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17-104587 (2)Smith Co., LLC Attn: Keith Smith 10 Seattle, WA 98109 se to request to waive 317 cut wip")TUMI Irm MEMO Pacific Highway South: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www,cityoffederalway.com Jim Ferrell, Mayor fre fibIdwyemdrits associated with ■ Ja a VU-foof Wl= IMUU 4y� k��IVVij -A', which requires VV sttip� Within a 1244ft( 4 & of �* (624ba Zzich sI Of cehteri*. Existing improwmofits� 410 ffii� property frontage are currently zonstIto this standard. FWRC Section 19.135.070, 'Modifications of Improvements along Property Frontage' allows the Public Works Director to grant a request to modify, defer, or waive the required street improvements only after consideration of four specific reasons. The reason most applicable here is contained in FWRC 19.135.070(l) "The improvement as required would not be harmonious with existing street improvements, would not function properly or safely or would not be advantageous to the neighborhood or city as a whole." uest to waive street improvements along the Pacific Highway South frontage, with the following condition: The owner is required to dedicate, to the City, the additional width of property necessary to meet thi minimum Right of Way width along this frontage (62-feet as measured from the street centerline). The dedication documents will be recorded at the King County Recorder's Office, at the owner's expense, prior to completion of the project. \\CFWFILE 1 \Applications\CS DC\P ROD\docs\save\ 1479497679302081506. DOC =r r �M The applicant is requesting a variance to the City's Access Management Standards for an access to the property on Pacific Highway South. Pacifk HWtway 'South is classified as a State Highway lh* i� got designated as Iftfifted accds�s. Per FWRC Section 19.135.280, *s road class' I fitati0b requires a mmimuni of 250-ket between way driveways. FWRC Section 19.135.290 'Modification procedures' allows the Public Works Director to administratively grant a variance to the Access Management standards by up to 20 percent of the tabular values, if it is determined that the variance will not increase existing, accident ratesagmt-w I be a suspected low number of turning conflicts, and granting the modification will not appreciably reduce roadway safety and capacity. The Elephant Carwa8h has historically had 2 drivewa- property d dose to S 316th St, and 006 rie� the north property liu6. !he �Pprrent do*topment proposal for this property is to eliminate the 2 existing driveways 40 construct a �smgle &VOUV in the central portion of the Pacific Highway South frontage. In addition to the access management \\CFWFILE I \Appfications\CS DC\P RO D\docs\save\ 147949767930208 t 506.DOC am standards, the 2 driveways do not adhere to FVY`RC Section 19.135.280 (3) "There may be no moln than one driveway for each 330 feet of lot frontage." I The proposed new driveway does not meet the 250-foot separation requirements; however, by allowing this single driveway at a more central location on the site, it reduces a greater non- conforming situation in regard to our access management standards, especially in the case of the existing southern driveway, and eliminates the non-conformance in regard to having more than one driveway per 330-feet of lot frontage. Therefore, the Public Works Department hereby approves your request for variance of the drivew spacing standards, with the following conditions: I 1) The owner is required to construct the new driveway to our Commercial Driveway Approach standard, per City Detail 3-6A. 2) Replace the existing driveway approaches with vertical curb and gutter, 6-foot wide planter strips with street trees and sod grass, and 8-foot wide sidewalks, per City standards, to match our Street Section 'A'. The couditi6tig of this modification will be applicable for a period of one year ftom the date of this letter. If a land use approval is not issued within the one-year time lulait, Ifils waiver will be void, and a new request for modification must be submitted. If you have any questions or concerns, please contact Kevin Peterson, Engineering Plans Reviewer, at (253) 835- 2734. EJ, Walsh, P.E. Deputy Public Works Director EJ-W:KP/av cc: Leila Willoughby -Oakes, Associate Planner Sarady Long, Senior Transportation Planning Engineer Project file (kp) Day file \\CFWFILE I\Applications\CS DC\PROD\docs\save\ 1479497679302081506. DOC "D NFER 1AINOV-1 OLIN V'roject Name Pink Elephant Carwash Expansion Permit # 16-103158-00-PC Location 31458 Pacific Highway South Request The applicant is requesting a waiver of street improvements along S 316th St, as required by the expansion and partial redevelopment of the carwash. Staff Analysis South 316th Street is classified as a Principal Collector corresponding to Street Section Type V, which consists of a 44-foot wide roadway with 12-foot sidewalks and,? 