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14-103317 (2)FILt CITY OF Foderal Vft Sean Mallon Pacland 1505 Westlake Avenue North, Suite 305 Seattle, WA 98109 smallon@pacland. com RE: File #16-105245-00-UP; PROCESS 11'SITE PLAN APPROVAL' Gravity Coffee, 33370 Pacific Hwy South, Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor TheCi�y of Federal Way's COMMUnity Development Department has completed administrative review of - W�Takwsllugh and walk-LIUC restaurant ii-n[vovernents located at 33370 Pacific Hwy South. The Process 11 land use application submitted on October 31, 2016, is hereby approved as the proposal rneets site plan and community design guideline criteria set forth in Federal Way Revised Code (FWRC) 19.60.050 as found in the enclosed Exhibit A - Findings for Process 11 Site Plan Approval and incorporated into this decision. The remainder of this letter outlines the zoning and development review process required for this proposal, condition(s) of approval, and a surnmary of appeal procedures. REQUIRED REVIEW PROCESS The proposed improvements to the site are Subject to Process II Site Plan Review pursuant to fast food restaurant use review process requirements set forth in FWRC 19.220-020. The proposal does not exceed the city adopted flexible thresholds set forth in FWRC 14,15.030(c) and therefore, is exempt front review under the State Environmental Policy Act. APPROVAL DURATION Unless modified or appealed, the Process 11 decision is valid for five years from the date Of Issuance of the decision. Time extensions to the decision may be requested prior to the lapse of approval following the provisions listed in FWRC 19,15.110. The improvements must be Substantially completed within the five-year time period or the land use decision becomes void. APPEALS The effective date of this decision is December 24, 2016, or three days frorn the date of this letter. Pursuant to FWRC 19.60.080, any person who received notice of this administrative decision may appeal the decision to the Federal Way Hearing Examiner by January 9,�ZK�Y 3PPea MY e in tie � Orin ofaIetter delivered to the j)epartrnvnt of C6minuftity Develb�prneftt withthe establisfied fee. The appeal letter must contain a clear rd6itftce Wilie ma"r being appeo 6darid � stathm&nt ohhe alleged errors in I I the Director's decision, Including the identification of specific findings and conclusions rnade by the Director disputed by the person filing t�* Mr. Mallon December 21, 2016 Page 2 No work on the proposal may begin until the end of the appeal period. However, in that you are the only party of record, your appeal period is waived (assuming you do not wish to appeal this decision)- Waiver of the right to appeal does not affect the effective date of this decision. CLOSING This land use decision does not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. This Process If approval does not constitute approval of a building permit or authorization to clear and grade. If you have any questions regarding this decision, please contact Becky Chapin, Associate Planner, at 253-83 5-264 1, or becky.chapin@cltyoffederalway.coi-n. Sincerely, /U--:— Brian Davis Community Development Director enc: Approved Site Plan and Elevations Exhibit A 'Findings for Process 11 Site Plan Review Approval' ca Jeff Parker, Cadence Capital Investments. j parke r@i. cad en cecap. com Travis Cheshire, PacLand, tcheshire@pactand.com Becky Chapin. Associate Planner Kevin Peterson, Engineering Plans Reviewer Eric Preston- Senior Traffic Engineer Peter Lawrence. Plans Examiner Brian Asbury-, Lakehaven Water & Sewer District (,-I 0>24-QO-Lj P Doc I D 7�Oi7 ,q "o CITY OF Federal VVay . I I I 1 11 M-MIXTAIMMIrMM r"5111gasal I The Director of Community Development hereby makes the following g findings pursuant to content Z:� requirements of the Process 11 written decision as set forth in Federal Way Revised Code (FWRC) 19.60.070, These findings are based on review of existing city documents and submitted items by the applicant received October 31, 2016. ass - a L Comprehensive Plan & Zoning Designation — The subject property is within a Community Business (BC) designation. The applicant's proposed fast food restaurant/coffee stand use is permitted within the BC zoning designation pursuant to FWRC 19.220.020, Entertaininent. 3. Review Process New fast food restaurant uses located in the BC zone are subject to development review procedures of Process 11 'Site Plan Review' set forth in FWRC Chapter 19.60. Process 11 review requires no public notice period and concludes with a written decision issued by the Director of Community Development. Appeals of the Director's decision are conducted by the city's Hearing Examiner. 4. Environmental Review — The application is exempt from review under the State Environmental Policy Act (SE A) as it does not exceed city adopted flexible thresholds set forth in FWRC 14.15.030. 5. Height —The height of the tallest parapet is 20 feet I I inches above average building elevation. The Z:1 11:� height of the structure is below the 40-foot outright height maximum per FWRC 19.220.020. 1� ZD 1-k-equired Yards and Lot Coverage,, — Improvements associated With fb�5t food restaurant uws — within BC zones have a zero yard setback frorn ffimll� sio�� and real- property I ifibs� except A 20�f6ot setback along residential zones (east property lint). The proposed b�ildfllg 11wels flic *uirtd 20- foot setback frorn the residential zone. No inaxii-nurn lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e., required yards, landscaping, surface water facility, etc. Varkilng; — PUrSUant to FWRC 19.no.020, fast tbOd reStaUrant uses shall provide t stall4br each square (�&et of gross floor area. The pl-Opose&bLrildirig snewmivs 480 square f&etand therbfbre 6 parking stalls for a combined total of 30 required parking stalls.' The applicant has provided 35 parking stalls for the subject property, which exceeds the minimum requirement. 8, Community Design Guidelines — As detailed below, the project embodies site and building design principles consistent with requirements of the Community Design Guidelines (FWRC Chapter 19.115). a. Crime Prevention Through Environmental Design (CPTED) i. Completed CPTED checklist. ii. Entrance in full view of street. ill. Direct pathways. iv. Landscaping does not obstruct natural surveillance. v. Security cameras are provided. Site Design — The project applicant has satisfied applicable site design criteria. i. Pedestrian area and amenities are incorporated into the overall site design. The site includes a bench, trash receptacle, and bicycle rack. ii. Pedestrian pathways provide connection between the Gravity Coffee building and Advance Auto. There is also a pathway connecting the sidewalk along Pacific Hwy South to the building. iii. Drive -through windows and stacking lanes are not located along the facades facing the right-of-way. iv. Stacking lanes are separated from the overall parking area and driveway by a curb and landscaping. C, Building Design — Facades visible from rights -of -way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design. The structure contains architectural features consistent with articulation advisory criteria: i. Exterior materials are stacked veneer stone and clear cedar siding. ij. The roof is a hipped metal roof design with two tiers of roofing to simulate a