. for the, usdsand parfn:allFi� ,.+Is `z GIVEN antler ■y hand and official seal this day of�,jq J i Notary pubjic 10 and for the State okv residing at I '� xd ra STATE OF 1PASUINMN,� County of � . On this day_ personally appeared- before me 222z ,;a to ae k+wwn to be the individna.I dexcx1W M ynd.who.esucuted the within and foregoing instrument, and acknowledged that lgned the sale as ti�free and voluntary act and deed, for :he uses and purposes therein mentioned. fy •�; yiYf GIVEN under r R+J hand and official seal this �_ day of �]�•C�. La Short Plat Number R?4009 Page ` 0f 3 _ i✓�gt �f- od'J✓. -. 3/.iC.fO• .. - ;. DTI _;: _ •, 3kl.ra rein +m I � oo .� . �8s • ... • .+� 6a �rrf e7.x.� iY -f= 4r7"/Ff' w +LemkT- • i lands r'1 aertifierte: '•. - c/��i ` Map_ca Fiio- in vauil - - ' "[ -- -- C , r7 ' — Th& abort plat eorractly reprrsenb-a • - surrey mde by =:6r Lmder my direction • in Conforomawe With the regltrs=nts of Direction: appropriate'"state and county statute and EE ordinance - le -.:;V- 74 Date 1. Scale: / _ /oo F� $pti 'tip • �p 4 Certificate No: 6808 a e +-A Short Plat No.� 974009 '11s,.p Pa ye 3 of 3 x SHORT PLAT NO.. 97 9 a KING COUNTY., This -space raaerved for WAS"IN GTON APF'WtAL - Xrcorder's use Department of Cb`ty i Snylrans+ntil Development ' Division of Land yse.Manegemant Erssuned and approved this day of 49Yt W, 22 AM .g 1 Disector� Division of "u)-j ma, ma-gasent r bftCTOR - MOM &.ELEC, n , ' .Kl'HD ccvrrr W Department of Public WorksASK •, / I TN F1.L for Record at Regnest oll Examined and approved this b day of Filed for record at the request of: Name Departsent of Assesawem is J f' '2 ��day of ti E—mined and approved this 7 2 A Return W HARLEY— Q, Land Use Management Div. AK5 % - a W715, Xing Co. Courthouse - seattle, Washington 98104 DESCRIPTION Deputy Assessor LEGAL ?be east -una—Fall: pf.the'SSA of the W. of Section 17, TOWAShip 21 North. ' Range 4 Bast, wit., Xing Cua1tPe wash.. except the north 450 feet thereof, and labs any portion thereof Ipim within Pacific .ffigtn+ay South. Map on File in Vault Page /ID7/ `7 o70 ? Know all urea• by these presents that we. the undersigned.. Isr�sar(s) in fee sirple [and -cc tr&L;.purchaeer(%)]of the landherein-dencii'hed do.•Aereby [{ m&ke-a short-aubdivinion £hereof pursuant to 8C1 58.1.7.DSO and declare ' this short plat. to be the graphic representation of same, and that said short subdivision is'mads with the .free consent and in accordance with the desire of the owner(s). f In witness whereof we have set our hands and seals. Ifs. a - �mme Name Na STATE OF WASHINGTONi1j ; j R county cf 11 I j On i:```hi�B dTTTaTy�Parsonm2ly appeared befor.e a i to mu hreorq to be the Sndlvtdeal described In and who executed the vithirn and foregoing k - Ense_zurcnt, and aIedged that: p _sigaed the sam9 as.„ -free and-yetvmmw act and dead, for tha.nd and purp=W thuroia r®tioned. *pleffi� 2 +Fs. GIYSDi ender my hand and official seal this day of •• . '•� No tarp Public In and fox thv State_ c � residing aC - sml a STATE OF WASHINGTON,) 1} R County of�^ - On- this dag..petsonally. appeared. before im -. to me known to be the .tadividual described M and wbo:esvcated the rxthsn and instrument, and acknowledged that ,SiSwvd the sat av Z j -free and act and deed, for the uses and purposes therein mentioned. 44 GIVEN under wj hand and official seal this �_ day of ?. i Short Plat Number 9?4009 Page 0f - - _ . D r � `roipi :ski .. .. •- .r.-s+ ,`w+�.rr....a l7 � /6 i �- . r.Ty • .. i i • k ' - ti. I l O C r N • 1, 28s 1 ; y h h ■ }' e ry A s� • - - - _ .� __ S17 .... .y_-,c cs x..7/ "Y vff.1- = Ir7'iv Lend sutveyar's Certtfieete: ^ 1Csp on RM in Vault •.. _!'' 19tis short plat correctly niproff'sn" a- su z-vey-msd° by m97 or under =j direction in Conformance with the regaissaauts of Direction: appropriate state and county statute and r ordinance. r /b-9G T¢ scale: Date �. $�.• Certificate No: 8808 x short Plat No. 974009 w• d� 19 Page 3' of 3 s -- EASEMENT For and in consideration of Ore Dollar 151 Qhr and other valuable consideration. the receipt of which is hereby acknowleilged- F!• d. ❑'DONINELL and MARGARET H 0'110.INELL,his Wi€e, v Iq"'Grantor' herehuu. hereby Fran(&, cony)a Wnrl warrants to YULiF.T 5Cd1;111 mlt5 11 A• I.If111T CDWashington eee fwratvn e'-Grarieeu- herein,, for the purpuss► he�relmtl(.r set lorlh. a prrpewa) easement orrr. CD across andunde•r the following dt..sc•ribed real'prrft•rty rot- " PTOpt,rir herein( In i` Count.. %vii }tirIPIMICD - Lot 4 as delineated on Short Plat Vo. 974009 recorded November 22, �. 1974, under King County Recording No. 7411220280, being' a portion of the East 1/2'of the southeast 1/4 of the Northeast 1/4 of Section 17, Township 21 North, Range 4 East, W.M., in King County, Washington EXCEPT the north 450 feet thereof; AND EXCEPT any portion thereof Exc lyas p wftthin Paoific N e# ywa r South. uV fiay ter: otherwise Sol fors rrac rantte s rights shall be exercised upon that portion of the Property fthc --Right•of-Way - herein) des crlbed as follows: iiligial.46WI0r -isawii wk.ieWr� The south 30 feet of the east 300 feet of'the above described Property. 1% CXCi$-- TAY"RED r�rff� vy. h �f Division sy................ Deputy 1. purpose. Grantee steals heve'tht rightto co4struct.Verate, maintain_- repair, replace and enlarge one or more ckte li is Irailsmisslen -and/or distribtetioa lines over anchor under .the tight -of -Way together wide all necessary or convenient eppurttn3nces diereto. wh:clt May inclddCbuI are not IImited to the following, a- OVVAead facilities. Poles and/or towers. with crossarms. brutes, guys' an d anchors. electric lransmiSsipn and disc ribptlost'linCs: communli-nilon and signal lines; lransdortn2rs. b. Underground laellities, Undergrotind conduits, cables. vaults. manholes, switches and trans- formers; semi -buried or ground mounted faclltles Stich as pads. Iranaorman and sw*ches. Following the initial eahstruclfetn of Its. lacillifes, Granter may. from time W time 'imn6trucl such addi, donut, lines and other facilities as it may require. k, Access. Grantee ¢hall have the right of RcIh s to the Right-nf•Way over and across the properly to enable Grantee to exercise its rights hereunder. Provided, that Grantee shall't ampensate Grantor for any damage to the Property caused by the exercise of said rig:it oI access. 3. 4}Id1108 of Tccas. Grantee shall hpvr the right to cut or trim any and all brush or trees standing or growing upon the Right -of -Way- and also'theright to cut or trim any trees upon the Property which. in falling, could. in Graniee s reasonable judgment, be a hazard to Grantees facilities. a- Grantor's Use of Righl-of-Way Grantor reserves the right to use the Righl-of-Way for aYy purpose not inconsistent with thg rights herein granted. providtd. thin Grantor slittll not construct or maintain any building or other structure on We Righl-nf-way and Grantor shall do no hlasling within 300 feet of Grantee's facilities without Grantee's prior written Consent, 5- fndemnlly- 0y accepting and recording this easement- Grantees agrees to inckmnify and hold harmless ;rcfrom any and all claims for dernagts suffered by any person which may he caused by Gran(ee's 0015 herein granted exeercisis e of the . Provided, chat (,rant" Stall not be re:tponslhle ro Cranlor for any damaW resulling from lnlurl'US la Ieny Perron caused by acts or omissions of Grantor 5 Abandonmcnl. The rights herein ff.rante[f shall continuo until such tier(@. as Granue cVWirs to ust- the Rfghi•ol•Wa.y for at perieel of dive. 151 twct�cisivo years, In which even, ehi6 easeme+tt shall iermino[n and all rights hereunder Shall rtvert tp Grantor. prut•ideef, that no abandohn,enl Shall in: deem mi to have oeryrrcel by reason of Grenieei R failure to inittetty Vns the date hereof iall its facn,ties on the: Rlght-of-Way within any Pcridd of Limit from Description: King,WA Doctunent - Year. Month. Day. DocID 1976.709.484 Page: 1 of 2 Order: 1 Comment: s i. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns, DATED this L�Jday of u L1 t _ . 19 %b OD CR.tti Rpp Lf �7 4C' ti O H. O'Donnell O O Ftatnf Margaret H. O'Donnell �D P�I r edtor fOr Estate of -Margaret Hfj O'Donnell STATE OF WASHINGTON SS COUNTY•OF On this day personally appeared before me F.... c' F. to me known tro be the l5dlvidu� described in and wtto executed the within and foregoing instrument, and acknowledged that be the the same aS '�t l -lrce: and voluntary act and deed for the uses and purposes therein inmuoned 7(_ •.•CrWahl.tmder m; handand official sea] this 74 day of e�..x-� ]9` �a. _ n O, 4.`� ; rp: Notary Publia j and for the Stag of Wasbington. ' c residing at STA'I EOF••WA.SHINGTON Ss COUNTY OF G On this tlay Of 19 ,'before me. the undersigned, personally J appeared and 00 to me known'to be the and respectively, 01 O a, the corporation that executed Or- the foregoing instrument, and ackr-owJedged the said instrument to be the free and voluntary act and deed of C) said corporation, for the uses and purposes therein mentioned, and on oath stated Lbill authorized to execute the said ;instrument end that the sea] afCxed is the corporate seal of said corporation Witness my hand and'official seal,.hereto affixed the day add' year first above written. J 0 o Notary Public in and for th- Slate of Wa3hington. O residing at "_L �O m t • o IL U r:Y' TF- :ORD Al IILQUE.if OF: P. !:... Description: King,WA Document - Year.Month.Day.DocID 1976.709.484 Page: 2 of 2---""- Order: 1 Comment: e i •• )SsL ..� .. ..�aruar� r ..: (;fir".•�.,•. ----. _Harr(J._L'Lonnell,_Jr,•---•- c,, 'ate i .Ora-i(•r. ..` rinl ;1U7'V. _ i-v ` :1•li �i: Alt ". N•,. .Q. . .. '. C 0 Wl %E:`LT?1; � That sa:c Lrantor !s'., sa°u.�!.'i, scnsEdcrc' in,..,er:c CD ` varyai:l, sell, ccn.ev o+•; cor`irmun'r, .� said o •in`-' - :` Oren' for water mains, Mite nc _"nsClry apD'vrter•a"CFL, d_su:. - .31, fC.!- :i; cc Tp 1r)I REC!JlF;E� l °'o Ey.CI - An eesement over the !oi!uwina described proper'•: Division 9Y— . Do* THAT PORTION OF THE NORTHEAST 114 GF SECTION 17, TOWNSHIP 21 NOPTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, INCLUDED WITHIB A STRIP OF LAND 10 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER, DF LOT 4 OF KING COUNTY SHORT PLAT, RECORDING' NO. 7411220280; THENCE NO1'12'15"E 2E.00 FEET TO THE TRITE POINT OF BEGI1NING; THENCE N88'43 47"W 18.97 FEET TO POINT 'A'; THENCE NBB'43'47"W 329.45 FEET; THENCE HO1'48'36"E } 1R,00 FEET TO POINT 'B'; THENCE NO1'46'36"E 205.18 FEET TO POINT 'C'; THENCE SB8'46'00"E 268.00 FEET TO POINT '0'; THENCE 588`46'00"E 78.49 FEET TO THE EASTERLY TERMINATION OF THE 10 FOOT WIDE EASEMENT. ALSO, FROM POINT 'A', AS DESCRIBED ABOVE, NOl"12-15"E 50.00 FEET TO THE NORTHERLY TERMINA- TION OF THE 10 FOOT WIDE EASEMENT. i ( ALSO, FROM POINT 'B', AS DESCRIBED ABOVE, 588'43'47"E 10.00 FEET TO THE EASTERLY TERMINATION OF THE 10 FOOT WIDE EASEMENT. F ALSO, FROM POINT 'C', AS DESCRIBED ABOVE, NO1'48'36"E 5.00 FEET TO THE NORTHERLY TERMINA- TION OF THE 10 FOOT WIDE EASEMENT. ALSO, FROM POINT '0', AS DESCRIBED ABOVE, NO1'14'00"E 5.00 FEET TO THE NOPTHERLY TERMINA- TION OF THE 10 FOOT WIDE EASEMENT. Description: King,WA Document - Year.Month-Day.DocID 1977.203.700 Page: 1 of 3 Order: 1 Comment: T.te s::ie Grartne 31311 .rave 'hc ricihi w.