3-foot utility strip within a 74-foot right of way. The existing South 316th Street improvements along the Pink Elephant property consist of a 44- foot roadway, 6.5-foot (+/-) sidewalk with a combination of short timber retaining wall and rockery behind the sidewalk, within a 60-foot right of way. There is no street lighting along this section of S 316th St. Construction of the required improvements (12-foot sidewalk) would be difficult, due to the iifference in elevation along the frontage — the Pink Elephant site sits approximately 2-4 feet 9bove the sidewalk elevation — and would also further constrain circulation of vehicles on an already constrained site. Given the narrow sidewalk width and topographic constraints, there's also no space for street light or street tree well construction along this frontage. Additionally, if the City were to require the additional 7-feet of right of way be dedicated, it it *f wg-v li-tie-sioricewhere in the existinu Parkin riving area of the site. Requirements / Conditions of Approval Development Services staff recommends approval of their request to waive the construction of any improvements, and recommends that the required right of way width of 7-feet be placed (recorded) in a Tract 'X' for future dedication. *Additionally� it was discovered that the Pacific Highway South Right of Way (that portion on the north half of that right of way on this property), does not correspond to our current standard of 62-feet (1/2 width), therefore as a condition of approval, the City will also require that the owner dedicate the additional right of way (approximately 4-feet +/-) to meet our standard. Staff Recommendation: Initial Date Approve Deny ail;Development Services Reviewer � �O A 17, WFX1MKW= Director Decision 1Afbn-n1etters\Street Mod Request Form - Pin k i 4 9256 o !6 tl � 093104 ��. o S 9-5 1-CYO. IE50 . 01 (SUR . � 50 200 I! ! tea 092104 5944 SLR t1 39469 SF r-q 90092104 t 50 9257 I! 200 211.44 200 1 SbR L-12 W 300:1 ! ' 15 00 rz I.. 2308 g117- II092104 11100# U�) 2038 a 56 � �3 �a � NO Uri � � � .,m _,�w _�s____�--,��.w.. xIICO y® -- � � q � f N-4 moo+ II N QN�k UO t 092104 `-' U) N 9113 u 082104 9174 0 � � t� w a, 297.80 SUR II �.°t, N 297.78 p O t II Ln QQ CD 0 1 O II "0CD N N C^ � �+M CD Sh + !! M1121;;4 9129 150084 SF ra o� t$ 3.45 AC 00 ! ! CO CN 4 9 u7 h �, 7 u I ! 50 2 291... D 1-Rd 00 m d 95 _ 1! �L ------------- 1 176.41 NY LN, (SP 8811220699 -_ .. _9 rya w 90�00 i76.41 q o !! � 4 5 a t. 'tl i l 14 l Q tl N $ CR Lot � G a � ,tl Q z W ` { 1 11�.2 oo, LOT cN L;tl >+ 28471# 39008# k-V_SSS tAAaA,(AC.VAr-"T_ CITY Or PUBLIC WORKS Federal Way DEPARTMENT STREET MODIFICATION RE ST / ACTION Project Name Pink Elephant Carwash Expansion Permit # 16-103158-00-PC Location 31458 Pacific Highway South Request The applicant is requesting a modification to the City's Access Management Standards (FWRC Section 19.135.280) for spacing on a state highway not designated as limited access. SiaffAnalysis, Currently there are 2 driveways providing access into and: out of the Site. Thm middle portil of tfidrfton*ge� This new dii V St, nor between it and the driveway to the north on a separate property 2 parcels no of this one. I The distance between the new driveway and S 316 lh St will be approximately 85 -feet, and ths distance to the driveway to the north will be approximately 200-feet. Requirements / Conditions of Approval Development Services staff recommends approval of their request to construct the new driveway approach as proposed. The applicant will be required to construct the new driveway to current City standards for a commercial driveway approach, and replace the 2 existing driveway v(pproaaes with vertical curb and gutter, a 6-foot 410��iwvlvu 44*��taLa , and an 8-foot , Vim" , -eate a si,�bt4distance issue� 4doWAfk In addition, one exi Sting decorativo� Street light will have to be relocated in order to locate it outside of the new driveway approach. IJIT; VWT�Itml_ XIM 11111rT_T:W7=�*-_- Traffic Division Reviewer 13M Apl)rove le, Ef Deny 0 El 0 0 14 0 IMornaletters\Street Mod Request Form - Pink Elephant Carwash Driveway, docx Scan completed form into Amanda folder 5 rvi � -�77 - 10 q 5 2 -7 September 21, 2017 Mr. Jim Harris Planner itv of Fe eral Way Development Services Center 33325 8th Avenue South Federal Way, WA 98003-6325 RECCEIVED S[ ) '2 ?NTI C'OtAMtUNITY DEVEIC"PIOE•'Ff Architecture I Design I Planning I Retail Pink Elephant Car Wash File #11 6-103158-00-PC, PREAPPLICATION CONFERENCE SUMMARY Pink Elephant Carwash Expansion, 31485 Pacific Highway South, Federal Way (Parcel #092104-9129) Dear Mr. Harris: Pursuant to the preapplication conference held on Januaq 5, 2017 and the later preapplication conference held on July 28, 2016, we are proposing to consolidate the two existing driveways into one 30'driveway and relocate the new driveway away from the intersection. Given the site constraint the new driveway will not meet the 250' spacing requirement, we ask that the director grant a modification administratively. The Owner would be required to fulfill the following improvements on the following streets to the City planned roadway cross -sections: 0 SR-99 is a Principal Minor Arterial Collector planned ata Type "A" street� consisting of a 90-foot street with curb and gutter, 6-foot planter strips with street te6�, &&ot sidewalksi and street lights in a 124-foot righvof�" �"- Sk" is improved with six lanes, including vertical curb/gutter, sidewalks, streetlots� ett.4 ob both sic[es of the street No further street widening or light -of -way is necessary. Tapers and transitions beyond the project frontage may be required as deemed necessary for safety purposes, taper rate shall be WS112/60 or as directed by the Public Works Director. 