two-story building. The upper roof is cantilevered Out 6 feet to act as a canopy for the walk-up and drive -through services. iii. Window openings with visible trim are located along the building facades breaking up the blank walls. iv. Landscaped area is provided along the foundation. District Guidelines — Applicable supplemental guidelines applying exclusively to the BC zoning district have been satisfied as set forth below. i. Parking is located adjacent to the right-of-way. Pedestrian access and circulation is maximized through the use of delineated pathways to the walk -Lip window and employee entrance. il. Entrance is clearly recognizable from Pacific Hwy South right-of-way. iii. The building main fagade is architecturally emphasized with the prominent cantilevered roof and windows. iv. Streetscape amenities include bike rack, landscaping, and pedestrian level lighting, v. No reflective glass is proposed. vi. No chainlink fencing is proposed. FWRC 19.130.040 states minimum number of parkin® stalls reSU I ting in a fraction shall be rounded up to the next higher number. Findings for Process 11 Site Plan Approval Page 2 Gravity Coffec File #I 6-105245-00-UP/Doc. I.D. 75059 Commercial Service — Garbage and recycling enclosure is located behind the building and is *bscured from view by landscaping. The enclosure will be constructed to match building color and design with CMU wall enclosure, trex board gate, and concrete cap. The enclosure will rneet the minimum size requirements set forth in FWRC 19.125.150. 10. Landscaping — Pursuant to FWRC 19.125.060(6), development within the BC zoning district required to provide a landscape screen five feet in width of Type III landscaping along all prope lines. In addition, Type I landscaping 15 feet in width is required along the perimeter of property abutting a residential zoning district. Overall perimeter landscaping is provided as part of the •Advance Auto Process 11 approved landscape plan, prepared by Main Street Design, date stamped resubmitted September 20, 2016. This includes Type III landscaping five feet in width along the north and west property line. The existing wooded area will remain to the east in lieu of Type I landscaping buffer adjacent to the residential is property. Foundation landscaping Is provided between the Advance Auto building and the drive -through stacking lane along the south property line. Parked vehicles will be obscured from right-of-way by alternative substantial shrub and tree plantings to reduce the Visual Impacts of parking areas and screen automobiles per FWRC 19.125.070(5). Interior parking lot landscaping is provided in the amount of 1,763 square feet. The provided amount exceeds the 20 square feet of landscaping per stall required by FWRC 19.125.070(2)(a)(i)(A). 11. Tree Retention/Replacement — Pursuant to FWRC 19.120.130, the rn1nimurn tree density for a subject property within a BC zoning district is 20 tree units per acre. Through retention and/or new planting, the subject property, which includes the Advance Auto site, will provide 38 tree units for 1.82 acres (20 tree units x 1.82 acres = 37 required tree units). The Gravity Coffee building does no) reduce the arnount of tree units approved for the Advance Auto project. 12. Transportation — Based on the submitted materials for 480 square feet of coffee kiosk, Institute of Transportation Engineers (ITE) Trip Generation - 8"' Edition, land use code 938 (Coffee Stand with Drive-Thru), and a pass -by rate of 88%, the proposed project is estimated to generate approximately 5 new weekday PM peak hour trips. A Concurrency application was submitted on November 9, 2016. The Public Works Traffic Division has determined the Improvements will not cause failures to the surrounding transportation systern and a Capacity Reserve Certificate for 5 new PM peak hour trips was issued December 20, 2016. A transportation impact fee will be calculated based on the fee schedule in effect at the time the completed building permit application was submitted. 13. Street Frontage Improvements — Pacific Hwy South (SR-99) cross-section has been fully constructed along the site frontage; therefore, no further right-of-way (ROW) dedication or street improvements are required. 15. Water and Sewer — Lakehaven Water & Sewer District is the water and sewer service provider. The applicant will access water and sewer service from existing connections. Separate application and connection charges through Lakehaven are required. Findings for Process 11 Site Plan Approval Page 3 Gravity Coffee File #16-105245-00-UP/Doc. I.D. 75059 17. Building Permit — The City's Building Division is currently reviewing the associated building permit, File #16-105906-00-CO. No work may begin until building permit approval. Please contact the permit center at 253-835-2607, or permitcentei-@cityoffederalway.com, if you have any questions regarding the building permit. 18. Decision Criteria — Staff finds the proposal is consistent with applicable site plan approval criteria required for Process 11 as set forth in FWRC 19.60.050. The proposal is consistent with the city's comprehensive plan; applicable provisions of FWRC Title 19 Zoning and Development Code; public health, safety, and welfare; and streets and utilities in the area are adequate to serve the anticipated demand from the proposal. The proposal is consistent with Community Design Guidelines decisional criteria set forth in FWRC Chapter 19.115. Final construction drawings will be reviewed for compliance with specific regulations, conditions of approval, and other applicable city requirements. These findings shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Prepared by: Becky Chapin, Associate Planner Date: December 20, 20 ]a Findings for Process VSite Plan Approval —� -- � �-- PuRc4 Gravity Coffee File #l6-lC5245-OO UPDDnciD.75059 Department ofCommunity Development Services 333258Ih Avenue South Federal Way, WA 98003 RE: Exterior Materials for Gravity Coffee Building 93370Pacific Highway South Federal Way, WA 98003 CDS CM OF FEDERAL WAY Stone Veneer: Wood Siding: -- Roofing: El Dorado, Stacked Stone, Clear cedar, stained Standing seam metal Black River roofing, kynar finish 11l5oGravelly Lake Drive SW, Lakewood, WA9o4y9 CITY OF FEDERAL WAI' jj� 1111KIA" LVA11M DATE: November 4, 2016 TO: Cole Elliott, Development Services Manager Peter Lawrence, Plans Examiner Brian Asbury, Lakehaven Utility District Vince Faranda, South King Fire & Rescue Rick Perez, City Traffic Engineer FROM- Becky Chapin, Associate Planner FOR DRC MTG. ON. No Meeting, please email any comments. IFFFUMT, 017007��T '*� - ) -Wa submitted shortly. nnnrfflwl�iM PROJECTADDRESS: 33370 PACIFIC HWY S Sean Mallon PacLand 1505 Westlake Ave N, Suite 3 Seattle, WA 98109 1 • Master Land Use Application • Design Intent Narrative • Exterior Materials • TIR Memo • Trip Generation Estimate (Applicant is aware that concurrency is required) • CPTED • Title Report • Elevations • Site, Grading and Drainage, Utility, and Landscape Plans annnow; DEPARTMENT OF CommuNrry DEVELOPMENT SERVICES 33325 e Avenue South Federal Way, WA 98003-6325 153-835-2607; Fax 253-835-2609 4444��Il3l APPLICATION NO(S) �_�5 Date 14A42UG. Pro ecGravity Coffee jt Name I R 'LIZ. RY111 imudmT�&TSMU Parcel Number(s) 7978200060 Project Description , Project consists of the building of an approximate 500 SF +I- coffee