-nou- Grit' i- .-ior. a r v s,j:. .• F"r e$dlnG at Ig,e, .d' jL_n 'IM1!'¢ :!S d'! nt'CF!ssary, - ?r:•;r ugOr, ;:'A can- "ru:tinn rich: - of - way `;r the purpose of z�ansrractin•l, r(y•.. -;ng, a "aFTnq or r-,cen''-uLtuing said wafer main, 7r mak.nq ron}E:.liar; Murtw�'h, rithc�' incurri+fo .�y +c-Al abliyalion or IiaC+llit-e -nrerfo-e: yrovi.%J 'hd• 5r.5'ru:::•�, -,pa,r:ng, al'erinn or rec•u.StrucIig of said We- raln sraI I se aLC.'XPp 'Snee 11 S '• a manner •hat the viv7}0 in *his eir'lt - o` - way shall r•�- Le disturbed or de5tr•;vc.:, ur ir. The ever- -ha+ t"iev Lire a'sturbe!H •.r destroyeo, :ey w:ll be replaced in as good a condition as rney we-e rimmed:ately before the ,-rooerty was entered upon by tre said ranter. _ The Grantor shall re+;tin the right to use the surface -• said riar' - of - wav G' if 5-,(h use does not interfere with installa'ioo cl the rater a.;;n. However, 'he C7 Grantcr shall not erect buif•iings or structures on the right - o+ - wav during the existence of said right - of - way. € p The right - of - way, Juri6U its existence, shall be a-evtmant r nning with the CM iand and shall be binding " the suc^essors, heirs, and a;;i.)ns o° both of tfir parties heretc. STATE OF WASHINGTON ) SS COUNTY OF ') By: I, the undersigned, a Notary Public in and for the State of Washington, hereby certify that on this 31st day of Jam,. 19 77 personally appearea before me and To me known to be the individual (s) de5crib in and. who executed the foregoing In uimant and acknowledced that signea and sealed the same as free and voluntary act and deed for the uses and 0urposes tflereFr, mentioned. Notary Public and for t rState of * wash l ngton, res i a i ng a . d�cz'a6PZe-- .0. .- 1'. Description: King,WA Document - Year.Month.Day.DocID 1977.203.700 Page: 2 of 3 Order: 1 Comment: Description: King,WA Document - Year. Month. Day. DocID 1977.203.700 Page: 3 of 3 Order: 1 Comment: f 5 { After Recorded Barium To: King County Administrative Building Records Section 500 — 4th Avenua, RM 311 Seattle. WA 98104 i I TITLE OF DOCUMENT: DECLARATION OF EASEMENT GRANTOR(S) (last, ris. initlal(s)): , DUNN LUMBER COMPANY, INC. .7; C' Additional names on page _ of document(s) 7 GRANTEE(S) (Last. first. intial(s)): ^� JUNG, SUNG COOK and JJNG, ROSA JUNGAE L' Addtlonal names on page, o(documeM(s) I LEGAL DESCRIPTION (Abbreviated: i.e., lot, bock, plat or section, township, range): } r N.E.114, S.E.114, GEC.17, T.21N., RAE., W.M. j I Additional legal on Page _, Gf d0cumert(s) REFERENCE NUMBER OF DOCUMENT ASSIGNED OR RELEASED: Add4iona! reference number on page of document(s) 8 ASSESSOR'S PROPERTY TAX PARCELIACCOUNT NUMBER(S): d �. 172194-4119-0i Property Tax P3rce110 Is not yet es4fted Additional parcel numbers on page of document Tne AuditorlRecorder will rely on the information provided on this forth. The staff will not reed the cdocument to verity the aceuracy or completeness of lha Indexing information. WSWOPWO761 VN6 Etc TAX NOT REDURED :3 lx.+alan M l' t r 11 gang Description: King,WA Document - Year.Month.Day.DoclD 1998.526.348 Page: I of 4,,` Order: I Comment: Cr CD C �t O m e DECLARATION OF EASEMENT THE UNDERSIGNED. GRANTOR(S), DUNN LUMBER COMPANY, INC., HEIRS, SUCCESSORS AND ASSIGNS (HEREINAFTER TOGETHER REFERRED TO AS 'GRANTOR'), FOR AND IN CONSIDERATION OF THE SUM OF ONE DOLLAR (S1.D0) AND OTHER VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, HEREBY CONVEYS AND GRANTS TO THE GRANTEE(S), SUNG COOK JUNG AND ROSA JUNGAE JUNG. HUSBAND AND WIFE, HEIRS SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS THE -GRANTEE', FROM THE FOLLOWING DESCRIBED PROPERTY LOT 4 OF KING COUNTY SHORT PLAT NO 974009, RECORDED NOVEMBER 22, 1974. UNDER AUDITOR'S FILE NO. 7411220280, BEING A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH. RANGE 4 EAST, W M., IN KING COUNTY, WASHINGTON-. EXCEPT T HE NORTH 450 FEET THEREOF, AND. - EXCEPT ANY PORTION THEREOF WITHIN PACIFIC HIGHWAY SOUTH SUBJECT TO AN EASEMENT FOR INGRESS. EGRESS, DRAINAGE AND UTILITIES TO INCLUDE SANITARY SEWER AND WATER OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PORTION OF SECTION 17, TOWNSHIP 21 NORTH. RANGE 4 EAST, W M , KING COUNTY, WASHINGTON. THE SOUTH 30 00 FEET OF THE EAST 614 47 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 17; LESS PACIFIC HIGHWAY. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RESERVATIONS SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. THE GRANTOR DOES HEREBY AND THE GRANTEE, BY ACCEPTING AND RECORDING -THIS EASEMENT, MUTUALLY COVENANT AND AGREE AS FOLLOWS: 1 THE GRANTEE SHALL, IF THE ABOV2-DESCRIBED PROPERTY IS DISTURBED BY THE MAINTENANCE, REMOVAL, REPAIR OR REPLACEMENT OF THE FACILITIES SPECIFIED HEREIN, RES FORE THE SURFACE OF THE ABOVE - DESCRIBED PROPERTY AS NEARLY AS POSSIBLE TO THE CONDITION IN WHICH IT EXISTED AT THE COMMENCEMENT OF SAID MAINTENANCE, REMOVAL, REPAIR OR REPLACEMENT 2 THE GRANTEE SHALL PROTECT AND SAVE HARMLESS GRANTOR FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSS, DAMAGE, EXPENSE AND LIABILITY OF EVERY KIND AND DESCRIPTION AND FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF PROPERTY SUFFERED BY GRANTOR, GRANTOR'S HEIRS, SUCCESSORS AND ASSIGNS OR BY ANY PERSONS, FIRMS, OR CORPORATIONS, BECAUSE OF THE MAINTENANCE OF SAID FACILITIES 3 ALL RIGHT, TITLE AND INTEREST WHICH MAY BE USED AND ENJOYED WITHOUT INTERFERING WITH THE EASEMENT RIGHTS HEREIN CONVEYED ARE RESERVED TO THE GRANTOR. THE CONSTRUCTION, INSTALLATION OR MAINTENANCE, AFTER THE DATE OF THIS AGREEMENT, HOWEVER, OF STRUCTURES OF A PERMANENT NATURE: 1) WITHIN THE ABOVE -DESCRIBED PERMANENT EASEMENT. OR 2) OUTSIDE THE AFOREMENTIONED EASEMENTS BUT INTRUDING INTO THE EASEMENTS SO AS TO INTERFERE WITH MAINTENANCE FORMS%F&49921Dn MMM UB PAGE I OF] Description: King,WA Document - Year.Month.Day.DocXD 2998,526.348 Page: 2 of 4 Order: 1 Comment: '— 6 0 le f r AND REPAIR OF THE UTILITY SHALL BE DEEMED AN ENCROACHMENT UPON SAID EASEMENT RIGHTS AND AS TO SUCH STRUCTURES TO THE PROVISIONS OF PARAGRAPHS 1 AND 2 SHALL NOT APPLY; AND, FURTHER, GRANTOR, GRANTOR'S HEIRS', SUCCESSORS AND ASSIGNS SHALL BE OBLIGATED TO REMOVE SAID ENCROACHMENTS AT GRANTOR'S, GRANTOR'S HEIRS', SUCCESSORS AND ASSIGNS' EXPENSE. DATED THIS DAY OF_ �Z 1998. PRE�$)pENT ED DUNN, JR.. DUNN L MBER COMPANY, INC. TITLE � t � Z£ rl� �S ` i` SUNG CDOK .iUNG ROSA JUN AE J NG STAT = OF WASHINGTON ) )SS. COUNTY OF 1 I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT, ED DUNN, JR- IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE r� THE INSTRUMENT AND ACKNOWLEDGED IT AS THE PRESIDENT OF DUNN LUMBER w COMPANY, INC., TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. fA ]`BRt�sE111 k" . fi'1i CA UL J i f^r;i aiRRY tio: i ,�1 � R7O ' NOTAW PUBLIC IN AND FOR THE iii4 sy •.,s:s�° Y_J STATE OF SkINGTO . RESIDING II�R... AT:�� MY COMMISION EXPIRES: 9 ,?Wd STATE OF WASHINGTON ) )SS COUNTYOF ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY,:VIDENCE THAT SUNG COOK JUNG, IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE HiS FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MEiCi 10NED IN THIS INSTRUMENT. FORMWO-40 VMV-C DS81001 B KIL 000 PARK f . t STATE OF WASHIHGT WARY PUBLIC IN AND FOR THE 30TARY --- PUBLIC pTIE OF�AS' TON. RESIDING My Commlwbn Eq:+w1,N{K n COMMISION EXPIRES: of •�1 PAGE 7 OF J E Description: King,WA Document - Year.Month.Day.DocID I998.526.348 Page: 3 of 4 Order: 1 Comment: - 1 O O l0 O cc In s STATE OF WASHINGTON ) )SS. COUNTY OF f I CERTiFf THAT 1 KNOW OR HAVE SATISFACTORY EVIDENCE THAT ROSA JUN(;!AE J JNQI, IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED TKAT SHE SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. NOTAR'+ PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT: MY COMMISION EXPIRES: 1� a w FONMAT&492011-C f6Z[i9 DLe PAGE ] OF Description: King,WA Document - Year.Month.Day.DocID_1998.526.346 Page: 4 of 4 Order: 1 Comment: Return Address: Lakehaven Utility District P. 0. Box 4249 Federal Way, WA 98063A249 COVERSHEET mat Tille: Easement for Water Facilities Jung, Sung Cook & Rosa Jungae and Dunn Lumber Co. V(3). Lakehavgn Utility District PorSTR 17-21N-4E Additional legal dcs=iplion is on Exhibit "A" of document 0 1 rep" 172104-9004; 9120; 9119; 9078 A Own 431,127JO4.. 8.6-M I JONT t Description: King,WA Document Year.Month.Day.DocID 1999.219-1364 Page: I of 6 Order: 1 Comment: 0 UJ EASEMENT FOR WATER FACILITIES TWS AGREEMENT by and between Lakehaven Utility District, a mtmicipal corporation of King County, Washington, hereinafter termed "Grantee" and ,un¢ Cook urrtgRos» )un9-aC Jung, and Dunn—Lt1fflhg Corona hereinafter termed "Grantor" WIT NE&SETH. I'liat Grantor, for and in consideration of one Dollar or other valuable consideration, the rec-eipt of whsch is hereby acknowledged, hereby conveys to the Grantee; A perpetual, non-exclusive easement and right-of-way for wuw farih6os and all appurtenances ►elated thereto, through, over and across the following described real property See Exhibit "A" Attached Granlw w-d its agents, designers or assigns nhali have t1w right, ■ itho:rt prior institution of any suit or proceeding a► low and without prior notice to Grantor, at such lime as Grantee deems necessary, to enter upon said property, by foot or vehicle, for the installation, repair, mcoasdruc(ion or maintenance of water facilities and appurtenances without incurring s2ty legal abligotion or liability therefore, provided brat such shell be accomplished in a manner that existing private improvements shall not be disturbed or dmtroyed or in the event tK} d they are disturbed or destroyed, they will be replaced or repaired, as )yearly as is practicable, to as good a condition as they were irnmediately before the property was entered upon by the [immee. LUD 201.E 07 (10127197) Easemeat No° 1/0 - - 1 Description: King,WA Document - Year.Month.Day.DoclD 1999.219.1364 Page: 2 of 6 Order: 1 Comment: 0 W Cantor hereby agrees that no building, wadi, fence, rockery, !tees or structure of any kind shall be erected or planted, nor shall any Fill material be planed within the boundaries of said easement area No excavation shall be made within there feet of said water service faeilides and the surface level of the ground within the casement area shall be inaintained at the elevation as currcmtly existing. In the event that this provision is violated, the Grantee shall have the right to require removal of any such structure and some shall be accomplished within a reasonable period of time and at Gtantoes expense. Failure of Grantee w so exercise its right to require removal shun not constitute