0 With the relocation of the two existing driveways, the applicant must improve the frontage to including vertical curb, planter strip, sidewalk and streetlight. 0 For driveways that serve uses other than single-family residential uses and zero lot line townhouse developments, the maximum driveway width is 30 feet for a two-lane two-way driveway and 40 feet for a three -lane two-way driveway (FWRC 19.135.270). Driveway widths may be increased in order to provide adequate width for vehicles that may be reasonably expected to use the driveway, as determined by the Public Works Director. Project Narrative The proposal is to remodel the existing auto carwash and add 1,140 square feet to an automatic car wash. The applicant proposes to change the roofline, add new signage. Project scope involves a relocation of the (2) two existing curb cuts into one 30 ft. curb cut and an expansion of the current drive thru automatic car wash. Curb cuts: Existing (2) two curb cuts are proposed to be one 30 ft. curb cut that will act as the entry and exit into the property. Relocation of light pole. Rework of sidewalk and landscape planter Auto Car wash building: Building will be lengthened to accommodate equipment at the East side of the existing building, Approx. 1,140 sf to be added, approximately 42 ft. Existing wait area to be relocated in new expanded area of the car wash A separate pay gate station will be added at the front of the new expanded car wash entry. A new Handi-cap parking stall to be added I have attached a preliminary site plan that outlines the project narrative. If you have questions or need additional information, please do not hesitate to contact me at this office. Thank you. Sincerely, [1�111il !! keith I smith Page 2 1725 westlake avenue north suite 210 seattle, washington 98109 206.838.5485 p 206.464.0700 f 206.713.4076 M 1SCOPE OF WORK *RIVE THROUGH • • •' EXISTING BRICK FACADE TO REMAIN, DESIGN WILL BE EXTENDED INTO NEW EXPANSION. SIDINGMETAL ARCHITECTURAL METAL CONCRETE NO CHANGE, NO WORK L SCALE: N.T.S. lamDo v + Z� � 150 7 77777VED sT-7'-'-,"', CIS 0 F FED GO, MMUNITY atm�,_�yMENT 7j U m x Lj j7 u Z X LLJ 'j <: u U F_ U L.L Ld (L IaL z nn w D u F_ Z LJ c - L3 oo 0 71 EXISTING TRAFFIC POLE existing vacuum -cuu1n stations typ, ing vac —exi t' EXISTING SIGN stations typ, ions typ, T TAL SF OF PROJECTi E ISTNG WASHi 2,070 SF T"ZTTNri VACULJMt 1882 SF EXISTING SELF WASHi 2,405 SF TOTAL6,357 SF 25% OF TOTAL = 1,589.25 SF TOTAL ADDITION = 1,140.00 SF 1,140,00 SF < 1,589.25 SF 1,140.00 SF < 2,500.00 SF existing planter __445 EXISTING VACUM TAT NS5t evk_J%_1QVED PARCEL NO.: 092104-9129 S, 316TH STREET CDR OF S 1/2 OF S 15 AC OF 4� c B" - D A_ LEGAL: BEG ELY LN OF ORIGINAL ST HWY # 1 112 FT S OF NW NW 1/4 OF SW 1/4 TH E 300 FT TH S TO S LN OF SURD TH W TO E LN OF HWY TH N TO BEG LESS ST HWY SCALE: 1/16"=1 7 -SEP 2 P RE GEC N0 gx&tA CC DRAWING ISSUES PROJECT, Car Wash 201315M SCALE: 1725westlakeaveN 3Elehant 1tcwlWy, 36=I'0" wattle, washington 98109 suite 210 CLIENT, 206.838.5485 p SHEET NO, 206.713.4076 m f 12.06.16 SHEET TITLE; A2.0 206.464.0700 ksm1th@smfthco,org e 7.1 site plan CITY OF Federal Way DATE: October 12, 2017 TO: ROW Mod Review Team FROM: Kevin Peterson SUBJECT: ELEPHANT CAR WASH - (17-104587-00-SM) 31458 PACIFIC HWY S Attached are 2 separate requests for the same project — one is a request to waive right of way improvements, and the other is a request to modify our driveway spacing standards. AFTER MCORDO; MAIL TO: Name Grah= & Dunn jgmmy a. Myrick Address 1420 Fifth Avenue, 3 '4 B City/State Seattle litt�l-20 Document Title(s): (or transactions contained therein) 1. 49� Claimant(s): (Last name first, then first name and initials) 1. acb, City of Federal W@j Aggrieved Party(s): (Last name first, then first name and initials) I Genahis Khan Restaur C= 0 Additional names on page _ of document C%A V4 Abbreviated Legal Descriptions are as follows: (i.e. lot/block/plat or section/township/range/quarter/ quarter) Secti )n 9, Town hip 21 North, Rang,- 4 East 0 Complete legal description is on page _ of document 71.1-2 M 7 V 7 F, IT M- F F -MMI TM P M, IM NOTE: The auditor/recorder- , will rely on the information on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information vrovided herein. FILE D 02MAR -7 AM11:50 2 GUHT'f 3 SUPE . RIOR COURT CLERK KENT, W A CERTIFIED COPY The Honorable Dean S. Lum Q 7 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 8 9 THE CITY OF FEDERAL WAY, Nq_0J--L-Z2JUL- "ha --%-- CONSOLIDATED WITH: 00 10 Petitioner, 01-2-08745-2 KNT 11 vs. STIPULATED JUDGMENT AND CONSENT DECREE OF APPROPRIATION 12 TIEN TSAI LIU and CHUEN HWA LIU, individually and the marital community ) TAX PARCEL NOS. 0921049113 AND Cn 13 composed thereof, et a]., ) 092,1049258 (GENGHIS KHAN RESTAURANT) 14 Respondents. Cnp 15 CLERK'S ACTION REQUIRED 16 17 18 JUDGMENT SUMMARY 19 1. Petitioner City of Federal Way 20 2. Vested Fee Owner Tien Tsai Liu and Chuen Hwa Liu, individually and the marital 21 community composed thereof 22 3. Just ensation Amt 65,00-Ok0 23 4. Costs and Fees Each party to bear its own costs and expert and attorney Tees. 24 5. Prejudgment Interest Included in Principal Judgment Amount. 