kiosk and drive thru on the 0.53 utilities will be constructed/installed as part of the AAP project, PLEASE PRINT Type of Permit Required Annexation — Binding Site Plan — Boundary Line Adjustment — Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) X Process H (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SETA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information "Mrig-Nesignatior Commercial Comprehensive Plan Designation 171 Infemational Building Code (IBC): B Occupancy Type V_13 Construction Type R.M. Name: Cadence Capital Investments C/O Jeff Parker Address; 4580 la ante Drive SE #402 City/State: Issaquah, WA ZIP: 98029 Phone: (425) 270-9782 Fax: End Sig Name: PACLAND - Seattle PC C/O Sean Mallon Address: 1505 Westlake Ave N Suite 305 City/State: Seattle, WA Zip: 98109 Phone: (206) 522-9510 Fax: (206) 522-8344 Email: smallon@pacland.com Signature: Name: BTS PAC HWY FW AA LLC C/O Jeff Parker Address: 4580 Klahanie Drive SE #402 City/State: Issaquah, WA Zip: 98029 Phone: (425) 270-9782 Fax: Email: jpar dencpp.com Signature Bulletin #003 - January 1, 2011 Page I of I k:\Handouts\Mas1cr Land Use Application 1505 WESTLAKE AVE. M T 206.522,9510 SUITE 305 1 206.522.8344 SEATTLE, WA 98109 WWWPACLAND.COM r. October ReportSubject: Technical Information Advance Auto Parts; 33370 Pacific Highway S; Perrill 1 f i i i` The purpose of this memorandum is to provide an update the Stormwater Technical Information Report (TIR) submitted on behalf of Cadence Capital Investments, LLC dated September 19, 2016 for the new Advance Auto Parts Store located at 33370 Pacific Highway S (Parcel#'s: 797820-0050 and 797820-0060) to reflect the final build out conditions. The project scope will now include the construction of a +/- 480 sf Gravity Coffee kiosk in addition to the 6,900 sf Advance Auto Parts Store and other associated site improvements. The site, consisting of two parcels, totals approximately 1.82 acres. The original site plan contemplated 0.84 acres of pervious surface and 0.98 acres of impervious surface area at project completion. This information was reflected in the TIR referenced above. The updated plan, which includes the coffee kiosk, consists of 0.97 acres of impervious and 0.85 acres of pervious surfaces. Therefore, it can be concluded that the proposed water quality structures (Stormfilter ZPG and CSF treatment train) and stormwater conveyance system have been adequately designed to facilitate the capture, conveyance and treatment of all stormwater runoff generated from the proposed developed site. FEDERALCITY OF WAY V TO. Sean Mallon, P.E. Pacland FROM: Curtis Chin, P.E. TENW aTY OF FEDERAL WAY CDS SUBJECT: Trip Generation Estimate - Updated Advanced Auto Parts - Federal Way, WA TEN W Project No. 5241 This memorandum documents the updated trip generation estimate completed for the proposed Advanced Auto Parts project in Federal Way, WA. The trip generation estimate was updated to include a proposed drive-thru coffee stand. Nelr;!`Xmd The proposed Advanced Auto Parts store site is located at 33370 Pacific Highway S as shown in the Attachment A vicinity map. The project includes a new 6,912 square foot auto parts store and an up to 500 sf drive-thru coffee stand on a site that includes a former 4,989 sf bank with drive-thru. Vehicle access to the site is proposed at an existing right-in/right-out only driveway on Pacific Highway S (SR 99), and a full access driveway on S 3361h Street. A preliminary site plan is included in Attachment B. fflrlre_T_27a • The trip generation estimates for the proposed and existing uses were based on methodology documented in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 91h Edition. Reductions to the trip generation estimates were made to account for pass -by trips. Pass -by trips are trips that are made by vehicles that are already on the adjacent streets and make intermediate stops at a commercial use on route to a primary destination (i.e. from work to home). The pass -by trips were based on methodology and studies documented in the ITE Trip Generation Handbook, 3rd Edition. The net new trips generated by the proposed Advanced Auto Parts project were calculated by subtracting the trips associated with the former use on the site (bank) and pass -by trips from the total gross project trips. The resulting net new weekday daily, AM and PM peak hour trips associated with the project are summarized in Table 1. Detailed trip generation calculations are included in Attachment C. Transportation Planning I Design I Traffic Impact & Operations 11400 SE 81h Street, Suite 200, Bellevue, WA 48004 1 Office (425) 889-6747 Memorandum -Advanced Auto Parts Federal Way, WA if O11zli• •11 Daily -81 -81 -162 AM Peak Hour -11 -5 -16 PM Peak Hour -24 -27 -51 As shown in Table 1, with credits for the existing use applied, the Proposed Advanced Auto Parts project is estimated to generate fewer weekday daily, AM Peak hour, and PM peak hour trips than the former use on the site. If you have any questions regarding the information presented in this memo, please call me at (206) 714-7421 or email at chin@tenw.com. cc: Jeff Schramm, Planning Manager, TENW Jeff Haynie, P.E., Principal, TENW I October 11, 2016 (OTENW Page 2 FN/RO ACCeSS - ta LL EX TRA.%9T STOP 4yA wou"t S� 0 0 0 EXUnN(3 SK94AL YbA N. FULL SOUTH 336TH STREET ACCEM QM3M F90fr-Cr—WAY) GRAPHIC SCALE A'P kma— "LNXi — aims= • Diredts`2r-1a1 S15GI; Trip Tn s Generated Land Use Area Units ITE LUC 2 In Out Rate In Out Total Weekday Daily Trip Generation Praaased lksesm Auto Parts Sales 6,912 GFA 843 50% 50% Equation 204 205 409 Pass -by 3 43% -88 -88 -176 116 117 233 Coffee Stand with Drive-Thru 500 GFA 938 50% 507. 1800.00 450 450 900 Pass -By' 88% -396 -396 -792 54 54 108 Less L)dstin s Drive-in Bank 4,989 GFA 912 50% 50% 148.15 369 370 739 Pass -by 3 32% -118 -118 236 251 252 503 Net New Weekday Daily Trips = -1 -81 -162 Weekday AM Peak Hour Trip Generation Pr-02-0 e—d uf- Auto Parts Sales 6,912 GFA 843 50% 50`7® Equation 7 8 15 Pass -by '' 43% 3 3 6 4 5 9 Coffee Stand with Drive-Thru 500 GFA 938 50% 50% 303.33 76 76 152 Pass -By° 88% -67 -67 -134 4 9 18 Lss �xastir Us Drive-in Bank 4,989 GFA 912 57% 43% 12.08 34 26 60 Pass -by 3 29% -10 -7 -17 24 19 43 Net New Weekday AM Peak Hour Trips = -11 -5 -16 Weekday PM Peak Hour Trip Generation Pror)osed Uses, Auto Parts Sales 6,912 GFA 843 49% 51% Equation 20 20 40 Pass -by 3 43% -8 -9 -17 12 11 23 Coffee Stand with Drive-Thru 500 GFA 938 50% 50% 75.00 19 19 38 Pass -By° 88% -16 -17 -33 3 2 5 Less Eislin User Drive-in Bank 4,989 GFA 912 50% 50% 24.30 60 61 121 Pass -by 3 35% -21 -21 -42 39 40 79 Net New Weekday PM Peak HourTrips = -2 -27 -51 Notes: _.. 