waiver of this right. Grantor additionally giants to the Grantee, its agents, desigrrets or assigns, the use of such additional area immediately adjacent to said easement area as shall be required for the cons"etion, rcconstnrction, maintenance and operation of said water service facilities. The use of such additional area shall be held to a reasonable minimum and be returned to the condition existing immediately before the property was entered upon by Grantee or its agents. This Agreement and each of the terms, provisions, conditions and covenants herein shall be binding upon and apply to the benefit of the parties hereto and their respective successors and assigns. DATED this 3 D th day of I gIfL—• B Sung Cook Jung By Rosa Jung Jung By P i]urtA Lumber By Dunn Lumber Description: King,WA Document = Year. Month. Day.DocID-1999.219.1364 Page: 3 of 6 Order: 1 Comment: 0 I4T W JM T N O en STATE OF WASHINGTON ) CI r ) ss: County of N ) I certify that I know or have satisfactory evidence that (L-V- Jy,-�J _ signed this instrument and acknowledged it to be thrfrce and volun J pact for the uses and purposes mentioned in the instrument. DATED: [�qR No Pub]is �•� Title t j', PIJ13LIC WA`'' My appointment expires )- ...... �. � f!7l Ir 111 � r STATE OF WASHINGTON ) ) ss: County of PING ) I certify that I know or have satisfactory evidence that and Rob Dunn signed this instrument, on oath stated that they were authorized to execute the Instrument and acknowledged it as the and Vice -President of DUNK LUMBER to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: November 30, 1998 -kr' �4NFkp r 1 onyS 1= rubric • 1 Title Corporate Office anager OF . My appointment expires Description: King,WA Document - Year.Month.Day.DoclD 1999.219.1364 Page: 4 of 6 Order: 1 Comment: LEGAL DESCRIPTION: TftAVELOI)GE MOTEL JOB NO.92-022-C OCTOBER1998 L945 E]W IBIT_"A" WATER LINE EASEMENT: THAT PORTION OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 17, THENCE N.89°41'44'W., ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 44.75 FEET TO THE WESTERLY MARGIN OF PACIFIC HIGHWAY AND THE POINT OF BEGINNING; THENCE CONTINUING N.8V42'04-W., A DISTANCE OF 245.72 FEET; THENCE SOUTH, A DISTANCE OF 133.22 FEET; THENCE WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH, A DISTANCE OF 133.30 FEET; THENCE N.8742'04-W., A DISTANCE OF 24.48 FEET; THENCE SOUTH, A DISTANCE OF 44.19 FEET; cv) THENCE WEST, A DISTANCE OF 15.00 FEET; v4 THENCE NORTH, A DISTANCE OF 44.27 FEET; M THENCE N.89°42'04U., A DISTANCE OF 35.71 FEET; THENCE SOUTH, A DISTANCE OF 25.55 FEET; THENCE N.89°41'44'W., A DISTANCE OF 19.00 FEET; THENCE NORTH, A DISTANCE OF 25.72 FEET; (7) THENCE N.89°42'04'W., A DISTANCE OF 50.00 FEET; THENCE N.D0*14'38'E., A DISTANCE OF 30,00 FEET; THENCE N.89°42'04-W., A DISTANCE OF 50.00 FEET; THENCE NORTH, A DISTANCE OF 20.75 FEET, - THENCE EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH, A DISTANCE OF 20.75 FEET; THENCE N.8942'04V., A DISTANCE OF 281.93 FEET; THENCE NORTH, A DISTANCE OF 13.09 FEET; THENCE EAST, A DISTANCE OF 20,00 FEET; THENCE SOUTH, A DISTANCE OF 13.19 FEET; THENCE N.89942'04V., A DISTANCE OF 33.08 FEET TO THE WESTERLY MARGIN OF PACIFIC HIGHWAY; THENCE N.W14'WE., A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. ALL SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. LEGALU" 92-M-C 1aZU IU ;:•, w Description: King,WA Document Year.Month.Day.DocSD 1999.219.1364 Page_ 5 of Order: 1 Comment: 0 PACIFIC HIGHWAY rM x W y tu Description: Aing,WA Document - Year.Month.Day.DoclD 1999.219.1364 Page: 61-of Order: 1 Comment: .- ---�. - - Return Address: Lakehaven Utility District P. O. Box 4249 Federal Way, WA 98063-4249 M COVER SHEET Document Tit e: Easement for Sewer Facilities Re Verenre um er(sy: rantor(s): Dunn Lumber Co. Grant aJ: Lakehaven Utility District Legal Vesiilpdon: Por STR 17-21N4E Additional legal description is on Exhibit "A" of document Assessnr s Fraperty T:x Parse Areount um r: 172104-9DO4 Atxgttn! ua� rt 432.1274, J3,M3 � un : e oat WA 7Ei�1 .r is $12.00 ro g Description: King,WA DoCument - Year.Mont.,.Day.DoCTD 1999.229.1371 Page: 1 of 5 Order: 1 Comment: -_ U W EASEMENT FOR SEWER FACILITIES THIS AGREEMENT by and between Lakehaven tJtility District, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and _ Dunn Lumber Company . hereinafter termed "Grantor". WITNESSETH: That Grantor, for and in consideration of one Dollar or other valuable consideration, the receipt of which is hereby acknowledged, hereby conveys to the Grantee; A perpetual, non-exclusive easement and right-of-way for sewer facilities and all appurtenances related thereto, through, over and across the following described real property: See Exhibit "A" Attached qq i- Grantee and its agents, designees or assigns shall have the right, without prior institution of any suit or proceeding at law and without prior notice to Grantor, at such V4 time as Grantee deems necessary, to enter upon said property, by foot or vehicle, for the 9.4 imullstion, repair, recansumdon or maintenance of sewer fuffities and appurtenances C.1 without incurring any legal obligation or liability therefore, provided that such shall be G accomplished in a manner that existing private improvements shall not be disturbed or destroyed or in the event that they art disturbed or destroyed, they will be replaced or 0? repairer!, as nearly as is practicable, to as good a condition as they were immediately before the property was entered upon by the Grantee. Grantor hereby agreas that no building, wall, fence, rockery, trees or structure of any kind Shall be erected or plartled, nor shall any Fill material be placed within the boundaries of said easement area, No excavation shall be made within throe feet of said sewer service: facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. In the event that this provision is violated, the Grantee shall have the right to require removal of any such Struchue and same shall be accomplished within s reasonable period of tune and at Grantor's exmse. Failure of Grantee to so exercise its right to require removal shall not constitute waiver of this right. Easement No. inn .Z - 63..E y LIM 201. t 03 p W7/97) Description: King,WA DocumentM -µ Year.Month.Day.Doc1D 1999-.219.1371 Page:s 2 of 5 Order: 1 Comment: 0 r Grantor additionally grants to the Grantee, its agents, designees or assigns, the use of such additional area immediately adjacent to said easement area as shall be mgWmd for the Construction, reconstruction, maintenance and operation of said sewer sernee facilities. The use of such additional area shall be held to a rmwnable minimum and be rctumcd to the condition existing immediately before [he pmperty was enterrd upon by Grantee or ils agents. This Agreement and each of the terms, provisions, conditions and covenants herein shalt be binding upon and apply to the benefit of the parties hereto and their respective successors and assigns. _ DATED this J c7 day of ly By unn Lumber By STATE OF WASHINGTON ) ) ss: County of_ RING ) Dunn Lumber I certify that 1 know or have satisfactory evidence that and Rob Dunn signed this insttteneet, on oAih stated that they were authorized to execute the instrument and acknowledged it as the and Vice —President of n] rNN LI IMBFR to be the free and voluntary act of such party for the uses and purposm mentioned in the instrurnenl. DATED: -November 30, 1998 ..itSSFT+>> spy. y..:o►+ EkZ f T01 'sQ ow 0 OF Notary Public _ Title Corporate office Manager My appointment expires —May-9 9— 2002 — • _ -.'� Descri.ption:'King,WA Document - Year.Month.Day.DoclD�1999.219.1371 Page: 3 of 5 Order: 1 Comment: T r LE AL DESCRIPTION: TRAVELQDG,E MOTEL - JOB NO.92.022-C OCTOBER 1998 L945 E01817' "A" SEMR LINE EASEMENT; 7ugt o�orl�*2 �f SECTInrr fro r^L:";$'IP 2" pIn�RT".rnc ., EAST �tii.N. . rr,r Kr.rC a., uv rn COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 17; "THENCE 3Y W 41'44'W., ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 44.75 FEET TO THE WESTERLY MARGIN OF PACIFIC HIGHWAY AND THE POINT OF BEGINNING; THENCE CONTINUING N.89°42'04'W., A DISTANCE OF 400.00 FEET; THENCE N.00 114W'E., A DISTANCE OF30.00 FEET; THENCE NA9042'04'W., A DISTANCE OF 400.00 FEET TO THE WESTERLY MARGIN OF PACIFIC HIGHWAY; THENCE N.00-14`38-E., A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. ALL SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, LEGALIL9/5924=C 10Q29B IQ.L Description: King,WA Document - Year.Month.Day.DocID 1999.219.1371 Page: 4 of 5 Order: 1 Comment: "' N 009438" E �o.co m z w I ni L f y m` N� hl t rn � y x W ti b U b � ra n D � �O II N 00Y4�3S' E 30.00 PACIFIC HIGHWAY w 11 ��• •Jf' vir-v.-•ra+. �. _ - ��,�v '%- t om`. F=a Description: King,WA Document - Year:Month.Day.DocID 1999.219.1371 Page: 5 of 5 Order: 1 Comment: i AFTER RECORDING MAILTOi; prium;Federal Way Buildings, LLC h' B Tacoma Ave North P Tao¢ma,-.WA 98408 20041 01002033 TICWt NA71OXAL U0 70.00 PRGE081 GF e02 _ 1I10II2694 le:66 KING COUNTY, GA s Filed for Ftecgrd:at R4l b ,ast of Tk& Title, ( Washington, Inc. "TtC'� .IvT}STAT(17't7RY,VVARRANTY DEED THE GRANTDR{S} Chase Livia Limited Partnership, a Washfti6l4i limited partnership for and in consideration of Ten Dof tars •.and: Othsr Godd °and Valuable ,Consideration in hand paid, conveys, and warrants to Prium Federal Way Suildings, LLC, to Washington Llroll8al Liability Company the following described real estate, slluated. in the daurr_fy of King; State of Washington: rrw Lot 4, King Bounty Short Plat Number 974609. recorded under`Recbrding Number 7411#0?60, said short plat bg`€ng •a subdivision of a portion of the, {tortheast quprier .nf SeCtign , l7, Township 21 North, Range 4 East, W.M..in King County, Washington. ` EXCEPT ING therefrom She east 12 feet, Subject tv easements, covenants, conditions and restrictions shown oft EMh0if."a4" asvhefeto attached and by Ibis fafereriae rflade a part hereof. Assessor's �roperty Tax ParcellAocount Number: 172104-9004-0 Daldd: October 27 004 , . C+ha IVIP•ilmite q I Ro b:.5:pha es • General Partner - E2081206 STATE OF Washingtgn ? •..