25 6. Unpaid Just Compensation Amount shall bear interest at the rate of 12% per annuin pursuant 26 to RCW 445.110 from the date this Consent Decree and Judgment of Appropriation is entered until the unpaid balance of the Just Compensation Amount is paid into the registry of the Court in the manner set forth herein. STIPULATED JUDGMENT AND CONSENT GRAHAM & DUNN Pc 33,d DECREE OF APPROPRIATION -- I 1420 Fifth Avenue Sea td e,'Washingwn 981Floor 01-2390 (206) 624-8300/Fax: (206) 340-9599 m24770-344143.doc I THIS MATTER having come before the Court upon the consent of the parties upon the 2 Petition of the City of Federal Way ("Petitioner"), seeking: 3 1) A determination of just compensation to be paid in money for the taking and 4 appropriation of the subject property; 5 2) A judgment and decree of the Court providing for payment of the just 6 compensation so determined; and 7 3) A decree of appropriation vesting title to the subject property in Federal Way and adjudging that Federal Way be entitled to immediate possession thereof. 8 THE COURT HAVING previously entered its adjudication of public use and necessity 9 declaring that the use for which the subject property, legally described in Exhibit A to this 10 pleading (the "Property"), is sought to be appropriated is a public use, and declaring that there is Ln 11 a public necessity for such appropriation, and Petitioner having been represented by Larry J. 12 Smith and Marisa Velling Lindell of Graham & Dunn, its attorneys, and Tien Tsai Liu and Chuen 13 CM Hwa Liu (the "Lius") having been represented by Nancy L. Cahill of Holman Cahill Garrett Ives 14 & Oliver PLLC, and the parties having stipulated to and approved the form of this Consent 15 Judgment and Decree of Appropriation, 16 NOW, THEREFORE, in accordance with the parties' stipulation and agreement, it is 1711 hereby 18 ORDERED, ADJUDGED AND DECREED that the sum of Sixty -Five Thousand and No/100 IV Dollars ($65,000.00) represents the just compensation for the Property taken. The parties 20 acknowledge Federal Way has already paid Fifty -Three Thousand Three Hundred Ten and 21 No/100 Dollars ($53,310.00) into the court registry at the time Federal Way was granted 22 immediate possession and use of the Property. Therefore, in order to satisfy the rhonetary 23 requirements of this Consent Decree, Federal Way need only deposit Eleven Thousand Six 24 Hundred Ninety and No/100 Dollars ($11,690.00), that being the difference between the 25 monetary requirement of this Consent Decree and the amount previously paid by Federal Way STIPULATED JUDGMENT AND CONSENT GPAHAm & DUNN Fc DECREE OF APPROPRIATION -- 2 1420 Fifth Avenue 331d Floor Seattle, Wwshington 98101.2390 (206) 624-8300/rax: (206) 340.9599 m24770-344143,doc 1 11 into the court registry at the time Federal Way was granted immediate possession and use of the 211 Property. 3 IT IS FURTHER ORDERED, AUGED AND DECREED that the sum deposited 4 into the registry of the court, as above provided, is subject to any liens of taxes, including surfacp 5 water management service charges, and said liens shall be withheld by the Clerk of the Court 6 from the above -referenced deposit and the amount thereof shall be paid to the County Treasurer 7 in payment and discharge of the liens, pursuant to Chap. 84.60 RC. 8 IT IS FURTHER ORDERED, AD3_UGED AND DECREED that upon full payment of 9 the sum, as provided for above, into the registry of the court Petitioner is hereby granted the right 10 to appropriate, use and take the Property and all of the right, title and interest in or to the Property 11 and those claiming by, through or under Respondents, shall be vested in Petitioner in fee simple. cv 12 IT IS FURTHER ORDERED, ADJUGED AND DECREED that a certified copy of 13 this Stipulated Consent Decree and Judgment of Appropriation shall be filed in the Office of th" 14 King County Auditor and shall be recorded by such Auditor like a deed of real estate with like 15 effect. 16 DONE IN OPEN COURT this day of 1002. 17 JA18D�GEICQ.�� ,J1 Presented by: 21 GRAHAM & DUNN 22 By ,. rry J. Smith, WSBA# 13648 , am J. 231, Manisa Velling Lindell, WSBA# 18201 Attorneys for Petitioner GP-kHAM & DUNN Pc 1420 Fifth Avenue 331d Floor Seattle, Washington 98101-2390 (206) 624-8300/17w (206) 340-9599 m24770-344143.do,c Approved as to form; Stipulated as to terms; 2 Notice of Presentation waived: 3 HOLMAN CAHILL GAR TT IVES & OLIVER PLLC 4 5 By- Nancy/L. C i , S" 14287 Attorneys for n Tsai Liu and Chuen Hwa Liu 7' 8': 9 10 I 12 13 a 14 15 16 17 18 14' 25 2 STIPULATED JUDGMENT AND CONSENT DECREE OF APPROPRIATION -- 4 m24770-344143.doc Pc 1420 Fifth Avenue 331d Floor ewtie, Washington 98101-2390 (206) 624. 