1. GFA = Gross Floor Area. 2. Institute of Transportation Engineers (ITE) Trip Generation Manual 9th edition land use code. 3. Pass-bv percent based on studies doaumented in the ITE Trip Generation Handbook, 3rd Edition; August 2QI4. ]ameGuerrsn Arch itects.!N[ October 25, 2016 MWED Department cfCommunity Development Services OCT�� 7O1� 333258mAvenue South ~~' �- --�- Federal Way, VV/\ 98003 CITY OF FEDERAL WAY RE, Design intent for the proposed Gravity Coffee Building CDS 33370Pacific Highway South Federal Way, VV/\ 98003 The Proposed coffee building is located adjacent to a new 6,900 s.f. Advance Auto Parts building. The front of the coffee building aligns with the front of the Auto Parts Building. The exterior materials for the coffee shop are stacked veneer stone, clear cedar siding and metal roofing. The roof is a hipped roof design with two tiers of roofing to simulate a two-story building. This is done to provide interest to the design and also allow the much smaller coffee shop at 477 s.f. to maintain presence next to the much larger auto parts store. The coffee shop's upper roof level is cantilevered out 6' and is set so that a truck can pull under the canopy for the drive -through services. The opposite side can be used for walk-up service so the upper roof is also cantilevered to match. This also provides a symmetrical roof design and a pleasant quality to the design. ll15oGravelly Lake Drive 5vY Lakewood, WA 98499 WOWTHEN T OF COMMUNITY DF.VEI,OPMFNT SERVICES 33325 8" Avenue South Federal Way, WA 98003-6325 OCT 3 1 Z016 253-835-2607; Fax 253-8351-2609 CTTY OF FEDERAL WAY CDS Crime Prevention Th rough Environmental Design (CPTED) ChecklIist Directions your proposed project. Please check all strategies that are applicable to your project for each of the numbered guidelines. You may check more than one strategy for each guideline. Your responses will be evaluated by City Staff, and will be integrated into the Site Plan and/or Building Permit review process. Section and ✓Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy 4 Applicable during Site Plan Review E) Applicable during Building Permit Review Section 1.0 Natural Surveillance Blind Corners —Confonns Avoid blind corners in pathways and parking lots. —Revise NA Co gents: Pathways should be direct, All baniers along pathways should be permeable (see through) including landscaping, fencing etc. IV Consider the installation of mirrors to allow users to see ahead of Viem and around corners. E) Other strategy used:-l' -�� 1.2 Site and Building Layout _Conforms Allow natural observation from the street to the use, from the —Revise use to the street, and betweenuses—NA I�Krqq Comments: Bulletin #022 - January 1, 2011 Page I of 9 k:\Handouts\CPTED Checklist ' development should not be from the rear ol'the building. 2 Offset windows, doorways and balconies to allow for natural observation while protecting privacy. 0 Locate main entrances/exits at the front of the site and in view Retail/ Industrial st be septirated rrom the main and Community entrance, they should maximize opportunities for natural Facilities surveillance from the street. 0 Tn industrial developments, administralion/offices should be located at the front of the building. 0 Avoid large expanses of parking. Where large expanses of For Surface El parking are proposed, provide surveillance such as security Parking and cameras. M StrUCtures Access to elevators, stairwells and pedestrian pathways should be clearly visible from an adjacent parking area. a Out �ac tic p i I I ?"Idle, cal'ions that can be observed by adjoining uses. 2 Open spaces shall be clearly designated and situated at For Common/ locations that are easily observed by people. Parks, plazas, Open Space El common areas, and playgrounds should be placed in the front Areas of buildings. Shopping centers and other similar uses should face streets. 8 Other strateg used: Section . _ C . aArea Evaluation for ePerformance a3 ly Standard Strategy Applicable during Site Plan Review Applicable during Building Pc is Review 1.3 Common/Open Space Areas and Public On -Site Open ___.Conforms Space —Revise Provide natural surveillance for coninionlopen space areas. --DNA Comments: Position active uses or habitable rooms with windows adjacent to main common/open space areas, c.g. playgrounds, swimming pools, etc., and public on -site open space. Design and locate dunipster enclosures in a manner which screens refuse containers but avoids providing opportunities to hide, l lS Y(5l L 06V&Sea S I ocate waiting treats and external entries to elevators/stdirwalbs close to areas of active uses to make them visible from the building entry Locate setttiltg it, areas of active us zlnPrlQrj vvmm qJ Other strategy used: 1.4 Entrances —Conforms Provide entries that are clearly visible. —Revise A Comments: Design entrances to allow users to see into them before entering. Entrances should be clearly identified (Signs must conform to El FRC 19.140.060. Exempt Signs. (Applicable during "e ii , CLIAr a cr=r1 t rtCL/f3 ti/�c cti0 Other strategy used: 1.5 Fencing —Conforms Fence design should maximize natural surveillance from the —Revise street to the building and from the building to the street, and _NA minimize opportunities for intruders to hide. Comments: Bulletin #022 — January 1, 2011 Page 3 of 9 k:\TTandouts\CPTF,T) Checklist Section and ✓Functional Area Evaluation for PerrorFnance Performance Standard Agency Use Only Standard I Strategy 0 Applicable during Site Plan Review Applicable dating Building Permit Review---- Front rences should be predominantly open in design, e.g. pickets or wrought iron, or low in height. e Design high solid front fences in a manner that incorporates open elements to allow visibility above the height of five feet, E) If noise insulation is required, install double -glazing at the I-] front of the building rather than solid fences higher than five feet. e C Othcrstirategy nsed: L ® Landscaping —Conforms Avoid landscaping which obstructs natural surveillance and —Revise allows intruders to hide. _NA Comments: Trees with dense low growth foliage should be spaced or their crown should be raised to avoid ac 0 foliage barrier. 0 Use low grovindcover, SkrUbs a minitnurn of 24 inches in 0 height, or high -canopied trees (:lean trimmed to a height of eight feet) around children's play areas, parking arcb�s,-, and along pedestrian pathways. N 0 Avoid vegetation that conceals the building entrance from the street, 0 Other strategy used: 0 1®7 Exterior Lighting —Conforms Provide exterior lighting that enhances natural surveillance. —Revise (Refer to FWRC 19.115.050(7)(a) for specific lighting _NA requirements-) t;gBjqllDg L16W,;t1i6 "(W:) ON Comments: Prepare, a lighting plan in accordance with Illuminating Engineering Society of America (TESA) Standards, which El addresses project lighting in a comprehensive manner. Select a lighting, approach that is consistent with local conditions and crime problems. a Bulletin #022 —January 1, 2011 Page 4 of 9 k:\Ilandouts\CPTED Checklist 01 Functional Area nn"4411r,MN me* LlStrattegY Appliea�ble during Site Plan Review D4PplieabIc during Building Pernik Review Locate elevated light fixtures (poles, light standards, etc.) in a o coordinated manner that provides the desired coverage. The useful ground coverage of an elevated light fixture is roughly twice its height. 2 For areas intended to be used at night, ensure that lighting supports viiih0ity., Where lighting is placed at a loot tr height to support visibility for pedestrians, ensure that it is vandai- resistant, E) Ensure inset or modulated spaces on a building facade, access/egress routes, and signage is well fit. E) In areas used by pedestrians, ensure that lighting shines on pedestrian pathways and possible entrapment spaces. e Place lighting to Lake into account vegetation, in its current and E] mature form, as well as any other element that may have the potential for blocking light. 0 Avoid lightim, of areas not intended for nighttime use to avoid giving at false impression of use or safety. 