� f . KINrl C� NTY1/2004 16lJA9 COUNTY OF Pierce saf •fl�sid8aev°e PRGE091 OF eat I car* that l know or have satisfactory euidertce that ftvhert- b. 5chales, is the person who appeared before me, and said person acknowledged thal he slgned this 1F 4rutment. an oath stated that he was authorized to execute the Instrument and z0nowlO dd it as General Part) r of Chase LIVio Limited Parinershlp to be the free and voluntary act of such party_#ar the uses_and qurooses mentioned in the Instrument. Dated: October 27, 200 JOYCE A; HAWKINS NOTARY PUBLIC MIE 0. - AS;0RGT0N_ Notary SComm- SIQN r n iNAFtC '9 2007 Printed Name: Joyce A. Hawkins - Notary Public In and for the State of Washington Residing at Lacey My appointment expires: 03/09/07 Escrow No.: 3072067-C LPB-10 119T Description: King,WA Document - Year. Month. Day.DoclD 2004.1101.2033 Page: 1 of 2'.: Order: 1 Comment: Exhibit A Encroachment of Travel Lodge sign located an the southeasterly corner of the premises as disclosed by 8arghauSan Consulting Engineers, Inc., Survey under Job Number 7118, dated March 31, 2000. as disblosed bydeed recorded under Recording Number 2000041400979. AN EASEMENT -AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED JHIrREIN:: F6R:: Roadway l7€SC�OSED BY INSTRUfv1L�N7 fZECpRDED:; fgbruary2, 1956 RE!C RISING f UMBt 4Sti4sl ' AFFECTS: As ca�WrueteT6nd described herein AN EASEMENT AFFECTING A PpRTIbu-bF SAtR) kEMISES FOR THE PURPOSES STATED THFREIN. FOR: f oadw�y and filility access DISCLOSED BY INSTRUMENT RECORDED: , Marchh 22, 1950 RECORDING NUMBER: 467$62. AFFECTS: As •¢ens*uciod and described. therein COVENANTS, CONDITIONS, RESTRICTIONS AND EASTMENTS C019TAINED IN SHORT PLAT: RECORDED: November:22, i974- RECORDING NUMBER: 7411220280 AN EASE41ENT AFFECTING A PORTION OFSAID PREW$ES FQ(R THE PURPOSES S!'ATi;D THEREIN' IN FAVOR OF - . Puget Sound Power and L14M Qorrq�any,_.--- FOR:: Elecirlc transmission and/or disirihutton�sys€em DISCLOSE/} BY INSTRUMENT RECORDED,. July 9, 1976 RECORDING NUMBER: 7607090484 AFFECTS: The south 30 feet of the east 300 feet ~ AN EASEMF VT AFFECTING, APORTION OF SAID PREMISES FOR THE PORPO$ES STATED THERE-W IN FAYgR OF King.Caunty Water District Number 12 FOR:Water mains DISCLOSED BY - INSTRUMENT RFCORDED; : Febrtirary 3, f977 RECORDING NUMBER, 770103Q700 . AFFECTS: As �0nstiuoted and described herein DECLARATION OF EASEMENT AND COVENANTS HI<RW. AND THE TERMS AND CONDITIONS THEREIN: RECORDED: May 20, 1998 - RECORDING NUMBER: 98052b OMi AN EASEMENT AFFECTING A PORTION OF SAID PRESNISE$,F.OR TFi£-PURPOSES STATED THEREIN: 1N FAVOR OF: Lakehaven UIIIi4y.00trici FOR: W ater facilities DISCLOSED BY INSTRUMENT RECORDED: February 19, 1999 RECORDING NUMBER: 9902191354 AFFECTS: As constructed and described herr in AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR_THE PURPOSES &Tkr D- THEREIN: IN FAVOR OF: Lakehaven Utiltiy District FOR: Sewer facilities DISCLOSED BY €NSTRUMENT RECORDED: February 1% 1999 RECORDING NUMBER: 9902191371 AFFECTS: As constructed and described herein Description: King,WA Document - Year.Month.Day.DocID 2004.1101.2033 Page: 2 of 2.- Order: 1 Comment: P Return Address: Lakehaven Utility District Development Services P. O. Box 4249 Federal Way, WA 98063-4249 20130402001595 KING-COUNTYs011 COVERSHEET Document Title: Agreement (Celebration Senior Living Apartments) Reference Number(s): Grantor(s): Celebration Senior Living Associates LP Grantee(s): Lakehaven Utility District Legal Description: Lot(s) 4 KCSP 9974009 KCAF #7411220280, King County, WA Additional ISgal description is on Exhibit "A" of document. Assessor's Property Tax Parcel/Account Number: 172104-9004 DISTRICT USE ONLY BELOW THIS LINE Account Number: Project Number: 2273.000.000 6313002 Fund: (cir e) Amount: AATER 1 SEWER / JOINT $82.00 Description: King,WA Document - Year.Month.Day.DocID 2013.402.1595 Page: 1 of 11 Order: 1 Comment: CELEBRATION SENIOR LIVING APARTMENTS Project No. 6313002 AGREEMENT THIS AGREEMENT, entered Into in duplicate between the LAKEHAVEN UTILITY DISTRICT, King County, a municipal corporation of the State of Washington, hereinafter referred to as "the District" and CELEBRATION SENIOR LIVING ASSOCIATES LIMITED PARTNERSHIP, hereinafter referred to as "the Developer". WITN ESSETH: WHEREAS, the District operates and maintains water distribution & sanitary sewer systems within its boundaries which can serve property of the Developer, and WHEREAS, the Developer desires to construct certain water mains and appurtenances at its own cost to serve the Developer's property, for delivery to and operation by the District, NOW, THEREFORE, IT IS HEREBY AGREED that: 2. The land for which domestic water service is requested and to which this Agreement applies, Is realty In King County, Washington, legally described in Exhibit "A" and generally depicted in Exhibit "B", attached hereto and by this reference incorporated herein. By executing this Agreement, the Developer represents and warrants that it is the Owner of record of the above -described property. If such representation of ownership is invalid, this Agreement shall be void as to the portion of the property not owned by the Developer. The Developer agrees that the District may require the Developer to furnish a title report for the property at the Developer's expense. 2. All newly created legal descriptions shall be furnished by the Developer and shall be stamped and signed by a professional land surveyor licensed in the State of Washington. Each newly created legal description shall be accompanied by a drawing that graphically depicts the legal description. 3. The Developer has paid the required deposit as set forth in District Resolution No. 2012-1211, or any subsequent amendment thereto. Said deposit shall be applied against actual expenses of the District, including all bacteriological testing and sampling. The District shall determine, on a regular basis, its actual costs associated with the project and shall submit to the Developer an invoice to repay the District for actual costs in excess of the amount previously collected. Payment shall be due as noted on said invoice. Off -hours labor, including Page Iof8 Description: Ki.ng,WA Document - Year.Month.Day.DoclD 2013.402.1595 Page: 2 of 11 Order: 1 Comment: overhead, costs for such inspections will be charged to the project on an overtime basis. The Developer agrees that the project account shall remain current for the life of the project and delinquency of any kind shall induce work stop action/orders, suspension/termination of service or any other action necessary to effect collection of monies owed the District. In the event monies are owed the District for work on, or unpaid charges allocated to, the project, as determined by the District, Developer agrees far spent to itself, the District shall , any ass gnrnent of funds e entitled to recover such monies by withholding and making applicationpayment cash deposits or latecomer reimbursements otherwise owing to the Developer. In the event that the deposit exceeds the District's actual expenses, the District shalt issue to the Developer, at project closing, a refund of such unused amounts. 4. Except as noted herein, all work conducted by the District will be performed during normal work hours. The Developer may, at their discretion, submit a written request to the District for ❑Istrict non-exempt staff to expend overtime for tasks and services related to the completion of this Agreement. Said written request(s) shall state the Developer's reasons for the request(s) that would qualify it as an "emergency" (e.g., "excessive" additional expenses for any delays in plan review (actual/estimated figures should be provided), approaching unfavorable weather conditions for construction, permit expirations, etc.). Each written request submitted to the District for this purpose should also specify any component for limitations the Developer desires (e.g-, request for plan review/app a r construction inspections, etc.). S. In the event work and construction described herein is not completed within five (5) years from the date of application for this Agreement, said application date being FEBRUARY 6 2�, the District can terminate the Agreement without ithout notice, the Agreement shall Chen be void, and a new Developer Extension Agreement Application, along with applicable fee, will be required to re -commence and subsequently complete said work. 6. It is agreed by the parties that time is of the essence in all matters relating to the performance of this Agreement. 7. The Developer agrees that all requests for modification to District standards, specifications, policies or Resolution shall be submitted in writing to the District. Such requests shall be reviewed and the District will provide a written response to each submitted written request. S. The District shall review final plans and specifications for water distribution & sanitary sewer system construction to be performed by the Developer under this Agreement. If preliminary plans are not deemed acceptable by the District, the Developer shall be obligated to revise the plans and specifications In accordance with design standards deemed acceptable by the District. In the event that more than three (3) items are found to remain deficient by the District on the third submittal of plans, subsequent review by District staff may be billed at a factor of 1.5 times the standard rate without further notice to the Developer. The Developer shall submit final plans for construction in AUtoCAD format (Versions 2004-2011 only, on disk or via email attachment), and on standard print media (24"x36" or 22"04" size), prior to scheduling the preconslruction meeting. After the Developer has been notified In writing by the District that final plans and specifications have been approved, and all other necessary items have been addressed and resolved, the Developer and the Developer's Page 2 of S Description: King,WA Document - Year.Month.Day.DoclD 2013.402.1595 Page: 3 of 11 Order: I Comment: contractor shall meet with the District's representatives for a preconstruction meeting before construction is commenced. 9. The Developer agrees that it shall be responsible for providing to the District accurate and reliable information concerning the actual location of the facilities constructed. In furtherance of this obligation, the Developer shall procure from BARGHAUSEN CONSULTING ENGINEERS. INC., the licensed engineer or surveyor that the Developer has Indicated will be consulting on the construction phase of the project, a written statement, which shall be submitted to the District prior to scheduling the preconstruction meeting, stating that accurate data will be collected during construction of the facilities to enable the engineer/surveyor to submit actual and reliable "as -built" locations to the District, based upon the information available to the engineer/surveyor during construction and also by Field survey of the constructed facilities that are accessible at the ground surface. The Developer shall cause such engineer/surveyor to submit to the District, prior to scheduling the preconstructlon meeting, a certificate of Insurance for the engineer's/surveyor's Errors and Ornlsslons policy. The Developer shall also cause such engineerlsurveyor to submit to the District, prior to scheduling the preconstruction meeting, a certificate of insurance and a copy of an endorsement to the engineer's/surveyor's General Liability policy, naming the District as an additional Insured as respects the obligations set forth in this section. The limits for Errors and Omissions and General Liability Insurance shall not be less than $1,000,000,00 for each claim; $1,000,000.00 aggregate. At the conclusion of construction and prior to and as a condition of acceptance, the engineer/surveyor shall deliver to the District Its certification that it has made periodic field investigations and measurements during construction and that the "as -built" drawings submitted to the District, which drawings shall be provided in AutoCA❑ format (Version 2004 or later, on disk or via email attachment) and on original or fixed -line photo mylar, are accurate and reliable. The District shalt have the right to approve any change In the consulting engineer or surveyor during the project and the Developer agrees that the District may refuse any change in the consulting engineer or surveyor or may condition the same on resubmittal of the certification of location described above. No approval of any new engineer or surveyor shall be unreasonably withheld by the District. 