300/Fae, (206)140.95 9 "'JEPIXHIBIT A" ACQIASITION FROM PARCEL NO. 0921049113 & 0921049258 The west 15.4', 4 feet, containing 24fli •square •feet, more •or less, or in Statutory Warranty Deed recorded under Recording Number 20001222000884, lying within the northwest quarter of the southwest quarter of Section 9, Township 21, North, Range 4 East, W.M., in King county, Washington. Original signature made with blue ink Ln `rj 0 r r PROPERTY LINE cr Cn 0 c� z c� LL v ¢ CL p* ROW. CL z V TAX LOT NUMBERS 0921049258 & 0921049113 X ' Lu I .r Lu r i Lu IP r a Op I CD Y,W (i PROPERTY LINE UJ U-1 va r Cry I I FOR INFORMATION PURPOSES ONLY I THIS DRAWING IS NOT A RECORD OF I SURVEY NOR MEETS MINIMUM STANDARDS 1 I SPARED BY: GCB DATE 01,/1/'01 CHECKED BY:JGM DATE 01/1 /01 EXHIBIT MAP REVISED BY: DATE I N Standard Coverage PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. A.L.T.A. AMENDED OWNER'S POLICY SCHEDULE A Order No.: 374699 Policy Date: March 11, 2002 at 8:30 a.m. Policy No.: 1093-137932 Policy Amount: $65,000-00 1. Name of Insured: CITY OF FEDERAL WAY, a municipal corporation 2. The estate or interest in the land described herein and which is covered by this Policy is: FEE SIMPLE 3. The estate or interest referred to herein is at date of Policy vested in: CITY OF FEDERAL WAY, a municipal corporation 4. The land referred to in this policy is described as follows•: As on schedule A, page 2, attached. A, Policy No.: 1093-137932 SCHEDULE A Page 2 The land referred to in this policy is in the State of Washington, and described as follows: The West 15.00 Feet of Parcels A and B PARCEL I(- That portion of the northwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning on the west line of said subdivision at a point 12.00 feet southerly of the northwest corner of the south half of the south 15.00 acres of said subdivision; 15� thence easterly parallel with the northerly line of 90 half of south 15.00 acres of said subdivision 50 feet more or less to the easterly line of State Highway No. 1 and the TRUE POINT OF BEGINNING; thence easterly parallel with said northerly line 300.00 feet; thence southerly parallel with the easterly line of said highway 100.00 feet; thence westerly parallel with the northerly line of the south half of south 15.00 acres of said subdivision 300-00 feet to the easterly line of said highway; thence on said easterly line northerly 100-00 feet to the TRUE POINT OF BEGINNING. That portion of the northwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning on the west line of said subdivision at a point 12.00 feet southerly of the northwest corner of the south half of the south 15.00 acres of said subdivision; thence easterly parallel with the northerly line of the south half of the south 15 acres of said subdivision, 50 feet, more or less, to the easterly line of State Highway Number I and the TRUE POINT OF BEGINNING of the tract herein described; thence north W1010811 east, along said east line, 60 feet; thence south 8901913311 east, parallel with said northerly line 200 feet; j Policy No.: 1093-137932 SCHEDULE A Page 3 I - 6 thence south 00'10'08" west 160 feet; thence north 89*1013311 west 200 feet to the east line of said highway; thence north 00'1010811 east, along said east line, 100 feet to the TRUE POINT OF BEGINNING; EXCEPT the south 100 feet thereof. Standard Coverage PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. A.L.T.A. OWNER'S POLICY This policy does not insure against loss or damage by reason of the following: GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or liens under the Workmen's compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS: As on Schedule B, attached. !9 Policy No.: 1093-137932 SCHEDULE B Page 2 SPECIAL EXCEPTIONS: 1. The right of the public to use a portion of said premises for public road purposes as disclosed by the King County Assessor's Map. AFFECTS: Southwesterly portion of said premises (Parcel A) 2. Matters disclosed on a survey of the herein described property was recorded under King County Recording Number 8105219002, a copy of which is hereto attached. 3. Matters disclosed on a survey of the herein described property was recorded under King County Recording Number 8512239014, a copy of which is hereto attached. 4. Matters disclosed on a survey recorded under King County Recording Number 20001220900004, a copy of which is hereto attached. 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Tien Tsai Lui and Chuen Hwa Lui, husband and wife TRUSTEE: Chicago Title Insurance Company, a corporation BENEFICIARY: Arthur Armstrong, personal representative of the Estate of Walter E. Hossfeld, Sr., deceased and Ruth Hossfeld, undivided 50% interest, Kenneth Hartvigson, Sr., and Eleanora Hartvigson, husband and wife, as to an undivided 25% interest,_and Charles N. Mullavey and Marilyn M. Mullavey, husband and wife, as to an undivided 25% interest AMOUNT: $650,000-00 DATED: December 14, 2000 RECORDED: December 22, 2000 RECORDING NUMBER: 20001222000885 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. ASSIGNMENT OF SAID DEED OF TRUST. ASSIGNEE: Herbert R. Hossfeld; Janet L. Armstrong and Walter E. Hossfeld, Jr., in equal shares, as their