13`danger spots are -1 usually vacant at night, avoid li.-Ilthig them and close the"' off to pedestrians. E) Select and light "safe routes" so that these become the focus of legitimate pedestrian activity after dark. 11 Avoid climbing opportunities by locating light standards and electrical cqUiprnenL away from walls or low buildings. (D Use photoelectric rather than time switches for exterior lighting. G Evaluation for Agency Use Only In projects that will be used primarily by older people, (retirement homes, congregate care facilities, senior and/ or community centers, etc,) provide higher levels of brightness in pUblic/corrinion areas. (D Other strategy used: -- -------- - 1.8 Mix of Uses —Conforms In mixed use buildings increase opportunities for natural —Revise surveillance, while protecting privacy. _NA Comments: Bullctin #022 — January 1, 2011 Page 5 of 9 k: \Tian do a v-,\CPTED Checklist Section and✓Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy W Applicable during Site Plan Review () Applicable during Building Permit Review Where allowed by city code, locate shops and businesses on lower floors and residences on upper floors. In this way, residents can observe the businesses after hours while the residences can be observed by the businesses during business hours. 0 Include food kiosks, restaurants, etc. within parks and parking structures. 9 Other strategy: used- 1.9 Security Bars, Shutters, and Doors —Conforms When used and permitted by building and fire codes, security —Revise bars, shutters, and doors should allow observation of'the street _NA and be consistent with the architectural style of the building. Comments: Security bars and security doors should be visually permeable (see -through). E) Other strategy used:_ 0 Section and ✓Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy a Applicable during Site Plan Review E) Applicable during Building Permit Review Section 2.0 Access Control Conforms 2.1 Building Identification Ensure buildings are clearly identified by street number to —Revise prevent unintended access and to assist persons trying to find _NA the building. [jjetjja/jc,-ntjonsjgns must conform to FWRC Comments: 19.140.060. Exempt Signs. Street numbers should be plainly visible and legible from the street or road fronting the property. E) —)Vw- IIJM669S wta 6f_- y(slaMaA Ne su t- er Bulletin #022 — January 1, 2011 Page 6 of 9 k:\TIandouts\CPTFD Checklist ............... Section and✓Functional Area Performance Performance Standard Standard Strategy M Applicable during Site Plan Review E) Applicable during Building Permit Review In residential uses, each individual unit should be clearly numbered. In multiple building complexes, each building entry El should clearly state the unit numbers accessed from than entry. In addition, unit numbers should be provided on each level or floor. E) on M 0 Street numbers should be made of durable materials, preferably reflective or luminous, and unobstructed (e.g. by foliage).e ,I MWS W" We %Apme � por 19ary 1t),1111jects, provide location maps (fixed placlue El formal) and directional signage at public entry points and along internal public routes or travel. E) Other strategy used: Entrances Avoid confusion in locating building entrances. Entrances should be easily recognizable through design k' D features and directional signage. (Signs must conform to FWRC 19.140.060. Exempt Signs. IN El Minimize the number of entry points. 0 Other siralcgy use& V C3 Evaluation f jror ,0, —Confornis —Revise _NA Comments: Landscaping Conforms Use vegetation as barriers to deter unauthorized access. —Revise _NA Comments: [I Consider using thorny plants as an effective barrier. G Other strategy used: 0 2.4 Landscaping Location —Conforms Avoid placement of vegetation that would enable access to a _LRevise building or to neighboring buildings. _NA Comments: Bulletin #022 —January 1, 2011 Page 7 of 9 k:\TIandouts\CPTED Checklist Section and Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy a Applicable during Site Plan Review E) Applicable during Building Permit Review Avoid placement of large trees, garages, utility structures, fences, and gutters next to second story windows or balconies that could provide a means of access. M Other strategy used: Reduce opportunities for unauthorized access —Revise Consider the use of security hardware and/or human measures to reduce opportunities for unauthorized access. (Applicable during L7tL11f Insure that signage is clearly visible, easy to read and simple to —Revise understand [Signs must conform to FNVRC 19.140.060. Exernpt _NA Section and Functional Area Evaluation for Performance Performance Standard Agency Use Only Standard Strategy 9 Applicable during Site Plan Review Applicable during Building Permit Review Where exits are closed after hours, ensure this information is indicated at the parking area entrance. E) Other strategy used- 0 Section 3.0 Ownership 3.1 Maintenance Conforms Create a "caredfor" image —Revise _NA Comments: Ensure that landscaping is well maintained, as per FWRC El IM 25.090, in order to give an impression of ownership, care, and security. (Ongoing). Where possible, design multi -unit residential uses such that no 0 more than six to eight units share a common building entrance. 0 Other strategy used:. 3.2 Materials —Conforms Use materials, which reduce the opportunityfor vandalism. —Revise _NA Comments: Consider using strong, wear resistant laminate, impervious glazed ceramics, treated masonry Products, stainless steel 0 materials, anti -graffiti paints, and clear over sprays to reduce opportunities rin- vandalism, Avoid flat or porous linishes in .areas where raffifi is likely to be a probleni. E) (INS 'Y I WVV04;' VAI'l 0 Where tar e allsare unavoidable, refer to F-VR(' 19.125,040(2 1) rtgarding the use- of vegetative Screens. Common area and/or street fumiture shall be made of long D wearing vandal resistant materials and secured by sturdy anchor poinis, or removed after hours. E) Other strategy used: Bulletin W022 — January 1, 2011 Page 9 of 9 k:\ITandou[s\CPTED Checklist x Commitment Number: CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation ("Company'), for a valuable consideration, commits to issue its policy or policies of title ineuranue, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and Band 0othe Conditions ofthis Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies oummbb*d for shall iaoua, whichever first uooure, provided that the failure 10 issue the policy or policies is not the fault of the Company. The Company will provide asample ofthe policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. |NWITNESS WHEREOF, CH|CAGDT|TLE INSURANCE COMPANY has caused its corporate name and seal tobe affixed byits duly authorized officers onthe date shown inSchedule A. Countersigned By Authorized Officer or Agent Chicago Title Insurance Company By: President Secretary AMEPUCAN Copyright American Land Title Association. All rights reserved. ���� MUCILSIZI Officer: Commercial /Unit 6 Chicago Title Company of Washington 701 5thAvenum. Suite 23O0 Seattle, VVAV81O4 Main Phone: (208)020'5010 Email: CTISeaTitlegn!j§�� ORDER NO.D04825S-0G 1. Effective Date: August 18.2O15at08:UUAM 2. Policy or (Policies) to be issued: e. ALTAOwner's Policy 2OO8 Proposed Insured: To8eDetermined Policy Amount: ToBeDetermined Premium: ToBeDetermined Tax: ToBaDetermined Rate: Standard Total: TuBoDetermined 3. The estate nrinterest inthe land described or referred to in this Commitment is: Fee Simple 4. Title tothe estate orinterest inthe land is atthe Effective Date vested in: Elinor Glee Draper and Roger William Patten, as Trustees of the M.W. Patten Trust; Roger VV.Patten, eahis separate estate; Elinor Glee Draper and Charles D. Draper, Sr., Trustees of the Revocable Trust of Charles D. Draper, Sr. and Elinor Glee Draper u/o/dJune 18.20O4; R.YN.Patten Co,LLC'eWashington limited liability Elinor Glee Draper, Trustee cfthe Glee Annette Patten TestamentaryTrust uhwdated July 14.1Q77.all aotheir interests may appear 5. The land referred bointhis Commitment isdescribed anfollows: SEE EXHIBIT �"ATTACHED HERETO AND MADE APART HEREOF Copyright American Land Title Association. All rights reserved. Tracts 10, 11, and 12, State Plat in Section 16, Township 21 North, Range 4 East, Willamette Meridian, according to the plat thereof, recorded in Volume 41 of plats, Pages 30 through 21, inclusive, in King County, Washington; EXCEPT that portion thereof condemned under King County Superior Court Cause Number 02-19486-9 KNT and described in instrument recorded under recording number 2003071000141 EXCEPT that portion of Tract 12 conveyed to the City of Federal Way by Statutory Warranty Deed recorded under recording number 9904202477. AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. prohibited.All other uses Reprinted under license from the American Land Title Association. ;tiLTA -Commitment 0 fl t1712006t POnt d: 09.01.15 @ :05 PM Page 3 WA-CT-FNSE-02150.622476-SPS-1-16-0046255-06 CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 0048255-06 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of0othe satisfaction nfthe Company: GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed byanaccurate and complete land survey ofthe Land. C. Easements, prescriptive rights, rights -of -way, liens or encumbrances, or claims thereof, not shown bythe Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes orspecial assessments which are not yet payable orwhich are not shown aoexisting liens bythe Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpotented mining claims, and all rights relating thereto. H.Reservations and exceptions inUnited States Patents orinActs authorizing the issuance thereof. i Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easementsurequitable servitudes. J. Water rights, claims or title to water. K. Defects, liens, encumbrances, adverse claims orother matters, ifany,nroe1ad.fimtappearnghnUhnPubUo Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. AMEMAN Copyright American Land Title Association. All rights reserved. e°D TM E CHICAGO TITLE COMPANY OF WASHINGTON--— COMMITMENT NO. 0048255-06 SCHEDULE B (continued) SPECIAL EXCEPTIONS 1- Exceptions and reservations contained indeed whereby the grantor excepts and reserves all oil, gases, coal, ores, minerals, fossils, ot ., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Grantor: State ofWashington Recording No.: 3778561 Right ufthe State ofWashington orits successors, subject 0mpayment ofcompensation, Uoacquire rights ofway for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving timber, stone, minerals and other products from this and other land, as reserved in above -referenced deed. Affects: Tract11 2~ Exceptions and reservations contained indeed whereby the grantor excepts and rasanx*a all oil, gases, coal, minerals, fossils, eto.and the right ofentry for opening, developing d working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Grantor: State of Washington Recording No.: 3778562 Right ofthe State ofWashington orits successors, eutjeu bopayment ofcompensation, 0oacquire rights of way for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving timber, stone, minerals and other products from this and other land, as reserved in above -referenced deed. Affects: Tract iU. 3` Exceptions and reservations contained in deed whereby the grantor exceptsand reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Grantor: State of Washington Recording No.: 4403835 Right ofthe State ofWashington orits successors, subject topayment mfcompensation, toacquire rights of way for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving timber, stone, minerals and other products from this and other land, as reserved in above -referenced deed. Affects: Tract12 Copyright American Land Title Association. All rights reserved. LANDTPTRF CHICAGO LE COMPANY OFWASHUNGTON COMMITMENT NO. 0048255-06 SCHEDULE B (continued) 4. Covenants, conditions, restrictions, recitals, reservations, aoaementa.aeeomen{prnvmiono.dedioaUona.bui|ding setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual odentation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on State Plat in Section 16, Township 21 North, Range $ East, Willamette Meridian: Recorded in: Volume 41ofPlats, pages 30through 32 5. Eooement(s)for the purpono(s)shown below and rights incidental thereto, osgranted inedocument: Granted to: Puget Sound Energy, Inc. Purpose: Utility systems for electricity Recording Date: July 1.2O84 Recording No.: 20040701800605 Affects: Westerly portion ofsaid premises 6. Payment of the real estate excise tax, if required. The Land is situated within the boundaries of local taxing authority of City of Federal Way. Present rate ofreal estate excise tax aaofthe date herein ia1.T8percent. Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit. The applicable excise tax must bepaid and the affidavit approved agthe time cf the recording ofthe conveyance documents. (NC)TE:Real Estate Excise Tax /#ffidavitemust beprinted aolegal size fnrme). An additional $5.00 Electronic Technology Fee must be included in all excise tax payments. If the transaction is exempt, an additional $5.00 Affidavit Processing Fee is required. 7. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year 2015 Tax Account Mo.: 797820-0050'08 Levy Code: 1205 AaoaosedVa|ue'Lond: $818.900.00 Assessed Va(uo-|mpvovemenhe: $332.600.00 General and Special Taxes: Billed: $14.898.34 Paid: $7,44917 Unpaid: $7,449.17 Copyright American Land Title Association. All rights reserved. The use of this Form is All other uses are prohi to ALTxlicensees and ALTAmembers m good standing as mthe date muse. irin»edunder license from the American Land Title Association. � AM MC&N AND TFTU 1'� CHICAGO TITLE COMPANY OF WASH|NGTON COMMITMENT NO. 0048255-06 SCHEDULE B (continued) 8. General and special taxes and charges, payable February 15.delinquent if first half unpaid onMay 1.second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year 2015 Tax Account Nn.: /97820-0060'06 Levy Code: 1205 Assessed Value -Land: $278.200.00 Assessed Value -improvements: $0.08 General and Special Taxes: Billed: $4,188.98 Paid: $2,093.48 Unpaid: $2.093.49 Affects'. Tract 12 Q Liability for Sewer Treatment Capacity Charges, if any, affecting certain areas of King, Pierce and Snohomish Counties. Said charges could apply to property connecting to the metropolitan sewerage facilities or reconnecting orchanging its use and/or structure after February i.1QB0. Please contact the King County Wastewater Treatment Division, Capacity Charge Program, for further information o12OG-2Q8'i46OorFax No. 2U6'2G3-8823oremail at °Amap showing sewer service area boundaries and incorporated areas can bufound at your -king Unrecorded Sewer Capacity Charges are not alien ontitle tnthe Land. NOTE: This exception will not appear inthe policy toboissued. 