10. The District will make application for the CITY OF FEDERAL WAY 'Right-of-way Construction Permit(s)'. The Developer acknowledges familiarity with the provisions of such Right-of-way Construction Permit(s) and agrees that it or Its contractor's failure to comply. with any of the provisions of the permit(s) shall entitle the District, in addition to the right to enforce any other remedy available to the CM OF FEDERAL. WAY as the permitting party, to immediately stop all construction activity on the right-of-way until the violation or violations have been eliminated and corrected to the satisfaction of the District and the District should not be held liable for any damages, either direct or Indirect, for the delay and expense of such work stoppage. The Developer shall procure all other state, county and city licenses or permits. 11. The Developer agrees this Agreement shall create a twenty -foot (20') wide [pipe(s) offset five -feet (5') from nearest margin) non-exclusive easement areas and right-of- way granted to the o1strict for water distribution and sanitary sewer facilities and all appurtenances related thereto, as indicated on water facility construction plans approved by the District for the project, respectively, through, over and across the Developer's property. This easement shall be maintained in full force and effect unless superseded and replaced by another easement as determined acceptable by the District. Page 3 or s Description: Ki.ng,WA Document - Year.Month.Day.DocSD 2013.402.1595 Page: 4 of 11 Order: 1 Comment: 12. In the event an easement is required over realty other than realty described in Paragraphs No. 1 & No. 11 herein, such easement, In form acceptable to the District, together with title report or other sufficient proof of ownership of such realty, shaller be delivered obligated to District prior to scheduling the preconstruction meeting• consklig t red is obtain a written release from any property owner across whose property performed pursuant to the grant of an easement, sufficient to indicate that the site restoration on the easement is satisfactory and complete. 13. prior to scheduling the preconstruction meeting, the Developer shall deliver to the District a restoration performance bond in a sum to be determined by the District after receipt of any required Right -of -Way Construction Permit(s) and/or after the determination of off -site restoration requirements related to the worts described herein, conditioned that the Developer will restore to the satisfaction of the District, and state, county, and city agencies as applicable, all work to be performed hereunder in public rights -of -way and the District's easements. Form and contents of bond shall be determined by the District. 14. Construction shall be performed in accordance with the District's approved plans, standards and specifications and only under the supervision of a licensed contractor experienced in the installation of water distribution system facilities and the related work. 15. Two (2) sets of materials submittals shall be submitted to the District as one package, bound and Indexed with a table of contents, for all equipment/material to be furnished for this project. Each submitted piece of equipment/material shall be fully defined by catalog number and reference made as to its applicable section of the District's standard specifications. Materials submittals shall be submitted prior to scheduling the preconstructlon meeting. 16. By execution of this Agreement, the District rives not guarantee water service will be provided to realty described herein. In the event that: any of the District's facilities, such as storage tanks, wells, and water transmission mains, become utilized beyond their design or approved capacity or become inoperable for any cause, the District reserves the right to refuse any connections which would use such Facility until remedial action has been for any direct or ages which o� urrl toedthenDeveloper rarising shall not be out of su such consequential the District's refusal to connect or�time delay necessary to take remedial action, 17. The Developer and its agents agree to indemnify and hold the District harmless from any and all claims which may be assessed against the District as a result of the construction or maintenance of the work described in this Agreement prior to acceptance by the District. The Developer shall maintain in full force and effect during the construction period, the following insurance: a. Commercial General Liability Insurance with bodily injury and property damage limits of not less than: $1,000,000.00 Each occurrence $2,000,000.00 General Aggregate $2,000,000.00 Products-CvmpleLed Operations Aggregate Limit Page 4 of 8 Description: King,WA Document - Year. Month. Day.DoclD 2013.402.1595 Page: 5 of 11 Order: 1 Comment: Business Auto Liability coverage for all owned, non -owned, and hired autos with bodily injury and property damage limits of not less than: $1,000,000.00 Each Accident A certificate of insurance and a copy of an endorsement to the Developer's Commercial General Liability Insurance policy, showing the District as additional insured as respects the work to be performed under this Agreement, shall be provided prior to scheduling the preconstruction meeting. Thirty (30) days written notice shall be given to the District for cancellation or expiration of this insurance. 18. The Developer shall notify the District the date work and construction described In this Agreement will commence, and said notice shall be given not less than 72 hours (not Including Saturday, Sunday, or national holidays) prior to such date. No water distribution facility shall be covered prior to inspection by the District. After work is commenced, it shall vigorously, consistently, and in a first-class workmanlike manner be carried to completion. The Developer shall maintain at the construction area at all times during construction, a representative to whom District notices may be given regarding construction. Said representative shall be designated in writing by the Developer Before start of work. The Developer may request inspectlons during construction upon two (2) days notice to the District. 19. Testing of water facilities shall be performed as required by the District and only after satisfactory tests have been completed and witnessed by the District's designated agent, will the work be accepted. The Developer agrees that at such time as the District has performed inspection of the water distribution facilities & system connections and has delivered itemized punch lists to the Developer and/or the Developer's contractor, that the project will be pursued to final completion, including the performance of all necessary site restoration. 20. Upon completion of construction, the Developer or the Developer's contractor shall deliver to the District a bond in the amount of ten percent (10%) of construction costs or $5,o00.00, whichever is greater, that a reliable contractor will make and pay for repairs necessary within two (2) years from the date of acceptance of said construction, arising from faulty labor or material. Form of bond is to be approved by attorney for the District. 21. Upon completion of construction, the Developer shall submit, for acceptance and approval of the District, Bill(s) of Sale for water distribution system facilities, mains and appurtenances installed and constructed pursuant tip this Agreement, in a form acceptable to the District, together with such other engineering retards and project cost data as may be required by the District. 22, As a condition of District acceptance of the project, the Developer shall submit to the District a non-refundable warranty inspection fee for water, as Set forth in District Resolution No. 2012-1211, or any subsequent amendment thereto, to be held by the District and applied against actual expenses of the District incurred to complete warranty inspections following the two-year warranty period. Page 5 of 8 Description: King,WA Document - Year.Month.Day.DocID 2013.402.1595 Page: 6 of 11 Order: 1 Comment: 23. In the event new or modified District easements are required over Developer's property described herein, such easements, in form acceptable to the District, shall be delivered to the District as a condition of & prior to the activation of any new or modified service connections for the property. 24. In the event the Developer requests and the District provides water meters for the realty described herein, prior to the District's acceptance of work, the Developer agrees to be solely responsible for any loss or damage to such water meters or their installation, which occurs prior to said acceptance of work by the District. 25. Work and construction performed under this Agreement shall not be connected to the District's water systems until all provisions and requirements of this Agreement and District Resolutions, on the part of the Developer, have been fully complied with. 26. The District and the Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall Developer be deemed an agent or partner of the District. 27. The Developer shall not assign this contract without the written consent of the District. 28. The District shall provide water service Following the District's acceptance of the water distribution facilities for operation and maintenance and upon payment of the connection charges as set forth and in accordance with District Resolution No. 2012-1211. Said connection charges shall consist of the Capital Facilities Charge (CFC), Service &jOr Meter Installation Charge &/or Deposit, and any other such charges levied In accordance with said District Resolution No. 2012-1211 or amendments thereto or any other applicable District Resolution at time service is requested. 