separate estates, as tenants in common RECORDED: December 28, 2001 RECORDING NUMBER: 20011228000814 C� C f S" -MAILTo- Name G l I== S Mvrlpk Address 1420 Fj 1x Avenue 'd Flour City/State Seattle MIA 9$10 ] -2L90 Document Title(s): (or transactions contained therein) 1 Stipulated sent Judgment And Decree Anninnnation Reference umber(s) of Documents assigned or released: Grantor(s): (Last name first, then first name and initials) 1 QV ofFederal ay Grantee(s): (Last name first, then first name and initials) 1 Steven C H 2 Holly A H e Abbreviated Legal Description as follows: (i a lot/block/plat or section/township/range/quarter/ quarter) NW ✓,a " ' .0 -21-0 Assessor's Property Tax Parcel/Account uber(s): 0921049129 NOTE: The auditor/recorder will rely on the information on the form The staffwill not read the document to verify the accuracy or completeness of the indexing information provided herein FILED 1 02 ,I»r 18 3 KENT U fJ t' `fin K �'a"411MM"' OCERTIFIED COPY The I Ionorable Dean S Lum 9 CITY OF FEDERAL WAY, ) No 01-2-08745-2 KN F ) (CONSOLIDATED) 10 Petitioner, ) STIPULATED CONSENT JUDGEN F I 1 vs ) AND DECREE OF APPROPRIATION s 12 STEVEN S HANEY and HOLLY A IIANEY, ) 'FAX PARCEL NO 0921049129 o individually and the marital community ) (ELEPHANT CAR WASH) a 13 corn sed thereof, et al , DANA PLAZA, , LLC, a) Was limited liabili company,etal, 14 i 8ton R,SCH RVESTIMENTUOPERTIES, LLB,) CLERK'S ACTION REQUIRED ® � et al, TIEN TSAI LIU and CHUEN HWA LIU, ) 15 individually and the marital community ) n composed thereof, et al, ) 9= 16 ) Respondents ) 17 18 JUDGMENT SUMMARY 19 1 Petitioner City of Federal Way 20 2 Vested Fee Owner Steven C and By A I laney 21 3 Just Compensation $41,580 00 Amt 22 4 Costs and Fees Each party to bear its own costs and expert and attorney fees 23 5 Prejudgment Interest Included in Principal Judgment Amount 24 25 6 Unpaid Just Compensation Amount shall bear interest at the rate of 12% per annum pursuant to RCW 4 45 110 from the date this Consent Decree and Judgment of Appropriation is entered 26 until the unpaid balance of the Just Compensation Amount is paid into the registry of the Court in the manner set forth herein STIPULATED CONSENT JUDGMENT AND GRAHAM & DuNN n DECREE OF APPROPRIATION -- I 14201)fth A%Lnlll 331J l 1wr SL'1ttk, WlthMa 4, 0n 8341-23 0 �wl 2l J (206) G21-83(*/1 AN (206) 34 9591) m241 BS-363398 2 dcx � 1 JUDGMENT AND DECREE 2 THIS MATTER having come before the Court upon the consent of the parties upon The 3' Petition of the City of Federal Way ("Petitioner"), seeking _' 1) A determination of just compensation to be paid in money for the taking and 5 appropriation of the subject property, 6 2) A judgment and decree of the Court providing for payment of the just 7 compensation so determined, and 8 3) A decree of appropriation vesting title to the subject property in Federal Way and adjudging that Federal Way be entitled to immediate possession thereof 9 THE COURT HAVING previously entered its adjudication of public use and necessity 10 declaring that the use for which the subjectproperty, legally described in Exhibit A and Exhibit 11 .� B to this pleading, and as described in the petition, (the "Property'), is sought to be appropriated 12 is a public use, and declaring that there is a public necessity for such appropriation, and 13 Petitioner having been represented by Larry J Smith and Mansa Veiling Lindell of Graham & 14 � Dunn, its attorneys, and Steven C and Holly A Haney and WASHDUP LLC having been 0 15 represented by James D Nelson and Robert F Lopez of Betts Patterson & Mines, and the parties 16 : having stipulated to and approved the form of this Consent Judgment and Decree . of 17 Appropriation, 18 NOW, THEREFORE, in accordance with the parties' stipulation and agreement, it is 19 hereby 20 ORDERED, ADJUDGED AND DECREED that the sum of Forty -One Thousand Five 21 Hundred Eighty and No/100 Dollars ($41,580 00) represents the just compensation for the 22 Property taken The parties acknowledge Federal Way has already paid Twenty -Nine "Thousand 23 Two Hundred and No/100 Dollars ($24,200 00) into the court registry at the time Federal Way 24 was granted immediate possession and use Therefore, in order to satisfy- the monetary 25 requirements of this Consent Decree, Federal Way need only deposit Twelve Thousand Three 26 Hundred Eighty and No/100 ($12,380 00), that being the difference between the monetary STIPULATED CONSENT JUDGMENT AND GRAHAM & DUNN rr DECREE OF APPROPRIATION -- 2 14201 ifeh Mom.3YLI i I(x)r tieartk,\Vawhington 98101-2390 (206) 624-R DO/i ,xa (206) 340 9499 m24185-36339R 2 doe requirement of this Consent Decree and the amount previously deposited by Federal Way into the 2.. court registry IT IS FURTHER ORDERED, ADJUGED AND DECREED that the sum deposited into the registry of the court, as above provided, is subject to any liens of taxes, including surface water management seivice charges, due and owing through to December 28, 2001, that, being the 6 date of possession and use, and said liens shall be withheld by the Clerk of the Court from the above -referenced deposit and the amount thereof shall be paid to the County Treasurer in payment and discharge of the liens, pursuant to Chap 84 60 RCW IT 1S FURTHER ORDERED, ADJUGED AND DECREED that upon deposit of this 1 sum into the registry of the court Petitioner is hereby granted the right, with regard to that portion of the Property described in Exhibit A to this Decree, to appropriate, use and take the Property j c . 