10, An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of lease Lessor: Maurice VV.Patten and Glee A.Patten, his wife and Richard PN. Patten, abachelor on Septembor18. 1959 and all times since Lessee: Seattle First National Bank, aNational Banking association Recording Date: May 27.1Q0Q Recording No.: 6515096 Affects: Tract12 Copyright American Land Title Association. All rights reserved. The use ovthis Form iorestricted mALTxlicensees and ALTAmembers in good standing as mthe date vruse. All other uses are prohibited. Reprinted under license from the American Land Title Association, ' ,nntea: vou , CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 0048255-06 SCHEDULE (continued) 11 r An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: Maurice W. Patten and Glee A. Patten, his wife, and Richard M. Patten, a single man Lessee: Seattle First National Bank, a National banking association Recording Date: February 14, 1979 Recording No.: 7902140064 Affects: Tracts 10, 11 & 12 12. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 13. Terms, powers, conditions, and limitations of the trusts under which title is held. The Company will require a copy of the trust agreements and any amendments thereto for review. If the property which is the subject of this transaction constitutes more than 25 percent of the net fair market value of the trust principal, proof must be furnished to the Company that the trustee has complied with the 20 day notice to the beneficiaries of the nature and terms of the intended transaction as provided in RCW 11.100.140. The Company reserves the right to add additional items/exceptions or make further requirements after review of the requested documentation. 14. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: R.M. Patten Co., LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member -managed a full and complete current list of members certified by the appropriate manager or member. d. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company that it was validly formed, is in good standing and authorized to do business in the state of origin. e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. iW Printed: US.UlAb OW:Ub PM Page 8 WA-CT-FNSE-02150.622476-SPS-1-15-0048255-06 CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 0048255-06 SCHEDULE (continued) 15. The names of the proposed insured were not furnished in the application for title insurance, and when disclosed, the commitment will be subject to such matters as may be found by a search of the records against said names. The company reserves the right to add additional items or make further requirements after review of the requested documentation. street16. Your application for title insurance was placed by reference to only a address reportnumber. Based on our records, we believe that the legal description in this legalLand that you requested. If the ., .. .. and/or Land will appear on any documents to. policy of title insurance. I r• • NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A: Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Tract 10-11 PorTract 12, State Plat 16-21-4 Tax Account No.: 797820-0050-08 and 797820-0060-06 Note : Note: Any map furnished with this Commitment is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. r• • AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE A cuTsuH The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (06/17/2006) Pf ntedl 09.01.15 @ 03:05 PM Page 9 WA-CT-FNSE-02150.622476-SPS-1-15-0048255-06 CHICAG• TITLE COMPANYOF •N COMMITMENT NO. r 4 r . Jr91!1q"MzR 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon coveredby this Commitment other than those shown in Schedule 8 hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any toss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter; the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company/ from liability- previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actLial loss incurred in reliance hereon in undertaking In good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. 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 as the exclusive remedy of the parties. You may review a copy of the arbitration rules at httl Y1Www.a?ta.orrr. Copyright American Land Title Association. All rights reserved. I. i, IMR The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited, Reprinted under license from the American Land Title Association. ALTA Cammilment (06117l2006) Printed: 09.01.15 @ 03:05 PM Page 10 WA-CT-FNSE-02150.622476-SPS-1-15-0048255-06 Effective January 1. 1997. document format and content requirements have been imposed by Washington Law. Failure to comply with the following requirements may result in rejection of the document by the county recorder or imposition of a $50.00 surcharge. First pgge-.Qr cover sheet 3"top margin containing nothing except the return addreoe. 1" side and bottom margins containing no markings or seals. Title(s) of documents. Recording no. ofany assigned, released or referenced document(s). Grantors names (and page no. where additional names can be#ound). Grantees names (and page no. where additional names can befound). Abbreviated legal description (Lot, Block, plat Woma or Section, Townohip. Range and Ouortor, Quarter Section furunp|atted). Said abbreviated legal description is not substitute for acomplete legal description which must also appear in the body of the document. Assessor's tax parcel numbar(s). Return address (in top 3^margin). °*Acover sheet can beattached containing the above format and data if the first page does not contain all required data. Additional Pages. 1^top, side and bottom margins containing numarkings or seals. All Pages: Nustapled ortaped attachments. Each attachment must beaseparate page. All notary and other pressure seals must be smudged for visibility. Font size of 8 points or larger. Recording Requirements Printed: n9.o.1s@ 03:05 PM by DB r • NOTICEPRIVACY Effective: May 1, 2015 • .-' . I'1�2 1a Fidelity National Financial, Inc. and its majority -owned subsidiary companies providing real estate- and loan -related services (collectively„ "FNF", "out' or "we") respect and are committed to protecting your :privacy. This Privacy Notice lets you know how and for what purposes your Personal information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied relationship, or create any express or implied duty or other obligation, between Fidelity National Financial, Inc. and you. See also No Representations or Warranties below. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website'), This Privacy Notice is not applicable to any other web: pages„ mobile applications, social media'sltes email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. How Inform tiort is Collected The types of personal information FNF collects may include" among other things (collectively, "Personal lnformation"). ('I) contact Information (e.., name,.address, phone number, email address);' () demographic information (e.g., date of birth, gender marital' status); () Internet protocol (or IP) address or device IOIUDID; (4); social security number (SSN), student It (SIN); driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: Applications or other forms we receive from you or your authorized representative; Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Additional Wa Information is Collecte Thr u h the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names" browsing. history (including time spent at"a domain„ time and date of your visit), referring/exit web pages and UR s. and number of clicks. The domain name and lP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re -sent to the serving website on subsequent visits. A cookie, by itself„ cannot read other data from your hard disk or read other cookie files already on your computer. 