29. The parties agree that, if determined applicable by the District, the provision of latecomer reimbursements for system facillties constructed pursuant to this Agreement will be handled by separate agreement to be executed between the parties within a reasonable time following acceptance of the facilities and establishment of the appropriate latecomer reimbursement area by the District's Board of Commissioners. Any applicable latecomer reimbursement period will be limited to 15 years, or longer, pursuant to the provisions of state law. 3v. Partial vaalver or w-lver by acquiescence by the District of any provision or condition of this Agreement shall not be a waiver of any other provision or condition of this Agreement. 31. This Agreement shall constitute an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Developer. This Agreement shall constitute an equitable lien against property described herein and in the event of nonperformance by the Developer, as stated herein, the District may foreclose said lien in the manner authorized by law. Page 6 of 8 Description: King,WA Document - Year.Month.Day.DocID 2013.402.2595 Page: 7 of 11 Order: 1 Comment: 32, This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. 33. Upon execution of this Agreement, the parties agree in the event either of them is required to enforce any provision or provisions of this Agreement against the other, that the prevailing party shall be entitled, in addition to all other amounts to which it is otherwise entitled by this Agreement, to its actual attorney's fees and costs, including those Incurred on appeal. Page 7 of 8 Description: King,WA Document - Year.Month.Day.DoclD 2013.402.1595 Page: 8 of 11 Order: 1 Comment: WITNESS our hands and seals. CELEBRATION SENIOR LIVING ASSOCIATES LIMITED PARTNERSHIP By Its�- Date: j 3 STATE OF GZ Sin K ] f Countyof rrC } IAKEHAVEN UTILITY DISTRICT King County, Washington D eiopme Engineering Manager Dated: I certify that I know or have satisfactory evidence that.. authorized to execute the signed this Instrument, on oath stated that was Instrument and acknowledged It as the -- of 4 ►+ L , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument, DATED: kbru 'mumPu lip Notary Public ] Title State of Washington CRISTA L STEEPY My appointment expires "1 My Appointment Expires Sep 28. 2016 ] For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. page 8of8 Description: King,WA Document - Year.Month.Day.Doc2D 2013.402.1595 Page: 9 of 11 Order: 1 Comment: EXHIBIT "A" LEGAL PROPERTY DESCRIPTIO _ (PER OLD REPUBLIC TITLE & ESCROW ORDER #5240004888-5, DATED JUNE 4, 2012 AT 8:00 A.M.) LOT(S) 4 OF KING COUNTY SHORT PLAT NO. 974009 RECORDED UNDER RECORDING NO. 7411220280, IN KING COUNTY, WASHINGTON; SAID SHORT PLAT BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THEREFROM THE EAST 12 FEET. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. TAX PARCEL NO. 172104-9004 Description: Xing,WA Document - Year.Month.Day.DoclD 2013.402.1595 Page: 10 of 11 Order: 1 Comment: EXHIBIT "B" Description: Ki.ng,WA Document - Year.Month.Day.DocID 2013.402.1595 Page: 11 of 11 Order: 1 Comment: a5a 3 .CiL10 ■ n.l w g0 r ySS .•]__c.� � Ui I V. 44: [rfifl-W Auv�t 7 ��iw � i LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION THAT PORTION OF LOT 4 OF KING COUNTY SHORT PLAT NO. 974009 RECORDED UNDER RECORDING NO. 7411220280, RECORDS OF KING COUNTY, WASHINGTON, BEING IN THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED; BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE SOUTH 88°45'02" EAST, 4.00 FEET ALONG THE NORTH LINE OF SAID LOT 4 TO A POINT ON THE EAST LINE OF THE WEST 4.00 FEET OF SAID LOT 4; THENCE SOUTH 01 *19'34" WEST, 196.99 FEET ALONG SAID EAST LINE TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 90°02'21", AND AN ARC LENGTH OF 31.43 FEET TO A POINT OF TANGENCY WITH THE NORTH LINE OF THE SOUTH 33.00 FEET OF SAID LOT 4; THENCE SOUTH 88°42'48" EAST, 558.84 FEET ALONG SAID NORTH LINE TO A POINT OF TANGENCY; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 90°03'59", AND AN ARC LENGTH OF 31.44 FEET TO THE WEST LINE OF EAST 12.00 FEET OF SAID LOT 4; THENCE SOUTH 01°13'13" WEST, 53.02 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 88°42'49" WEST, 602.94 FEET ALONG THE SOUTH LINE OF SAID LOT 4 TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 01 °19'34" EAST, 250.00 FEET ALONG THE WEST LINE OF SAID LOT 4 TO THE POINT OF BEGINNING. CONTAINING 20,937 SQUARE FEET, MORE OR LESS. Project Name: Celebration Senior Living May 20, 2013 Page 1 of 1 BDG 15878L.003.doc Exhibit: 15878 EXH 02-D E D. dwg `4 HIGHWAY CENTERLINE PACIFIC HIGHWAY SOUTH R/W PER cN SCC 02-2-19486-9 KNT A 1°=100' N UNPLATTED � z LOT B J KCSP 1076020 z REC. NO. 7612130623 LOT 2 KCSP 974009 REC. NO. 7411220280 LOT 1 2 L07 4 00 w Q KCSP 974009 M L07 2 d REC. NO, 7411220280 Q. y �o U L07 3 RIGHT-OF-WAY - DEDICATION 1 do 4� N N PARCEL B o 0 N o Z. s� PARCEL A J 0 0 J C7 z Q w m Q N M N 0 w n m Ln a z r C17Y OF FEDERAL WAY I 2 SCALE: For: JOB NUMBER HORIZONTAL 1"=100' VERTICAL N/A CELEBRATION SENIOR 15878 GFIA 18215 72ND AVENUE SOUTH LIVING ASSOCIATION KENT WA 98032 15878L.003.DOC Q] Z (425)251-6222 Title: (425)251-8782 FAX SHEET CIVIL ENGINEERING, LAND R/W DEDICATION err PLANNING, SURVEYING, �rec�x��, ENVIRONMENTAL SERVICES EXHIBIT 1 of 1 nFs1r.NFn I nRAWN KMA CHECKED BDG _ APPROVED qDG DATE 5 13 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION The North 30,00 feet of Parcel B, Boundary Line Adjustment No. LLA 01 -1 02624-00-SU, recorded under King County Recording No. 20011212900004, being in the Northeast quarter of the Southeast quarter of Section 17, Township 21 North, Range 4 East, Willamette Meridian. Containing 4,662 square feet, more or less. Project Name: Celebration Senior Living April 30, 2013 Page 1 of 1 BDG 15878L.002.doc j I Jr 41 REC, 1\10, 7411220280 30' R/W DEDICATION 4,662f S.F. (S. 328TH STJ PARCEL B LLA 01-102624-00-SU REC. NO. 20011212900004 PARCEL A SCALE HORIZONTAL 1 "=50' VERTICAL N/A G H A V 18215 72ND AVENUE SOUTH KENT WA 98032 m Z (425)251-6222 (425)251-8782 FAX s ? CIVIL ENGINEERING, LAND `tr8 PLANNING, SURVEYING, r ek�is+� ENVIRONMENTAL SERVICES For: CHURCH OF BLESSING Title: R/W DEDICATION EXHIBIT 1"=59 J O 0 J z a o' m a 00 n M 0 N O M N 0 00 r00 - 0 0 0 L0 LL JOB NUMBER 15878 15878L.002.DOC SHEET 1.af.1 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION Tract X", King County Short Plat No. 476075, recorded under King County Recording No. 7802230993, being in the Northeast quarter of the Southeast quarter of Section 17, Township 21 North, Range 4 East, Willamette Meridian. Containing 6,000 square feet, more or less. Project Name: Celebration Senior Living April 30, 2013 Page 1 of 1 BDG 15878L.003.doc 1"=50, Rrr, 1\10. 7411220280 Z Q m 30' R/W DEDICATION a s,o°ot S.F. 141 (S. 328TH ST.) f N. LINE SE1/4 r? TRACT "X"/ N r r CD E LOT 3 I LOT 2 j LOT 1 0 0 3 KCSP 476075 REC. NO. 7802230993 CI X w 00 r 00 • D. G1Ll 00 00 SCALE HORIZONTAL 1 "=50' VERTICAL N/A GHA V 18215 72ND AVENUE SOUTH Y S� KENT WA 98032 CIDZ (425)251-6222 _ o (425)251-8782 FAX u ? CIVIL ENGINEERING, LAND Grr �5 PLANNING, SURVEYING, I ENG iN�� ENVIRONMENTAL SERVICES For: 7° %z7 �C n CD R rsn��°� o af TRACT "X° Title: R/W DEDICATION EXHIBIT I*tjall i7 JOB NUMBER 15878 15878L.002.00C SHEET 1of1 DATE 4/3 Q 13 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION That portion of the Northeast quarter of the Southeast quarter of Section 17, Township 21 North, Range 4 East, Willamette Meridian, more particularly described as follows: COMMENCING at the East quarter corner of said Section 17; THENCE North 88°42'49" West, 56.23 feet along the North line of the Southeast quarter to the West margin of Pacific Highway South per Superior Court Cause No. 02-2-19486-9 KNT and the TRUE POINT OF BEGINNING; THENCE CONTINUING North 88°42'49" West, 188.20 feet along said North line to the Northeast corner of Tract "X" of King County Short Plat No. 476075, recorded under King County Recording No. 7802230993; THENCE South 01°13'33" West, 30.00 feet along the East line of said Tract "X" to the South line of the North 30.00 feet of said Southeast quarter; THENCE South 88°42'49" East, 188.20 feet along said South line to said West margin; THENCE North 01°13'13" East, 30.00 feet along said West margin to the TRUE POINT OF BEGINNING. Containing 5,646 square feet, more or less. Project Name: Celebration Senior Living April 30, 2013 Page 1 of 1 BDG 15878L.004.doc R r (c, LOT 1\10, 741 1220280 30' R/W DEDICATION 5,646f S.F. (S. 328TH ST.) magm J 1\l.PI A7T r D oD G i&7fB IST; � L LAtO SCALE. HORIZONTAL 1 "=50' VERTICAL N/A G►-IA 18215 72ND AVENUE SOUTH KENT WA 98032 COZ (425)251-6222 o (425)251-8782 FAX CIVIL ENGINEERING, LAND s,r` PLANNENVIRONMENTAL eHaiNE��s ALV SERVICES cn r7 17 ro L — CD �16 " O � z Y E f z rnof w a) 00 F- +� N O � U I U � V) O = S of W X W U o- LL O a For: LENNOX REALTY INC Title: R/W DEDICATION EXHIBIT 00 O O I � i LL JOB NUMBER 15878 15878L.002. DOC SHEET 1of1 DATE 4 D 13 . Name: BOUNDARY North: 116109.3718' East: 1271385.9261' North:116109.4590' East:1270709.9488' Segment #1 : Line Segment #1 : Line Course: S88°45'02"E Length: 258.70' Course: S88°45'02"E Length: 602.48' North: 116103.7308' East: 1271644.5646' North:116096.3218' East:1271312.2856' Segment #2 : Line Segment #2 : Line Course: S01°14'58'W Length: 217.17' Course: S01°13'13'W Length: 250.39' North: 115886.6124' East: 1271639.8292' North:115845.9886' East:1271306.9532' Segment #3 : Line Segment #3 : Line Course: N88°42'48'W Length: 238.97' Course: N88°42'49'W Length: 602.94' North: 115891.9784' East: 1271400.9195' North:115859.5245' East:1270704.1652' Segment #4 : Curve Segment #4 : Line Length:31.43' Radius:20.00' Course: N01°19'34"E Length: 250.00' North:116109.4575' East:1270709.9509' Perimeter: 1705.81' Area: 150796 Sq. Ft. Error Closure: 0.0025 Course: S54°54'04"E Error North:-0.00146 East: 0.00208 Precision 1:682324.00 ........................ u....................,..,,,.,. Name: LOT 1 Delta:090°02'21" Tangent:20.01 Chord: 28.29' Course: N43°41'37"W Course In: N01°17'12"E Course Out: N88°40'26'W RP North: 115911.9733' East: 1271401.3686' End North: 115912.4362' East: 1271381.3739' Segment #5 : Line Course: N01°19'34"E Length: 196.99' North:116109.3734' East:1271385.9328' Perimeter: 943.26' Area: 56105 Sq. Ft. Error Closure: 0.0069 Course: N75°52'49"E Error North: 0.00168 East: 0.00669 Precision 1:136704.35 Name: LOT 2 North:116103.7306' East:1271644.5624' Segment #1 : Line Course: S88°45'02"E Length: 339.78' North:116096.3217' East:1271984.2616' Segment #2 : Line Course: S01°13'13'W Length: 197.37' North:115898.9964' East:1271980.0584' Segment #3 : Curve Length:31.44' Radius:20.00' Delta:090°03'59" Tangent:20.02' Chord: 28.30' Course: S46°15'13W Course In: N88°46'47'W Course Out: S01°17'12'W RP North: 115899.4224' East: 1271960.0629' End North: 115879.4274' East: 1271959.6138' Segment #4 : Line Course: N88°42'48'W Length: 319.87' North:115886.6100' East:1271639.8245' Segment #5 : Line Course: N01°14'58"E Length: 217.17' North:116103.7284' East:1271644.5599' Perimeter: 1105.62' Area: 73753 Sq. Ft. Error Closure: 0.0034 Course: S47°28'53"W Error North:-0.00229 East:-0.00250 Precision 1:325185.29 Return.Address: City, of Federal Way .