12 and all of the right, title and interest in or to the Property and those claiming by, through or under c� 13 Respondents, shall be vested in Petitioner in fee simple 14 IT 1S FURTHER ORDERED, ADJUGED AND DECREED that upon deposit of this 00 N 15 sum into the registry of the court Petitioner is hereby granted the right, with regard to the 16 Property described in Exhibit B to this Decree, to appropriate, use and take the Property, 17 described in Exhibit B, for purposes of a permanent easement in and for the public for utility 18 purposes, and such easement shall be vested in the Petitioner free and clear of any right, title and 119 interest of any other person or entity federal Way expressly agrees to take all reasonable 0 measures to ensure that its placement and maintenance of the underground and overhead utilities 21within such easement does not unreasonably interfere with the business activities of the Haneys 22 or Washdup 23''' IT IS FURTHER ORDERED, ADJUGED AND DECREED that a certified copy of 24'' this Stipulated Consent Decree and Judgment of Appropriation shall be filed in the Office of the 25 King County Auditor and shall be recorded by such Auditor like a deed of real estate with like 26 effect STIPULATED CONSENT JUDGMENT AND GRAHAm & DUNN rr DECREE OF APPROPRIATION -- 3 i42o 14th Avenut 3Yd I.1wr Scatt1L, %',tshwgton 90101-2239 (206) 6244100/1 ar 21 ) 340-95 9 m24185-363348 2 doL DATED this f dayof"2002 2 3 XlHZiEIlONORABL DEAN S LU M 5 Presented by GRAHAM & DUN N PC 61 A WSHAW 9 Attorneys or titioner 10 Approved as to form, I I Notice of Presentation waived um, cm 12 BET IS PAT FERSON & MINES elm 13 14 JBY— Robert Lopez 15 WSBAW 146--j Attorneys for Respondents Haney 1611 17 STIPULATED CONSENT JUDGMENT AND GRAH" & DUNN x DECREE OF APPROPRIATION -- 4 14201 fifth Avenuc 33-1 Hoor Se2ttic, WaAmgton 98101-2390 (206) 024-8300/Nx (M) 140.9599 m24195-363398 2 dog, "EXHIBIT A" That portion of the land described in Statutory Warranty Deed recorded February 4, 2000, under Recording Number 20000204000617, being a portion of the northwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, Willamette Meridian, in the City of Federal Way, King County, Washington, more particularly described as follows Beginning at the southwest corner of said parcel, thence along the easterly line of that property conveyed to the State of Washington under Recording Number 4948897, North 4®10'39" West, 55 06 feet to a point hereinafter refened to as point "A", thence South 88047'54" East, 5 15 feet to a point which lies 65 feet easterly of the center line of right of way for Pacific Highway South, thence parallel to said center line South 1®12'06" West, 38 90 feet, thence South 60°26'55" East, n 19 48 feet, thence South 1°48'32" West, 6 85 feet to the southerly line of said parcel, a s thence along said southerly line North 88*11'42" West, 17 06 feet to the Point of Beginning, containing 336 square feet, more or less i� C= TOGETHER WITH am m Commencing at aforesaid point "A" being on the easterly line of Pacific Highway South, thence along said easterly line North 4"10'39" West, 27 49 feet to the Point of Beginning, thence continuing along said easterly line North 4°10'39" West, 54 19 feet to the northerly line of said parcel, thence along said northerly line South 884 F42" East, 5 70 feet, thence South 1°51'37" West, 53 89 feet to the Point of Beginning, containing 154 square feet, more or less Original Signature made with blue ink 374698 doc E it ' S 88011'42" E 53Y of 1 PROPERTY LINE C� `� SECTION PROPOSED ROW TAKE LINE o I1 ® N ;4° 1'39" W S 1051°37" W 53.89 t 54.19 } 11 1' 1 TAX LOT NUMBER 0921041121 '1 1l 27,49' , NTS POINT "Au 11 Q °- ' 1 EXISTING ; S W47'54" E ROW CL i t S 1" 12'06" W 38.90' N 40 10'39" W w PROPOSED 55.06 ROW TAKE 11 S 6T26°555" E u' ui 19.48° cc cc S 1048'32" - 6.85' z $ z I'e N It cv _ .rW-.vim -- „ 11 co ', 0-J, N 88011'42" W �, !° w w 17.06' cn I, to i FOR INFORMATION PLFPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: CHECKED BY: GCB DATE09/2S/00 JGM DATE 09/25 00 Blow EXHIBIT MAP REVISED BY: KWS DATE 7 Q2 n. cv c:, a e "'EXHIBIT " That portion of the land described in Statutory Warranty Deed recorded February 4, 2000, under Recording Number 20000204000617; being a portion of the northwest quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, Willamette Meridian, in the City of Federal Way, King County, Washington, more particularly described as follows Commencing at the southwest corner of said parcel, thence along the easterly line of that property conveyed to the State of Washington under Recording Number 4948897, North 4°10'39" West, 55 06 feet to the Point of Beginning, thence continuing along said easterly line North 4®10'39" West, 27 49 feet, thence North 1°5 F37" East, 53 89 feet to the northerly line of said parcel, thence along said northerly line South 88°11'42" East, 7 11 feet to a point which lies 65 feet easterly of the center line of right of way for Pacific Highway South, thence parallel to said center line South 1®12'06" West, 81 19 feet, thence North 88°47'54" West, 5 15 feet to the Point of Beginning, containing 576 square feet, more of less 374698_ease doc ongival Signature made with blue roA i® 11 nj 31 aJll _ A S W 11'42" E A 1 7 11' ,� - - - - _- - PROPERTY _ LINE i rz !, 1 , PROPOSED "'r SECTION EASEMENT LINE 1; N 1051'37" E 1 o !, 53.89 A AA S V 12 06 81.19' N i- I1 1 1 ? 