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These Web Beacons do not starry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Ott section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third' Party Opt Out : Although we do not presently, in the future we may allow third -party companies to serve advertisements andlor collect certain anonymous information when you visit the Website; These companies may use non -personally identifiable Information (e.g,,; click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this Information, as further described above. Through these technologies, the third party may have access to and use non -personalized information about your online usage activity. You can opt -out of certain online behavioral services through any one of the ways described below. After you opt -out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt -out via the Network Advertising Initiative industry opt -out athttp'/! neihvor dverbsin oro/ • You can opt -out via the Consumer Choice Page at www-ab • For those in the U.K., you can opt -out via the IAB UK's industry opt -out a rMN. ouronlineecholces.caom, • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. - More information can be found in the Help system of your browser. Note: If you opt -out as described" above, you should not delete your cookies. If you delete your cookies, you will need to opt -out again. Use of f*ersonal Information Information collected by FNF is used for three main purposes. • To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perform for you or for Third Parties. • To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. Privacy Statement Printed: 09.01.15 @ 03:05 PM by DB WA0000924.doc / Updated: 03.26.14 Page 12--0048255-06 When Information Is Disclosed By, FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good -faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non -Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry -standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non -Personal Information to take precautions against liability, investigate and defend against any third -party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use andlor transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of an third parties that receive any of the 16f6rmation that is disclosed us. Information E!om Children We do no collect Personal Information from any person that know to be under the age of thirteen (13). Specifically, the Websit is not intended or designed to attract children under the age thirteen (13). You affirm that you are either more than 18 years age, or an emancipated minor, or possess legal parental or guardia consent, and are fully able and competent to enter into d the term ffi s, anwarrantil f."i""As, 4044446.0. . .9 Privacy Notice. In any case, you affirm that you are over the age 13, as THE WEBSITE IS NOT INTENDED FOR CHILDRE over the a R CHILD ge RE UNr. DER 13 THAT ARE UNACCOMPANIED BY HIS OR HE PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern o use of Personal Information, but also that information that voluntarily given by children — or others — in email exchange rt,es to ener. bulletin boards or the like may be used by to genera asft4�&fti their children in the safe and responsible use of their Person Information while using the Internet. Ptivgpy Outside !he 16tq!gite, er Wphqit.-q innhidin IM I I - IMM1101111 lrwr-ufm�e order to determine their privacy policies and your rights under the Europ"" union Liters • v Mye-r N M —77aj you. You may choose to prevent FNF from disclosi g or using yo Personal Information under certain circumstance ("opt out"). Y Privacy NCMce. t�urtbermore, even wnult: J:uul r-%1,501131 MIUMPOL11 is to be disclosed and used in accordance with the stated purpos in this Privacy Notice, you may elect to opt out of such disclosure and use by a third party that is not acting as an agent of FNF.. described above, there are some uses from which you carm opt -out. Please note that opting out of the disclosure and use of yo Personal Information as a prospective employee may prevent y -friTrr-keirrg 11*r&J &&-�r&mAv'tycz -.- of your Personal Information is required to apply for an op position. i Privacy Statement Printed: 09.01.15 @ 03:05 PM by DB WA0000924,doc /Updated: 03.26,14 Page 13 --0048255-06 If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California .Privacy .flights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information on behalf of FNF, please send an email message to 21ivacfnf�,com with "Request for California Privacy Information" in the subject tine and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. FNF -gom fiance with California Online Privacy For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer for fulfilling a service to that mortgage loan servicer. For example, you may access CCN to complete a transaction with your mortgage loan servicer. During this transaction, the information which we may collect on behalf of the mortgage loan servicer is as follows: First and Last Name Property Address User Name Password Loan Number Social Security Number - masked upon entry Email Address Three Security Questions and Answers IP Address The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of the FNF Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Personal Information and Access and Correction. if you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. No Representations or Warranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever concerning any products or services provided to you by its majorily-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National Financial, Inc. andlor the Website are provided 'as is' and "as available" for your use, without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion, Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error -free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or Will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Fidelity National Financial, Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the re -performance of such service found to be inadequate. Lour Consent To This Privacy Notice .X By submitfing Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 Rn�vacfnf �com Copyright @ 2015. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: MAY 1, 2015 Privacy Statement Printed: 09.01.15 @ 03:05 PM by DB WA0000924,doc / Updated: 03.26.14 Page 14 ---0048255-06 CHICAGO TITLE COMPANY OF WASHINGTON Order No.: 0048255-06 Property: 3337QPacific Highway South Federal Way, WA 98003 7Q15thAvenue, Suite 230O Seattle, VVAD81U4 Phone: (206)628-5610/ Fax: (206)628-9717 Thank You for specifying Chicago Title Company of Washington Your transaction is important to us. Commitment Distribution Letter p�" �m.m@