� • Artn: An� Dower 3325 S Ave S i 1 Federal Way;::WA 98003-6325 1 0 300+, ■ city of FEtsERA wo PAGE-001 OF 004 .53 KING3/2013 C0uNTY,4WO 1534026 " KING COUNTY, �'10.60 PAGE-001 OF all, Sig STAtUTORX WARRANTY: DEED Grantor (s): CELEBRATION SENIOR LIVING ASSGCIA-TEE LIMITED: PARTNERSHIP, a Washington Limited Partnership Grantee (s): CITY OF FEDERAL WAY, a Wa�,hingtnn municipal corporativn ' Property Legal Description (abbreviated): A ptn of Lot 4, icing County Short plat no' 974009,.recorded under recording no. 7411220280, records of King County, WA Additional Legal(s) on'Exhibit A Assessor's Tax P&ppel ID#(s): 172104 9004 �THE.GRANTOR(S), CELEBRATION SENIORLiVING ASSOCIATES LIMITED PARTNERSHIP, a Washington Limited.. Partnership, for and in consideration of The City of•1~ederal -Ways approval of a building permit For constm&iOn 0a senior living Facility and othergood and valua*considimtion, convey(s) and.warrant(s)to the.ZIT.Y OF FEDERAL WAY, a Washington municipal corporation, all of their right, title and interest, and any 4-fter-ac4t led interest therein, in and to the following described real property situated in County cif Kings 9tatie of Washington: Full legal d scriptlon Qf Vroper%y attached hereto as Exhibit "A'', depicted as Exhibit "B", and incorporated herein b)tAis reference: 3 � 20 %T _ day of CFLEBRATIOAI SENIOR L..[VfNG ASSQCIATE LIMITED VARTNE"H By: Bryan Park, MaiiagerofYhe Gieneral Part.6gr 201 27"' Ave SE Puyallup, WA 98114. STATE OF WASHINGTON ] ss. COUNTY OF PIERCE ) On this day personally appeared before m ryan Parts, to rne,known to be the kanager ofthe General Partner of Celebration Senior Living Associate the limited partnership t1*t executed, time :Foregoing .inst>itment, and acknowledged/ the said igstrument to be the free and volunt,�- akt,and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorised fo execute said.i:nsttumdnt and that the seat affixed, if any, is the corporate seal of said corporation. + 'GIVEN my. hand=and official seat this day of , 26 N- A�o V I notary signature) (type&printcd name of notaty) 910Z '6Z daS saiidq IuawiuloddV AIN Ad331S 1 V1SIWO Notary Public in and for the State of Wa$hington,- uoleusgseM to atets My commission expires I fe 3!IRnd ARION G:\1awfonns\dLeddcV.doc 08/04 v Exhibit A LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION THAT PORTION OF LOT 4 OF.-KINQ COUNTY SHORT PLAT NO- 974009 RECORDED UNDER RECORDING NO.. 741 i2Z0280; RECORDS OF KING COUNTY, WASHINGTON, BEING IN THE NORTHEAST QUARTER :OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN ICING COUNTY, WASHINGTON; MORE PARTICULARLY DESCRIBED; BEGINNING AT THE NORTH_ WEST CORNER OF=SA10 LOT 4; THENCE SOUt'14 88°45'02" EAST, 4.00 FEET`ALONG THE NORTH LINE OF SAID LOT 4 TO A POINT ON THE EAST LINE OF THE WEST4.00 FEET OFSA$0:LOT 4; THENCE SOUTH.01'19'34" WEST, 196.99 FEET ALONG SAID EAST LINE TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY ALONG THE ARC: OF A CURVE TO THE LEFT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 9V0221". AND AN ARC LENGTH OF 31.43 FEET TO A POINT OF TANGENCY WITH THE.NORTH LINE OF THE SOUT}4.33.1]0 FEET OF SAID LOT 4: THENCE SOUTH 88'42-48" EAST, 558 84 FEET ALONG SAID NORTH LINE'rO A POINT OF TANGENCY: THENCE NORTHEASTERLY ALONG. THE ARC OF A CURVE TO, THE LEFT, HAVING A RADIUS OF 20.00 FEET. THROUGH A CENTRAL AN---GLE--OF 96'0T59".,-ANq AN ARC LENGTH OF 31.44 FEET TO THE WEST LINE OF EAST 12.00 FEET OF SAID LOT ,4; THENCE SOUTH 0I'll T13" WEST, 53.62-FEET ALONG SA0 WEST LIME T.Q.-THE SOUTH LINE OF SAID LOT 4: THENCE NORTH 88'42'49" WEST. 602.94 FEET ALONG --THE; SOUTH LINE —OF SAID LOT--4 TO THE SOUT`HWEST•CORNER OF SAID LOT 4; THENCE NORTK 01019'34" EAST, 250.00 FEET ALONG THE WEST LINE OF -SAP LOT 4 TO THE POINT OF BEGINNING. - CONTAINING 20,937 SQUARE FEET, MORE OR LESS - Project Naive: Celebration Senior Living May 20, 2013 Page 1 of 1 BDG 15878L.003.doc Exhibit: 15878 EXH02-DED.dwg Exhibit B tO HIGHWAY CENTERLINE PACIFIC HIGHWAY SOUTH/w PER SCC 02-2-19486-9 KNT 1':i100' UNPLATTED LOT B KCSP 1076020 z REC. NO. o 7612130623 J G7 3 C L0T 1 KCSPff974009 i R1=C. No. 7411220280 LOT Y E a e ' o w LOT 2 KCSP 974009 REC. NO. p C3 x ya1•r2�o�st� ° � � PARCEL B PARCEL A RIGHT-PF-WAY DEDICA nI 2 90 SV A 4' g N — j CRY OF FEDERAL WAY m SCALE: For. JOB NUMBER HORIZONTAL 1"=100' VERTICAL N/A CELEBRATION ' SENiOR ' 1.5878 4tGtiA V5• 1821 Y2A 98032E SD11T14 LIVING ASSOCIATION 156?sL.0o3:D0c mP Z (425)251-5222 425 251-8782 FAX Tltle: SHEET. -- r CNIL ENGINEERING, LAND R/W DEDICATION PLANNING. SURVEYING. J! *a0lee ENVIRONMENTAL SERMCES EXHIBIT Id � y - .:1 �•. .fir Y . ti• ! ..t,V, �" v �� Lti fa.i'y�r :3•J7•••,��5 �' .1--.��:)�'" r.•. v.-•w:." w; sr; :'°.: .:�Nrz�3Y?��.s. r,� Alt [.'.':';' "J ��:•�,�'! �; yfi ' M•�•_••: {.;n7 S: r vi'n3 % �. iiiu'"f i~Li. ;r% t BY 'Pt S� P ST ,that tlze^ ixuatirei�gi d= ;; 3 Pyi& out ZZPAIn'. 7?IC. �is1Eb+�KCS P�+1rsr+= F3u��Cr a��dY�C3� r INC i�ti:it;;il` i1i'�VgI,U''frl:iT iLi%l :�;�ll�is[J"r ''►T_.(}[Ii�;;'}!s 'j ;. 3rfer cl = LIZ A A f_o' RDI AID S, a;nd l i1Yiial.�—PJ and O�=UW 1, P l-b I -X his U S C` :ta.r:I, :Li U wife i>t+ psis h'1'I3i [1 i iT"[i + Q'; 'ice r�Ths _ In DRAF$UT%Ii�i.L, a: �ingla >~an, ry Zix �l '•�,ie, tt.l:i��.�'+: 1'�li�CC:tU� ,Ic, tu1G_".►1li cL PQl:iaii GT his SY•i�8'sf ti[: ssrr:cr a� or 11arint,. �n iiitereot in roel: eStats situated ; osn7:lhip 21-iox"Gh, hanhe 4,Piing Lour-ty:; :�;;i:ir won, .•,i,i 0JP-cn decir°n1 to create for the use and benefit i _!- o'' pile arecert and Future property ovrmers of said Section 1•,• , ; : �;:;�lr -,rcjvision inr : aa:ivr�:y and utility acce as to end from :•cner:ie: iL :n-ici per. fan 17, for and in tho conoiueratiom �_tr_ ri[�TI'_2 . •.. ?' �'`:1 r,71C. zrufficieut con3iderc;-tior., tmd of �o eo.ci, _;"a -into each �'_.. 1lii�•G . '' 1 vl _71C %2'C: !'..^.t t' .l: fUiJ.r C C':;:C1'3 Of :j]yV t. .._•r:. _. .._'C:._t.t: '_i , :C'a:.:I'i�.j: ��. oo3.`h, lv'n[';C% 4, _,.•tl.4i. es�s:. _r,=._ �•..^.-oesr:� ic.� in.•ress ane: ef:ress r?rc far . - _ - _ :.� � _ e?rE: •, „'ail er, seer, telepP:one I e.�'s or c'i 7 .c_^.(. je �O1 il':!'_ �COc2'ibed Trpct3 OT•' . _7, ;o• ..._ ._ _�. ..r,� , ., n, t .'[r.. , �inE: County, i 3 2 ^.'. .-Cut': C:: Z}.c 1/ fr, ld-,' ,ii ?t;wific .iC:�•�i}1.a*•clt-on; 1- 32`C' -- ",. -.L`� t?: ,u ft CYO i:%ic- Ji -" 1/4, lLl-;-:i P5•ci fis Ki-;t7?'!�y d f *nu •I •.::..l.J OLL.I-e:aant to i:onnevi—S-1) ncini.'niotratioll: } 3�� ° _ o • i le JouYh 30 f 4 of the H 1/ 4 of the i:s. 1/4 0� the ✓ ! Pi-ci fic-"i(hvray; 33D 'S. i'it^ ,;or-th 30; ft o" the :.. 630 ft of the S 1/4 of zue_ V _� 1/4 of the t; : 1/4, 1,Z35 Pacific HirhWaY; f 3 '^ 5. The S,; 1/4 of the SDI': 1/r'r of the. Si?, 1/4, ItIZESUB l RM7 lTTED; :{ � u3V ^t' ti_vreof; . MAR 2.1 2013 CITY OF FEDERAL WAIF••': CDS- ROOM IM 'T Ot 6 the B'36o ft o 1 tjac 1-1/2 9 6. The 71 60 :f tu Of thO 11 30 ft �haravf; of the 1— 1/4 Of the SB 1/4, Nc tILa Sri 1/4 the NE VA. B _3 0 't, of �"'S f 01; 1/ jXsS the 5 30 ft thel'o !m_lo 5 30 ft of thri N 1, 2 of the S'; 4 of the NE V1, r The 11 30 ft of the 6 1/2 of the EM 1/4 of the 1-0 1/4 f V// Tl!e 3 30 ft of the 1; 30 ft of the Wil 1/41/4 of the 1/4 Qr -lie j:� V4; 'he i; 30 't of tiro 5,.1 1/4 of the IIE 1/4; N.E 1/4. 12. T) &c W 3 L' It Of the TE 1/4. of Lhe I F- QQVe f f deoc t o o. 2 zbove ft -60cl-in-uion ,o. 4 above; Uk,' -,CrV! ,iori ;tbcjvrz; �01 L;o t ri bnvc, 1 1 U r) 3.1 L"DOVO• to p-.(, ;'ound Po,162.. arid -',it to install, Vices an jectric lin6 incD16-i-Ij. LCC , riLIO'I'V uue 01. -Lovjc_rL;, fixturc.-s, and to keep L;,;.-id tcr:�ercnce -?,ro.m troe orOZI, or grovrtli on the it nrcud!icu, fixed by locating the 2 • %FW • 's -m."•7:: .'�••�r•-:.r by ';rr:rP. [r� It w :a'F..�::: .. _A.;: ':a •L ✓. - - -.t. '�sr•:rr'ti :-.'�-w.ts•'•i; r`,`• Y►:,:�::Yr:i��s;`��"'=• cs;terniro,rf vlid Plea'kip#.a:;tmmadea1:�oia-liu*'V:ad;,rouoi�i :. 24. ft HoartH of .the. -'South line- of `:the IM 3/4 .' Ur. .ft,fir. of tba iierth Iiije of. ihs -ioi. 4; '24 ft p;or'th •of the ss it c;j s3'- ~ of the BE -2/4� of . the NN I A . of the sE 1/�; 24 ft' t: 6t �f irk' - iiest Sine of the 5 �,/A .of%the US 2/4' of the �- 3/4_v:AN :24-' . North or the Uouth" tine of 'the. � ,],�'2 of tu(a Svi �,/4.: of �ha• 2/4 of the �s.l.i'4, �ij+ is said c�ctioa l?, .�ovruship 2Z"T�ortiiif = County p VIe ahington, ;•s ri-eLdtu ;, i Dwea-er, -QuIiNqsqid Pugot Sound Power andliight Co a22W eu3 , t ,a realionsibikity for any car-mge caused by the neg- s' • , '3r.; ;1 ;ie:: do furt;:er crunt permission to the )take Center i."r C-orl•'•L`: , itz :.acccusol—u end acuiCns, to conatract, z.-- ir. rd an-t:r«te a TrLtor pipeline over, ,indpr V d aoroan the I• ..., . r.��ir. [:..IC.•i:rEr: wn; ittilities, :azbjrct, ho'rrever, to said t}sE:: the cottztruction and maintainence will i.•. ..-:.;+:.t ;:: ;r.v:ItIIer a:; to ceane noinjury to theproperty by t.il:ci:ini,, layinz- pips:, bt.ckZilling •:Jf Qi[ n'�ine, !inn' -.*Le =_'tirther aj ree=enT -that iiU, rer act: �In (,00ti cor__�2 tio:! fnriy improvoi:ienz b- Vie ._,r,,4nxec c:onotr-action or :"I ti.onn, con:Ltionz t.:na covenants, herein are .;L'1r:G; a S:C;�t .'':.• :i! lets C(POU'LE rigs running, + it"a tiiC i:•Zd, irir-ding •.::4:: ,,.: �S rr'L:riLar_, horeia, ljs eir k-eiro, Finc. sienions, nnc for the arr. .:.Yia ctonef4t or «1 _rre:,ont ::nc: :Putuxq- oeners of any portion -.rh of %he Parties hia*eto uot:a further agree and covenant ;:or nimwlf, hic, heira anti a.©uigus, that he will' join at any time },ereafter uron request frog any party hereto, their heirs or assi:_?sss, }n a conveyr.nce of IhO aforedeacribed property to the -3- 4A LT .4: at --Z•+ich- tine as the, dolmiy Of-xlmS::Ls-+ "covot the conve ce'- of "jaid i-rt, 'the yen prop at liaizvl',�irmnce of --mblic .roads theredn. vre have here=to vot.our herds 1956. idw liji P?A-R!'�. V, &Jix INN JT� - Seerr-ta%7 i3"14� xx"LUL I AA 1Ca I A SU 01, Reftifto —.7 3 C t a ............ mt ;,,F Mrl L. Phix-lips ,,',.J.'%Of.r 0,;Auendorf liftnol P. UrAE'adoi-f e-r! Alfret. Polmlroo .6mgelina llo!U-Aroo % Mrzk 92 �n. STME Or—W County of On thiy or� Public in and Isar the State of a bdslaty to me known to I-,- the indi4itlt W-1 L described ie ttn&6vha'"t-4 tb- that vigmed and settled th a said instrument therein mentioned. WITN'M iny hand and official Peal hereto affixed the day im . . . . . . . . . . Veda r A '994 . A I 'rzJ 1__; - STATI: ()rjjarhj=gLon_. 7 Carr th" ..day of A. D. 19-5-Atort me: the under- N."t.11? !'0)i:" -n mael F-jr the, State of 'Q'A a h I g3 sr. on duly- commissioned A".1 llft.+rn apptIvcd rZonald - ;0 1 i X1 4 and gja Uirtill S H,_ — . . mr J, w, --a j he dle Pvc.,itl ent nad_ -._,_.Secretary, respectively. of -;.We -n-Air. - Park--Compaay I=. %�r k.tr-! the f,7. egoi nv inmirvinent, and acknowledged thei safd instrument to be the free and volun• for th� UPIC-1 and Purposci .0d- on oath stated thatth he LhOSr - - 1 _; �d mithorized to ;.,rule the said instrument and du_tfq7w if -the corporntz,xcal oo a en} 6.sr-.4 rind official 60.111 hereto affixed the clay hnqv�ati &60VL written. .