11 1 P, Z jl v a, N 4®10 Y- W NTS !1 27.49' II a it TAX LOT EXISTING a NUMBER 0921049129 ROW CL 11 c~171 QQpp -.N W°47'54" W 11 X 1 5.16 p 1, 7.i N 40 V39' W W el } 55e� P Lu 1, Lu 1 1' !, ; PROPOSED ROW TAKE Z 1 1, a co 07 U 11 U w II Lu co , P. fn I FOR TWORMATION PURPOSES ONLY THIS DRAWING IS NOT A RECORD OF SURVEY NOR MEETS MINIMUM STANDARDS PREPARED BY: CHECKED 0Y: GC8 DATE 09/25/00 JGM DATE 09/26/00 EXHIBIT MAP Al REMISED BY: KWS DATE. 01 22,+02 STATE OF ASHI TON) County of King } r+ y The Director of Records & Elections, Kinq County, State of rr t ashingtor and exofficio Recorder of Deeds and otner� " Instruments, do hereby certify the foregoing copv has been comoared with the original instrument 9s the same appears on file and of record in the office, and that the game is true ° and perfect trenscriot of said original and of the whote thereof Witaosis my hand and official seal this day Director of Records a Elections rsmutp" lltti 11/112017 Landmark Web Official Records Search CITY OF FEDERAL WAY ATTN: LAW DEPT. 33530 1ST WAY SOUTH FEDERAL WAY, 98063-9718 PAciwic NoitTuMsT TrrLE Document Title(s) Reference # (if applicable) nos< 9 L 1z_ AO 1,00 (001" '10 0 100 t, E1912126 0/20/2"2 15 15 KING COUNV, WA " t;ft "lei) PACE 001 OF e9l PACIFIC NORTHWEST TITLE COMPANY r-5 Grantor/Borrower: gQUIbON ENT RpRISES LT-q- Additional an Page: C= C11V Grantee/Beneficiary UTTY QFFEDIBM ny Additional on Page: C:D C;) Abbreviated Legal Description: '%= -14 Additional on Page: _ 042IQ4-9088-03 Assessor's Tax Parcel I D# https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.biue&section=searchCriteriaInstrumentNumber&quickSearchSelection=# 1 RA 11/1/2017 CTa C., C-4 4 'J 11 Landmark Web Official Records Search, Pyr-WHOT"VANZWOR0,NAM * • a + touNTY F s w that heT Was authorised to exe to the �nstrur ent and acknowledged It as the c7 of Equilon Enterprises LL , to be the free and voluntary act of such party for the uses an purp yes menttoned in the instrument DATED this m day of 2002 (SEAL) tary Public d .r + ELf�INE 6 TFiC MA`UN ' Residing at 1Z 7 _% h i iP e, I'Ay c rAI-310N EXPIRES My appointment expires J U LY 27, 2002 11/1/2017 Landmark Web Official Records Search THA T POR TION OF THE HEREINA FTER DESCRIBED PA RCEL 'A -, L YING NORTH AND NORTHWES T OF THE FOLLOWING DESCRIBED LINE 46 00 FEET SOUTH Ul- AII&W—V—'MPU417L. TV I iT I 17t (-1lT'f1'AEn1L- -IT-WIFF, -Zdb1—M-AM BY KING COUNTY SURVEY NUMBER 4-21-4-27, 1 THENCE SOUTH 41- 19' 14 - WEST 27 95 FEET THENCE NORTH 89'59' 16' WEST 23 93 FEET TO THE EAST MARGIN OF PACIFIC HIGHWA Y SOUTH (SR 991 AND THE END OF THIS LINE DESCRIPTION CONTAINING 3,023 SQUARE FEET, MORE OR LESS PARCEL 'A' THAT PORTION OF THE NORTH 230 FEET OF THE EAST 202 42 FEET OF THE WEST 424 84 FEET OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 21 NORTH, RANGE 4 EAST, W M, IN ICING COUNTY, WASHINGTON, LYING EASTERLY OF THE EASTERLY MARGIN OF PRIMARY STATE HIGHWAY NO I EXCEPT THE NORTH 30 FEET FOR SOUTH 288TH STREET, cue C-4 AND EXCEPT THE EAST 9 4 FEET THEREOF Cs AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY GEED RECORDED UNDER RECORDING NUMBER 8707220291 cu SURVEYORS NOTE THE CENTERLINE OF SOUTH 288"' STREET IS BASED ON THE RIGHT OF WA Y PLANS FOR SOUTH 288'H STREET AT PACIFIC HIGHWAY SOUTH (SR 99), ON FILE WITH THE CITY OF FEDERAL WAY PUBLIC WORKS parcel 0421049088 doc https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.biue&section=searchCriteriaInstrumentNumber&quickSearchSelection=# 31 11/1/2017 Landmark Web Official Records Search SEC 33,T22N.R 4E WAd S 288TH ST NTS EXISnNC POW C/L PER S 88'46'28" E 54+0o KC SURVEY 4-2f-4-27 55+00 EXISTING ROW 54+0662 54+9866 I U) 46 00 RT 4,6 00 R ti PROPOSED ROW PROPOSED ROW TAKE AREA = 3,023 S F C) V) 534-J98 62 2 53+6469 67 38' PT 67 69 RT CSIV Lu r-4 ut, Q) Q- SEC 4,T 21N.R 4E,wm EXHIBI T MAF PARCEL 0421049088 ROW TAKE FEB 2002 ACAD No 0421049088 10800 N E Oth St 720 S 333 St Ste 200 7th Floor Federal Way WA 98003 @ BellevueWA 98004 253 838-6202 425 '55-9494 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.biue&section=searchCriteriaInstrumentNumber&quickSearchSelection=# 4/5 11/1/2017 Landmark Web Official Records Search SUBJECT PLOT PLAN Shown are subject site dimensions, access frontages, improvement locations and dimensions, taking dimensions, "North arrow", camera location and direction for each attached subject photo -1 httpsJ/recordsea rch. kingco unty-goviLand ma rMebisearchri ndex?them e=, blue&section =sea rchC d tonal nstrume n tNumber&quickSearchS election=# 5/5