%Wmry PuMic, t9* State or%�Llzxston 4" ..—Seattle (Achr~I-demo,, - by C.Ppormicn. Washinvon Tole Inaurance Company. Form L 24) D. 19-5b. Wore me, the under- StIlIC duly, commWontcl and iienrLa prtwipaii) wj%z%v,-wtd_."jter. -0steadori 11, gne koi�-rl top fir t),f._.,, ". "—..._fereairfaett ttnd re*P"rivoly, of �,gmib - -F-LyIng-Sery ic a,-- Inc -•,o'pvva!irm 4_1 C%krentr4l the fomgn;ng instrument. and nclenowleclized the said instrument to be the free and volun- 4tt .04 &c4i rJ "A ev'Poration. for the was end Putorduelf sherrin mention and em oath stated thaL-tble t 4 r corporate leaf OF s ha_ ;�,uthc;rizrd to execute the said instrument ent and that the, a ' a - the said 1:-oLf6 My A.,nd and official &cal herpto affixed the day and written. V notary PubGe (Ack#wwWgmmt by co"ristion. Washinstion Tialo Insurance Company. Form L 29) ._, - .. •:.rl.r..' ',.,._ '�;,y.,�yEr7:; ,'�. rr:"" �y,,:.r-. .:Zr:.�...:r::.r�l•�"l�. r„�rf _ _ ..1.... ... -• ti::��. y. � - � : `- ..".yT,t . �� spy... r, 1� • ti�".."r:{.i..f� .s✓��. y f .. .�.t.-.' w1ex.:�w«-_: -+`. �•�--wi;++�...��.'ww:.ii..�+4.�.r........!.'w.�!+4+•_.w.ry..� T�ttiy R. ti fATE .OF on �•: 1 Catoaty of rJ`' �, • `� _ .. � y�. _ = � ti �• � �` . Qa t!t' Z X. D. -J,9„Sb. before ,ae.:tfte'tittdee aiyrted.'6 �iary Public la and for the Stete•'a -, .} d e+"a^t pcyar►ally +ppeated.�4l■ g _�#.�._-- dngp coot otuaadaaled i ■ - - 'arid Z �i� ltnededpir tee klto�rn to be the _ �� rWfdoat and --.- .v _. �, ly3rera�ct ❑nvntw �.. eetetaty. respectively, a Ar su-Fora`oon thae cc*.-utc4 the foregoing in*uurnem and nr.�cdgvd dsa ssid iristrument to be the free and volun- t,. :,,.. rF ari ervF dent n; .rid rvrpoTgtion, for the uses end petgoroe therein• r�+d'14. auehoritcd ra execute the said instrument end ad on oath stated that he �e� Is the corporate teal of said CC+fD�+rEltiaZ. 7 T r S N3r71 NEM mr }taro1 and offiriol yea! beret,, effized eRa any and)' -,4 Notary 7 0 -STATF_ Or_ +r?S_birrrLCa_ written. �.- . ,.. e'■w;■n.i�fgir+ireStst■ et tdnoh{riot r,.. JA •�r}r•rrri�iwg o+ $9��e��4h Us, tiro. _ . _� i;a� _._.deg ef. _. r r,ts: u�ty . _A D. 194E- beforerne. the undersigned, a Notary i Am Ior dhe .`-atc.,f __ _, tjrA�,c r duly commissioned and sworn paraonalIx appeared it s: . i`:-tiuiPr. la-vares! L. Phillt�, snarl A. Martin hazel U. bartin, ors:.. v x ► t-.a�`y�a. XY ran , c . e.>ar+Flzn•,wrt r7 ,fr .n.lrot�unr c r•crth►.3 in end ti+ho eaexured the foreVCMC h rerm enL and acknowledRcd to me ,.hay L . he.. i + rr qs a...y q"1-4 t1j, ..;.I inAtrurn.nt na_- ti.)le iL(ree and voJUUb*7re* ad deed for the uses and purposes �_W%�.16_ Res b*n.: wf.4 OrFitr.� gr.rl r . '.�s�'.+G.- : 1 '• A r :� ,rFtt:ed the Jay and ytnri,Y�mtaec�uu�reii6ve written. ?:.rer, fiu6iji�l,r,rra� Fs,fbq$titr ai ' STATIE. Of Caatetyo! San ?.Satep" On 9his - ..day of _-:7 �Z"�- •_ _ ,A.D. 19 ; ' before true, the undersi.,,•tted, a Notary PatL9ic M sad for tiie5mste vf.. Le,-2•r f='_._-� duly commissioned and sworn personally appeared wJ a %t. &;l.='il:u_f)irscr N^ one known so be Ahr uuJividual•U dc.crihed its and who .:x :euted the foregoing instrument, And Aeitnowledged to tee ., that _._he-_�_ signed &PJ or;sled the mid instrument Aa z C' lr-__Free and voluntary Actand dc+d for dwusev and patposd shelcia ' %•TrKESS Irw kosv..' and nfC-0 "At hereto Affized the day and year' this e t,ser for Fera� �'f SG /�flrt+l 1M� Cl p Notary PYW:s in ■nd�'�p CJti�1� roridinPat_..�L=s ++�+T— lAclanw sdsruset 6y lad m4ml. Workir4rtea TItEr lswro■ao Cotaosay. i s L iS �) RECEIVE® Owner's Policy of Title Insurance DEC 19 20iZ American Land Title Association Owner's Policy 6-17-06 * * CITY OF FEDERAL WAY Policy Number A46014-OX-151684 * * CDS * Issued by Old Republic National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company * under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by (1) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly fled, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding an the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (4) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Issued through the Office of., Old Republic Title, Ltd. Old Republic National Title Insurance Company 19020 33rd Avenue W., Suite 360 400 Second Avenue South Lynnwood, WA 98036 Minneapolis, Minnesota 55401 By pIBS1fl9fit AiCaSf � � S"Y Authorized Signatory EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental polite power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in Public Records that vests Title as shown in Schedule A. ALTA Owner's Policy (6-17-06) / 11 Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, Minnesota 55401 SCHEDULE A Policy No: A46014-OX-151684 Amount of Insurance: $ 1,050,000.00 Order No: 5240004888-5 Premium: $ 1,448.00 Date of Policy: October 9th, 2012 at 3:48:00 PM Address Reference: Vacant Land, Parcel 172104-9004 Federal Way, WA 98003 1. Name of Insured: CELEBRATION SENIOR LIVING ASSOCIATES LIMITED PARTNERSHIP 2. The estate or interest in the Land that is insured by this policy is: Fee 3. Title is vested in: CELEBRATION SENIOR LIVING ASSOCIATES LIMITED PARTNERSHIP 4. The Land referred to in this policy is described as follows: Lot(s) 4 of King County Short Plat No. 974009 recorded under Recording No. 7411220280, in King County, Washington, said Short Plat being a subdivision of a portion of the Northeast quarter of Section 17, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT THEREFROM the East 12 feet. SITUATE in the County of King, State of Washington. Page 1 of 4 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No A46014-OX-151684 ALTA Owner's Policy (6-17-06) SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: Encroachments, or questions of location, boundary and/or area which an accurate survey may disclose. 2. Easements or claims of easements not disclosed by the public records. 3. Rights or claims of parties in possession not disclosed by the public records. 4. Any lien or right to lien for services, material, labor, and/or contributions to an employee benefit fund or State Workers' Compensation that is not disclosed by the public records. 5. Exceptions and reservations in United States patents, Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements and equitable servitudes. Water rights, claims or title to water. 6. Any service, installation or general connection charges for sewer, water, electricity, telephone, gas and/or garbage removal. 7. General taxes not now payable; special assessments and/or special levies, if any, that are not disclosed by the public records. 8. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following For Roadway Recorded February 2, 1956 in Official Records under Recording Number 4660593 Affects As constructed and described herein 9. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following For Roadway and utility access Recorded March 22, 1956 in Official Records under Recording Number 4675062 Affects As constructed and described therein Page 2 of 4 Page OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 10. Policy No A46014-OX-151684 ALTA Owner's Policy (6-17-06) Terms and provisions as contained in an instrument, 11 12. Entitled : Short Plat Recorded November 22, 1974 in Official Records under Recording Number 7411220280 An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To Puget Sound Power and Light Company For Electric transmission and/or distribution system Recorded July 9, 1976 in Official Records under Recording Number 7607090484 Affects The South 30 feet of the East 300 feet An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To King County Water District Number 12 For Water mains Recorded February 3, 1977 in Official Records under Recording Number 7702030700 Affects As constructed and described therein 13. Covenants, Conditions and Restrictions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Title 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, as provided in an instrument. Recorded May 26, 1998 in Official Records under Recording Number 9805260348 14. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To Lakehaven Utility District For Water facilities Recorded February 19, 1999 in Official Records under Recording Number 9902191364 Affects As constructed and described therein Page 3 of 4 Page OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Policy No A46014-OX-151684 ALTA Owner's Policy (6-17-06) 15. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To Lakehaven Utility District For Sewer facilities Recorded February 19, 1999 in Official Records under Recording Number 9902191371 Affects As constructed and described herein 16. Matters as contained or referred to in an instrument, Entitled Statutory Warranty Deed Recorded November 1, 2004 in Official Records under Recording Number 20041101002033 Which Among Other Things Encroachment of Travel Lodge sign located on the Southeasterly Provides corner of the premises as disclosed by Barghausen Consulting Engineers, Inc. Survey under Job Number 7118, dated March 31, 2000 Page 4 of 4 Page OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Attached to: 'INDORSEMENT Policy No: A4 014-OX-151684 Order No:5240004888-5 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY '♦ * a Corporation, of Minneapolis, Minnesota The Company hereby assures the Insured that the Company will not deny liability under the policy or any endorsements issued therewith solely on the grounds that the policy and/or endorsement(s) were issued electronically and/or lack of signatures in accordance with Paragraph 15(c) of the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not (1) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned: By Validating Officer OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371-1111 By Attest President Secretary Page 1 of 1 Pages CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), at decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. 0) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force In favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (h) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sale discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any othe --)ful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. S. DETERMINATIOA D EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for casts, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not over the loss of the Insured Claimant, the Company shall defer one exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured W indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules'). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE-NT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499.